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65bad45aab84c7eca86ec91b	acts	State of Jharkhand - Act -------------------------- State Commission for Scheduled Castes Act, 2018 ------------------------------------------------- JHARKHAND India State Commission for Scheduled Castes Act, 2018 ================================================= Act 19 of 2018 ---------------- * Published on 29 October 2018 * Commenced on 29 October 2018 State Commission for Scheduled Castes Act, 2018 (Jharkhand Act, 19 of 2018 ) [Dated 29.10.2018.] An Act to provide for constitution of State Commission for the Scheduled Castes to provide for matters connected there with or incidental thereto; Whereas, it is expedient to constitute a Commission for the Scheduled Castes and to provide for matters connected therewith or incidental thereto; Be it enacted by the Jharkhand State Legislature in the sixty eighth year of the Republic of India as follows: Chapter-I Preliminary ### 1. Short title and commencement. - (I) This Act may be called the State Commission for Scheduled Castes Act, 2018. (II) It shall come into force with effect from the date of its publication in Official Gazette. (III) It extends to the State of Jharkhand only. ### 2. Definitions. - In this Act, unless, the context otherwise requires,- (a) "Commission" means "The State Commission for the Scheduled Castes" constituted under section 3; (b) "Member" means a member of the Commission and includes the Chairman and the Vice Chairman of the Commission; (c) "Scheduled Castes" shall have the meaning assigned in clause (24) of Article 366 of the Constitution of India; Chapter-II State Commission for the Scheduled Castes ### 3. Constitution of the Commission for the Scheduled Castes. (1) The State Government shall, as soon as may be after the commencement of the Act constitute a body to be called as the State Commission for the Scheduled Castes to exercise the powers and perform the functions assigned to it by or under this Act with its head quarter at Ranchi. (2) The commission shall consist of the following members, namely:- (a) the chairman, who has special knowledge in matter relating to the Scheduled Castes, shall be nominated by the State Government; (b) the vice Chairman, who has special knowledge in matter relating to the Scheduled Castes of Jharkhand, shall be nominated by the State Government; (c) three persons, who have special knowledge in matters relating to the Scheduled Castes, shall be nominated by the State Government; ### 4. Term of Office and Conditions of service of the Chairman, Vice Chairman and Members. (1) Subject to the pleasure of the State Government, the Chairman, Vice Chairman and every member shall hold office for a term not exceeding three years as may be specified by the State Government. (2) The Chairman/Vice chairman or a Member of the Commission may, at any time by writing under his hand addressed, to the State Government, resign his office. (3) The State Government shall remove a person from the office of the Chairman or Vice Chairman or a member, if that person,- (a) Becomes an undischarged insolvent; or (b) Has been convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government, involves moral turpitude; or (c) becomes of unsound mind and stands so declared by a competent court; or (d) refuses to act or becomes incapable of acting; or (e) without obtaining leave of absence from the commission, absents himself/herself from three consecutive meetings of the Commission; or (f) has in the opinion of the State Government so abused the position of Chairman or Vice Chairman or Member as to render that person's continuance in office detrimental to the interest of the Scheduled Caste: Provided that no person shall be removed under this clause unless that person has been given an opportunity of being heard in the matter. (4) A vacancy caused under sub-section(2) or otherwise shall be filled by fresh nomination. (5) The fixed amount/lumpsum amount and allowances payable to and the other terms and conditions of service of the Chairman, Vice Chairman and allowance payable to the Members shall be such, as may be prescribed. ### 5. Staff of the Commission. (1) Any Officer not below the rank of Deputy Secretary nominated by the Government shall be the ex-officio Member-Secretary of the Commission. (2) The State Government shall provide the Commission with such officers and employees as may be required for the proper functioning of the Commission. (3) The Administrative expenses of the commission including the fixed amount/lumpsum amount and allowances payable to the Chairman/Vice Chairman or Members and salary and allowances payable to the Officers and employees of the Commission shall be paid out of the grants referred to in Section 11. ### 6. Vacancies etc., not to invalidate proceedings of the Commission. - No Act or proceedings of the Commission shall be invalid merely on the ground of the existence of any vacancy in the office of membership of the commission or defect in the Constitution of the Commission. ### 7. Procedure to be regulated by the Commission. (1) The Commission shall meet as and when necessary, ordinarily at Ranchi and at such places as the Chairman may think fit. (2) The Commission shall have power to regulate its own procedure. (3) All orders and decisions of the Commission shall be authenticated by the Member Secretary or any other officer of the Commission duly authorised by the Member Secretary in this behalf. Chapter-III Functions and Powers of the Commission ### 8. Functions of the Commission. - The functions of the commission shall be as follows,- (a) to investigate and examine the working of various safeguards provided in the constitution of India or under any other law for the time being in force or under any order of the Government for the welfare and protection of the Scheduled Castes of Jharkhand and; (b) to enquire into specific complaints with respect to the deprivation of rights and safeguard of the Scheduled Caste of Jharkhand and to take up such matter with the appropriate authorities; (c) to advise on the planning process of socio-economic development of the Scheduled Castes to evaluate the progress of their development in the State. (d) to make recommendations as to the measures that should be taken by the State for the effective implementation of safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Castes and to make report to the State Government annually and at such other time as the Commission may deem fit. (e) to discharge such other functions in relation to the protection, welfare, development and advancement of the Scheduled Castes as may be prescribed: Provided that if any matter specified in this section is dealt with by the National Commission for Scheduled Castes established under Article 338 of the Constitution of India the State Commission for Scheduled Caste shall cease to have jurisdiction on such matter. (f) The State government may issue such directions to the commission as may be considered necessary or proper for carrying out the purposes of the Act and the commission shall be bound to comply with such directions. ### 9. Laying of Report. - The State Government shall cause such reports referred to in clause (d) of Section 8 to be laid before the State Legislative Assembly explaining Action taken or proposed to be taken and the reasons, if any, for non-acceptance of the recommendations. ### 10. Powers of Commission. - The Commission shall, while inquiring into any matter under section 8, have the same powers as vested in a civil court while trying a suit under the Code of Civil Procedure 1908, in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person from any part of the State and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing Commissions for the examination of witnesses and documents; and (f) any other matter which may be prescribed. Provided that no person who is holding the office of the Chief Secretary, Principal Secretary or Secretary to the State Government or is Head of the Department employed in connection with the affairs of the State Government shall be summoned or required to attend in person under clause (a) but he shall be deemed to have complied with the summons if he causes a person not below the rank of Deputy Secretary or, as the case may be, a person holding a post equivalent thereto to attend the Commission in compliance with the summons instead of attending in person: Provided further that the summons issued under clause (a) shall clearly indicate the purpose for which the person concerned has been summoned and when any person is summoned to produce a document without being summoned to give evidence, he shall be deemed to have complied with the summons if he causes such document to be produced instead of attending personally to produce the same. Chapter - IV Finance, Accounts and Audit ### 11. Grants by the State Government. (1) The State Government shall, after due appropriation made by the State Legislature by law in this behalf, pay to the Commission by way of grants such sums of moneys as the State Government may think fit, for being utilised for the purpose of this Act. (2) The Commission may spend such sums out of the grants as it thinks fit for performing the functions under this Act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section(1). ### 12. Accounts and Audit. (1) Accounts of income and expenditure of the Commission shall be kept in accordance with such rules, as may be prescribed. (2) The Commission shall prepare an annual statement of accounts in such form as may be prescribed. (3) The accounts of the Commission shall be audited annually by such auditor as the State Government may appoint. (4) The auditor shall, for the purpose of audit, have access to all the accounts and other records of the Commission. (5) The Commission shall pay from its grant such charges for the audit, as may be prescribed. (6) As soon as may be after the receipt of the report of the auditor, the Commission shall send a copy of the annual statement of accounts together with a copy of the report of the auditor to the State Government and shall cause to be published the annual statement of accounts in such manner, as may be prescribed. (7) The State Government shall cause the report to be laid, as soon as may be after it is received, before the House of the State Legislative Assembly. (8) The State Government may, after persual of the report of the auditor give such directions, as it thinks fit to the Commission and the Commission shall comply with such directions. Chapter - V Miscellaneous ### 13. Chairman, Vice Chairman, Members and employees of the Commission to be public servants. - The Chairman, Vice Chairman, Members and employees of the Commission shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860) ### 14. Power to make rules. (1) The State Government may after previous publication by notification in the official Gazette make rules for the purposes of carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing provisions such rules may provide for all or any of the following matters, namely:- (a) salary and allowances payable to, and other terms and conditions for service of the Chairman/Vice Chairman and allowances payable to Members under sub-section (5) of section 4; (b) the form in which the annual statement of accounts shall be prepared under subsection(2) of section 12; (c) any other matter which is required to be or may be prescribed. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before State Legislative Assembly while it is in session, for a total period of fourteen days, which may be comprised in one session or in two or more successive sessions. If before the expiry of the session in which it is so laid or the session immediately following the aforesaid House agree in making any modification in the rule or House 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, however, any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. ### 15. Power to remove difficulties. - If any difficulty arises in giving effect to the provisions of this Act, the State 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. Provided that no such order shall be made after the expiry of a period of two 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 the State Legislative Assembly. ### 16. Overriding effect of the Act. - Not-withstanding any-thing contrary in any other law and Rules for the time being in force, any order, notification, circular, scheme, rule or resolution made or issued, the provisions of this Act shall prevail. Provided that any other law or rule for the time being in force any order, notification, circular, scheme, resolution made issued or passed prior to this Act, so far as it is not inconsistent with this Act, shall continue to be in force and shall be deemed to have been made issued or passed in this Act. ### 17. Repeal and Savings. - (I) All orders/Resolution/Circulars etc related to this, which are inconsistent with this Act, shall be deemed to have been repealed to that extent. (II) Any thing done or any Action taken under any order/resolution/circular before the commencement of this Act shall be deemed to be done or taken under this Act as if it were applicable under this Act.
65b93a56ab84c7eca86e8a99	acts	State of Odisha - Act ----------------------- The Orissa Factories (Control of Major Accident Hazard) Rules, 2001 --------------------------------------------------------------------- ODISHA India The Orissa Factories (Control of Major Accident Hazard) Rules, 2001 ===================================================================== Rule THE-ORISSA-FACTORIES-CONTROL-OF-MAJOR-ACCIDENT-HAZARD-RULES-2001 of 2001 ------------------------------------------------------------------------------- * Published on 9 February 2000 * Commenced on 9 February 2000 The Orissa Factories (Control of Major Accident Hazard) Rules, 2001 Published vide Notification Orissa Gazette Extraordinary No. 387/15.3.2001-Notification No. 28/2001/5.1.21 Labour & Employment Department S.R.O. No.28/2001. - Whereas the draft of the Orissa Factories (Control of Major Accident Hazard) Rules, 1999, was published as required by Sub-section (1) of Section 115 of the Factories Act, 1948 (63 of 1948), in the Orissa Gazette dated the 9th February 2000, under the notification of the Government of Orissa in the Labour & Employment Department No. 15921-LL-iv(F)-9/2000, dated the 15th December 1999 as S.R.O. No.843 99, inviting objections and suggestions from all persons likely to be affected thereby to the expiry of a period of three months from the date of publication of the said notification in the Orissa Gazette :- And whereas no objection or suggestion has been received during the period so specified in respect of the said draft: Now, therefore, in exercise of the powers conferred by Section 41 read with Section 112 of the said Act, the State Government do hereby make the following rules, namely ### 1. Short title and commencement. (1) These rules may be called the Orissa Factories (Control of Major Accident Hazard) Rules, 2001. (2) They shall come into force on the date of their publication the Orissa Gazette. ### 2. Definitions. (1) In these rules, unless the context otherwise require (a) "Act" means the Factories Act, 1948; (b) "Hazardous chemicals" means- (i) any chemical which satisfies any of the criterion laid down Part-I of Schedule 1 and is listed in Column (2) of Part II Schedule I; (ii) any chemical listed in Column (2) of Schedule II, and (iii) any chemical listed in Column (2) of Schedule III; (c) "Industrial activity" means an operation or process carried out in a factory referred to in Schedule IV, involving or likely involve one or more hazardous chemicals and include on s storage or on site transport which is associated with that operation or process, as the case may be; (d) "Isolated storage" means storage where no other manufacturing process other than pumping of hazardous chemicals is carried out and that storage involves atleast a quantity of that chemical set-out in Schedule II but does not include storage associated with a factory specified in Schedule IV on the same site; (e) "Major accident" involving loss of life inside or outside site ten or more injuries inside and/or one or more injuries outs or release or toxi-chemicals or explosion or fire or spillage of hazardous chemicals resulting in process of adverse effects on the environment; (f) "Schedule" means Schedule appended to these rules; and (g) "Site" means any location where hazardous chemicals are manufactured or processed, stored, handled, used disposed of and includes the whole of an area under the control of an occupier. (2) Words and expressions used but not defined in these rules shall have the same meaning as assigned to them in the Factories Act, 1948 and the Orissa Factories Rules, 1950. ### 3. Application. - This rule shall apply to - (a) an industrial activity in which a hazardous chemicals, which satisfies any of the criterion laid down in Part I of Schedule I and is listed in column (2) of Part II, of the said Schedule is or may be involved; and (b) isolated storage in which there is involved a quantity of a hazardous chemical listed in column (2) of Schedule II which is equal to or more than the threshold quantity specified in Column (3) thereof. ### 4. Collection development and dissemination of information. (1) An occupier of a factory carrying on an industrial activity or isolated storage in terms of clauses (a) and (b) of rule 3 shall arrange to obtain or develop information on hazardous chemicals in the form of a material data sheet as specified in Schedule V which shall be accessible to workers upon request for their reference. (2) The occupier while obtaining or developing a material data sheet as specified in Schedule V in respect of hazardous chemical handled by him shall ensure that the information is recorded accurately and reflects the scientific evidence used in making the hazard determination, in case, any significant information regarding the hazard of the chemical is available to the occupier later on, it shall immediately be added to the materials date sheet. (3) An occupier of a factory carrying on an industrial activity or isolated storage shall provide information on demand to show that he has- (a) identified the major accident hazards; (b) taken adequate steps to- (i) Prevent such major accidents and to limit their consequences to persons and the environment; and (ii) Provide the persons working on the site with the information, training and equipment including antidotes necessary to ensure their safety and health. (4) Every container of a hazardous chemical shall be clearly labelled or marked to identify- (a) the contents of the container; (b) the name and address of the manufacturer or importer of the hazardous chemical; and (c) the physical, chemical and toxological data of the hazardous chemical; (5) Where it is impractical to label a chemical in accordance with sub-rule (4) owing to the size of the container or the nature of the package, provision for identification shall be made for other effective means like tagging or accompanying documents. ### 5. Duties of Inspector. - The Inspector shall- (a) Inspect the industrial or isolated storage, atleast once in a calendar year; (b) send annually status report on compliance of these rules by the occupiers to the Ministry of Environment and Forests through the Directorate General of Factory Advice Service and Labour Institute and Ministry or Labour of Government of India; and (c) enforce directions and procedures in respect of Industrial activities or isolated storages covered under the Act and in respect of pipe lines up to a distance of five hundred metres from the outside of the perimeter, of the factory regarding- (i) notification of the major accidents as per sub-rules (1) and (2) of rule 6; (ii) notification of sites as per rules 7 and 8; (iii) safety reports and safety audit as per rules 10 to 12; and (iv) preparation of on-site emergency plans as per rule 12 and involvement in preparation of offsite emergency plans in accordance with directions/instructions of the District Collectors or District Emergency Authority. ### 6. Notification of major accidents. (1) Where a major accident occurs in a site, the occupier shall forthwith notify the Inspector and the Chief Inspector of that accident, and furnish thereafter to the Inspector and the Chief Inspector, a detailed report relating to the accident in instalment, if necessary, as specified in Schedule VI. (2) The Inspector and the Chief Inspector shall on receipt of the report in accordance with sub-rule (1) above shall undertake a full analysis of the major accident and send the requisite information to the Ministry of Environment and Forests through the Directorate General of Factory Advice Services and Labour Institute and the Ministry of Labour of Government of India. (3) An occupier shall inform to the Inspector the steps taken to avoid any repetition of such occurrence on a site. (4) The Inspector and the Chief Inspector shall inform the occupier in writing any lacuna which in their opinion need to be rectified to avoid major accidents. (5) The Inspector and the Chief Inspector shall compile information regarding major accidents and make available a copy of the same to the Ministry of Environment and Forest's through the Directorate General Factory Advice Service and Labour Institute and the Ministry of Labour of Government of India. ### 7. Application of certain rules. (1) Rules 8, 12 and 14 shall apply to an industrial activity other than isolated storage which involves a threshold quantity of hazardous chemicals listed in column (2) of Schedule III which is equal to or more than the threshold quantity specified in the entry for that chemical in column (3) thereof. (2) Rules 9 to 11 shall apply to an industrial activity other than isolated storage which involves a quantity of hazardous chemical listed in column (2) of Schedule III which is equal to or more than the threshold quantity specified in the entry for that chemical in column (4) thereof. (3) Rule 8 shall apply to an isolated storage which involves a quantity of hazardous chemical listed in column (2) of Schedule II, which is equal to or more than the threshold quantity specified in the entry for that chemical in column (3) thereof. (4) Rules 9 to 12 and 14 shall apply to an isolated storage which involves a quantity of hazardous chemical listed in column (2) of Schedule II which is equal to or more than the threshold quantity specified in the entry for that chemical in column (4) thereof. ### 8. Notification of Sites. (1) An occupier shall not undertake any industrial activity or isolated storage unless he has notified in a written report to the Chief Inspector containing particulars specified in Scheduled VII atleast 90 (ninety) days before commencing the activity or before such shorter time as the Chief inspector may decide for the purpose of this sub-rule. (2) An activity in which subsequently there is involved or likely to be involved, a threshed, quantity given in column (3) of Schedules II and III or, more of an additional hazardous chemical, (shall be deemed to be a different activity and shall be) notified accordingly. (3) The Chief Inspector within 60 (sixty) days from the date of the receipt of the report in accordance with sub-rule (1), above shall examine the same and on examination, if he is of the opinion that contravention of the provisions of the Act or of the rules has taken place may issue notice to the occupier for compliance of the provisions of the Act or rules so contravened. (4) Where an activity has been notified in accordance with Sub-rule (1) above and the occupier makes a change in it including an increase or decrease in the maximum quantity of hazardous chemical which is or is liable to be involved at the site or in the pipe line at the cessation of the activity, affecting the particulars specified in the report let or any subsequent report made under this rule, the occupier shall forthwith notify in a further report to the Inspector and the Chief Inspector. ### 9. Safety reports and safety Audit report. (1) Subject to the provisions of sub-rule (2) of this rule, an occupier shall not undertake any industrial activity on isolated storage (to which these rules apply) unless he has prepared a safety report on that industrial activity or isolated storage containing the information specified in Schedule VIII and has sent a copy there of to the Chief Inspector atleast 90 (ninety) days before commencing of that activity)] (2) The occupier of a factory carrying industrial activity or isolated storage shall arrange to carry out safety audit by a competent agency to be accredited by an accredition board constituted by the Ministry of Labour of Government of India in this behalf. (3) The audit under sub-rules (1) and (2) shall be carried out as under- (a) Internally once in a year by a team of suitable plant personnel; (b) externally once in two years by a competent agency duly accredited in this behalf; and (c) in the year when the external audit is carried out, internal audit need not be carried out. (4) The occupier within 30 (thirty) days of the completion of the audit, shall send a report to the Chief Inspector with regard to the implementation of the audit recommendations, if any. ### 10. Updating of safety reports under rule 9. (1) Where an occupier has made a safety report in accordance with sub-rule of rule 9, ne shall not make any modification to the industrial activity or isolated storage unless he has made a further report to take-into account those modifications and has sent a copy of the same to the Inspector and the Chief Inspector atleast 90 (ninety) days before making those modification. (2) Where an occupier has made a report in accordance with sub-rule (1) of rule 9 and that industrial activity or isolated storage is continuing, the occupier shall within three years of the date of the submission of last such report, make a further report which shall have regard in particular to new technical knowledge which has affected the particulars in the previous report relating to safety and hazard assessment and shall within 30 (thirty) days or in such longer time as the Chief Inspector may agree in writing, send a copy of such report to the Inspector and the Chief Inspector. ### 11. Requirement for further information to be sent to the Inspector and the Chief Inspector. - Where in accordance with rules 9 and 10 an occupier has sent a safety report and safety audit report related to an industrial activity or isolated storage to the Inspector and the Chief Inspector, the Inspector and the Chief inspector may, by a notice served on the occupier, require him to provide such additional information as may be specified in the notice and the occupier shall send that information to the Inspector and the Chief Inspector within 90 (ninety) days. ### 12. Preparation of on-site emergency plan by the occupier. (1) The occupier shall prepare and keep an up-to-date on-site emergency plan containing details specified in Schedule IX giving details of dealing with the major accidents on the site on which the industrial activity or isolated storage is carried on and shall furnish to the Inspector and Chief Inspector of the same which shall also include the name of the person responsible for safety on the site and the names of those who are authorised to take action in accordance with the plan in the event of an emergency. (2) The occupier shall ensure that the emergency plan prepared in accordance with sub-rule (1) above has taken into account any modification made in the industrial activity or isolated storage and that every person on the site who is concerned with the plan is informed of the relevant provisions. (3) The occupier shall prepare the emergency plan required under Sub-rule (1) above- (a) before the commencement of the industrial activity or isolated storage; and (b) within 90 (ninety) days of coming into operation of the rules in case of an existing industrial activity or isolated storage. (4) The occupier shall ensure that a mook-drill of the on-site emergency is conducted atleast once in every six months. (5) A detailed report of the mock-drill conducted under sub-rule (4) shall be made immediately available to the Inspector and the Chief Inspector. ### 13. Information to be given to persons liable to be affected by a major accident. (1) The occupier shall take appropriate steps to inform persons outside the site, who are likely to be affected by a major accident about- (a) the nature of the major accident hazard; and (b) the safety measures and the Do's and the Dont's which shall be adopted in the event of a major accident. (2) The occupier shall take steps as required under sub-rule (1) above to inform persons abut an industrial activity or isolated storage before that activity is commenced except that in respect of an existing industrial activity or isolated storage, where the occupier shall comply with the requirements of sub-rule (1) of this rule within 90 (ninety) days of coming into operation of these rules. ### 14. Disclosures of information notified under these rules. (1) Where for the purpose of evaluation, information furnished under rule 4 or rules 8 to 13 is required to be disclosed to some other persons by the Inspector or the Chief Inspector, as the case may be, that other person shall not use that information for any other purpose except for the purpose for which the information was disclosed to him/her by the Inspector or the Chief Inspector, as the case may be. (2) Before disclosing the information to some other person as required under sub-rule (1) the Inspector or the Chief Inspector, as the case may be, shall intimate that other person regarding/his her obligation not to use the information for any other purpose, and shall obtain an undertaking from him/her in this regard. I --- See rules 2 and 3 Part I – (A) Toxic Chemicals - Chemicals having the following values of acute toxicity and which owing for their physical and chemical properties are capable of producing major accident hazards : ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Sl. No. \| Toxicity \| Oral toxicity LD 50 (Mg./Kg.) \| Dermal toxicity LD 50 (Mg./Kg.) \| Inhalation toxicity LD 50 (Mg./Kg.) \| \| (1) \| (2) \| (3) \| (4) \| (5) \| \| 1 \| Extremely toxic \| <5 \| <40 \| <0.5 \| \| 2 \| Highly toxic \| >5.50 \| >40.200 \| 0.5-2.0 \| \| 3 \| Toxic \| >50-200 \| >200-1000 \| >2-10 \| (B) Flammable Chemicals : (i) Flammable gases-Gases which at 20 OC. and at standard pressure of 101-3K pa. are (a) I genizable when in a mixture of 13 per cent or less by volume with air or (b) have a flammable range with air of atleast 12 percentage, points regardless of the flammable limits. Note - Flammability should be determined by tests or by calculation in accordance with methods adopted by International standard organisation I.S.O. No.10156 of 1990 or by Bureau of India Standards I.S.I. No.1446 of 1985). (ii) extremely flammable liquids-chemicals which have flash point lower than 23 °C, and holding points less than 35 °C. (iii) very highly flammable liquids-chemicals which have a flash point lower than 23 °C and initial boiling point higher than 35 °C. (iv) highly flammable liquids-chemicals which have a flashy point lower than 60 °C. but higher than 23 °C. (v) flammable liquids-chemicals which has a flash point higher than 60 °C, but lower than 90 °C. (C) Explosives- Explosives means a solid or liquid or pyrotechnic substance for a mixture of substances or an article- (a) which is in itself capable by chemical reaction or producing gas at such a temperature and pressure and as such a speed as to cause damage to the surroundings. (b) which is designed to produce an effect by heat, light, sound, gas or a move or a combination of these as the result of non-denotative self-sustaining exothermic chemical reaction. Part II – List of Hazardous Chemicals --------------------------------------- \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Column I \| Column II \| Column I \| Column II \| \| 1. \| Accetaldehyde \| 343. \| Lead azide \| \| 2. \| Acctaic acid \| 344. \| Lead styphanate \| \| 3. \| Acceticanhydride \| 345. \| Leptophos \| \| 4. \| Acetone \| 346. \| Lenisite \| \| 5. \| Acetone cyanohydrin \| 347. \| Liquified petroleum gas \| \| 6. \| Acetone thiosemicarbazide \| 348. \| Lithium hydride \| \| 7. \| Acctonitrite \| 349. \| N-Dinitrobenzen \| \| 8. \| Acctyleng \| 350. \| Magnesium powder or ribbon \| \| 9. \| Acetylene tetra chloride \| 351. \| Malathion \| \| 10. \| Acrolein \| 352. \| Maleic anhydride \| \| 11. \| Acrylamide \| 353. \| Malononitrile \| \| 12. \| Acrylonitrile \| 354. \| Manganese Tricarbonyl cyclopentadiene \| \| 13. \| Adipenitrile \| 355. \| Mechlor ethamine \| \| 14. \| Aldicarb \| 356. \| Mephospholan \| \| 15. \| Aldrin \| 357. \| Mercuric chloride \| \| 16. \| Allyl alcohol \| 358. \| Mercuric oxide \| \| 17. \| Alylamine \| 359. \| Mercury aetata \| \| 18. \| Allylchloride \| 360. \| Mercury fulminate \| \| 19. \| Aluminium (powder) \| 361. \| Mercury methyl chloride \| \| 20. \| Aluminium acid \| 362. \| Mesitylene \| \| 21. \| Aluminium borohydride \| 363. \| Methaacrolcin diacetate \| \| 22. \| Aluminium chloride \| 364. \| Methacrylic anhydride \| \| 23. \| Aluminium fluoride \| 365. \| Methacrylonitrile \| \| 24. \| Aluminium phosphid \| 366. \| Methacryloyloxycthyl isocyanate \| \| 25. \| Amino diphenyl \| 367. \| Methanidophos \| \| 26. \| Amino pyridine \| 368. \| Methanne \| \| 27. \| Amnophenol-2 \| 369. \| Methanesulphonyl fluoride \| \| 28. \| Aminopterin \| 370. \| Methidathion \| \| 29. \| Amiton \| 371. \| Methiocarb \| \| 30. \| Amiton dialate \| 372. \| Methonyl \| \| 31. \| Ammonia \| 373. \| Methoxy ethanol (2-methylcellosolve) \| \| 32. \| Ammonium chloroplatinate \| 374. \| Methoxyethyl mercuric acetate \| \| 33. \| Ammonium nitrate \| 375. \| Methyacrylol chloride \| \| 34. \| Ammonium nitrite \| 376. \| Methyl 2-chloroacrylate \| \| 35. \| Ammonium picrate \| 377. \| methyl alcohol \| \| 36. \| Anabasine \| 378. \| Methylamine \| \| 37. \| Aniline \| 379. \| Methyl bromide (Bromomethane) \| \| 38. \| Aniline 2, 4, 6 = Trimethy] \| 380. \| Methoyl chloride \| \| 39. \| Anthraquinone \| 381. \| Methyl chloroform \| \| 40. \| Antimony pentrafluorid \| 382. \| Methyl chloroformate \| \| 41. \| Antimyein A \| 383. \| Methyl cyclohexene \| \| 42. \| ANTU \| 384. \| Methyl disulphide \| \| 43. \| Arsenic pentoxide \| 385. \| Methylethy, ketone peroxide (Cone. 60%) \| \| 44. \| Arsenic trioxide \| 386. \| Methyl formate \| \| 45. \| Aresenous trichloride \| 387. \| Methyl hydrazine \| \| 46. \| Arsine \| 388. \| Methyl isobutyl ketone \| \| 47. \| Asphalt \| 389. \| Methyl isoeyanate \| \| 48. \| Azinpho-ethyl \| 390. \| Methylisothiocyanate \| \| 49. \| Azinphos-methyl \| 391. \| Methyl mercuric dicyanamide \| \| 50. \| Bacitracin \| 392. \| Methyl Mercaptan \| \| 51. \| Barium azide \| 393. \| Methyl Methacrylate \| \| 52. \| Barium nitrate \| 394. \| Methyl phencapton \| \| 53. \| Barium nitride \| 395. \| Methyl phosponic dichloride \| \| 54. \| Benzal chloride \| 396. \| Methyl thiocyanate \| \| 55. \| Benzenamine 3-Trifluoromethyl \| 397. \| Methyl trichlorosilane \| \| 56. \| Benzene \| 398. \| Methyl vinyl ketone \| \| 57. \| Benzene sulfonyl chloride \| 399. \| Methylenebis (2-chloroanlllfie) \| \| 58. \| Benzene I (chloromethyl) -4 Nitro \| 400. \| Methylene chloride \| \| 59. \| Benzeno arsenic acid \| 401. \| Methylencbis-4, 4 (2 chloroaniline) \| \| 60. \| Benzene \| 402. \| Metolcarb \| \| 61. \| Benzidine salts \| 403. \| Mevinphos \| \| 62. \| Benzimidazole, 4, 5-Dichloro-2 (Trifluoromethyl) \| 404. \| Mezacarbate \| \| 63. \| Benzoquinon-P \| 405. \| Mitomycin C \| \| 64. \| Benzotrichloride \| 406. \| Molybdenum powder \| \| 65. \| Benzoyl chloride \| 407. \| Monocrotophos \| \| 66. \| Benzoyl peroxide \| 408. \| Morpholine \| \| 67. \| Benzyl chloride \| 409. \| Muscinol \| \| 68. \| Beryllium (Powder) \| 410. \| Mustard gas \| \| 69. \| Bicyclo (2,2,1) Heptane-2 carbonitrile \| 411. \| N-Butylacctate \| \| 70. \| Biphenyl \| 412. \| N-Butylalcohol \| \| 71. \| Bis (2-chloroethyl) sulphide \| 413. \| N-Hexane \| \| 72. \| Bis (chloromethyl) ketone \| 414. \| N. Methyl-N, 2, 4, 6-Tetranitroaniline \| \| 73. \| Bis (Tert-butyl peroxy) cyclohexane \| 415. \| Naphtha \| \| 74. \| Bis (terbutylperoxy) butane \| 416. \| Naphtha solvent \| \| 75. \| Bis (2, 4, 6-Trimitrophenylamine) \| 417. \| Naphthalene \| \| 76. \| Bis (Chloromethyl) Other \| 418. \| Naphthyl amine \| \| 77. \| Bismuth and compounds \| 419. \| Nickel carbony/nickel tetracarnolyl \| \| 78. \| Bisphenol-A \| 420. \| Nickel powder \| \| 79. \| Bitoseanate \| 421. \| Nicotine \| \| 80. \| Boron powder \| 422. \| Nicotine sulphate \| \| 81. \| Boron trichloride \| 423. \| Nitric acid \| \| 82. \| Boron trifluoride \| 424. \| Nitric oxide \| \| 83. \| Boron trifluoride Comp, with methyiether, 1:1 \| 425. \| Nitrobenzene \| \| 84. \| Bromine \| 426. \| Nitrocellulose (dry) \| \| 85. \| Bromine pentafluroride \| 427. \| Nitrochlorobenzene \| \| 86. \| Bromo chloro methane \| 428. \| Nitrocyclohexane \| \| 87. \| Bromodialone \| 429. \| Nitrogen \| \| 88. \| Butadiene \| 430. \| Nitrogen dioxide \| \| 89. \| Butane \| 431. \| Nitrogen oxide \| \| 90. \| Butanone-2 \| 432. \| Nitrogen trifluouide \| \| 91. \| Butylamine tert \| 433. \| Nitroglycerine \| \| 92. \| Butyl glycidal ether \| 434. \| Nitropropane-1 \| \| 93. \| Butyl isovalarate \| 435. \| Nitropropane-2 \| \| 94. \| Butyl peroxymaleate tert \| 436. \| Nitroso dimethyl amine \| \| 95. \| Butyl vinyl ether \| 437. \| Nonanc \| \| 96. \| Butyl-n mercaptan \| 438. \| Norbormide \| \| 97. \| C.I. Basic green \| 439. \| O-Cresol \| \| 98. \| Cadmium oxide \| 440. \| O-Nitro Toluene \| \| 99. \| Cadmium sterate \| 441. \| O-Toludine \| \| 100. \| Calcium arsenate \| 442. \| O-Xylene \| \| 101. \| Calcium carbide f \| 443. \| O/P Nitroaniline \| \| 102. \| Calcium cyanide A . \| 444. \| Oleum \| \| 103. \| Camphecholor (Toxaphene) \| 445. \| O.O. Diethyl Sethylsuph. methyl phos \| \| 104. \| Cantharidin \| 446. \| O.O. Diethyl S. propythio methyl phosdithioate. \| \| 105. \| Captan \| 447. \| O.O. Diethyl sethylsulphinylmethyl phoshorothicate. \| \| 106. \| Carbachol chirodie \| 448. \| O.O. Diethyls ethylsulphonylmethyl phospherothioate. \| \| 107. \| Carbaryl \| 449. \| O.O. Diethylse thylthiomethyl phosphorothioate. \| \| 108. \| Carbofuran (Furadan) \| 450. \| Oganorhodium complex \| \| 109. \| Carbon tetrachloride \| 451. \| Orotic acid \| \| 110. \| Carbon disulphide \| 452. \| Osmium tetroxide \| \| 111. \| Carbon monoxide \| 453. \| Oxabaia \| \| 112. \| Carbophenothion \| 454. \| Oxamyl \| \| 113. \| Carvone \| 455. \| Oxetane, 3, 3, -bis (chloromethyl) \| \| 114. \| Cellulose nitrate \| 456. \| Oxidiphenoxiarsine \| \| 115. \| Chloroacctic acid \| 457. \| Oxy disulfoton \| \| 116. \| Chlordane \| 458. \| Oxygen (liquid) \| \| 117. \| Chlorofenvinphos \| 459. \| Oxygen difluoride \| \| 118. \| Chlorinated benzene \| 460. \| Ozone \| \| 119. \| Chlorine \| 461. \| P-Mitrophenol \| \| 120. \| Chlorine oxide \| 462. \| Paraffin \| \| 121. \| Chlorine trifluoride \| 463. \| Paraoxn (Diethyl 4 Nitropheynl phosphate) \| \| 122. \| Chlormephos \| 464. \| Paraquat \| \| 123. \| Chlormequat chloride \| 465. \| Paraquat methosulphate \| \| 124. \| Chloroacctal chloride \| 466. \| Parathion \| \| 125. \| Chloroacetaldehyde \| 467. \| Parathion methyl \| \| 126. \| Chloroaniline-2 \| 468. \| Paris green \| \| 127. \| Chloroaniline-4 \| 469. \| Penta borane \| \| 128. \| Chlorobenzene \| 470. \| Penta chloro ethane \| \| 129. \| Chloroethyl chloroformate \| 471. \| Penta chlophenol \| \| 130. \| Chloroform \| 472. \| Pentabromophenol \| \| 131. \| Chloroformyl morpholine \| 473. \| Pentachioro naphthalene \| \| 132. \| Chlormethane \| 474. \| Pentadecyl-amine \| \| 133. \| Chlormethyl methylether \| 475. \| Pentacry thaiotol tetranitrate \| \| 134. \| Chloromtrobenzene \| 476. \| Pentane \| \| 135. \| Chlorophacineone \| 477. \| Pentanone \| \| 136. \| Chlorosulphenic acid \| 478. \| Perchloric acid \| \| 137. \| Chlorothiophos \| 479. \| Perchlorcethylene \| \| 138. \| Chloroxuron \| 480. \| Peroxyacertic acid \| \| 139. \| Chromic acid \| 481. \| Phenol \| \| 140. \| Chromic chloride \| 482. \| Phenol, 2, 2 - thiobis (4-6-Dichloro) \| \| 141. \| Chromium powder \| 483. \| Phenol, 2, -2 thiobis (4 chloro 6 methyl phenol) \| \| 142. \| Cobalt carbonyl \| 484. \| Phenol, 3-(1-methylethyl) methyl carbamate \| \| 143. \| Cobalt Nitrimethyidyne compound \| 485. \| Phenylhydrazine hydrochloride \| \| 144. \| Cobalt (Powder) \| 486. \| Phenyl mercury acetate \| \| 145. \| Colchicine \| 487. \| Phenyl silatrane \| \| 146. \| Copper and compounds \| 488. \| Phenyl thiourea \| \| 147. \| Copperoxychloride \| 489. \| Phenylene P. diamine \| \| 148. \| Coumafuryl \| 490. \| Phorate \| \| 149. \| Coumaphos \| 491. \| Phosazetin \| \| 150. \| Coumateriralyl \| 492. \| Phosfolan \| \| 151. \| Crimidine \| 493. \| Phosgene \| \| 152. \| Crotenaldehyde \| 494. \| Phosmet \| \| 153. \| Crotonaldehyde \| 495. \| Phosphamidon \| \| 154. \| Cumene \| 496. \| Phosphine \| \| 155. \| Cyanogen bromide \| 497. \| Phosphoric acid \| \| 156. \| Cyanogeniodide \| 498. \| Phospheric acid dimethyl (4-methithiophenyl). \| \| 157. \| Cyanophos \| 499. \| Phosphorothioic acid dimethyl S (2-Bis) Ester. \| \| 158. \| Cyanothoate \| 500. \| Phosphorothioic acid methyl (ester) \| \| 159. \| Cyanyric fluoride \| 501. \| Phosphorothioic acid O Dimethyl S-(2-methyl). \| \| 160. \| Cyclohexylymine \| 502. \| Phosphorothioic, methyl-ethyl ester \| \| 161. \| Cyclohexane \| 503. \| Phosphorous \| \| 162. \| Cyclohexanone \| 504. \| Phosphorous oxychloride \| \| 163. \| Cycloheximide \| 505. \| Phosphorous Pentaoxide \| \| 164. \| Cyclopentadiene \| 506. \| Phosphorous trichoride \| \| 165. \| Cylopentane \| 507. \| Phosphorous Penta chloride \| \| 166. \| Cyclotetramethylenetetranit-ramine \| 508. \| Phthalic anhydride \| \| 167. \| Cyclotrimethylenetrinnit-ranine \| 509. \| Phylloqurnone \| \| 168. \| Cypermerthrin \| 510. \| Physostignine \| \| 169. \| DDT \| 511. \| Physostignine silicylate (1.1.) \| \| 170. \| Decaborane(1:4) \| 512. \| Pieric acid (2-4, 6-trinitrophenol) \| \| 171. \| Demeton \| 513. \| Picrotoxin \| \| 172. \| Demeton S. Methyl \| 514. \| Piperbine \| \| 173. \| Di-n-propyl propyl peroxydicarbonate (Cone = 80%) \| 515. \| Piprotal \| \| 174. \| Dialifos \| 516. \| Pirtnifos-ethyl \| \| 175. \| Diazodinitrophenol \| 517. \| Platinous chloride \| \| 176. \| Dihenzyl peroxy dicarbonate (Cone>90%) \| 518. \| Plantinum tertrachloride \| \| 177. \| Diborane \| 519. \| Potassium arsenite \| \| 178. \| Dichloroacetyiene \| 520. \| Potassium chlorate \| \| 179. \| Dichlorobenzalkonium chloride \| 521. \| Potassium cyanide \| \| 180. \| Dischloroethyl ether \| 522. \| Potassium hydroxide \| \| 181. \| Dicchloromethyl Phenylsilane \| 523. \| Potassium nitride \| \| 182. \| Dichlorophenol-2, 6 \| 524. \| Potassium nitrite \| \| 183. \| Dichlorophenol-2, 4 \| 525. \| Potassium peroxida \| \| 184. \| Dichlorophenoxy accetic acid \| 526. \| Potassium silver cyanide \| \| 185. \| Dichloropropene-2, 2 \| 527. \| Powdered metals and mixtures \| \| 186. \| Dichlorosalicylic acid-3, 5 \| 528. \| Promeoarb \| \| 187. \| Dichlorvos (DDVP) \| 529. \| Promurit \| \| 188. \| Dicrotophos \| 530. \| Propanesultone \| \| 189. \| Dicldrin \| 531. \| Propargyl alcohol \| \| 190. \| Dicpoxy butane \| 532. \| Propargyl bromide \| \| 191. \| Diethyl carbamazine citrate \| 533. \| Propen-2-chloro-1, 3-dion diacotate \| \| 192. \| Diethyl chlorophosphate \| 534. \| Propiolactone beta \| \| 193. \| Dicthyi enthanolamine \| 535. \| Propionitrile \| \| 194. \| Dicthl peroxydicarbonatex (cone = 30%) \| 536. \| Propionitrile, 3-chloro \| \| 195. \| Dicthyl phenylene diamine \| 537. \| Propiopnenone, 4-amino \| \| 196. \| Dicthylamine \| 538. \| Propylene Chloroformate \| \| 197. \| Dichtylene glycol \| 539. \| Propylene dichloride \| \| 198. \| Diclyone glocol dinitrate \| 540. \| Propylene glycol, allylether \| \| 199. \| Dicthylene triamine \| 541. \| Propylene imine \| \| 200. \| Dicthloneglycol butyi ether \| 542. \| Propylene oxide \| \| 201. \| Diglycidyl ether \| 543. \| Prothoate \| \| 202. \| Digitoxin \| 544. \| Peseudocumene \| \| 203. \| Dihydroperoxypropane (Con.>30%) \| 545. \| Pyrozoxon \| \| 204. \| Dilsobutyl peroxide \| 546. \| Pyrene \| \| 205. \| Dimefox \| 547. \| Pyridine \| \| 206. \| Dimethoate \| 548. \| Pyrudine, 2-methyl-3-vinyl \| \| 207. \| Dimethyl dichlorosilane \| 549. \| Pyridine, 4-nitro-l-oxide \| \| 208. \| Dimethyl hydrazine \| 550. \| Pyridine, 4-nitro-l-oxide \| \| 209. \| Dimethyl nitrosoamine \| 551. \| Pyriminil \| \| 210. \| Dimethyl P phenylene diamine \| 552. \| Quinaliphos \| \| 211. \| Dimethyl phosphoramidi cyanidic acid (TABUM) \| 553. \| Quinone \| \| 212. \| Dimethl Pho phorochloridothioate \| 554. \| Rhydium trichloride \| \| 213. \| Dimethyl sufolane (DMS) \| 555. \| Salcomine \| \| 214. \| Dimethyl sulphide \| 556. \| Sarine \| \| 215. \| Dimethylamine \| 557. \| Selenious acid \| \| 216. \| Dimethylaniline \| 558. \| Selenium Hexafluoride \| \| 217. \| Dimethylcarbonyl chloride \| 559. \| Selenum oxychloride \| \| 218. \| Dimetilan \| 560. \| Semicarbazide hydrochloride \| \| 219. \| Dinitro O-cresol \| 561. \| Sillane (4-amino butyl), diethyxymeth \| \| 220. \| Dinitrophenol \| 562. \| Sodium \| \| 221. \| Dinitrotoluene \| 563. \| Sodium anthra-quinononc-1-sulphonato \| \| 222. \| Dinoseb \| 564. \| Sodium arsenate \| \| 223. \| Dinoterb \| 565. \| Sodium arsenite \| \| 224. \| Dioxane-p \| 566. \| Sodium azide \| \| 225. \| Dioxathion \| 567. \| Sodium cacodylato \| \| 226. \| Dioxine N \| 568. \| Sodium chlorate \| \| 227. \| Diphacinone \| 569. \| Sodium cyanide \| \| 228. \| Diphosphoramide octamethyl \| 570. \| Sodium fluro-acctate \| \| 229. \| Diphenyl methane de-isocynate (MDI) \| 571. \| Sodium hydroxide \| \| 230. \| Dipropylene Glycol Butylether \| 572. \| Sodium pentachloro-phenate \| \| 231. \| Dipropylene glycolmethyleter \| 573. \| Sodium picramate \| \| 232. \| Disee-butyl peroxydicarbonate (Cone. 80%). \| 574. \| Sodium selenate \| \| 233. \| Disufoton \| 575. \| Sodium solenite \| \| 234. \| Dithiazamne redide \| 576. \| Sodium sulphide \| \| 235. \| Dithiobiurate \| 577. \| Sodium tellorite \| \| 236. \| Endosulfan \| 578. \| Stannane aceloxy triphenyl \| \| 237. \| Endothion \| 579. \| Stibine (Antimony hydride) \| \| 238. \| Endrin \| 580. \| Strychine \| \| 239. \| Epichlorohydrine \| 581. \| Strychine sulphate \| \| 240. \| E. P. N. \| 582. \| Styphinic acid (2-4, 6-trinitroresorcinol) \| \| 241. \| Ergocalciferol \| 583. \| Stryne \| \| 242. \| Erogotamine tartarate \| 584. \| Sulphotec \| \| 243. \| Ethanesulfenyl chloride, 2 chloro \| 585. \| Sulphoxide, 3-chloropropyloctyl \| \| 244. \| Ethanol 1-2 dichloracetate \| 586. \| Sulphur dichlaride \| \| 245. \| Ethion \| 587. \| Sulphur dioxide \| \| 246. \| Ethoprophos \| 588. \| Sulpher monochloride \| \| 247. \| Ethyl acetate \| 589. \| Sulphur tetrufluoride \| \| 248. \| Ethyl alcohol \| 590. \| Sulphur trioxide \| \| 249. \| Ethyl benzene \| 591. \| Sulphuric acid \| \| 250. \| Ethyl bisamine \| 592. \| Tellurium (powder) \| \| 251. \| Ethyl bromide \| 593. \| Tellurium hexoffuoride \| \| 252. \| Ethyl carbamate \| 594. \| TEPP (Tetracthylpyrophosphate) \| \| 253. \| Ethyl ether \| 595. \| Terbufos \| \| 254. \| Ethyl hexanol-2 \| 596. \| Tert-Butyl alcohol \| \| 255. \| Ethyl mercaptan \| 597. \| Tert-Butylperoxy carbonate \| \| 256. \| Ethyl mercuric phosphate \| 598. \| Tert-Butylperoxy isopropyl \| \| 257. \| Ethyl methacrylate \| 599. \| Tert-Butylperoxyncetate (Cone 70%) \| \| 258. \| Ethyl nitrate \| 600. \| Tert-Butylperoxypi valate (Cone.+77%) \| \| 259. \| Ethyl thiocyanate \| 601. \| Tert-Butyperoxylso-butyrate \| \| 260. \| Ethylamine \| 602. \| Terta hydrofuram \| \| 261. \| Ethylene \| 603. \| Terta methyl lead \| \| 262. \| Ethylene chlorohydrine \| 604. \| Tetra nitromethane \| \| 263. \| Ethylene dibromide \| 605. \| Terta-chlorodibenzo-p-dioxin, 1, 2, 3, 7, 8 (TCDD) . \| \| 264. \| Ethylene diamine \| 606. \| Tetraethyllead \| \| 265. \| Ethylene diamine hydrochloride \| 607. \| Tert-fluoriethyne \| \| 266. \| Ethylene flourohydrine \| 608. \| Tetramethylene disulphoteramine \| \| 267. \| Ethylene glycol \| 609. \| Thallic oxide \| \| 268. \| Ethylene gyecol dinitrate \| 610. \| Thallium carbonate \| \| 269. \| Ethylene oxid \| 611. \| Thallium sulphate \| \| 270. \| Ethylenimine \| 612. \| Thallous chloride \| \| 271. \| Ethylene dichloride \| 613. \| Thallous maionate \| \| 272. \| Femamiphos \| 614. \| Thallous sulphate \| \| 273. \| Femitrothion \| 615. \| Thiocarbazide \| \| 274. \| Fensulphothion \| 616. \| Thiocynamicacid, 2-(Benzothiazolythio) methyl. \| \| 275. \| Flumetil \| 617. \| Thiotamox \| \| 276. \| Fluorine \| 618. \| Thiometon \| \| 277. \| Flouro 2-bydroxy butyric acid amid salt ester. \| 619. \| Thionazin \| \| 278. \| Fluoraccitamide \| 620. \| Thionyl chloride \| \| 279. \| Fluoraacetic acid amide salts and caters \| 621. \| Thiophenol \| \| 280. \| Fluoroacetylchloride \| 622. \| Thiosemicarbazide \| \| 281. \| Fluorobutyric acid amide salt esters \| 623. \| Thiourea (2-choloro-pheny) \| \| 282. \| Fluorocrotonic acid amides salts esters \| 624. \| Thiourea (2-methylphenyl) \| \| 283. \| Fluorouracil \| 625. \| Tirpate (2, 4, -dimethyl-1-3-di-thiolone) \| \| 284. \| Fonofos \| 626. \| Titanium powder \| \| 285. \| Formaidchyde \| 627. \| Titanium tetra-chloride \| \| 286. \| Formtanate hydrochloride \| 628. \| Tolueno \| \| 287. \| Formic acid \| 629. \| Toluene 2, 4, -di isocyanate \| \| 288. \| Formoparanate \| 630. \| Tolune 2, 6-di isodyanate \| \| 289. \| Formothion \| 631. \| Trans-1, 4-di chloro-butene \| \| 290. \| Fosthiotan \| 632. \| Tri nitro anisole \| \| 291. \| Fuberidazole \| 633. \| Tri (Cyclohexyl) mothylstannyl 1, 2, 4 trinzole \| \| 292. \| Furan \| 634. \| Tri (Cylohexyl) stanyl-III-1, 2, 3, -triazole \| \| 293. \| Gallium Trichloride \| 635. \| Triaminotrinitrobenzene \| \| 294. \| Glyconitrile (Hydroxyacetonitrile) \| 636. \| Triamphos \| \| 295. \| Guanyl-4-nitrosaminoguynyl-1-tetrazene \| 637. \| Triazophos \| \| 296. \| Heptachlor \| 638. \| Tribromophenol 2, 4, 6 \| \| 297. \| Hexa methyl terta-oxyacyclononate (Con. 75%) \| 639. \| Trichloro napthalene \| \| 298. \| Hexechlorobenzene \| 640. \| Trichloro chloromethyl silane \| \| 299. \| Hexachlorocyclohexan (Liudane) \| 641. \| Trichloroacetylchloride \| \| 300. \| Hexachlorocyclopenthdiene \| 642. \| Trichlorodichlorophenyl silane \| \| 301. \| Hexachlorodibenzo-p-dioxin \| 643. \| Trichloroctbyl silane \| \| 302. \| Hexachioronnapthalene \| 644. \| Trichloroethylene \| \| 303. \| Hexafluoropropanone sesquihydrate \| 645. \| Trichloromethane sulphonyl chloride \| \| 304. \| Hexamethyl phosphoromide \| 646. \| Trichloronate \| \| 305. \| Hexamethylene diamine N N dibutyl \| 647. \| Trichlorophenol 2, 3, 6 \| \| 306. \| Hexane \| 648. \| Trichlorophenol 2, 4, 5 \| \| 307. \| Hexanitrostilbene 2 2 4 4 6 6 \| 649. \| Trichloro Phenylsilane \| \| 308. \| Hexene \| 650. \| Trichlorophon \| \| 309. \| Hydrogen selenide \| 651. \| Trioxysilane \| \| 310. \| Hydrogen sulphide \| 652. \| Triethylamine \| \| 311. \| Hydrazine \| 653. \| Triethylene melamine \| \| 312. \| Hydrazine nitrate \| 654. \| Trimethyl chlorosilane \| \| 313. \| Hydrochloric acid (gas) \| 655. \| Trimothyl propane phosphite \| \| 314. \| Hydrogen \| 656. \| Trimethyl tin chloride \| \| 315. \| Hydrogen bromide \| 657. \| Trinitroanilne \| \| 316. \| Hydrogen cyanide \| 658. \| Trinitro benzene \| \| 317. \| Hydrogen fluoride \| 659. \| Trinitro benzoic acid \| \| 318. \| Hydrogen peroxide \| 660. \| Trinitro phenetole \| \| 319. \| Hydroquinone \| 661. \| Trinitro-m-cresol \| \| 320. \| Indene \| 662. \| Trinitrotolune \| \| 321. \| Indium powder \| 663. \| Triothocrecyl phosphate \| \| 322. \| Indomethacin \| 664. \| Triphenyl tin chloride \| \| 323. \| Iodine \| 665. \| Tris (2-chloroethyl) amine \| \| 324. \| Iridium tetrachloride \| 666. \| Turpentine \| \| 325. \| Ironpentacarbonyl \| 667. \| Uranium and its compounds \| \| 326. \| Iso benzan \| 668. \| Valino mycin \| \| 327. \| Isoamyl alcohol \| 669. \| Vanadiumpentaoxide \| \| 328. \| Isobutylacohol \| 670. \| Vinyl acetate mononer \| \| 329. \| Isobutyro nitrile \| 671. \| Vinyl bromide \| \| 330. \| Isocyanic acid 34-dichlorophenyl ester \| 672. \| Vinyl chloride \| \| 331. \| Isodrin \| 673. \| Vinyl cyclohexane dioxide \| \| 332. \| IsofluoroPhophate \| 674. \| Vinyl floride \| \| 333. \| Isophrone dilisocyanate \| 675. \| Vinyl norbornene \| \| 334. \| Isopropyl alcohol \| 676. \| Vinyl tolune \| \| 335. \| Isopropyl chlorocarbonate \| 677. \| Vinyledeno chloride \| \| 336. \| Isopropyl formate \| 678. \| Warfarin \| \| 337. \| Isopropyl methyl pyrozolyl dimeihyl carbamate \| 679. \| Warfarin Sodium \| \| 338. \| Juglone (5-Hydroxy Napthalene-1, 4 dione) \| 680. \| Xylene dichloride \| \| 339. \| Kotene \| 681. \| Xylidine \| \| 340. \| Lactonitrile \| 682. \| Zinc dichloropentnnitrile \| \| 341. \| Lead arsenite \| 683. \| Zinc phosphide \| \| 342. \| Lead at high temp, (molten) \| 684. \| Zirconium & compounds \| II ---- [See sub-rules (3) and (4) of rule 7 and sub-rule (2) of rule 8] (a) The threshold quantities set-out below relate to each installations belonging to the same occupier where the distance between installations is not sufficient to avoid in foresuable circumstances, any aggrevation of major accident hazards. These threshold quantities apply in any case to each group of installations belonging to the same occupier where the distance between the installations is less than 500 metres. (b) For the purpose of determining the threshold quantity of a hazardous chemical at an isolated storage, account shall also be taken of any hazardous chemical which is- (i) in that part of any pipeline under the control of the occupier having control of the site, which is within 500 metres of that site and connected to it; (ii) at any other site under the control of the same occupier any part of the boundary of which is within 500 metres of the said site; and (iii) in any vehicle, vessel, aircraft or hovercraft the control of the same occupier which is used for storage purpose either at the site or within 500 metres of it. But no account shall be taken if any hazardous chemical which is in a vehicle, vessel, aircraft or hovercraft used for transporting it. \| \| \| \| \| --- \| --- \| --- \| \| Sl. No. \| Chemicals \| Threshold quantities (tonnes) \| \| For application of Rules 4, 5, 7 to 9 and 13 to 15 \| For application of Rules 10 to 12 \| \| (1) \| (2) \| (3) \| (4) \| \| 1 \| Acrylonitrile \| 350.000 \| 5,000.000 \| \| 2 \| Ammonia \| 60.000 \| 600.000 \| \| 3 \| Ammonium nitrate (a) \| 350.000 \| 2,500.000 \| \| 4 \| Ammonium nitrate fertilizers (b) \| 1,250.000 \| 10,000.000 \| \| 5 \| Chlorine \| 10.000 \| 25.000 \| \| 6 \| Flammable gasses as defined in Schedule 1, Paragraph (b) (i) \| 50.000 \| 3,000.000 \| \| 7 \| Extremely flammable liquids as defined in Schedule 1, Paragraph (b) (ii) \| 5,000.000 \| 50,000.000 \| \| 8 \| Liquid oxygen \| 2,000.000 \| 2,000.000 \| \| 9 \| Sodium chlorate \| 25.000 \| 250.000 \| \| 10 \| Sulphur dioxide \| 20.000 \| 500.000 \| \| 11 \| Sulphur trioxide \| 15.000 \| 100.000 \| \| 12 \| Carbonyl chloride \| 0.750 \| 0.750 \| \| 13 \| Hydrogen sulphide \| 5.000 \| 50.000 \| \| 14 \| Hydrogen fluoride \| 5.000 \| 50.000 \| \| 15 \| Hydrogen cyanide \| 5.000 \| 20.000 \| \| 16 \| Carbon disulphide \| 20.000 \| 200.000 \| \| 17 \| Uromine \| 50.000 \| 500.000 \| \| 18 \| Ethylene oxide \| 5.000 \| 501.000 \| \| 19 \| Propylene oxide \| 5.000 \| 50.000 \| \| 20 \| 2-Propenal (Acrolein) \| 20.000 \| 200.000 \| \| 21 \| Bromomethane (methyl bromide) \| 20.000 \| 200.000 \| \| 22 \| Methyl Inocyanate \| 0.150 \| 0.150 \| \| 23 \| Tetraethyllead or tetramethyl lead \| 5.000 \| 50.000 \| \| 24 \| 1, 2 Dibromocthane (Ethylene dibromide) \| 5.000 \| 25.000 \| \| 25 \| Hydrogen chloride (liquified gas) \| 50.000 \| 250.000 \| \| 26 \| Diphenyl methane di-isocyanate (HDI) \| 20.000 \| 200.000 \| \| 27 \| Tolune di-sioncynate (TDI) \| 10.000 \| 100.000 \| \| 28 \| Very highly flammable liquids as defined in Schedule of paragraph (b) (iii) \| 7,000.000 \| 7,000.000 \| \| 29 \| Highly flammable liquids as defined in Schedule I, paragraph (b) (ii) \| 10,000.000 \| 10,000.000 \| \| 30 \| Flammable liquids as defined in Schedule I, paragraph (b) (V) \| 15,000.000 \| 1,00.000.000 \| Foot notes- (a) This applies to ammonium nitrate and mixture of ammonium nitrate where the nitrogen content derived from the ammonium nitrate is greater than 20 per cent by weight and to aqueous solutions of ammonium nitrate where the concentration of ammonium nitrate is greater than 90 per cent by weight. (b) This applies to straight ammonium nitrate fertilizer and to compound fertilizers where the nitrogen content derived from the ammonium nitrate is greater than 28 per cent by weight (A compound-fertilizer contains ammonium nitrate together with phosphata and/or potash). III ----- [See sub-rule (1) of Rule 7 and sub-rule (2) of Rule 8] (a) The quantities set-out below relate to each installation of group of installations belonging to the same occupier where the distance between the installation is not sufficient to avoid, in forceable circumstances, any aggravation of major accident hazards. These quantities apply in any case to each group of installations belonging to the same occupier where the distance between the installations is less than 500 metres. (b) For the purpose of determining the threshold quantity of hazardous chemical in an industrial installation, account shall also be taken of any. hazardous chemicals which is- (i) in that part of any pipe line under the control of the occupier having control of the site which is within 500 metres of that site and connected to it; (ii) at any other site under the control of the same occupier any part of the boundary of which is within 500 metres of the said site; and (iii) in any vehicle, vessel, aircraft or hovercraft under the control of the same occupier which is used for storage purpose either at the site or within 500 meters of its. But no account shall be taken of any hazardous chemical which is in a vehicle, vessel, aircraft or hovercraft used for transporting it. III ----- Part 1 – Named Chemicals -------------------------- \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Sl. No. \| Chemical \| Threshold Quantity \| CAS Number \| \| For application of Rules 5, 7, 8 and 13 and 15 \| For application of Rules 10 to 12 \| \| (1) \| (2) \| (3) \| (4) \| (5) \| \| \| GROUP 1 TOXIC CHEMICALS \| \| \| \| \| 1 \| Adicarb \| 100 Kg. \| ... \| 116-06-3 \| \| 2 \| 4-Aminodiphenyl \| 1 Kg. \| ... \| 96-67-1 \| \| 3 \| Amiton \| 1 Kg. \| ... \| 78-53-5 \| \| 4 \| Anabasine \| 100 Kg. \| ... \| 494-52-0 \| \| 5 \| Ardanic pentoxide, Arsenic (V) acid & salts \| 500 Kg \| ... \| ... \| \| 6 \| Arsenic trioxide, Arsenious (III) acid & salts. \| 100 Kg \| ... \| ... \| \| 7 \| Arsine (Aresnic hydride) \| 10 Kg. \| ... \| 7784-42-1 \| \| 8 \| Azinphos-ethyl \| 100 Kg. \| ... \| 2642-71-9 \| \| 9 \| Azinphos-methyl \| 100 Kg. \| ... \| 86-50-0 \| \| 10 \| Benzidine \| 1 Kg. \| ... \| 92-87-5 \| \| 11 \| Benzidine salts \| 1 Kg. \| ... \| 92-87-5 \| \| 12 \| Beryllium (powders compounds) \| 10 Kg. \| ... \| ... \| \| 13 \| Bis (2-chloroethyl) sulphide \| 1 Kg. \| ... \| 505-60-2 \| \| 14 \| Bis (Chloromethyl) ether \| 1 Kg. \| ... \| 542-88-1 \| \| 15 \| Carbofuran \| 100 Kg. \| ... \| 1563-66-2 \| \| 16 \| Carbophenothion \| 100 Kg. \| ... \| 786-19-6 \| \| 17 \| Chlorfenvinphos \| 100 Kg. \| ... \| 470-90-6 \| \| 18 \| 4-(Chloroformyl) morpholine \| 1 Kg. \| ... \| 15159-40-7 \| \| 19 \| Chloromethyl methyl ether \| 1 Kg. \| ... \| 107-30-2 \| \| 20 \| Crbalt (Metal, oxides, carbonates, sulphides as powders). \| 1 t. \| ... \| ... \| \| 21 \| Crimidine \| 100 Kg. \| ... \| 535-89-7 \| \| 22 \| Cyanthoste \| 100 Kg. \| ... \| 3734-95-0 \| \| 23 \| Cycloheximide \| 100 Kg. \| ... \| 66-81-9 \| \| 24 \| Demeton \| 100 Kg. \| ... \| 8065-48-3 \| \| 25 \| Dialifos \| 100 Kg. \| ... \| 10311-84-9 \| \| 26 \| 00-Diethyl Sethylsulphinyl methyl phosphorothioate. \| 100 Kg. \| ... \| 60-81-9 \| \| 27 \| 00-Diethyl S-ethylsulphonyl methyl phosphosphorothioate. \| 100 Kg. \| ... \| 2588-05-8 \| \| 28 \| 00-Diethyl S-isopropylthio methyl phosphorodithioate. \| 100 Kg. \| ... \| 2600-69-3 \| \| 29 \| 00-Diethyl S-isopropylthio methyl phosphorodithioate \| 100 Kg. \| ... \| 78-52-4 \| \| 30 \| 00-Diethyl S-propylthiomethyl phosphorodithioate. \| 100 Kg. \| ... \| 3309-68-0 \| \| 31 \| Dimefox \| 100 Kg. \| ... \| 115-26-4 \| \| 32 \| Dimethylcarbamoyl chloride \| 1 Kg. \| ... \| 79-44-7 \| \| 33 \| Dimethylnitrosamine \| 1 Kg. \| ... \| 62-75-9 \| \| 34 \| Dimethyl phosphoramido cyanidic acid \| 1 t. \| ... \| 63917-41-9 \| \| 35 \| Diphacinone \| 100 Kg. \| ... \| 82-66-6 \| \| 36 \| Disulfoton \| 100 Kg. \| ... \| 298-04-4 \| \| 37 \| EPN \| 100 Kg. \| ... \| 2104-64-5 \| \| 38 \| Ethion \| 100 Kg. \| ... \| 563-12-2 \| \| 39 \| Fensulfothion \| 100 Kg. \| ... \| 115-90-2 \| \| 40 \| Fluenetil \| 100 Kg. \| ... \| 4301-50-2 \| \| 41 \| Fluoroacetic acid \| 1 Kg. \| ... \| 144-49-0 \| \| 42 \| Flouroacetic acid, salts \| 1 Kg. \| ... \| ... \| \| 43 \| Fluoroacetic acid, esters \| 1 Kg. \| ... \| ... \| \| 44 \| Fluoroacetic acid, amides \| 1 Kg. \| ... \| ... \| \| 45 \| 4-Fluorobutyric acid \| 1 Kg. \| ... \| 462-23-7 \| \| 46 \| 4-Fluorobutyric acid, salts \| 1 Kg. \| ... \| ... \| \| 47 \| 4-Fluorobutyric acid, esters \| 1 Kg. \| ... \| ... \| \| 48 \| 4-Fluorobutyric acid, amides. \| 1 Kg. \| ... \| ... \| \| 49 \| 4-Fluorocrotonic acid \| 1 Kg. \| ... \| 37759-72-1 \| \| 50 \| 4-Fluorocrotonic acid, salts \| 1 Kg. \| ... \| ... \| \| 51 \| 4-Flurocrotonic acid, esters \| 1 Kg. \| ... \| ... \| \| 52 \| 4-Flurocrotonic acid, amides \| 1 Kg. \| ... \| ... \| \| 53 \| 4-Fluoro-2-hydroxybutyric acid \| 1 Kg. \| ... \| ... \| \| 54 \| 4-Fluoro-2-hydroxybutyric acid, salts \| 1 Kg. \| ... \| ... \| \| 55 \| 4-Fluoro-2 hydroxybutryic acid, esters \| 1 Kg \| ... \| ... \| \| 56 \| 4-Fluoro-hydroxybutyric acid, amides \| 1 Kg. \| ... \| ... \| \| 57 \| Glycolonitrile (hydroxyacetonitrilo) \| 100 Kg \| ... \| 107-16-4 \| \| 58 \| 1, 2, 3, 7, 8, 9 -Hexachlorodibenzo-P-dixin. \| 100 Kg \| ... \| 19408-74-3 \| \| 59 \| Hexamethylphosphoramide \| 1 Kg \| ... \| 680-31-9 \| \| 60 \| Hydrogen selenide \| 10 Kg. \| ... \| 7783-07-5 \| \| 61 \| Isobenzan \| 100 Kg. \| ... \| 297-78-9 \| \| 62 \| Isodrin \| 100 Kg. \| ... \| 465-73-6 \| \| 63 \| Juglone (5-Hydroxynaph-thelene 1, 4 -dione) \| 100 Kg. \| ... \| 181-39-0 \| \| 64 \| 4, Methylenebis (2-chloroaniline) \| 10 Kg. \| ... \| 101-14-4 \| \| 65 \| Methyliscyanate \| 150 Kg. \| 150 Kg. \| 624-83-9 \| \| 66 \| Mevinphos \| 100 Kg. \| ... \| 7786-34-7 \| \| 67 \| 2-Naphthylamine \| 1 Kg \| ... \| 91-59-8 \| \| 68 \| Nickel (Metal, oxides, carbonatos sulphide, as powders) \| 1 t \| ... \| ... \| \| 69 \| Nickel tetracarbonyl \| 10 Kg. \| ... \| 13463-9-3 \| \| 70 \| Oxydisulfoton \| 100 Kg. \| ... \| 2497-07-6 \| \| 71 \| Oxygenfifluoride \| 10 Kgs \| ... \| 7783-41-7 \| \| 72 \| Paraxon (Diethyl 4 nitrophenylphosphate) \| 100 Kg \| ... \| 311-45-5 \| \| 73 \| Parathion \| 100 Kg. \| ... \| 56-38-2 \| \| 74 \| Parathion-methyl \| 100 Kg. \| ... \| 298-00-0 \| \| 75 \| Pentaborane \| 100 Kg. \| ... \| 19624-22-7 \| \| 76 \| Phoroto \| 100 Kg. \| ... \| 298-02-2 \| \| 77 \| Phosacetim \| 100 Kg. \| ... \| 4104-14-7 \| \| 78 \| Phosgene (carbonyl chloride) \| 750 Kg. \| ... \| 75-44-5 \| \| 79 \| Phosphamiden \| 100 Kg. \| ... \| 13171-21-6 \| \| 80 \| Phosphine (Hydrogenphosphide) \| 100 Kg. \| ... \| 7803-51-2 \| \| 81 \| Promurit [1-(3, 4-Dicheoropheny)-3 -trinazenethiocarb-oxamide] \| 100 Kg. \| ... \| 5836-73-7 \| \| 82 \| 1, 3-Propanesultone \| 1 Kg. \| ... \| 1120-71-4 \| \| 83 \| 1-Propen-2-chloro-1, 3-diol diacetate \| 10 Kg. \| ... \| 10118-72-6 \| \| 84 \| Pyrazoxon \| 100 Kg. \| 100 Kg. \| 108-34-9 \| \| 85 \| Selenium hexafluoride \| 10 Kg. \| ... \| 7783-79-1 \| \| 86 \| Sodium scienite \| 100 Kg. \| ... \| 10102-18-8 \| \| 87 \| Stibine (Antimony hydride) \| 100 Kg. \| ... \| 7303-52-3 \| \| 88 \| Sulfotep \| 100 Kg. \| ... \| 3689-24-5 \| \| 89 \| Sulphr dichloride \| 1t. \| ... \| 10545-99-0 \| \| 90 \| Tellurium hexafluoride \| 100 Kg. \| ... \| 7783-80-4 \| \| 91 \| TEPP \| 100 Kg. \| ... \| 107-49-3 \| \| 92 \| 2, 3, 7, 8,-Teterachlorodi-benjo-P-dioxin (TCDD) \| 1 Kg. \| ... \| 1746-01-6 \| \| 93 \| Tetramethylendisulpho-tetramine \| 1 Kg. \| ... \| 80-12-6 \| \| 94 \| Thionazin \| 100 Kg. \| ... \| 197-97-2 \| \| 95 \| Tirpate (2, 4-Dimethel-1, 3-dithiolane-2 carboxaldehyde O-methylcarbamoyloxime) \| 100 Kg. \| ... \| 24419-73-8 \| \| 96 \| Trichioromethanesulphenyl chloride \| 100 Kg. \| ... \| 594-42-3 \| \| 97 \| 1-Tri (cyclohexyl) stannyl-1H-1, 2, 4,-triazole \| 100 Kg \| ... \| 41083-11-8 \| \| 98 \| Tricthylenemelamine \| 10 Kg. \| ... \| 51-18-3 \| \| 99 \| Warfarin \| 100 Kg \| ... \| 81-81-2 \| \| \| GROUP 2-TOXIC SUBSTANCES \| \| ... \| \| \| 100 \| Acetone cyanohydrin (2- Cyanopropan-2-01) \| 200 t. \| ... \| 75-86-5 \| \| 101 \| Acrolein (2-Propenal) \| 20 t. \| ... \| 107-02-8 \| \| 102 \| Acrylonitrile \| 20 t. \| 200 t. \| 107-13-1 \| \| 103 \| Allylalochal (Propen-1-01) \| 200 t \| ... \| 107-18-6 \| \| 104 \| Allylamine \| 200 t \| ... \| 107-11-9 \| \| 105 \| Ammonia \| 50 t. \| 500 t. \| 7665-41-7 \| \| 106 \| Bromine \| 40 t. \| ... \| 7726-95-6 \| \| 107 \| Carbon disulphide \| 20 t. \| 200 t. \| 75-15-0 \| \| 108 \| Chlorine \| 10 t. \| 25 t. \| 7782-50-5 \| \| 109 \| Diphenyl methane di-socynate (MDI) \| 20 t \| ... \| 101-68-8 \| \| 110 \| Ethylene diteromide (1, 2-Dibronloethane) \| 5 t. \| ... \| 106-93-4 \| \| 111 \| Ethyieneeimine \| 50 t. \| ... \| 151-56-4 \| \| 112 \| Formaldehyde (concentration -90%) \| 5 t. \| ... \| 50-00-C \| \| 113 \| Hydrogen chloride (liqufied gas) \| 25 t. \| 250 t. \| 7647-01-0 \| \| 114 \| Hydrogen Cyanide \| 5 t. \| 20 t. \| 74-90-8 \| \| 115 \| Hydrogen fluoride \| 5 t. \| 50 t. \| 7664-39-3 \| \| 116 \| Hydrogen sulphide \| 5 t. \| 50 t. \| 7783-06-4 \| \| 117 \| Methyl bromide (Bromomethane) \| 20 t. \| ... \| 74-83-9 \| \| 118 \| Nitrogen oxides \| 50 t. \| ... \| 11104-93-1 \| \| 119 \| Propyleneimine \| 50 t. \| ... \| 75-55-8 \| \| 120 \| Suipher dioxide \| 20 t. \| 250 t. \| 7446-09-5 \| \| 121 \| Sulphur trioxide \| 15 t. \| 75 t. \| 7446-11-9 \| \| 122 \| Tetraethyl lead \| 5 t. \| ... \| 78-00-2 \| \| 123 \| Tetramethyl lead \| 5 t. \| ... \| 75-74-1 \| \| 124 \| Tolune di-isocyanate (TDI) \| 10 t. \| ... \| 584-84-9 \| \| \| GROUP 3-HIGHLY REACTIVE SUBSTANCES \| \| \| \| \| 125 \| Acetylene (ethyne) \| 5 t. \| ... \| 74-86-2 \| \| 126 \| a. Ammonoium nitrate (1) \| 350 t. \| 2500 t. \| 6484-52-2 \| \| \| b. Ammonium nitrate in form of fertiliser (2) \| 1250 t \| ... \| ... \| \| 127 \| 2,2-Bis (tert-butylperoxy) butane (concentration=70%) \| 5 t. \| ... \| 2167-23-9 \| \| 128 \| 1,1-Bis (tert-butylperoxy) cyclohexane (concentration=80%) \| 5 t. \| ... \| 3006-86-8 \| \| 129 \| tert-Butylperoxyacetate (concentration=70%) \| 5 t. \| ... \| 107-71-1 \| \| 130 \| tert-Butyl peroxyisobutyrate (concentration=80%) \| 5 t. \| ... \| 109-13-7 \| \| 131 \| tert-Butyl peroxy is isopropyl carbonate (concentration = 80%) \| 5t. \| ... \| 2372-21-6 \| \| 132 \| tert-Butyl peroxymaleate (concentratidn=80%) \| 5 t. \| ... \| 1931-2-0 \| \| 133 \| tert-Butyl peroxynivalate (concentration=77%) \| 50 t. \| ... \| 927-07-1 \| \| 134 \| Dibenzyl peroxydicarbonate (concentration=90%) \| 5 t. \| ... \| 2144-45-8 \| \| 135 \| Di-scc-butyl peroxydicarbonate (concentration=80%) \| 5 t. \| ... \| 19910-5-0 \| \| 136 \| Diethyl peroxydicarbonate (concentration=30%) \| 50 t. \| ... \| 14666-78-5 \| \| 137 \| 2,2-Dihydroperoxypropane (concentration=30%) \| 5 t. \| ... \| 2614-76-8 \| \| 138 \| Di-isobutyryl peroxide (concentration=50%) \| 50 t. \| ... \| 3437-84-1 \| \| 139 \| Din-propyl peroxydicarbonate (concentration =80%) \| 5 t. \| ... \| 16066-39-9 \| \| 140 \| Ethylene oxide \| 5 t. \| 50 t. \| 75-21-8 0 \| \| 141 \| Ethyl nitrate \| 50 t. \| ... \| 625-58-1 \| \| 142 \| 3, 3, 6, 6, 9, 9-Hexarnethyl-1 tetroxacy-clononenence 2, 4, 5, (concentration-75%). \| 50 t. \| ... \| 22397-33-7 \| \| 143 \| Hydrogen \| 2 t. \| 50 t. \| 1333-74-0 \| \| 144 \| Liquid oxygen \| 200 t. \| ... \| 7782-44-7 \| \| 145 \| Methyl ethyl ketone peroxide (concentration- 60%) \| 5 t. \| ... \| 1338-23-4 \| \| 146 \| Methyl isobuty ketone peroxide (concentration -60%). \| 50 t. \| ... \| 37206-20-5 \| \| 147 \| Peracetic acid (concentration-60%) \| 50 t. \| ... \| 79-21-0 \| \| 148 \| Propylene oxide \| 5 t. \| ... \| 75-56-9 \| \| 149 \| Sodium chlorate \| 25 t. \| ... \| 7775-09-9 \| \| \| GROUP 4-EXPLOSIVE SUBSTANCES \| \| ... \| \| \| 150 \| Barium azide \| 50 t. \| ... \| 18810-58-7 \| \| 151 \| Bis (2,4,6-trinitropheny) amine \| 50 t. \| ... \| 131-73-7 \| \| 152 \| Chlorotrinitrobenzene \| 50 t. \| 50 t. \| 28260-61-9 \| \| 153 \| Cellulote nitrate containing (12%6 Nitrogen) \| 50 t. \| ... \| 9004-70-0 \| \| 154 \| Cycloterramethylenctcrani-tramine \| 50 t. \| ... \| 2691-51-0 \| \| 155 \| Cyclotrimethylenctrini-tramine \| 50 t. \| ... \| 121-82-4 \| \| 156 \| Diazodinitrophenol \| 10 t. \| ... \| 7008-81-3 \| \| 157 \| Diethylene glycol dinitrate \| 10 t. \| ... \| 693-21-0 \| \| 158 \| Dinitrophenol, salts \| 50 t. \| ... \| \| \| 159 \| Ethylene glycol dinitrate \| 10 t. \| ... \| 628-96-6 \| \| 160 \| 1-Guanyl-4-nitorsa minoguannyl-1-tetrazene. \| 10 t. \| ... \| 109-27-3 \| \| 161 \| '2','2','4,'4','6,6' -Hexanitrostibene \| 50 t. \| ... \| 20062-22-0 \| \| 162 \| Hydrazine nitrate \| 50 t. \| ... \| 13464-97-6 \| \| 163 \| Lead oxide \| 50 t. \| ... \| 13424-46-9 \| \| 164 \| Lead styphnate (Lead 2, 4, 6-trinitroresor-einoxide). \| 50 t. \| ... \| 15245-44-0 \| \| 165 \| Mercury fulminate \| 10 t. \| ... \| 20820-45-5-628-86-4 \| \| 166 \| N-Methyl-N, 2,4,6-tetranitroaniline \| 50 t. \| ... \| 479-45-8 \| \| 167 \| Nitroglycerine \| 10 t. \| 10 t. \| 55-63-0 \| \| 168 \| Pentacrythritol tetranitrate \| 50 t. \| ... \| 78-11-5 \| \| 169 \| Priorio acid (2,4,6-Trinitrophenol \| 50 t. \| ... \| 88-89-1 \| \| 170 \| Sodium pleramate \| 50 t. \| ... \| 831-52-7 \| \| 171 \| Styphnic acid (2, 4, 6-Trinitroresorcinol) \| 50 t. \| ... \| 82-71-2 \| \| 172 \| 1,3,5, - Triamine-2,4,6,-trinitrobenzen \| 50 t. \| ... \| 3058-38-6 \| \| 173 \| Trinitroaniline \| 50 t. \| ... \| 26952-42-1 \| \| 174 \| 2,4,6,-Trinitroanisole \| 50 t. \| ... \| 606-35-9 \| \| 175 \| Trinitrobenzene \| 50 t. \| ... \| 25377-32-6 \| \| 176 \| Trinitrobenzoic acid \| 50 t. \| ... \| 35860-50-5 \| \| 177 \| Trinitroceresol \| 50 t. \| ... \| 28905-71-7 \| \| 178 \| 2, 4, 6,-Trinitrophenetole \| 50 t. \| ... \| 4732-14-3 \| \| 179 \| 2, 4, 6,-Trinitrophenetole \| 50 t. \| 50 t. \| 118-96-7 \| Part II – Classes of substances as defined in Part I, Schedule I and not specifically named in Part I this Schedule (tonne) . ------------------------------------------------------------------------------------------------------------------------------ \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Sl. No. \| Chemical \| Threshold Quantity (tonnes) \| CAS Number \| \| For application of Rules 5, 7, 8, 13 and 15 \| For application of Rules 10 to 12 \| \| (1) \| (2) \| (3) \| (4) \| (5) \| \| 1 \| Flammable gases \| 15 T. \| 200 T \| \| \| 2 \| Extremely flammable liquids \| 1000 T. \| 5000 T \| \| \| 3 \| Very highly flammable liquids \| 1500 T. \| 10,000 T \| \| \| 4 \| Highly flammable liquids remains liquid under pressure. \| 25 T. \| 200 T \| \| \| 5 \| Highly flammable liquids \| 2300 T. \| 20,000 T \| \| \| 6 \| Flammable liquids \| 5000 T. \| 50,000 T \| \| \| As Number (Chemical Abstracts Service Number) means the number assigned to the Chemical by the Chemical Abstract Service. \| IV ---- [See clause (c) of sub-rule (1) of Rule 2] ### 1. Factories involving in production, processing or treatment of organic or inorganic chemicals using for this purpose, among others : (a) alkylation . (b) amination by amonolysis (c) carbonylation (d) condensation (e) dehydrogenation (f) estefication (g) halogenation and manufacture of halogens (h) hydrolyis (i) oxidation (j) polymerization (k) sulphonation (l) desulphurization, manufacture and transformation of sulphur containing compounds (m) nitration and manufacture of nitrogen containing compounds (n) manufacture of phosphorous containing compounds (o) formulation of pesticides and of pharmaceutical products (p) distillation (q) extraction (r) solvation (s) mixing ### 2. Factories involving in distillation refining or other processing petroleum or petroleum products. ### 3. Factories involving in total or partial disposal of solid or liquid chemicals by incineration or chemical decomposition. ### 4. Factories involving in productibn processing or treatment of energy gases, for example, L.P.G. L.H.G., S.H.Q. ### 5. Factories involving in dry distillation of coal or lignite. ### 6. Factories involving in production of metals or non-metals by a wet process or by means of electric energy. V --- (See Rule 4) Format of a Safety Data Sheet) ### 1. IDENTITY OF MATERIAL \| \| \| \| --- \| --- \| \| Product Name \| Chemical Designation \| \| Trade Name \| \| \| Synonymus \| \| Formula \| Label Category class \| CAS Number \| UN Number \| \| Regulated identification \| Shipping Name Codes/Label \| \| HAZCHEM Code \| \| \| Hazardous waste \| \| \| \| \| Identification Number \| \| \| \| Hazardous Ingredients \| CAS Number \| \| 1. …............................................................................................................................................................. \| \| 2. …............................................................................................................................................................. \| \| 3. …............................................................................................................................................................. \| \| 4. …............................................................................................................................................................. \| ### 2. PHYSICAL AND CHEMICAL PROPERTIES \| \| \| \| \| --- \| --- \| --- \| \| Physical state : (Gas, Liquid, Solid) \| Poling point in degree C \| Vapour pressure at 35 degree C mm Hg. \| \| Appearance \| Melting/Freezing point in degree C \| Evaporation rate 30° C \| \| Odour \| Vapour Density (air-1) \| Solubility in water at 30 degree C \| \| Others \| Specific Gravity \| PH. \| \| (Corrosivity, etc.) \| Water-1 \| \| ### 3. FIRE AND EXPLOSIVE HAZARDS DATA \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Explosion/flammability \| Flash point (deg.C) \| LEL \| Autoignition Temperature degree C \| \| \| Flash point deg. C. \| UEL \| TDG Flammability (Classification) \| ### 4. REACTIVE HAZARDS \| \| \| \| \| --- \| --- \| --- \| \| Stability to \| Import Static Discharge Reactivity \| (Hazardous Composition Products) (Hazardous Decomposition Products) (Conditions to avoid). \| \| Hazardous Polymerisation \| May/may not occur \| (Conditions to avoid) \| \| Incompatibility \| (Materials to avoid) \| \| ### 5. HEALTH HAZARD DATA \| \| \| --- \| \| Routes of Entry : (Inhalation, skin, mucuous membranes and eye contact and ingestion) \| \| Effects of Exposure/Symptoms : \| \| L.D. 50 (in rat) absorption \| (Orally or percutaneous (mg/kg body weight) \| L.C.50 (in rat) (mg/1) 4 hours \| \| Permissible Exposure Limit (PEL) Threshold \| ppm \| mg/cu.m \| Short term Exposure Limit (STEL) \| ppm \| mg/cu.m \| \| Value (TLV) Limit of ACGIH \| ppm \| mg/cu.m \| Odour Threshold \| ppm \| mg/cu.m \| \| Emergency Treatment : \| \| \| \| \| \| ### 6. HAZARDS SPECIFICATION \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| NFPA Hazard signal \| Health \| Flammability \| Stability \| Special \| \| Known Hazards \| \| \| \| Combustible Liquid \| Auter Reactive Material \| Irritant \| \| Flammable Material \| Oxidiser \| Sensitizer \| \| Pyrophoric material \| Organic Peroxide \| Carcinogen \| \| Explosive Material \| Corrosive material \| Mutagen \| \| Unstable material \| Compressed Gas \| Others (specify) \| ### 7. SAFE USAGE DATA \| \| \| \| --- \| --- \| \| Ventilation \| General/Mechanical Local Exhaust \| \| Protective Equipment Required \| Eyes (specify) Respiratory (specify) Gloves (specify) Clothing (specify) Others (specify) \| \| Precautions \| Handling & Storage Others (specify) \| ### 8. EMERGENCY RESPONSE DATA \| \| \| \| --- \| --- \| \| Fire \| Fire Existing Media Special Procedure Unusual Hazards \| \| Exposure (inhalation,skin First Aid Measures and eye contact, ingection) \| \| Spills \| Steps to be taken Waste Disposal Method \| ### 9. ADDITIONAL INFORMATION ### 10. SOURCES USED \| \| \| --- \| \| Reference to books, journals, etc. \| ### 11. Manufacturer/Supplier Data \| \| \| \| --- \| --- \| \| Firms name \| Standard Packing \| \| Mailing Address \| \| \| Telephone Number \| \| \| Telex Number \| Other \| \| Telegraphic Address \| Other \| \| Contact person in emergency \| Emergency Tel. in Transit Areas \| \| Acronyms and Glossary of Terms : \| \| GAS-Chemical Abstract Service Registration Number \| \| UN Number-United Nations Number \| \| \| Emergency Action Code (EAC) , allocated by the joint committee of Brigade Operations, UK. \| \| TDC Flammability-Transport of Dangerous Goods-Flammability classification by United Nations. NFPA-National Fire Protection Association, USA LD 50 AND LC 50 represent the does in rhg/Kg. of body weight and the concentration in mg/1 for 4 hours having lethal effect on 50% of the animals (rats) treated. PEL-Permissible Exposure Limit as laid down in the statutes TLV-Threshold Limit Value as laid down by he American Conference of Governmental Industrial Hygienists, (ACG III), USA. STEL-Short-Term Exposure Limit as laid down in the statutes or by the ACG III GUIDELINES : All efforts should be made to fill in all the columns. No column should be left blank. In case certain information is not. \| VI ---- (See Rule 6) Information to be furnished regarding notification of a Major Accident Report Number................. of the particular accident. \| \| \| \| \| --- \| --- \| --- \| \| 1. \| General data- \| \| \| \| (a) \| Name of the site \| \| \| \| (b) \| Name and address of the occupier (Also state the telephone/telex number) \| \| \| \| (c) \| (i) Registration number \| \| \| \| \| (ii) Licence number (As may have been allotted under any statute applicable to the site, e.g. the Factories Act.) \| \| \| \| (d) \| (i) Nature of industrial activity (mention what is actually manufactured, stored etc.) \| \| \| \| \| (ii) National Industrial Classification 1987 at the four digit level. \| \| \| 2. \| Type of major accident Explosion......... Fire........ Emission of hazardous chemical ......... \| \| \| 3. \| Description of the major accident- \| \| \| \| (a) \| Date, shift and hour of the accident. \| \| \| \| (b) \| Department/Section and exact place where the accident took place. \| \| \| \| (c) \| The process/operation undertaken in the Department/Section where the accident took place, (Attach a flow chart, if necessary). \| \| \| \| (d) \| The circumstances of the accident and the hazardous chemical involved. \| \| \| 4. \| Emergency measures taken and measures envisaged to be taken to alleviate short term effects of the accident. \| \| \| 5. \| Causes of the major accident known. \| \| \| \| (to be specified) \| ............................. \| \| \| Not known \| ............................. \| \| \| Information will be supplied as soon as possible \| ............................. \| \| 6. \| Nature and extent of damage \| \| \| \| (a) within the establishment casualties \| .............................Killed \| \| \| \| .............................injured \| \| \| \| .............................Poisoned \| \| \| -Persons exposed to the major accident \| ............................. \| \| \| -material damage \| ............................. \| \| \| -danger is still present \| ............................. \| \| \| -danger no longer exists \| ............................. \| \| \| (b) Outside the establishment \| \| \| \| -Causalities \| .............................Killed \| \| \| \| .............................injured \| \| \| \| .............................Poisoned \| \| \| -persons exposed to the major accident \| ............................. \| \| \| -material damage \| ............................. \| \| \| -damage to environment \| ............................. \| \| \| -damage is still present \| ............................. \| \| \| -danger no longer exists \| ............................. \| \| 7. \| Data available for assessing the effects of the accident on persons and environment. \| \| \| \| Steps already taken or envisaged- \| \| \| \| (a) \| to alleviate medium or long term effects of the accident. \| \| \| \| (b) \| to prevent recurrence of similar major accident. \| \| \| \| (c) \| Any other relevant information \| \| VII ----- (See Rule 8) Information to be furnished for the notification of site Particulars to be included in a notification of site- ### 1. The name and address of the occupier making the notification. ### 2. The full Postal address of the site where the notifiable industrial activity will be carried on. ### 3. The area of the site covered by the notification and of any adjacent site which is required to be taken into account by virtue of Schedule 2 (b) and Schedule 3(b). ### 4. The date on which it is anticipated that the notificable industrial activity will commence or if it has already commenced a statement to that effect. ### 5. The name and maximum quantity liable to be on the site of each hazardous chemical for which notification is being made. ### 6. Orgnaisation structure, namely, organisation diagram for the proposed industrial activity and set up for ensuring safety and health. ### 7. Information relating to the potential for major accident, namely- (a) identification for major accident hazards : (b) the condition of events which could be significant in bringing one about; (c) a brief description of the measures taken. ### 8. Information relating to the site, namely- (a) a map of the site and its surrounding area to a scale large enough to show any features that may be significant in the assessment of the hazard or risk associated with the site; (i) area likely to be affected by the major accident (ii) population distribution in the vicinity (b) a scale plan of the site showing the location and quantity of all significant inventories of the hazardous chemicals; (c) a description of the processes or storages involving the hazardous chemicals, the maximum amount of such a hazardous chemical in the given process or storage and an indication of the condition under which it is normally held; (d) the maximum number of persons likely to be present on site. ### 9. The arrangement for training of workers and equipment necessary to ensure safety of such workers. VIII ------ (See Rule 10) Information to be furnished in a Safety Report ### 1. The Name and address of the person furnishing the information ### 2. Description of the industrial activity, namely- (a) site. (b) construction design, (c) protection zones (explosion protection separation distances) (d) accessibility of plant, (e) maximum number of persons working on the site and particularly of those person exposed to the hazard. ### 3. Description of the processes, namely- (a) technical purpose of the industrial activity, (b) basic principles of the technological process, (c) process and safety-related data individual process stages, (d) process description, (e) safety-related types of utilities, ### 4. Description of the hazardous chemicals, namely- (a) chemicals (quantities, substance data on physical and chemical properties, safety-related data on explosive limits flash-point, thermal stability, toxicological data and threshold limit values, lethal concentrations.) (b) the form in which the chemicals may occur of into which they may be transformed in the event of abnormal conditions. (c) the degree of purity of the hazardous chemical, ### 5. Information on the Preliminary Hazard Analysis, namely- (a) type of accident, (b) system element or foreseen events that can lead to a major accident (c) hazards, (d) safety-relevant components ### 6. Description of safety- relevant units, among others- (a) special design criteria, (b) controls and alarms, (c) pressure relief system, (d) quick-acting valves, (e) collecting tanks/dump tanks, (f) sprinkler systems (g) fire protection. ### 7. Information on the hazard assessment, namely- (a) identification of hazards, (b) the causes of major accidents, (c) assessment of hazards according to their occurrence frequency, (d) assessment of accident consequences, (e) safety system, (f) known accident history, ### 8. Description of information on organisational systems used to carry on industrial activity safety, namely : (a) maintenance and inspection schedules, (b) guidelines for the training of personnel (c) allocation and delegation of responsibility for plant safety, (d) implementation of safety procedures, ### 9. Information on assessment of the consequences of major accidents, namely- (a) assessment of the possible release of hazardous chemicals or of energy, (b) possible dispersion released chemicals. (c) assessment of the effects of the releases (size of the affected area, health effects, property damage). ### 10. Information on the mitigation of major accidents, namely- (a) fire brigade, (b) alarm systems (c) emergency plan containing system of organisation used to fight the emergency, the alarm and the communication routes, guide lines for fighting the emergency, examples of possible accident sequences. (d) co-ordination with the District Collector or the District Emergency Authority and its off-site emergency plan. (e) notification of the nature and scope of the hazard in the event of an accident, (f) antidotes in the event of a release of hazardous chemical IX ---- (See Rule 12) Details to be furnished in the on-site emergency plan ### 1. Name and address of the person furnishing the information. ### 2. Key personnel of the organisation and responsibilities assigned to them is case of an emergency. ### 3. Outside organisations if involved in assisting during on-site emergency- (a) type of accidents, (b) responsibility assigned ### 4. Details of liaison arrangement between the organisations ### 5. Information on the preliminary hazard analysis- (a) type of accidents, (b) system elements or events that can lead to a major accident, (c) hazards. (d) safety relevant components ### 6. Detail about the site- (a) location of dangerous substances (b) seat of key personnel. (c) emergency control room. ### 7. Description of hazardous chemicals at plant site- (a) chemical (Quantities and toxilogical data) (b) transformation if any which could occour, (c) purity of hazardous chemicals ### 8. Likely dangers to the plant ### 9. Emunerate of affects of (i) stress and strain caused during normal operation, (ii) fire and explosion inside the plant and effect if any of fire and explosion outside. ### 10. Details regarding- (i) warning alarm and safety and security system, (ii) alarm and hazard control plans in line with disaster control and hazard control planning, ensuring the necessary technical and organisational precaution. (iii) reliable measuring instruments, control units and servicing of such equipments. (iv) precaution in designing of the foundation and load bearing parts of the building, (v) continuous survilleance of operations, (vi) maintenance and prepair work according to the generally reorganised rules of good engineering practices. ### 11. Details of communication facilities available during emergency and those required for an off-site emergency. ### 12. Details of fire fighting and other facilities available and those required for an off-site emergency. ### 13. Details of first-aid and hospital services available and it adequacy] .
65b9ad5cab84c7eca86e9962	acts	UT Chandigarh - Act --------------------- The Punjab General Sales Tax (Amendment and Validation) Act, 1987 ------------------------------------------------------------------- CHANDIGARH India The Punjab General Sales Tax (Amendment and Validation) Act, 1987 =================================================================== Act 8 of 1987 --------------- * Published on 16 February 1999 * Commenced on 16 February 1999 The Punjab General Sales Tax (Amendment and Validation) Act, 1987 Punjab Act No. 8 of 1987 [Dated 16.2.1999] G.S.R. 111(E) . - In exercise of the powers conferred by section 87 of the Punjab Re-organisation Act, 1966 (31 of 1966), the Central Government hereby extends to the Union Territory of Chandigarh, the enactments specified in column (1) of the Schedule annexed hereunder, as in force in the State of Punjab on the date of this notification, subject to the modifications specified in the corresponding entries in column (2) of the said Schedule : Schedule ---------- ### 1. In section 2.- (a) for the words and figures "the Punjab General Sales Tax Act, 1948", the words and figures "the Punjab general Sales Tax Act, 1948 as in force in the Union Territory to Chandigarh" shall be substituted; (b) in clause (E) in Explanation (1) of the substituted clause (i), for the words "State of Punjab" and "Punjab" the words "Union territory of Chandigarh" and "Chandigarh" shall respectively be substituted. ### 2. In section 4, for the words "State Government", at both the places, the words, "Central Government" shall be substituted. Annexure [Received the assent of the Governor of Punjab on the 9th April, 1987] An Act to amend the Punjab General Sales Tax Act, 1948. Be it enacted by the Legislature of the State of Punjab in the Thirty-eight Year of the Republic of India as follows :- ### 1. Short title. - This Act may be called the Punjab General Sales Tax (Amendment and Validation) Act, 1987. ### 2. Amendment of section 2 of Punjab Act 46 of 1948. - In the Punjab General Sales Tax Act, 1948 (hereinafter referred to as the principal Act) in section 2 - (A) in clause (d), the following shall be inserted at the end, but before the Explanation, namely - and also includes a person engaged in the business of - (i) transfer, otherwise than in pursuance of a contract of property in any goods for cash, deferred payment or other valuable consideration. (ii) transfer of property in goods (whether as goods or in some other form) involved in the execution of works contract. (iii) delivery of goods on hire-purchase or any system of payment by instalments; (iv) transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration, and (v) supply, by way of as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink (whether or not intoxicating), where such supply or service is for cash, deferred payment or other valuable consideration; (B) for clause (c), the following clause shall be substituted, namely :- "(e) 'goods' means all kinds of movable property and goods consumed at business premises other than newspapers, actionable claims, stocks, shares or securities and includes all materials, commodities and articles including the goods (whether as goods or in some other form) involved in the execution of a works contract or those goods which are used in the fitting out, improvement or repair of movable property;" (C) in clause (ff), the following shall be inserted at the end, namely :- "and includes,- (i) transfer, otherwise than in pursuance of a contract, of property in any goods for cash, deferred payment or other valuable consideration; (ii) transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract; (iii) delivery of goods on hire-purchase of any system of payment by instalments; (iv) transferor the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration; (v) supply, by way of or part of any service or in any other manner whatsoever of goods, being food or any other article for human consumption or any drink (whether or not intoxicating) where such supply or service is for cash, deferred payment or other valuable consideration, and such transfer, delivery or supply of any goods shall be deemed to be a purchase of these goods by the person to whom such transfer, delivery or supply is made from the person by whom the transfer, delivery or supply is made;" (D) for clause (h), the following clause shall be substituted, namely :- "(h) 'sale' means any transfer of properly in goods other than goods specified in Schedule C for cash, deferred payment or other valuable consideration and includes.- (i) transfer, otherwise than in pursuance of a contract, of properly in any goods for cash, deferred payment or other valuable consideration; (ii) transfer of properly in goods (whether as goods or in some other form) involved in the execution of a works contract; (iii) delivery of goods on hire-purchase or any system of payment by instalments; (iv) transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration; (v) supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration; (vi) supply by way of or as part of any service or in any other manner, whatsoever, of goods, being food or any other article for human consumption or any drink (whether or not intoxicating) where such supply or service is for cash, deferred payment or other valuable consideration. and such transfer, delivery or supply of any goods shall be deemed to be a sale of these goods by the person making the transfer, delivery or supply to a person to whom such transfer, delivery or supply is made but docs not include a mortgage, hypothecation, charge or pledge;" (E) for clause (i), the following clause shall be substituted, namely :- "(i) 'turnover' includes the aggregate of the amounts of sales and purchases and parts of sales and purchases actually made by any dealer during the given period less any sum allowed as cash discount and trade discount according to ordinary trade practice, but including any sum charged for anything done by the dealer in respect of the goods at the time of or before, delivery thereof Explanation. - (1) The proceeds of any sale made outside the State of Punjab by a dealer, who carries on business both inside and outside Punjab shall not be included in the turnover. Explanation. - (2) The turnover of any dealer in respect of transaction of forward contract, in which goods are actually not delivered, shall not be included in the turnover. Explanation. - (3) In respect of transaction covered under sub-clause (iii) of clause (ff) and sub-clause (iii) of clause (h) the amount to be included in the turnover shall be the total sum payable by the hirer under a hire-purchase agreement in order to complete the purchase of, or the acquisition of property in the goods to which the agreement related and includes any sum as payable by the hirer under the hire-purchase agreement by way of deposit or other initial payment, or credited or to be credited to him under such agreement on account of any such deposit or payment whether that sum is to be or has been paid to owner or to any person or is to be or has been discharged by payment of money or by transfer or deliver of goods or by any other means; but does not include any sum payable as a penalty or as compensation or damages for breach of the agreement. Explanation. - (4) The amount to be included in the turnover in respect of movable goods agreed to be sold under a works contract, shall be its sale price."; after clause (l) , the following clause shall be inserted, namely :- "(m) 'works contract' includes any agreement for carrying out, for cash, deferred payment or other valuable consideration, the building, construction, manufacturing, processing, fabrication, erection, installation, fitting out improvement, modification, repairs or commissioning of any movable or immovable property.". ### 3. Amendment of Section 27 of Punjab Act 46 of 1948. - In the principal Act, in section 27, in sub-section (2) , after clause (s), the following clause shall be inserted, namely :- "(l) the determination of turnover and taxable quantum for the purposes of sub-clauses (i) to (v) of clause (ff) and (i) (iv) of clause (h) of section 2." ### 4. Retrospective effect to certain provisions, validation and exemption. (1) The provision of the principal Act relating to tax on the sale or purchase of goods shall be deemed to include, and shall be deemed always to have included, a tax (hereinafter in this section referred to as the aforesaid tax) on the supply, by way of or as part of any service or in any other manner whatsoever, of goods being food or any other article for human consumption or any drink (whether or not intoxicating) for cash, deferred payment or other valuable consideration, and every transaction by way of supply of the nature referred to above made before or after the commencement of the Constitution (Forty-sixth Amendment) Act, 1982 shall be deemed to be, and shall be deemed always to have been, a transaction by way of sale, with respect to which the person making such supply is the seller and the person to whom such supply is made, is the purchaser, and notwithstanding any judgment, decree or order of any court, tribunal or authority, no provisions of the principal Act which imposed or authorised the imposition of, or purported to impose or authorise the imposition of, the aforesaid tax shall be deemed to be invalid or ever to have been invalid, and accordingly.- (a) the aforesaid tax levied or collected or purporting to have been levied or collected under the principal Act shall be deemed always to have been validly levied or collected in accordance with law; (b) all acts, proceedings or things done or actions taken in connection with the assessment and of the aforesaid tax by any officer appointed by the State Government under the principal Act shall be and shall always be deemed to have been done or taken in accordance with law; (c) no suit or other preceding shall be maintained or continued in any court or before any tribunal or authority for the refund of, and no enforcement, shall be made by any court, tribunal or authority of any decree or order directing the refund of, any such aforesaid tax which has been collected. (d) assessment, reassessment and recoveries of aforesaid tax if not already made, shall be made in accordance with the principal Act, as amended by this Act, notwithstanding anything contained in the principal Act. (2) Notwithstandings anything contained in sub-section (1), any supply of the nature referred to therein shall be exempt from the aforesaid tax,- (a) where such supply has been made by any restaurant or eating house (by whatever name called) at any time on or after the 7th day of September, 1978 and before the commencement of the Punjab General Sales Tax (Amendment) Act, 1987 and the aforesaid tax has not been collected on such supply on the ground that no such tax could have been levied or collected at that time , or (b) where such supply, not being any such supply by any restaurant or eating house (by whatever name called), has been made at any time on or after the 4th day of January, 1972, and before such commencement and the aforesaid tax has not been collected on such supply on the ground that no such tax could have been levied or collected at that time: Provided that the burden of proving that the aforesaid tax was not collected on any supply of the nature referred to in clause (a) or, as the case may be, clause (b), shall be on the person claiming the exemption under this sub-section. (3) (a) Sub-clause (i) of each of clauses (d), (ff) and (h) of section 2 of the principal Act shall be deemed to have been substituted with effect from the 2nd day of February, 1983. (b) Notwithstanding anything contained in any judgment, decree or order of any court, tribunal, or other authority, all taxes levied or collected or purported to have been levied or collected from the said date in relation to the goods referred in the said sub-clause (i) of each of the aforesaid clauses, shall be deemed to be and to have always been validly levied or collected in accordance with law as if this provision had been in force at all material times when such tax was levied or collected and according.- (i) all acts, proceedings or things done or taken in connection with the levy or collection of such tax by the person appointed by the State Government under the principal Act shall, for all purposes, be deemed to be and to have always been validly done or taken in accordance with law; (ii) no suit or other proceedings shall be maintained or continued in any court or before any tribunal or other authority for the refund of any tax so paid; (iii) no court, tribunal or other authority shall enforce any decree or order directing the refund of any tax so paid. (4) For the removal of doubts, it is hereby declared that nothing in sub-section (i) and clause (b) of sub-section (3) shall be construed as preventing any person.- (i) front questioning in accordance with the provisions of the principal Act, the assessment, reassessment, levy or collection of the aforesaid tax: (ii) from claiming refund of the aforesaid tax paid by him in excess of the amount due from him under any such law.
65ba8df7ab84c7eca86ec0b7	acts	Union of India - Act ---------------------- The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 ---------------------------------------------------------------------------------------- UNION OF INDIA India The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 ======================================================================================== Act 27 of 1992 ---------------- * Published in Gazette 27 on 18 August 1992 * Assented to on 18 August 1992 * Commenced on 18 August 1992 The Special Court (Trial Of Offences Relating To Transactions In Securities) Act, 1992 [18th August, 1992] ACT NO. 27 of 1992 An Act to provide for the establishment of a Special Court for the trial of offences relating to transactions in securities and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Forty-third Year of the Republic of India as follows:— ### 1. Short title and commencement.— (1) This Act may be called the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992. (2) It shall be deemed to have come into force on the 6th day of June, 1992. ### 2. Definitions.— In this Act, unless the context otherwise requires,— (a) “Code” means the Code of Criminal Procedure, 1973 (2 of 1974); (b) “Custodian” means the Custodian appointed under sub-section (1) of section 3; (c) “securities” includes— (i) shares, scrips, stocks, bonds, debentures, debenture stock, units of the Unit Trust of India or any other mutual fund or other marketable securities of a like nature in or of any incorporated company or other body corporate; (ii) Government securities; and (iii) rights or interests in securities; (d) “Special Court” means the Special Court established under sub-section (1) of section 5. ### 3. Appointment and functions of Custodian.— (1) The Central Government may appoint one or more Custodians as it may deem fit for the purposes of this Act. (2) The Custodian may, on being satisfied on information received that any person has been involved in any offence relating to transactions in securities after the 1st day of April, 1991 and on and before the 6th June, 1992 notify the name of such person in the Official Gazette. (3) Notwithstanding anything contained in the Code and any other law for the time being in force, on and from the date of notification under sub-section (2), any property, movable or immovable, or both, belonging to any person notified under that sub-section shall stand attached simultaneously with the issue of the notification. (4) The property attached under sub-section (3) shall be dealt with by the Custodian in such manner as the Special Court may direct. (5) The Custodian may take assistance of any person while exercising his powers or for discharging his duties under this section and section 4. ### 4. Contracts entered into fraudulently may be cancelled.— (1) If the Custodian is satisfied, after such inquiry as he may think fit, that any contract or agreement entered into at any time after the 1st day of April, 1991 and on and before the 6th June, 1992 in relation to any property of the person notified under sub-section (2) of section 3 has been entered into fraudulently or to defeat the provisions of this Act, he may cancel such contract or agreement and on such cancellation such property shall stand attached under this Act: Provided that no contract or agreement shall be cancelled except after giving to the parties to the contract or agreement a reasonable opportunity of being heard. (2) Any person aggrieved by a notification issued under sub-section (2) of section 3 or any cancellation made under sub-section (1) of section 4 or any other order made by the Custodian in exercise of the powers conferred on him under sections 3 or 4 may file a petition objecting to the same within thirty days of the assent to the Special Court (Trial of Offences Relating to Transactions in Securities) Bill, 1992 by the President before the Special Court where such notification, cancellation or order has been issued before the date of assent to the Special Court (Trial of Offences Relating to Transactions in Securities) Bill, 1992 by the President and where such notification, cancellation or order has been issued on or after that date, within thirty days of the issuance of such notification, cancellation or order, as the case may be; and the Special Court after hearing the parties, may make such order as it deems fit. ### 5. Establishment of Special Court.— (1) The Central Government shall, by notification in the Official Gazette, establish a Court to be called the Special Court. (2) The Special Court shall consist of one or more sitting Judges of the High Court nominated by the Chief Justice of the High Court within the local limits of whose jurisdiction the Special Court is situated, with the concurrence of the Chief Justice of India. (3) When the office of a Judge of the Special Court is vacant by reason of absence or leave, the duties of the office shall be performed by such Judge of the High Court within the local limits of whose jurisdiction the Special Court is situated as the Chief Justice of that High Court may, with the concurrence of the Chief Justice of India, nominate for the purpose and the Judge so appointed shall have all the jurisdiction and powers of a Judge of the Special Court including the powers to pass final orders. ### 5A. Distribution of cases amongst Judges of Special Court.— Where the Special Court consists of two or more Judges, the Chief Justice of the High Court within the local limits of whose jurisdiction the Special Court is situated may, from time to time, by general or special order, make provisions as to the distribution of cases amongst the Judges and specify the matters which may be dealt with by each of such Judge. ### 6. Cognizance of cases by Special Court.— The Special Court shall take cognizance of or try such cases as are instituted before it or transferred to it as hereinafter provided. ### 7. Jurisdiction of Special Court.— Notwithstanding anything contained in any other law, any prosecution in respect of any offence referred to in sub-section (2) of section 3 shall be instituted only in the Special Court and any prosecution in respect of such offence pending in any court shall stand transferred to the Special Court. ### 8. Jurisdiction of Special Court as to joint trials.— The Special Court shall have jurisdiction to try any person concerned in the offence referred to in sub-section (2) of section 3 either as a principal, conspirator or abettor and all other offences and accused persons as can be jointly tried therewith at one trial in accordance with the Code. ### 9. Procedure and powers of Special Court.— (1) The Special Court shall, in the trial of such cases, follow the procedure prescribed by the Code for the trial of warrant cases before a Magistrate. (2) Save as expressly provided in this Act, the provisions of the Code shall, in so far as they are not inconsistent with the provisions of this Act, apply to the proceedings before the Special Court and for the purposes of the said provisions of the Code, the Special Court shall be deemed to be a Court of Session and shall have all the powers of a Court of Session, and the person conducting a prosecution before the Special Court shall be deemed to be a Public Prosecutor. (3) The Special Court may pass upon any person convicted by it any sentence authorised by law for the punishment of the offence of which such person is convicted. (4) While dealing with any other matter brought before it, the Special Court may adopt such procedure as it may deem fit consistent with the principles of natural justice. ### 9A. Jurisdiction, powers, authority and procedure of Special Court in civil matters.— (1) On and from the commencement of the Special Court (Trial of Offences Relating to Transactions in Securities) Amendment Act, 1994 (24 of 1994), the Special Court shall exercise all such jurisdiction, powers and authority as were exercisable, immediately before such commencement, by any civil Court in relation any by matter or claim— (a) relating to any property standing attached under sub-section (3) of section 3; (b) arising out of transactions in securities entered into after the 1st day of April, 1991, and on or before the 6th day of June, 1992, in which a person notified under sub-section (2) of section 3 is involved as a party, broker, intermediary or in any other manner. (2) Every suit, claim or other legal proceeding (other than an appeal) pending before any court immediately before the commencement of the Special Court (Trial of Offences Relating to Transactions in Securities) Amendment Act, 1994 (24 of 1994), being a suit, claim or proceeding, the cause of action whereon it is based is such that it would have been, if it had arisen after such commencement, within the jurisdiction of the Special Court under sub-section (1), shall stand transferred on such commencement to the Special Court and the Special Court may, on receipt of the records of such suit, claim or other legal proceeding, proceed to deal with it, so far as may be, in the same manner as a suit, claim or legal proceeding from the stage which was reached before such transfer or from any earlier stage or de novo as the Special Court may deem fit. (3) On and from the commencement of the Special Court (Trial of Offences Relating to Transactions in Securities) Amendment Act, 1994 (24 of 1994), no Court other than the Special Court shall have, or be entitled to exercise, any jurisdiction, power or authority in relation to any matter or claim referred to in sub-section (1). (4) While dealing with cases relating to any matter or claim under this section, the Special Court shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice, and subject to the other provisions of this Act and of any rules, the Special Court shall have power to regulate its own procedure. (5) Without prejudice to the other powers conferred under this Act, the Special Court shall have, for the purposes of discharging its functions under this section, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 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; (f) reviewing its decisions; (g) dismissing a case for default or deciding it ex parte; (h) setting aside any order of dismissal of any case for default or any order passed by it ex parte; and (i) any other matter which may be prescribed by the Central Government under sub-section (1) of section 14. ### 9B. Powers of the Special Court in arbitration matters.— (1) The Special Court shall have the jurisdiction and powers of a Court conferred under the Arbitration Act, 1940 (10 of 1940) to decide any question forming the subject-matter of a reference relating to any matter or claim mentioned in sub-section (1) of section 9A. (2) Every suit or other proceeding (other than an appeal) in relation to any matter or claim referred to in sub-section (1) of section 9A pending before any Court and governed by the Arbitration Act, 1940 (10 of 1940), immediately before the date of commencement of the Special Court (Trial of Offences Relating to Transactions in Securities) Amendment Act, 1994 (24 of 1994) shall stand transferred on that date to the Special Court. Explanation.— For the purposes of this section, the expressions “Court” and “reference” shall have respectively the same meanings as defined under clauses (c) and (e) of section 2 of the Arbitration Act, 1940 (10 of 1940). ### 10. Appeal.— (1) Notwithstanding anything in the Code or the Code of Civil Procedure, 1908 (5 of 1908) or the Arbitration Act, 1940 (10 of 1940), an appeal shall lie from any judgment, decree, sentence or order, not being interlocutory order, of the Special Court to the Supreme Court both on facts and on law. (2) Except as aforesaid, no appeal or revision shall lie to any Court from any judgment, decree, sentence or order of the Special Court. (3) Every appeal under this section shall be preferred within a period of thirty days from the date of any judgment, sentence or order of the Special Court: Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days. ### 11. Discharge of liabilities.— (1) Notwithstanding anything contained in the Code and any other law for the time being in force, the Special Court may make such order as it may deem fit directing the Custodian for the disposal of the property under attachment. (2) The following liabilities shall be paid or discharged in full, as far as may be, in the order as under:— (a) all revenues, taxes, cesses and rates due from the persons notified by the Custodian under sub-section (2) of section 3 to the Central Government or any State Government or any local authority; (b) all amounts due from the person so notified by the Custodian to any bank or financial institution or mutual fund; (c) any other liability as may be specified by the Special Court from time to time. ### 11A. Power to punish for contempt.— The Special Court shall have, and exercise, the same jurisdiction, powers and authority in respect of contempt of itself as a High Court has and may exercise and, for this purpose, the provisions of the Contempt of Courts Act, 1971, shall have effect subject to the modifications that— (a) the references therein to a High Court shall be construed as including a reference to such Special Court; (b) the references to the Advocate-General in section 15 of the said Act, shall be construed, in relation to the Special Court, as a reference to the Attorney-General or the Solicitor-General or the Additional Solicitor-General. ### 12. Protection of action taken in good faith.— (1) No suit, prosecution or other legal proceeding shall lie against the Central Government or the Custodian for anything which is in good faith done or intended to be done under this Act. (2) No suit or other legal proceeding shall lie against the Central Government or any of its officers or other employees for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act. ### 13. Act to have overriding effect.— The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law, other than this Act, or in any decree or order of any court, tribunal or other authority. ### 14. Power to make rules.— (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act. (2) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of 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. ### 15. Repeal and savings.— (1) The Special Court (Trial of Offences Relating to Transactions in Securities) Ordinance, 1992 (Ord. 10 of 1992) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of this Act.
65b938d4ab84c7eca86e8a51	acts	State of Odisha - Act ----------------------- The Orissa Kendu Leaves (Control of Trade) Act, 1961 ------------------------------------------------------ ODISHA India The Orissa Kendu Leaves (Control of Trade) Act, 1961 ====================================================== Act 28 of 1961 ---------------- * Published on 4 October 1961 * Commenced on 4 October 1961 The Orissa Kendu Leaves (Control of Trade) Act, 1961 Orissa Act 28 of 1961 For Statement of Objects and Reasons, see Orissa Gazette, Extraordinary dated 4.10.1961 (No. 682). (Assented to by the Governor on the 23th December, 1961). An Act to provide Control of Trade in Kendu Leaves. Whereas it is expedient to provide for regulation of trade in Kendu leaves by creation of State monopoly in such trade : It is hereby enacted by the Legislature of the State of Orissa in the Twelfth Year of the Republic of India, as follows : ### 1. Short title, Extent and Commencement. (1) This Act may be called the Orissa Kendu Leaves (Control of Trade) Act, 1961. (2) It extends to the whole of the State of Orissa. (3) It shall [come into force] [Came into force w.e.f. 5.1.1962 vide Notification No. 330. C. P. dated 4.1.1962 published in Orissa Gazette, Extraordinary dated 6.1.1962 (No. 5).] in any district on such date as Government may, by notification, appoint. ### 2. Definitions. - In this Act unless the context otherwise requires- (a) Agent means an agent appointed under Section 8; (b) Government means the State Government of Orissa; (c) Grama Panchayat means a Grama Panchayat constituted under the Orissa Grama Panchayat Act, 1964 (Orissa Act [1 of 1965 );] [Substituted by the Orissa Kendu Leaves (Control of Trade) (Amendment) Act 6 of 1969.] (d) Grower of Kendu leaves means any person who owns lands under a lease or otherwise; (e) Samiti means a Samiti constituted under the Orissa Panchayat Samiti Act, 1959 (Orissa Act [7 of 1960 ) ;] [Substituted by the Orissa Kendu Leaves (Control of Trade) (Amendment) Act 6 of 1969.] (f) Prescribed means prescribed by Rules under this Act; (g) Permit means a permit issued under Section 3; [\* \* \] [Omitted vide Orissa Gazette Extraordinary No. 1390 dated 19.10.2004 (w.e.f. 1.4.2001).] [(g-1) Registered grower means a permit grower of Kendu leaves who has registered himself under Section 9] [Inserted by Orissa Kendu Leaves, (Control of Trade) (Amendment) Act 6 of 1969.] ; (h) Unit means a unit constituted under Section 5 Substituted [; and] [vide Orissa Gazette Extraordinary No. 1390 dated 19.10.2004 (w.e.f. 1.4.2001).] (i) [ Zilla Parishad means a Zilla Parishad constituted under the Orissa Zilla Parishad Act, 1991.] [Inserted vide Orissa Gazette Extraordinary No. 1390 dated 19.10.2004 (w.e.f. 1.4.2001).] ### 3. Restriction on Purchase. (1) No person other than- (a) the Government; (b) an officer of Government authorised in that behalf; or (c) an agent in respect of the unit in which the leaves have grown; shall purchase or transport Kendu leaves. Explanation I - Purchase of Kendu leaves from the aforesaid Government officer or agent shall not be deemed to be a purchase in contravention of the provisions of this Act. Explanation II - A person having no interest in the land who has acquired the right to collect Kendu leaves grown, on such land shall be deemed to have purchased such leaves in contravention of the provisions of this Act. (2) Notwithstanding anything contained in Sub-section (1) - (a) a grower of Kendu leaves may transport his leaves from any place within the unit, wherein such leaves have grown to any other place in that unit; [\ \* \*] [The word and, omitted by Orissa Kendu Leaves, (Control of Trade) (Amendment) Act 6 of 1969.] . [Provided that a registered grower may also transport his leaves from any place within the unit wherein such leaves have grown to any other place outside the unit for the purpose of sale to the Government or any agent in respect of the unit authorised to purchase the same from him; and] [Inserted Orissa Kendu Leaves, (Control of Trade) (Amendment) Act 6 of 1969.] (b) leaves purchased from Government or any officer or agent specified in the said Sub-section by any person for manufacture of bidis within the State or by any person for sale outside the State may be transported by such person outside the unit under a permit to be issued in that behalf by such authority and in such manner as may be prescribed and the permit so issued shall be subject to such conditions as may be preserved. (3) Any Person desiring to sell Kendu leaves may sell them to, the aforesaid Government officer or agent at any depot situated within, the said unit. ### 4. Sale Price. (1) The Government shall, after consultation with the Advisory Committee constituted under Sub-section (2), fix the price at which Kendu leaves shall be purchased by them or by any officer or agent from growers of Kendu leaves during any year and shall publish the same in the prescribed manner not later than the 31st day of January of that year and the price so fixed shall not be altered during such year : Provided that different prices may be fixed for different units having regard to- (a) prices fixed under any law during the preceding three years in respect of the area comprised in the unit; (b) quality of the leaves grown in the unit; (c) transport facilities available in the unit; (d) the cost of transport; and (e) general level of wages for unskilled labour prevalent in the unit. (2) The Government shall constitute an Advisory Committee for the State consisting of not less than six members as may be notified by Government from time to time ; Provided that not more than one-third of such members shall be from amongst persons who are growers of Kendu leaves. (3) It shall be the duty of the aforesaid Committee to advise Government on such matters as may be referred to it by Government. (4) The business of the Committee shall be conducted in such manner and the members shall be entitled to such allowances, if any, as may be prescribed. ### 5. Constitution of Units. - The Government may divide each district into such number of units as they deem fit. ### 6. Opening of Depots and Publication of Price-Lists, etc. at the Depot. - In each unit there shall be such number of depots as Government may direct to be set up at such places as may be convenient for the transaction of business and the price-list of Kendu leaves and the hours of business shall be prominently displayed on the notice board kept for the purpose at every such depot. ### 7. Government and their Officer or Agent bound to Purchase. (1) The Government or their authorised officer or agent shall be bound to purchase at the price fixed under Section 4, Kendu leaves which are offered to them for sale at the depot during the hours of business: Provided that it shall be on to Government or any officer or agent not to purchase any leaves which in their opinion are not fit for the purpose of manufacture of bidis. (2) [ Any person aggrieved by the rejection of his leaves by the Government or by an authorised officer or agent under the proviso to Sub-section (1), may within fifteen days therefrom, refer the matter to the Divisional Forest Officer, or such other officer as may be empowered by Government in this behalf, having jurisdiction, over the unit in which the leaves have grown.] [Substituted by Orissa Kendu Leaves (Control of Trade) (Amendment) Act 6 of 1969.] (2-a) Any person, to whom price is paid at a rate lower than the rate fixed under Section 4 for Kandu leaves sold by him to the Government or their authorised officer or agent, may refer the matter to the aforesaid officer within fifteen days from the date of such payment. (2-b) On receipt of a reference under Sub-section (4) , the Divisional Forest Officer or such other officer, as the case may be, shall hold an enquiry on the spot or at the headquarters in the prescribed manner and after hearing the parties concerned or their authorised agent shall, pass such order as he deems fit and in the case if he finds the rejection of the leaves to be improper, he may- (i) If he considers the leaves in question still suitable for the manufacture of bidis, direct the Government or the authorised officer or agent, as the case may be, to purchase the same and also to pay to the person aggrieved such further compensation not exceeding twenty per centum of the price of leaves payable to him, as he may deem fit; (ii) If he considers that the leaves in question have since become unsuitable for manufacture of bidis, direct the Government or their authorised officer or agent, as the case may be, to pay to the person aggrieved an amount equal to the price of such leaves payable under Sub-section (1) and such further compensation not exceeding twenty per centum of such price as he may deem fit. (2-c) On receipt of a reference under Sub-section (2-a), the said officer shall hold an enquiry in the manner as aforesaid and if he is satisfied about correctness of the allegations made in the reference he may direct the Government or their authorised officer or agent as the case may be, to pay to the person making the reference so much of the price as has not been paid to him and such further compensation not exceeding twenty per centum of the amount so directed to be paid as he may deem fit. (3) Nothing in this section shall be construed so as to debar the appropriation of leaves offered for sale if Government or their authorised officer, or agent have reason to believe that the leaves appertain to forests or lands belonging to Government and paying only such collection charges, if any, as Government may from time to time determine : Provided that in case of any dispute the Divisional Forest Officer or such other officer who may be specifically empowered in this behalf as specified in Sub-section (2) shall hear and dispose of the same in the manner provided therein. ### 8. Appointment of Agents. (1) The Government may, for the purpose of purchase of and trade in Kendu leaves on their behalf, appoint agents in respect of different units and any agent may be appointed in respect of more than one unit : [Provided that the Government may, for the purpose of purchase of leaves from the registered growers, appoint an additional agent in respect of one or more units.] [Inserted by Orissa Kendu Leaves (Control of Trade) (Amendment) Act 6 of 1969.] (2) The procedure for appointment of agents shall be as may be prescribed. ### 9. Registration. - Every grower of Kendu leaves shall, if the quantity of leaves grown by him during a year is likely to exceed [three (hundred and fifty kilograms) get himself registered in the prescribed manner [on payment of such fees as may be prescribed and shall be liable to maintain accounts and submit returns in such form and manner as may be prescribed] [Substituted by Orissa Kendu Leaves (Control of Trade) (Amendment) Act 6 of 1969.] ]. ### 10. Disposal of Leaves. - Kendu leaves purchased by Government or by their officers or agents under this Act shall be sold or otherwise disposed of in such manner as Government may direct. ### 11. Application of Net Profits. (1) Out of the net profits derived by Government from the trade in Kendu leaves under this Act an amount not being less than fifty per centum thereof shall be paid to the [Zilla Parishads, Samitis] [Substituted vide Orissa Gazette Extraordinary No. 1390 dated 19.10.2004 (w.e.f. 1.4.2001).] and Grama Panchayats. (2) The allocation of the said amount among the different Samitis and Grama Panchayats as aforesaid shall be as Government may determine from time to time. (3) [ Subject to such conditions as may be prescribed the sums so paid to the [Zilla Parishads, Samitis] [Added by Orissa Kendu Leaves (Control of Trade) (Amendment) Act 17 of 1963.] and Grama Panchayats shall be utilised in accordance with the provisions of [the Orissa Zilla Parishad Act, 1991] [Inserted vide Orissa Gazette Extraordinary No. 1390 dated 19.10.2004 (w.e.f. 1.4.2001).] , the Orissa Panchayat Samiti Act, 1959 (Orissa Act 7 of 1960 ) and the Orissa Grama Panchayat Act, 1964 (Orissa Grama Panchayat Act 1 of 1965 ) respectively.] ### 12. Delegation of Powers. - The Government may, by order, delegate any of their powers of functions under this Act or the Rules made thereunder to any officer or authority who shall exercise or perform the subject to such conditions and restrictions as Government may specify in the order. ### 13. Power of Entry, Search, Seizures etc. (1) Any Police Officer not below the rank of an Assistant Sub-inspector and any other person authorised by Government may, with a view to securing compliance with the provisions of this Act or the Rules made thereunder or to, satisfying himself that the said provisions have been complied with- (i) stop and search any person, boat, vehicle or receptacle used or intended to be used for the transport of Kendu leaves; (ii) enter and search any place; (iii) seize Kendu leaves in respect of which he suspects that any provision of this Act or the Rules made thereunder has been or is being or is about to be contravened with the receptacle containing such, leaves or the vehicles or boats used in carrying such leaves. (2) [ The provisions of Sections 102 and 103 of the See [Code of Criminal Procedure, (5 of 1898)] [Substituted by Orissa Kendu Leaves (Control of Trade) (Amendment) , Act 6 of 1969.] relating to search and seizure shall, so far as may be, apply to searches and seizures under this section.] ### 14. Penalty. - If any person contravenes any of the provisions of this Act or the Rules made thereunder- (a) he shall be punishable with imprisonment which shall extend to one year or with fine which may extend to five hundred rupees or with both; (b) that Kendu leaves in respect of which such contravention has been made or such part thereof as the Court may deem fit, shall be forfeited to the Government : Provided that if the Court is of the opinion that it is not necessary to direct forfeiture in respect of the whole, or as the case may be, any part of the leaves, it may, for reasons to be recorded, refrain from doing so. ### 15. Attempts and Abetment. - Any person who attempts to contravene or abets the contravention of any provision of this Act or the Rules made thereunder shall be deemed to have contravened such provision. ### 16. Cognizance of Offences. - No Court shall take cognizance of any offence punishable under this Act, except on a report in writing of the facts constituting such offence made by any Forest Officer not below the rank of a Divisional Forest Officer or by any other officer authorised in that behalf by Government. ### 17. Savings in Respect of Act done in Good Faith. (1) No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be so done in pursuance of this Act or the Rules made thereunder. (2) No suit or other legal proceedings shall lie against Government for any damage caused or likely to be caused or any injury suffered or likely to be suffered by virtue of the provisions of this Act or by anything which is in good faith done or intended to be so done in pursuance of this Act or the Rules made thereunder. ### 18. Power to make Rules. (1) The Government may make Rules for carrying out all or any of the purposes of this Act. (2) In particular and without prejudice to the generality of the following matters, namely ; (a) publication of the price-lists of the Kendu leaves; (b) manner of holding enquiries under this Act; (c) Procedure to be followed in making appointment of agents; (d) the authority by whom, the manner in which and the conditions subject to which permits may be issued ; (e) the manner of registration under Section 9 [and the fees therefor;] [Added by Orissa Kendu Leaves (Control of Trade) (Amendment) Act 17 of 1963.] (e-1) the forms and manner in which accounts shall be maintained and returns shall be submitted; (f) the conditions subject to which sums allotted to [Zilla Parishads] [Inserted vide Orissa Gazette Extraordinary No. 1390 dated 19.10.2004 (w.e.f. 1.4.2001).] , Samitis and Grama Panchayats shall be utilised; (g) the forms in which applications shall be made, permits shall be issued; and (h) any other matter which is either expressly or impliedly required to be prescribed under this Act. ### 19. Repeal. - On the coming into force of this Act in any district, the Orissa Essential Articles Control and Requisitioning (Temporary Powers) Act, 7 of 1955 shall, in so far as it relates to Kendu leaves, stand repealed in respect of such district. ### 20. Power to remove Doubts and Difficulties. - If any doubt or difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require, by order do anything not inconsistent with the provisions of this Act or the Rules made thereunder which appears to them necessary for purpose of removing the doubt or difficulty.
65b91f88ab84c7eca86e85bb	acts	State of Uttar Pradesh - Act ------------------------------ The U.P. Food and Civil Supplies (Supply Branch) Subordinate Service Rules, 1980 ---------------------------------------------------------------------------------- UTTAR PRADESH India The U.P. Food and Civil Supplies (Supply Branch) Subordinate Service Rules, 1980 ================================================================================== Rule THE-U-P-FOOD-AND-CIVIL-SUPPLIES-SUPPLY-BRANCH-SUBORDINATE-SERVICE-RULES-1980 of 1980 ------------------------------------------------------------------------------------------- * Published on 1 January 1962 * Commenced on 1 January 1962 The U.P. Food and Civil Supplies (Supply Branch) Subordinate Service Rules, 1980 Published vide U.P. Gazette, vide Notification No. A.R.A.-4140/29/2-288/69, dated June 26, 1980 Part I – General ------------------ ### 1. Short title and commencement. - (i) These rules may be called the Uttar Pradesh Food and Civil Supplies (Supply Branch) Subordinate Service Rules, 1980. (ii) They shall come into force at once. ### 2. Status of the service. - The Uttar Pradesh Food and Civil Supplies (Supplies Branch) Subordinate Service comprises Group 'C' posts. ### 3. Definitions. - In these rules, unless the context otherwise requires,- (i) [ "appointing authority" means the Commissioner;] [Substituted by Notification No. 2743/29-2-93-504/80-TC, dated 27th September, 1993] (ii) "Citizen of India" means a person who is or is deemed to be a citizen of India under Part II of the Constitution; (iii) [ "Commission" means the Uttar Pradesh Subordinate Services Selection Commission;] [Substituted by Notification No. 2743/29-2-93-504/80-TC, dated 27th September, 1993] (iv) "Commissioner" means the Commissioner, Food and Civil Supplies, Uttar Pradesh; (v) "Constitution" means the Constitution of India; (vi) "Government" means the Government of Uttar Pradesh; (vii) "Governor" means the Governor of Uttar Pradesh; (viii) [ "Member of the Service" means a person appointed in a substantive capacity under these rules or orders in force prior to the commencement of these rules to a post in the cadre of the service; [Substituted by Notification No. 2743/29-2-93-504/80-TC, dated 27th September, 1993] (ix) "Service" means the Uttar Pradesh Food and Civil Supplies (Supply Branch) Subordinate Service; (x) "Substantive appointment" means an appointment, not being an ad hoc appointment, on a post in the cadre of the Service made after selection in accordance with the rules and if there are no rules, in accordance with the procedure prescribed for the time being by executive instructions, issued by the Government; and (xi) "Year of recruitment" means a period of twelve months commencing from the first day of a calendar year.] Part II – Cadre ----------------- ### 4. Strength of service. (1) The strength of the service and of each category of posts therein shall be such as may be determined by the Governor from time to time. (2) The strength of the service and of each category of posts therein shall until orders varying the same have been passed under sub-rule (1) be- \| \| \| \| --- \| --- \| \| Category of post \| Number of posts \| \| Permanent \| Temporary \| \| (a) Inspector \| 533 \| 369 \| \| (b) Senior Inspector \| 94 \| 83 \| Provided that- (i) the appointing authority may leave unfilled or the Governor may hold in abeyance any vacant post without thereby entitling any person to compensation; and (ii) the Governor may create such additional, temporary or permanent posts from time to time as may be found necessary. Part III – Recruitment ------------------------ ### 5. [ Source of recruitment. [Substituted by Notification No. 2743/XXIX-2-93-504/80-TC, dated 27th September, 1993.] - Recruitment to the various categories of posts in the Service shall be made from the following sources : (1) Inspector.-(a) Seventy-five per cent by direct recruitment through the Commission; and (b) Twenty-five per cent by promotion through Selection Committee from amongst substantively appointed such incumbents of the posts of the categories mentioned in clauses (i) and (ii) below as have completed five years of service on any one or more of the posts of the said categories on the first day of the year of recruitment- (i) Senior Assistant.-Accountant, Senior Clerk, Accounts Clerk and Junior Clerk/Typist to the extent of twenty per cent of the post, and (ii) Stenographer.-To the extent of five per cent of the posts. (iii) Senior Inspector.-By promotion through Selection Committee from amongst substantively appointed Inspector who have completed at least five years' service as such on the first day of the year of recruitment.] ### 6. Reservation. - Reservation for the candidates belonging to Scheduled Castes, Scheduled Tribes and other categories shall be in accordance with orders of the Government in force at the time of the recruitment. Part IV – Qualifications -------------------------- ### 7. Nationality. - A candidate for direct recruitment to a post in the service must be- (a) a citizen of India, or (b) a Tibetan refugee who came over to India before the 1st January, 1962 with the intention of permanently settling in India, or (c) a person of Indian origin who has migrated from Pakistan, Burma,Sri Lanka or any of the East African countries of Kenya, Uganda and the United Republic of Tanzania (formerly Tanganyika and Zanzibar) with the intention of permanently settling in India : Provided that a candidate belonging to category 'B' or 'C above must be a person in whose favour a certificate of eligibility has been issued by the State Government : Provided further that a candidate belonging to category 'B' will also be required to obtain a certificate of eligibility granted by the Deputy Inspector-General of Police, Intelligence Brandy Uttar Pradesh : Provided also that if a candidate belongs to category 'C' above, no certificate of eligibility will be issued for a period of more than one year and the retention of such a candidate in service beyond a period of one year shall be subject to his acquiring Indian citizenship. Note.-A candidate in whose case a certificate of eligibility is necessary but the same has neither been issued nor refused, may be admitted to an examination or interview and he may also be provisionally appointed subject to the necessary certificate being obtained by him or issued in his favour. ### 8. Academic qualifications. - A candidate for direct recruitment to a post in the service must hold a degree of a recognised University or any other qualification recognised by the Government as equivalent thereto and he must also possess good knowledge of Hindi in Devanagri Script. ### 9. Preferential qualifications. - A candidate who- (i) has served in the Territorial Army for a minimum period of two years, or (ii) has obtained the 'B' Certificate of the National Cadet Corps, shall other things being equal be given preference in the matter of direct recruitment. ### 10. [ Age. [Substituted by Notification No. 2743/29-2-93-504/80-TC, dated 27th September, 1993.] - A candidate for direct recruitment to a post in the Service must have attained the age of 21 years and must not have attained the age of more than 32 years on the first day of July of the calendar year in which the vacancies for direct recruitment are advertised by the Commission : Provided that the upper age limit in the case of candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories, as may be notified by the Government from time to time, shall be greater by such number of years as may be specified.] ### 11. Character. - The character of a candidate for direct recruitment to a post in the Service must be such as to render him suitable in all respects for employment in Government Service. The appointing authority shall satisfy itself on this point. Note.-Persons dismissed by the Union Government or a State Government or by a Local Authority or a Corporation or Body owned or controlled by the Union Government or a State Government, shall be ineligible for appointment to the service. Any person who has been convicted by a court of law for an offence involving moral turpitude shall also be ineligible. ### 12. Marital status. - A male candidate who has more than one wife living or a female candidate who has married a man already having a wife living, shall not be eligible for appointment to any post in the service : Provided that the Governor may, if satisfied that there exist special grounds for doing so, exempt any person from the operation of this rule. ### 13. Physical fitness. - No person shall be appointed to the service unless he is in good mental and bodily health and free from any physical defect likely to interfere with the efficient performance of his duties. Before a candidate is finally approved for appointment he shall be required to produce a medical certificate of fitness in accordance with the rules framed under Fundamental Rule 10 and contained in Chapter III of the Financial Handbook, Volume II, Part III : Provided that a medical certificate of fitness shall not be required from a candidate recruited by promotion. Part V – Procedure for Recruitment ------------------------------------ ### 14. [ Determination of vacancies. [Substituted by Notification No. 2743/29-2-93-504/80-TC, dated 27th September, 1993.] - The appointing authority shall determine the number of vacancies to be filled in during the course of the year of recruitment as also the number of vacancies to be reserved for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories under rule 6. The vacancies to be filled through the Commission shall be intimated to them.] ### 15. [ Procedure for direct recruitment. [Substituted by Notification No. 2743/29-2-93-504/80-TC, dated 27th September, 1993.] (1) Applications for permission to appear in the competitive examination shall be called in the form published in the advertisement issued by the Commission. (2) No candidate shall be admitted to the examination unless he holds a certificate of admission issued by the Commission. (3) After the results of the written examination have been received and tabulated, the Commission shall, having regard to the need for securing due representation of the candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories under rule 6, summon for interview, such number of candidates as, on the result of the written examination, have come up to the standard fixed by the Commission, in this respect. The marks awarded to each candidate at the interview shall be added to the marks obtained by him in the written examination. (4) The Commission shall prepare a list of the candidate in order of their proficiency as disclosed by the aggregate of marks obtained by each candidate at the written examination and interview and recommend such number of candidates as they consider fit for appointment. If two or more candidates obtained equal marks in the aggregate, the name of the candidate obtaining higher marks in the written examination shall be placed higher in the list and if they obtain equal marks in the written examination as well, the candidate elder in age shall be placed higher in the list. The number of names in the list shall be larger (but not larger by more than twenty five per cent) than the number of vacancies. The Commission shall forward the list to the appointing authority.] ### 16. [ Procedure for recruitment by promotion. [Substituted by Notification No. 2743/29-2-93-504/80-TC, dated 27th September, 1993.] (1) Recruitment by promotion shall be made on the basis of seniority subject to the rejection of the unfit, through the Selection Committee comprising- \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| (i) \| Commissioner \| ... \| Chairman \| \| (ii) \| Additional Commissioner, Food and Civil Supplies, Uttar Pradesh \| ... \| Member \| \| (iii) \| An officer nominated by the Commissioner. \| ... \| Member \| \| (iv) \| If name of the members of the Selection Committee under clauses (i) to (iii) belongs to Scheduled Castes or Scheduled Tribes, an officer belonging to Scheduled Caste or Scheduled Tribe nominated by the Commissioner. \| \| \| \| (v) \| If none of the members of the Selection Committee under clauses (i) to (iii) belongs to backward class, an officer belonging to backward class nominated by the Commissioner. \| \| \| (2) The appointing authority shall prepare eligibility list of the candidates in accordance with the Uttar Pradesh Promotion by Selection (on Posts Outside the Purview of the Public Service Commission) Eligibility List Rules, 1986, and place the same before the Selection Committee along with their character rolls and such other records, pertaining to them, as may be considered necessary : Provided that where promotion to any category of posts is to be made from more than one feeder cadre, eligibility list shall be prepared at the State level by arranging the names of the persons in the field of eligibility in order of seniority as determined by the dates of their substantive appointment on their respective posts and where two or more persons were appointed as such on the same date, the person older in age shall be placed higher in the list. In so arranging the names, the inter se seniority of persons holding the same post shall not be disturbed : Provided further that where posts in the feeder cadres are in different scales of pay, names of persons in higher scale of pay shall be placed in the eligibility list first and the names of persons holding posts in lower scale of pay shall be placed thereafter. (3) The Selection Committee shall consider the cases of candidates on the basis of the records, referred to in sub-rule (2), and if it considers necessary, it may also interview the candidates. (4) The Selection Committee shall prepare a list of selected candidates in accordance with the orders of the Government in force at the time of recruitment and forward the same to the appointing authority.] ### 17. Combined selection list. - If appointment has to be made both by direct recruitment and by promotion, a combined select list shall be prepared by taking the names of candidates alternately from the list prepared under Rule 15 and Rule 16, the first name being from the list prepared under Rule 16. Part VI – Appointment, Probation, Confirmation and Seniority -------------------------------------------------------------- ### 18. Appointment. (1) The Commissioner shall be the Appointing Authority for the post of Senior Inspector and the District Magistrate of the District in which the appointment is to be made shall be the Appointing Authority for the post of Inspector. (2) On the occurrence of substantive vacancies in the posts of Senior Inspector, the appointing authority shall make appointments by taking candidates in the order in which they stand in the list prepared under Rule 15, 16 or 17, as the case may be. (3) The Appointing Authority may make appointments in temporary or officiating vacancies in the posts of Senior Inspector from the lists referred to in sub-rule (2). If no candidate borne on these lists is available for appointment, appointment in such vacancies may be made for a .period not exceeding one year in each case from a list of persons, eligible for promotion under these Rules prepared by the Commissioner, the names in which shall be arranged in order of seniority. (4) (a) On receipt of the lists of candidates selected for the posts of Inspector under Rules 15 and 16 from the Commission, the Commissioner shall make allotment of the selected candidates to the various districts for appointment against the vacancies existing in these districts. The choice indicating in the order of preference for appointment in any one of three districts (other than the home district of the candidate) may be obtained from each selected candidate and allotment to the various districts may as far as possible be made keeping in view the preferences of candidates but, above everything, the needs and exigencies of administration shall be the overriding factor. If any candidate is not willing to accept the appointment in the district of his allotment the name of such candidate shall be delisted without any claim for compensation. In the event of any difficulty in the process of allotment of the candidates, the Commissioner will obtain general or special orders from the Government, which shall be final. (b) Appointment against temporary and officiating vacancies may also be made by the Appointing Authority by obtaining names of listed or eligible candidates from die Commissioner : Provided that appointment, in any such vacancy of a candidate not borne on the list prepared under Rule 15 or Rule 16 shall be made for a period not exceeding one year. ### 19. [ Probation. [Substituted by Notification No. 2743/29-2-93-504/80-TC, dated 27th September, 1993.] (1) Subject to the provisions of sub-rule (2) the appointing authority shall make appointment by taking the names of candidates in the order in which they stand in the lists prepared under Rule 15, 16 or 17, as the case may be. (2) Where, in any year of recruitment appointment are to be made both by direct recruitment and by promotion, regular appointments shall not be made unless selections are made from both the sources and a combined list is prepared in accordance with Rule 17. (3) If more than one orders of appointments are issued in respect of any one selection, a combined order shall also be issued, mentioning the names of the persons in order of seniority as determined in the selection or, as the case may be, as it stood in the cadre from which they are promoted. If the appointments are made both by direct recruitment and by promotion, names shall be arranged in accordance with the cyclic order, referred to in Rule 17.] ### 20. [ Confirmation. [Substituted by Notification No. 2743/29-2-93-504/80-TC, dated 27th September, 1993.] (1) Subject to the provisions of sub-rule (2) a probationer shall be confirmed in his appointment at the end of period of probation or the extended period of probation, if- (a) his work and conduct are reported to be satisfactory; (b) his integrity is certified; and (c) the appointing authority is satisfied that he is otherwise fit for confirmation. (2) Where, in accordance with the provisions of the Uttar Pradesh State Government Servant's Confirmation Rules, 1991, confirmation is not necessary, the order under sub-rule (3) of rule 5 of those rules declaring that the person concerned has successfully completed the probation shall be deemed to be the order of confirmation.] ### 21. [ Seniority. [Substituted by Notification No. 2743/29-2-93-504/80-TC, dated 27th September, 1993.] - The seniority of persons substantively appointed in any category of posts shall be determined in accordance with the Uttar Pradesh Government Servants Seniority Rules, 1991, as amended from time to time.] Part VII – Pay, etc. ---------------------- ### 22. [ [Scales of pay] [Substituted by Notification No. 2743/29-2-93-504/80-TC, dated 27th September, 1993.] . (1) The scales of pay admissible to persons appointed to the various categories of post in the Service shall be such as may be determined by the Government from time to time. (2) The scales of pay in force with effect from January 1, 1986 are given below : \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Inspector \| Rs. 1350-30-1440-40-1800-E.B.-50-2200. \| \| 2. \| Senior Inspector \| Rs. 1400-40-1600-50-2300-E.B.-60-2600.] \| ### 23. Pay during probation. (1) Notwithstanding any provision in the fundamental rules to the contrary, a person on probation if he is not already in permanent Government service, shall be allowed to draw his first increment in the time-scale when he has completed one year of satisfactory service and second increment after two years' service when he has completed the probationary period, has passed prescribed departmental examination and is also confirmed : Provided that if the period of probation is extended on account of failure to give satisfaction, such extension shall not count for increment unless the appointing authority directs otherwise. (2) The pay during probation of a person who was already holding a post under the Government shall be regulated by the relevant Fundamental Rules : Provided that if the period of probation is extended on account of failure to give satisfaction, such extension shall not count for increment unless the appointing authority directs otherwise. (3) The pay during probation of a person already in permanent Government service shall be regulated by the relevant rules applicable to Government servants generally serving in connection with the affairs of the State. ### 24. Criteria for crossing efficiency bar. - No person shall be allowed to cross the efficiency bar unless- [(i) his work and conduct are found to be satisfactory, and (ii) his integrity is certified.] Part VIII – Other Provisions ------------------------------ ### 25. Canvassing. - No recommendation, either written or oral other than those required under the rules applicable to the post or service will be taken into consideration, Any attempt on the part of a candidate to enlist support directly or indirectly for his candidature will disqualify him for appointment. ### 26. Regulation for other matters. - In regard to the matters not specifically covered by these rules or by special orders, persons appointed to the service shall be governed by the rules, regulations and orders applicable generally to Government servants serving in connection with the affairs of the State. ### 27. Relaxation from conditions of service. - Where tire State Government is satisfied that the operation of any rule regulating the conditions of service of persons appointed to the service causes undue hardship in any particular case, it may notwithstanding anything contained in the rules applicable to be case by order, dispense with or relax the requirements of that rule to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner : Provided that where a rule was made in consultation with the Commission, that body shall be consulted before the requirements of that rule are relaxed or dispensed with. ### 28. Savings. - Nothing in these rules shall effect reservations and other concessions required to be provided for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other special categories of persons in accordance with the orders of the Government issued from time to time in this regard.
65ba6a90ab84c7eca86eb32e	acts	Union of India - Act ---------------------- The Khadi And Village Industries Commission Act, 1956 ------------------------------------------------------- UNION OF INDIA India The Khadi And Village Industries Commission Act, 1956 ======================================================= Act 61 of 1956 ---------------- * Published on 25 September 1956 * Commenced on 25 September 1956 1. Amended by [THE KHADI AND VILLAGE INDUSTRIES COMMISSION (AMENDMENT) ACT, 2006 (Act 10 of 2006) on 22 March 2006 ] The Khadi And Village Industries Commission Act, 1956 ACT NO. 61 OF 1956 ### 1363. With a view to promoting and developing khadi and village industries, the Central Government constituted a Board called the All India Khadi and Village Industries Board and vested it with powers to prepare and organise programmes for the production and development of Khadi and Village Industries and to deal with other matters incidental thereto. It has, however, been found in actual practice that the work of the Board has been hampered by certain procedural and financial difficulties, difficulties which would be removed if a Commission were setup by law. It is, therefore, proposed to set up a Commission, called the All India Khadi and Village Industries Commission, which will be vested with powers, executive as well as administrative, for the proper development of khadi and village industries. The Bill also provides for the All India Khadi and Village Industries Board functioning as an advisory body which will advise the Commission generally in the discharge of all its duties". - Gazette of India, 1955. Extra., Pt. II, Section 2, p. 212. Amending Act 32 of 1961.- Experience of the administration of the Khadi and Village Industries Commission Act, 1956, has disclosed certain dif ficulties in its working. The object of the present Bill is to remove such difficulties. Opportunity has been taken to make certain other minor and formal amendments in the Act. The notes on clauses explain in detail the important provisions of the Bill" -Gazette of India, 28-2-1961, Pt. II, Section 2, Extra., p. 57. Act 12 of 1987.- The Khadi and Village Industries Commission (the KVIC) is a statutory body established under the Khadi and Village Industries Commission Act, 1956 ( 61 of 1956 ). 2. In order to advise the Govermment on the role of KVIC in promoting the development and growth of Khadi and Village Industries sector and also to review the organisational structure, etc., of the Commission, an expert Committee was set up by the Government. Most of the recommendations of the Committee have been accepted by the Government and the proposed amendments to the KVIC Act seek to modify the relevant provisions of the KVIC Act for giving effect to the decision. 3. In order that KVIC concentrates on promotion of industries in rural areas, it is proposed to amend the definition of "village industries" contained in the Act, so that in future, only units in'Rural areas' will receive KVIC. support. A saving clause has been provided so that existing units in other areas continue to receive KVIC support. Since new categories of industries are coming so that rural industrialisation can be promoted at a faster pace than now, it is proposed that all industries located in rural areas are eligible for KVIC assistance provided the investment on plant, machinery, land and building is less than Rs. 15,000 or such other sum as may be specified from time to time for every job created. It is also proposed to broadbase the functions of the KVIC so as to cater to the needs of the changing industrial scene in the country. The duties and responsibilities of the Chairman, the Chief Executive Officer and the Financial Adviser are also proposed to be re-defined so that their areas of work are clearly demarcated. 4. In order to discharge the new responsibility of the Commission in promoting village industries, it is proposed to strengthen the Commission and increase the maximum membership to twelve. In the expanded Commission, all the six regions of the country will find membership; the Commission would also include expert members so that gains of science and technology are made available to the rural society. It is also proposed to appoint the Financial Adviser as a member of the Commission in pursuance of the recommendations of the Public Accounts Committee. The Chief Executive Officer is being inducted as Member-Secretary to discharge administrative and other functions. 5. The term of the members of the Commission is proposed to be increased from 3 to 5 years to. lend long-term stability and continuity to the development programmes. A provision is also proposed to be made in the Act for removal of members of the Commission in case it becomes necessary. 6. According to the proviso to sub-section (2) of section 14 of the Act, no person whose honorarium or maximum salary exceeds rupees five hundred per month can be appointed by the Commission except with the previous approval of the Central Governmemt. This has resulted in considerable administrative delays in matters relating to appointments to posts carrying maximum honorarium or maximum salary of more than rupees five hundred per month. It is, therefore, proposed to omit the proviso. 7. Section 18 of the Act provides for two separate funds of the Commission called the 'Khadi Fund' and the 'Village Industries Fund', under which grants and receipts in respect of Khadi and Village Industries are cerdited. Miscellaneous grants and receipts received by the Commission for research and development, setting up of training institutions under TRYSEM, etc., relating to both Khadi and Village Industries, therefore, cannot be bifurcated. It is proposed to provide for the creation of a third fund called 'the General and Miscellaneous Fund'. 8. Presently, the Act does not provide for enabling powers to Government to give retrospective effect to the KVIC Regulations concerning emoluments and pension rrules for KVIC employees., The changes in the emoluments and pension rules of the Central Government are, therefore, extended to KVIC employees with a time-lag. It is proposed to insert suitable provisions in the Act for enabling it to give retrospective effect to the KVIC Regulations which will be beneficial to KVIC employees. 9. The present opportunity is being availed of to include, in the Act a provision for laying of the Regulations made under the Act also before each House of Parliament. ### 10. The Bill seeks to achieve the above objects. - Gazette of India, 9-12-1986, Pt. II, Section 2, Ext., p. 9 (No. 60). [25th September, 1956.] An Act to provide for the establishment of a Commission for the development of Khadi and Village Industries and for matters connected therewith. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:-- Chapter I Preliminary -------------------------- ### 1. Short title and extent. (1) This Act may be called the Khadi and Village Industries Commission Act, 1956. (2) It extends to the whole of India except the State of Jammu and Kashmir. \| \| \| --- \| \| The Act comes into force in Pondicherry on 1.10.1963 vide Reg. 7 of 1963, Section 3 and Sch. I.Extended to Goa, Daman and Diu by Reg. 11 of 1963, Section 3 & sch. \| ### 2. Definitions. In this Act, unless the context otherwise requires,-- (a) "the Board" means the Board constituted under [section 10] [Substituted by Act 36 of 1957, Section 3 and Sch. II, for "section 9"] (b) "chairman" means the chairman of the Commission; (c) "Commission" means the Khadi and Village Industries Commission established under section 4; (cc) [ "fixed capital investment" includes investment in plant and machinery and land and building of an industry;] [Inserted by Act 12 of 1987, Section 2 (w.e.f. 24.7.1987)] (d) "khadi" means any cloth woven on handlooms in India from cotton, silk or woollen yarn handspun in India or from a mixture of any two or all of such yarns; (e) "member" means a member of the Commission [and includes the chairman] [Substituted by Act 32 of 1961, Section 2, for "and includes the chairman"] [\\\] [Certain words omitted by Act 12 of 1987, Section 2 (w.e.f. 24.7.1987)] ; (f) "prescribed" means prescribed by rules made under this Act; (ff) [ "rural area" means the area comprised in any village, and includes the area comprised in any town, the population of which does not exceed [twenty thousand] [Inserted by Act 32 of 1961, Section 2, (w.e.f.24.7.1987)] or such other figure as the Central Government may specify from time to time;] [\ \* \* \* \] [Cls.(g) and (gg) omitted Act 32 of 1961, by Section 2, (w.e.f. 24.7.1987)] [\ \* \* \* \] [Cls.(g) and (gg) omitted Act 32 of 1961, by Section 2, (w.e.f. 24.7.1987)] (h) [ "village industry" means,-- [Substituted by Act 12 of 1987 s. 2, (w.e.f. 24.7.1987)] (i) any industry located in a rural area which produces any goods or renders any service with or without the use of power and in which the fixed capital investment per head of an artisan or a worker does not exceed [one lakh rupees] or such other sum as may, by notification in the Official Gazette, be specified from time to time by the Central Government: Provided that any industry specified in the Schedule and located in an area other than a rural area and recognised as a village industry at any time before the commencement of the Khadi and Village Industries Commission (Amendment) Act, 1987 shall, notwithstanding anything contained in this sub-clause, continue to be a village industry under this Act; [Provided further that in the case of any industry located in a hilly area, the provisions of this sub-clause shall have effect as if for the words "one lakh rupees", the words "one lakh and fifty thousand rupees" had been substituted] [Inserted by Act 10 of 2006 (w.e.f. 22.3.2006) ] (ii) any other non-manufacturing unit established for the sole purpose of promoting, maintaining, assisting, servicing (including mother units) or managing any village industry;] ### 3. Power to add to the Schedule. [Omitted by Khandi and Village Industries Commission (Amendment) Act (12 of 1987), s. 3 (w.e.f. 24.7.1987).] Chapter II The Khadi And Village Industries Commission ----------------------------------------------------------- ### 4. Establishment and constitution of the Commission. (1) With effect from such date as the Central Government may, by notification in the Official Gazette, fix in this behalf, there shall be established a Commission to be called the Khadi and village Industries Commission which shall be a body corporate having perpetual succession and a common seal, with power to acquire, hold and dispose of property and to contract, and may by the said name sue and be sued. (1A) [ Save as otherwise provided under this Act and the rules made thereunder, the exercise of all powers and discharge of all functions under this Act, including general superintendence, direction and management of day-to-day affairs of the Commission, shall vest in the Commission] [Inserted by Act 10 of 2006 (w.e.f. 22.3.2006) ] (2) The Commission shall consist of the following members appointed by the Central Government, namely:-- [(a) six non-official members [having specialised knowledge and not less than ten years of experience of khadi or village industries] and representing such six geographical zones of the country, as may be prescribed; (b) [ four non-official members of whom each member shall be from the following disciplines, namely:- [Substituted by Act 10 of 2006 (w.e.f. 22.3.2006) ] (i) one member having expert knowledge and experience in Science and Technology; (ii) one member having expert knowledge and experience in Marketing; (iii) one member having expert knowledge and experience in Rural Development; and (iv) one member having expert knowledge and experience in Technical Education and Training] (ba) the Chairman of the State Bank of India constituted under subsection (1) of section 3 of the State Bank of India Act, 1955 ( [23 of 1955 ) or an officer not below the rank of the Deputy Managing Director as may be nominated by the Chairman of the State Bank of India-ex-officio] [Inserted by Act 10 of 2006 (w.e.f. 22.3.2006) ] (c) [ a Chief Executive Officer, ex-officio; and [Substituted by Act 10 of 2006 (w.e.f. 22.3.2006) ] (d) a Financial Adviser, who shall also be the Chief Accounts Officer of the Commission, ex-officio] [Substituted by Act 12 of 1987 s. 4, (w.e.f. 24.7.1987)] (3) The Central Government may appoint one of the members appointed under clause (a) of sub-section (2) to be the chairman who shall be a full-time member.] ### 5. [ Powers and functions of the Chief Executive Officer. [Substituted by Act 12 of 1987 s.5, (w.e.f. 24.7.1987)] - (1) Subject to the provisions contained in sub-section (1A) of section 4, the Chief Executive Officer, appointed under clause (c) of sub-section (2) of section 4, shall exercise such powers and discharge such functions in respect of general superintendence over the affairs of the Commission and its day-to-day management, as may be prescribed. [(1A) Without prejudice to the powers and functions referred to in sub-section (1) , the Chief Executive Officer shall exercise such powers and discharge such functions under the general superintendence, direction and management of the Commission] (2) The Chief Executive Officer [shall, in addition to exercise of the powers and discharge of the functions referred to in sub-section (1), be responsible] [Substituted [shall be responsible] by Act 10 of 2006 (w.e.f. 22.3.2006) ] for the furnishing of all returns, reports and statements required to be furnished to the Central Government under section 24. (3) It shall be the duty of the Chief Executive Officer to place before the Commission for its consideration and decision any matter of financial import if the Financial Adviser suggests to him in writing that such matter be placed before the Commission.] ### 5A. [ Powers and functions of the Financial Adviser. [Substituted by Act 12 of 1987 s.5, (w.e.f. 24.7.1987)] The Financial Adviser [appointed under clause (d) of sub-section (2) of section 4 shall be in charge of such financial matters of the Commission including its budget, accounts and audit, as may be prescribed] and it shall be the duty of the Financial Adviser to bring to the notice of the Commission through the Chief Executive Officer any matter of financial import, which, in his opinion, requires consideration and decision by the Commission.] ### 6. [ Disqualifications for membership of the Commission. [Substituted by Act 12 of 1987 s.5, (w.e.f. 24.7.1987)] A person shall be disqualified for being appointed as, and for being, a member of the Commission-- (a) if he is, or is found to be a lunatic or a person of unsound mind; or (b) if he has been adjudged insolvent; or (c) if he has been convicted of an offence involving moral turpitude; or (d) if he has any financial interest in any subsisting contract made with or in any work being done by the Commission, except as a shareholder (other than a Director), in a company as defined in section 3 of the Companies Act, 1956 ( 1 of 1956 ): Provided that where he is a shareholder, he shall disclose to the Central Government, the nature and extent of shares held by him in such a company; or (e) if he has any financial interest in any business undertaking dealing with or any other village industry specified or deemed to be specified in the Schedule to the Act.] ### 6A. [ Removal of Chairman, Member, etc., from the Commission. [Substituted by Act 12 of 1987 s.5, (w.e.f. 24.7.1987)] The Central Government may, by notification in the Official Gazette, remove from office any member of the Commission who-- (a) is or becomes subject to any of the disqualifications mentioned in section 6; or (b) in the opinion of the Central Government has failed or is unable to carry out his duties; or (c) absents himself from three consecutive meetings of the Commission without the leave of the Commission: Provided that before issuing any such notification, the Central Government shall give an opportunity to the member concerned to show cause against such removal.] ### 7. Resignation of office by member. Any member may resign his office by giving notice in writing to the Central Government and, on such resignation being notified in the Official Gazette by that Government, shall be deemed to have vacated his office. ### 8. Vacancies, etc., not to invalidate acts and proceedings of the Commission. No act or proceeding of the Commission shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof. ### 9. Temporary association of persons with the Commission for particular purposes. (1) The Commission may associate with itself in such manner and for such purposes as may be determined by regulations made under this Act any persons whose assistance or advice it may desire in complying with any of the provisions of this Act. (2) A person associated with it by the Commission under sub-section (1) for any purpose shall have the right to take part in the discussions of the Commission relevant to that purpose, but shall not have the right to vote, and shall not be a member for any other purpose. (3) The Central Government may, by notification in the Official Gazette, depute one or more officers of the Government to attend any meetings of the Commission and to take part in the discussions of the Commission, but such officer or officers shall not have the right to vote. ### 10. Constitution of the Board. - (1) [Numbered by Act 10 of 2006 (w.e.f. 22.3.2006) ] For the purpose of assisting the Commission in the discharge of its functions under this Act, the Central Government may, by notification in the Official Gazette, constitute a Board to be called the [National Khadi and Village Industries Board] [Substituted [Khadi and Village Industries Board] by Act 10 of 2006 (w.e.f. 22.3.2006) ] consisting of a chairman and such number of other members as the Central Government may think fit, chosen from among persons who, in the opinion of the Central Government, are qualified as having had experience, and shown capacity, in matters relating to the development of khadi and village industries. (2) [ The Board shall, subject to the provisions of sub-section (3), meet at such times and places and observe such rules of procedure in regard to the transaction of business at its meetings including the quorum at meetings as may be prescribed. (3) The Board shall meet at least twice in a year] [Inserted by Act 10 of 2006 (w.e.f. 22.3.2006) ] ### 11. Commission to consult the Board. The Commission shall ordinarily consult the Board with respect to the discharge of its functions under this Act. ### 12. Meetings of the Commission. (1) The Commission shall meet at such times and places and shall, subject to the provisions of sub-sections (2) and (3), observe such rules of procedure in regard to transaction of business at its meetings (including the quorum at meetings) as may be provided by regulations made by the Commission under this Act; Provided that the Commission shall meet at least once in every month. (2) [ The chairman or, in his absence, any member (other than an ex-officio member) chosen by the members present from among themselves, shall preside at a meeting of the Commission.] [Substituted by Act 12 of 1987, Section 6 (w.e.f. 24.7.1987)] (3) All questions at a meeting of the Commission shall be decided by a majority of the [votes of the members (including ex-officio members) present] [Substituted [votes of the members present] by Act 10 of 2006 (w.e.f. 22.3.2006) ] and voting and in the case of an equality of votes, the chairman or, in his absence the person presiding, shall have a second or casting vote. 12A. Zonal Committee. - (1) The Commission shall constitute for each of the six geographical zones, referred to in clause (a) of subsection (2) of section 4, a Zonal Committee, which shall consist of the following, namely:- [(a) the non-official member representing the zone, referred to in clause (a) of sub-section (2) of section 4, who shall be the Chairman of the Zonal Committee constituted for respective zones; (b) one representative of each of the State Khadi and Village Industries Boards of the States or, as the case may be, the Government of each State in the zone, to be notified by the Central Government in consultation with the State Government concerned member; (c) the Zonal Deputy Chief Executive Officer of the Commission, who shall be the convener of the Zonal Committee-member; (d) the State Directors in charge of the Commission's Directorates for the States in the zone-member; (e) a Zonal or Regional manager of one of the lead banks operating in the zone-member; and (f) one representative of an institution of repute, working for at least ten years in the khadi or village industries sector and having a good record of performance, from each State in the zone, to be notified by the Central Government-member. (2) The Zonal Committee shall meet at such times and places and shall, subject to the provisions of sub-section (3), observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at the meetings) as may be provided by regulations made by the Commission under this Act: Provided that the Committee shall meet at least once in every three months. (3) The Chairman of the Zonal Committee or, in his absence, any member chosen by the members present from among themselves, shall preside at a meeting of the Committee. (4) The Zonal Committee shall generally function as a forum for consultation and, accordingly, inter alia,- (a) act as a conduit for the dissemination of information relating to the programmes and schemes of the Commission for the development of khadi and village industries in the zone; (b) monitor, from time to time, the implementation of the programmes and schemes referred to in clause (a); (c) provide feedback to the Commission on the problems and difficulties envisaged and suggestions made by banks, voluntary agencies, artisans and others engaged in the operation of programmes and schemes referred to inclause (a)] ### 13. [ Term of office and conditions of service of the chairman and other members. [Substituted by Act 12 of 1987, Section 7, (w.e.f. 24.7.1987)] (1) Every members of the Commission, other than an ex-officio member, shall hold office [at the pleasure of the Central Government which shall not exceed continuous period of five years] [New section inserted by Act 30 of 2007 (w.e.f. 18.6.2007) ] : Provided that the chairman shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) The terms and conditions of service of the chairman, Chief Executive Officer, Financial Adviser and other members shall be such as may be prescribed.] ### 14. Officers and servants of the Commission. [\\\] [Omitted by Act 12 of 1987, Section 8, (w.e.f. 24.7.1987)] [\\\] [Omitted by Act 12 of 1987, Section 8, (w.e.f. 24.7.1987)] Subject to such rules as may be made by the Central Government in this behalf, the Commission may appoint such other officers and servants as it considers necessary for the efficient performance of its functions: [\ \* \* \* \] [Omitted by Act 12 of 1987, Section 8, (w.e.f. 24.7.1987)] Chapter III Functions Of The Commission -------------------------------------------- ### 15. [ Functions of the Commission. [Substituted by Act 12 of 1987, Section 9, (w.e.f. 24.7.1987)] (1) Subject to the provisions of this Act, the functions of the Commission shall generally be to [plan, promote, facilitate, organise] and assist in the establishment and development of khadi and village industries in the rural area in coordination with other agencies engaged in rural development wherever necessary. (2) In particular, and without prejudice to the generality of the foregoing power, the Commission may take such other steps as it may think fit,-- (a) to [plan and organise, directly or through specified agencies] [Substituted [plan and organise] by Act 10 of 2006 (w.e.f. 22.3.2006) ] training of persons employed or desirous of seeking employment in khadi and village industries; (b) to [build up, directly or through specified agencies] [Substituted [build up] by Act 10 of 2006 (w.e.f. 22.3.2006) ] reserves of raw materials and implements and [supply them or arrange supply of the raw materials and implements] [Substituted [supply them] by Act 10 of 2006 (w.e.f. 22.3.2006) ] to persons engaged or likely to be engaged in production of handspun yarn or khadi or village industries at such rates as the Commission may decide; (c) to encourage and assist in the creation of common service facilities for the processing of raw materials or semi-finished goods and for otherwise facilitating production and marketing of khadi or products of village industries; (d) to promote the sale and marketing of khadi or products of village industries or handicrafts and for this purpose forge links with established marketing agencies wherever necessary and feasible; (e) to encourage and promote research in the technology used in khadi and village industries, including the use of non-conventional energy and electric power with a view to increasing productivity, eliminating drudgery and otherwise enhancing their competitive capacity and to arrange for dissemination of salient results obtained from such research; (f) to undertake directly or through other agencies studies of the problems of khadi or village industries; (g) to [provide financial assistance, directly or through specified agencies,] [Substituted [provide financial assistance] by Act 10 of 2006 (w.e.f. 22.3.2006) ] to institutions or persons engaged in the development and operation of khadi or village industries and guide them through supply of designs, prototypes and other technical information for the purpose of producing goods and services for which there is effective demand in the opinion of the Commission; (h) to [undertake, directly or through specified agencies, experiments,] [Substituted [undertake experiments] by Act 10 of 2006 (w.e.f. 22.3.2006) ] or pilot projects which in the opinion of the Commission are necessary for the development of khadi and village industries; (i) to establish and maintain separate organisations for the purpose of carrying out any or all of the above matters; (j) to promote and encourage cooperative efforts among the manufacturers of khadi or persons engaged in village industries; (k) to ensure genuineness and to set up standards of quality and ensure that products of khadi and village industries do conform to the said standards, including issue of certificates or letters of recognition to the concerned persons; and (l) to carry out any other matters incidental to the above.] [Explanation. - For the purposes of clauses (a) , (b), (g) and (h) of sub-section (2), the expression "specified agencies" means the agencies which the Central Government may, by notification in the Official Gazette, specify in this behalf] [Inserted by Act 10 of 2006 (w.e.f. 22.3.2006) ] ### 16. Power of Central Government to give directions. In the discharge of its functions under this Act, the Commission shall be bound by such directions as the Central Government may give to it. Chapter IV Finance, Accounts, Audit And Reports ---------------------------------------------------- ### 17. Payment to the Commission. The Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Commission in each financial year such sums as may be considered necessary for the performance of the functions of the Commission under this Act. ### 17A. [ Commission to receive gifts, grants, etc. [Inserted by Act 32 of 1961, Section 9] The Commission may, for the purpose of development of khadi [the development of village industries or the development of khadi and village industries], receive gifts, grants donations or benefactions from the Government or any other person. ### 18. Funds of the Commission. (1) The Commission shall have three separate funds to be called the khadi fund, the village industries fund and the general and miscellaneous fund. [(1A) There shall be credited,-- (a) to the khadi fund, all sums received by the Commission for the purpose relating to khadi; (b) to the village industries fund, all sums received by the Commission for the purposes relating to village industries and products of handicrafts; (c) to the general and miscellaneous fund, all other sums received by the Commission: Provided that if the amount available in any of the said funds is in excess of the requirements of that fund and the amount available in any other of the said funds is insufficient to meet the requirements of that fund, the Commission may, with the previous approval of the Central Government, transfer from the first mentioned fund the excess amount or such part thereof as may be necessary to the other fund. Explanation.--For the purpose of computing the amount in any of the said funds, the amount received under section 17A shall not be taken into account. (1B) The sums credited under sub-section (1) ,-- (a) to the khadi fund, shall be applied for the purposes relating to khadi; (b) to the village industries fund, shall be applied for the purposes relating to village industries and products of handicrafts; (c) to the general and miscellaneous fund, shall be applied for the purposes relating to khadi and village industries and for meeting the salary, allowances and other remuneration of the members, officers and other employees of the Commission and other administrative expenses of the Commission.] (2) Except as otherwise directed by the Central Government, all moneys belonging to such funds shall be deposited in the Reserve Bank of India or with the agents of the Reserve Bank of India or, where there is neither an office of the Reserve Bank of India nor an agent of the Reserve Bank of India, in a Government Treasury, or be invested in such securities as may be approved by the Central Government. ### 19. Power of the Commission to spend. Subject to the provisions of section 20 the Commission shall have power to spend such sums as it thinks fit on purposes authorized by this Act: Provided that nothing in this section shall be deemed to prevent the Commission from spending, with the previous approval of the Central Government, such moneys, as it thinks fit on any such purpose outside the territories to which this Act extends. ### 19A. [ Standing Finance Committees. [Inserted by Act 32 of 1961, Section 11] (1) There shall be constituted from among the members of the Commission in the prescribed manner, a Standing Finance Committee in respect of each of the [three funds] [Substituted by Act 12 of 1987, Section 11, (w.e.f. 1.4.1988)] referred to in section 18. [Provided that the Chief Executive Officer and Financial Adviser shall be ex-officio members of the Standing Finance Committee in respect of each of the three separate funds referred to in subsection (1) of section 18] [Inserted by Act 10 of 2006 (w.e.f. 22.3.2006) ] (2) The Standing Finance Committee shall exercise such of the powers of the Commission under section 19 as are delegated to it by the Commission.] ### 19B. [ Recovery of monies due to the Commission as arrears of land-revenue. [Inserted by Act 32 of 1961, Section 11] (1) Any sum payable to the Commission under any agreement express or implied, or otherwise howsoever, may be recovered in the same manner as an arrear of land-revenue. (2) If any question arises whether a sum is payable to the Commission within the meaning of sub-section (1), it shall be referred to a Tribunal constituted by the Central Government for the purpose which shall, after making such inquiry as it may deem fit and after giving to the person by whom the sum is alleged to be payable an opportunity of being heard, decide the question; and the decision of the Tribunal shall be final and shall not be called in question by any court or other authority. (3) The Tribunal shall consist of one person who is not connected with the Commission or with the person by whom the sum is alleged to be payable. (4) The expenses of the Tribunal shall be borne by the Commission.] ### 20. Budget. (1) The Commission shall, by such date in each year as may be prescribed, prepare and submit to the Central Government for approval [three separate budgets] [Substituted by Act 12 of 1987, Section 13 (w.e.f. 1.4.1988)] in the prescribed form for the next financial year, to be called the khadi budget [, the village industries budget and the general and miscellaneous budget] [Substituted by Act 12 of 1987, Section 13 (w.e.f. 1.4.1988)] , showing the estimated receipts and expenditure in respect of khadi [,village industries and products of handicrafts and khadi and village industries respectively] [Substituted by Act 12 of 1987, Section 13 (w.e.f. 1.4.1988)] during that financial year. (2) Subject to the provisions of sub-sections (3) and (4), no sum shall be expended by or on behalf of the Commission unless the expenditure is covered by a specific provision in the budget approved by the Central Government. (3) [ The Commission may within the respective limits of the khadi budget, the village industries budget and the general and miscellaneous budget, sanction any reappropriation from one head of expenditure to another or from a provision made for one scheme to that in respect of another, but subject to the proviso to sub-section (1) of section 18, in no case shall a reappropriation of fund be made from one budget to any of the other two budgets: Provided that no reappropriation from the head "Loan" to any other head of expenditure and vice versa in any of the budgets shall be sanctioned by the Commission, except with the previous approval of the Central Government.] [Substituted by Act 12 of 1987, Section 13 (w.e.f. 1.4.1988)] (4) The Commission may, within such limits and subject to such conditions as may be prescribed, incur expenditure in excess of the limit provided in the budget approved by the Central Government under any head of expenditure or in connection with any particular scheme, so long as the aggregate amount in [the budget] [Substituted by Act 12 of 1987, Section 13 (w.e.f. 1.4.1988)] approved by the Central Government is not exceeded. ### 21. Borrowing of money. Subject to such rules as may be made in this behalf, the Commission shall have power to borrow on the security of the khadi fund or the village industries fund or any other asset for any purposes for which such funds may be applied. ### 22. Transfer of liabilities and obligations to the Commission. All liabilities incurred by, all contracts entered into with, and all matters and things engaged to be done by, or for, the Central Government in connection with the development of khadi or village industries at any time after the 14th day of January, 1953, and before the commencement of this Act, shall, after such commencement, be deemed to have been incurred by, entered into with, or engaged to be done by, or for, the Commission. ### 23. Accounts and audit. (1) The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the profit and loss account and the balance-sheet in 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 Commission shall be audited by the Comptroller and Auditor-General of India at such intervals as may be prescribed by him. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Commission shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Commission. (4) The accounts of the Commission as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament. ### 24. Returns and reports. (1) The Commission shall furnish to the Central Government, at such time and in such form and manner as may be prescribed or as the Central Government may direct, such returns and statements and such particulars in regard to any proposed or existing programme for the promotion and development of khadi and village industries, as the Central Government may, from time to time, require. (2) Without prejudice to the provisions of sub-section (1), the Commission shall, as soon as possible after the end of each financial year, submit to the Central Government a report, in such form and before such date as may be prescribed, giving a true and full account of its activities, policy and programme during the previous financial year. (3) A copy of the report received under sub-section (2) shall be laid before each House of Parliament. Chapter V Miscellaneous ---------------------------- ### 24A. [ Exemption from liability to pay income-tax. [Inserted by Act 29 of 1977, Section 34 (w.e.f. 1-4-1962)] Notwithstanding anything contained in the Income-tax Act, 1961 ( 43 of 1961 ), the Commission shall not be liable to pay any income-tax on its income, profits or gains.] ### 25. Dissolution of the Commission. (1) The Central Government may, by notification in the Official Gazette, direct that the Commission shall be dissolved from such date as may be specified in the notification and thereupon the Commission shall be deemed to be dissolved accordingly. (2) On and from the said date-- (a) all properties and funds which, immediately before the said date, were in the possession of the Commission for the purposes of this Act shall vest in the Central Government; and (b) all members shall vacate their office as members of the Commission. (3) [ Any time after the issue of the notification under sub-section (1), the Central Government may re-establish the Commission in accordance with the provisions of section 4 and on and from the date of the re-establishment of the Commission, the properties and funds which had previously vested in the Central Government under clause (a) of sub-section (2) shall stand vested in the Commission so re-established] [Inserted by Act 10 of 2006 (w.e.f. 22.3.2006) ] ### 26. Power to make rules. (1) The Central Government may, by notification in the Official Gazette, make [rules] [for Khadi and Village Industries Commission Rules, 1957, see S.R.O. 1006, dt. 30-3-1957, published in Gazette of India, 1957, Extra Pt. II, Section 3, p. 1337 ] to give effect to the provisions of this Act. (2) In particular, and without prejudice to the generality of the fore-going power, such rules may provide for all or any of the following matters, namely:-- (a) [ the manner of filling casual vacancies among the members of the Commission and the terms and conditions of service of the chairman, the Chief Executive Officer, the Financial Adviser and other members of the Commission including the salary and allowances to be paid to them and the travelling and daily allowances to be drawn by them when they are on tour;] [Substituted by Act 12 of 1987, Section 14 (w.e.f. 24.7.1987)] (aa) [ the powers to be exercised and functions to be discharged by the Chief Executive Officer under sub-section (1) of section 5; [Inserted by Act 10 of 2006 (w.e.f. 22.3.2006) ] (ab) the financial matters in respect of which the Financial Adviser shall be in charge under section 5A; (ac) the transaction of business at the meetings of the Board under sub-section (2) of section 10] (b) [\\\] [Omitted by Act 12 of 1987, Section 14, (w.e.f. 24.7.1987)] the procedure to be followed in removing a member who is or becomes subject to any disqualification; (c) the term of office and other conditions of service of, the procedure to be followed in the discharge of functions by, and the manner of filling casual vacancies among, members of the Board; (cc) [ \\\] [Inserted by Act 32 of 1961, Section 13. ] (d) [ \\\] [Inserted by Act 32 of 1961, Section 13. ] (dd) [ the constitution of the Standing Finance Committees under sub-section (1) of section 19A; [Omitted by Act 12 of 1987, Section 14, (w.e.f. 24.7.1987)] (ddd) the procedure to be followed by the Tribunal in deciding questions referred to it under sub-section (2) of section 19B;] (e) the date by which, and the form in which, the budget shall be prepared and submitted in each year under sub-section (1) of section 20; (f) the procedure to be followed for placing the Commission in possession of funds; (g) the procedure to be followed and the conditions to be observed in borrowing moneys or in granting loans; (h) the conditions subject to which, and the mode in which, contracts may be entered into by or on behalf of the Commission; (i) the form and manner in which the accounts of the Commission shall be maintained under sub-section (1) of section 23; (j) the form and manner in which the returns, reports or statements shall be submitted under section 24; and (k) any other matter which has to be, or may be, prescribed. [\* \* \* \* \] [Sub-section (3) omitted by Act 12 of 1987, Section 14 (w.e.f. 24.7.1987)] ### 27. Power to make regulations. (1) The Commission may, with the previous sanction of the Central Government, by notification in the Official Gazette, make regulations, not inconsistent with this Act and the rules made thereunder, for enabling it to discharge its functions under this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-- (a) the terms and conditions of appointment and service and the scales of pay of officers and servants of the Commission, other than [the Chief Executive Officer] [Substituted by Act 12 of 1987, Section 15 (w.e.f. 24.7.1987)] and the Financial Adviser to the Commission, including payment of travelling and daily allowances in respect of journeys undertaken by such officers and servants for the purposes of this Act; (b) the time and place of meetings of the Commission, the procedure to be followed in regard to transaction of business at such meetings and the quorum necessary for the transaction of such business at a meeting; (ba) [ the transaction of business at the meetings of the Zonal Committee under sub-section (2) of section 12A] [Inserted by Act 10 of 2006 (w.e.f. 22.3.2006) ] (bb) [ the summoning and holding of meetings, and the conduct of business of a Standing Finance Committee;] [Inserted by Act 32 of 1961, Section 14] (c) the delegation of powers and duties to [\ \* \*] [Certain words [the Chief Executive Officer or] omitted by Act 10 of 2006 (w.e.f. 22.3.2006)] any employee of the Commission; (d) the maintenance of minutes of meetings of the Commission and of the Board and the transmission of copies thereof to the Central Government; (e) the persons by whom, and the manner in which, payments, deposits and investments may be made on behalf of the commission; (f) the custody of moneys required for the current expenditure of the Commission and investment of moneys not so required; (g) the maintenance of accounts; and (h) the form in which certificates of genuineness of khadi and products of village industries may be granted by the Commission [and the fees chargeable in respect thereof.] [Inserted by Act 32 of 1961, Section 14] (2A) [ The power to make regulations under this section with respect to the terms and conditions of service and the scales of pay and pension to be paid to the employees of the Commission shall include the power to give retrospective effect from a date not earlier than the commencement of this Act, to such regulations or any of them but no retrospective effect shall be given to any such regulation so as to prejudicially affect the interest of any person to whom such regulation may be applicable.] [Inserted by Act 12 of 1987, Section 15, (retrospectively) ] (3) The Central Government may, by notification in the Official Gazette, rescind any regulation which it has sanctioned and thereupon the regulation shall cease to have effect. \| \| \| --- \| \| Additional Information6 \| \| \| \| --- \| \| For Khadi and Village Industries Commission (Contributory Provident Fund) Regualtions, 1958, see Gazette of India, 1958, Pt. II, Sec.3 (ii) , p. 818; and for Khadi and Village Industries Commission Regulations, 1958, see Gazette of India, 1958, see Gazette of India, 1958, Pt. II Section 3 (i), p. 733; for Khadi and Village Industries Commission Employees (Medical Attendence) Regualtions, 1961, see Gazette of India, 9-9-1961. Pt. II, Section 3(i), p. 1352; for Khadi and Village Industries Commission Employees (Conduct, Discipline and Appeal) Regualtions, 1961, see Gazette of India, 30-9-1961, Pt. II, Section 3(i), p. 1424. \| ### 28. [ Rules and regulations to be laid before Parliament. [Inserted by Act 12 of 1987, Section 16, (w.e.f. 24.7.1987)] Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.] THE SCHEDULE [See section 2(h) ] [Substituted by Act 12 of 1987, Section 17, (w.e.f. 24.7.1987)] ### 1. Bee keeping. ### 2. Cottage match industry. ### 3. Cottage pottery industry. ### 4. Cottage soap industry. ### 5. Flaying, curing and tanning of hides and skins and ancillary industries connected with the same and cottage leather industry. ### 6. Ghani oil industry. ### 7. Hand-made paper. ### 8. Manufacture of cane-gur and khandsari. ### 9. Palm-gur making and other palm-products industry. ### 10. [ Processing of cereals, pulses, spices, condiments, masalas etc.] [Substituted by G.S.R. 1101, dtd. 16.8.1979 - Ga. of India, 1-9-1979, Pt. II-section 3(i) , p. 2098 ] (i) [ Manufacure of shellac; [Added by S.O. 3232 published in Gazette of India, 16-10-1965, Pt. II, Section 3(ii) , Page 3400.] (ii) Collection of forest plants and fruits for medicinal purposes; (iii) Fruit-processing and fruit preservation (iv) Bamboo and cane-work; (v) Blacksmithy; (vi) Carpentry; and (vii) Fibre other than coir.] [Manufacture and use of manure and methane gas from cowdung and other waste products (such as flesh and dead animals, night soil, etc.)] [Added by S.O. 1031, Gazette of India, 20-4-1960, Pt. II, Sec 3(ii) , Page 1348.] [Cottasge industry of limestone and its products.] [Added by S.O. 1342, Gazette of India, 1960, Pt. II, Section 3(ii) , Page 1645. ] [Manufacture of household utensils of aluminium.] [Added by S.O. 3647, Gazette of India, 27-11-1965, Pt. II, Section 3(ii) , Page 3830] [Manufacture of gum resines; manufacture of katha.] [Added by S.O. 92, Gazette of India, 8-1-1966, Pt. II, Section 3(ii) , page 98 ] [Lime Stone, Lime Shell and other Lime Products industry.] [Added by G.S.R. 685(E) of 1977 - Gazette of India, 7-11-1977, Pt. II-Section 3(i), Ext. Page 2147 ] [Manufacture of Lokvastra cloth.] [Added by G.S.R.6 (E) , Gazette of India, 4-1-1978, Pt. II-Section 3(i), Ext. Page 13] [Processing of maize and Ragi.] [Added by G.S.R.366, Gazette of India, 29-3-1980, Pt. II-Section 3(i) , Page 714 ] [Manufacture of Rubber Goods (Dipped Latex Products)] [Substituted for heading by Khadi and Village Industries (Amendment) Act (12 of 1987), Section 17(24-7-87). ]
65b9c0dcab84c7eca86e9df0	acts	State of Rajasthan - Act -------------------------- The Rajasthan Bhoodan Yagna Board (Reconstitution) Order, 1960 ---------------------------------------------------------------- RAJASTHAN India The Rajasthan Bhoodan Yagna Board (Reconstitution) Order, 1960 ================================================================ Rule THE-RAJASTHAN-BHOODAN-YAGNA-BOARD-RECONSTITUTION-ORDER-1960 of 1960 -------------------------------------------------------------------------- * Published on 15 April 1960 * Commenced on 15 April 1960 The Rajasthan Bhoodan Yagna Board (Reconstitution) Order, 1960 Published vide Notification Gazette of India, Extraordinary, 1960, Part 2, Section 3(i) , p. 159 (w.e.f. 15th April, 1960). G.S.R 406, dated 6th April, 1960. - In exercise of the powers conferred by sub-section (1) of Section 4 of the Inter-State Corporations Act, 1957 (38 of 1957), the Central Government, after consulting the Governments of the States of Madhya Pradesh and Rajasthan approves the scheme forwarded by the Rajasthan Government relating to the reconstitution of the Rajasthan Bhoodan Yagna Board, a Corporation constituted under the Rajasthan Bhoodan Yagna Act, 1954 (Rajasthan Act 16 of 1954) and now functioning in parts of the State of Rajasthan and Madhya Pradesh and for the purpose of giving effect to the said scheme, the Central Government hereby makes the following Order, namely:- ### 1. Short title and commencement. - (i) This Order may be called the Rajasthan Bhoodan Yagna Board (Reconstitution) Order, 1960; (ii) It shall come into force on the 15th day of April, 1960. ### 2. Definitions. - In this Order, unless the context otherwise requires,- (a) "appointed day" means the date on which this Order comes into force; (b) "Board" means the Bhoodan Yagna Board constituted under the Rajasthan Bhoodan Yagna Act, 1954 (Rajasthan Act 16 of 1954); (c) "Sironj area" means the Sironj sub-division specified in Clause (c) of subsection (1) of Section 9 of the States Reorganisation Act, 1956 (37 of 1956). ### 3. Exclusion of Sironj area from the operation of the Board. - As from the appointed day, the Board shall cease to function and operate in the Sironj area. ### 4. Adaptation and modification of the Rajasthan Bhoodan Yagna Act, 1954. - As from the appointed day, the Rajasthan Bhoodan Yagna Act, 1954 (Rajasthan Act 16 of 1954), shall have effect subject to the modification indicated below:- Section 1. - In sub-section (2) of Section 1, the words, brackets, figures and letter "excluding the Sironj sub-division specified in Clause (c) of sub-section (1) of Section 9 of the States Reorganisation Act, 1956 (37 of 1956)" shall be added at the end.
65ba88f2ab84c7eca86ebf49	acts	Union of India - Act ---------------------- The Railway Companies (Emergency Provisions) Act, 1951 -------------------------------------------------------- UNION OF INDIA India The Railway Companies (Emergency Provisions) Act, 1951 ======================================================== Act 51 of 1951 ---------------- * Published on 14 September 1951 * Commenced on 14 September 1951 The Railway Companies (Emergency Provisions) Act, 1951 ACT NO. 51 OF 1951 ### 27. /1391 Although all the major Railways in the country are now under government management a few narrow gauge light Railways are still being managed by private companies, Government have statutory control over these Railways in respect of fares and freight rates, and may enforce safety regulations under the Indian Railways Act, 1890; but they have no power to ensure that the day to day administration of the Railways by the companies is in the best interests of the public. Of late Government have been receiving complaints regardng mismanagement by some of these companies thereby causing a great deal of inconvenience to the normal life of the community. It became imperative, therefore, that Government should, in the public interest, take powers to intervene in cases where in the opinion of Government a situation has arisen in the affairs of a Railway Company which prejudicially affects the convenience of persons using the Railway or causes serious dislocation in any trade or industry using the Railway or causes serious unemployment among the persons employed on the Railway. An Ordinance entitled the Railway Companies (Emergency Provisions) Ordinance 1951, was accordingly promulgated on the 14th July 1951. The Ordinance was of a general nature and provided for the application thereof to a delinquent Railway Company by a notified order. The result of such a notification would be that Government is enabled to appoint a new board of directors for the Railway Company in supersession of the existing board of directors and any contract of management between the Railway Company and any managing agent would be automatically terminated. The intention underlying these provisions is that the company should he put hack into its normal position when it would he possible to restore the management of the company to its old board of directors or to a new hoard of directors appointed in pursuance of a resolution passed by the shareholders of the company. The Ordinance contains the usual provision for delegation of powers so that in suitable cases power could be delegated to the State Government to administer the affairs of a Railway company within its jurisdiction, the management of which has to be taken over by the Government. In the case of the Baraset Basirhat Light Railway Company which owns a narrow gauge line about 52 miles long in West Bengal, the Government of West Bengal caused an investigation to be made into the affairs of the company by a high level committee who found considerable evidence of serious mismanagement in the affairs of the company which culminated in a labour strike and consequent suspension of railway service from the 14th April, 1951. The Ordinance was therefore, made applicable to this Railway Company and powers in respect of this company have been delegated to the Government of West Bengal under the Ordinance. The present Bill seeks to replace the Ordinance and to validate all action taken thereunder". - Gazette of India, 1951, Pt. II Section 2, p. 616. [14th September, 1951] An Act to make provision for the proper management and administration of railway companies in certain special cases. ### 1. Short title, extent and application. (1) This Act may be called the Railway Companies (Emergency Provisions) Act, 1951. (2) It [extends] [It has been extended to the Union Territory of Pondicherry by Regn. 7 of 1963, section 3 and Sch. (1-10-1963) ] to the whole of India except the State of Jammu and Kashmir. (3) It applies to every railway company in respect of which a notified order has been issued under section 3. ### 2. Definitions. In this Act, unless the context otherwise requires,-- (a) "Companies Act" means the Indian Companies Act, 1913 (7 of 1913.); (b) "directors" means the directors appointed under section 3; (c) "notified order" means an order notified in the Official Gazette; (d) "prescribed" means prescribed by rules made under this Act; (e) "railway company" means any company registered under the Companies Act or any law repealed thereby for the purpose of making and working or making or working a railway, whether alone or in conjunction with other purposes. ### 3. Power of Central Government to apply Act to any railway company and to appoint directors thereof. (1) Where the Central Government is of opinion that a situation has arisen in the affairs of a railway company which-- (a) has prejudicially affected the convenience of persons using the railway administered by the railway company, or (b) has caused serious dislocation in any trade or industry using the railway, or (c) has caused serious unemployment amongst a section of the community, or when, in the opinion of the Central Government, it is necessary in the national interest the Central Government may, by notified order, apply the provisions of this Act to the railway company and appoint as many persons as it thinks fit to be directors of the railway company for the purpose of taking over its management and administration. (2) The power to appoint directors under this section includes the power to appoint any individual, firm or company to be the managing agent of the railway company on such terms and conditions as to the Central Government may seem fit. \| \| \| --- \| \| The Act comes into force in Pondicherry on 1.10.1963 vide Reg. 7 of 1963, Section 3 and Sch. I. \| ### 4. Effect of notified order appointing directors or managing agents. On the issue of a notified order under section 3,-- (a) all persons holding office as directors of the railway company immediately before the issue of the notified order shall be deemed to have vacated their offices as such; (b) any contract of management between the railway company and any managing agent thereof holding office as such immediately before the issue of the notified order shall be deemed to have terminated; (c) the managing agent, if any, appointed under this Act shall be deemed to have been duly appointed in pursuance of the Companies Act and the memorandum and articles of association of the railway company, and the provisions of the Companies Act and of the memorandum and articles shall, subject to the other provisions contained in this Act, apply accordingly, but no such managing agent shall be removed from office except with the previous consent of the Central Government; (d) the directors shall take such steps as may be necessary to take into their custody or under their control all the property, effects and actionable claims to which the railway company is, or appears to be, entitled, and all the property and effects of the railway company shall be deemed to be in the custody of the directors as from the date of the notified order; (e) the directors shall be for all purposes the directors of the railway company duly constituted under the Companies Act, and shall alone be entitled to exercise all the powers of the directors of the railway company, whether such powers are derived from the Companies Act or from the memorandum or articles of association of the railway company or from any other source. ### 5. Powers and duties of directors. (1) Subject to the control of the Central Government, the directors shall take such steps as may be necessary for the purpose of efficiently managing the business of the railway company and, in particular, the directors shall have power, notwithstanding anything contained in the Companies Act or in the memorandum or articles of association of the railway company,-- (a) to choose one of their number to be the chairman, and to delegate to him or to any one or more of the directors all or any of their powers; (b) with the previous approval of the Central Government and subject to such conditions as that Government may think fit to impose, to raise funds in such manner and offer such security therefor as they think fit; (c) to carry out such repairs as may be necessary in respect of any machinery, rolling-stock, buildings, works or other property in their custody; (d) to do all acts necessary for making, maintaining, altering or repairing and using the railway of the railway company; (e) to employ such persons as may be necessary for enabling them to efficiently discharge their duties, and define the conditions of service of such employees. (2) The directors may, with the previous sanction of the Central Government, cancel or vary, either unconditionally or subject to such conditions as they think fit to impose, any contract or agreement entered into between the railway company and any other person at any time before the issue of the notified order under section 3, if such contract or agreement had been entered into in bad faith and is detrimental to the interests of the railway company. ### 6. Statement of affairs to be made to directors. (1) On the issue of a notified order under section 3, there shall be made out and submitted to the directors a statement as to the affairs of the railway company, verified by affidavit and containing the following particulars, namely:-- (a) the assets of the railway company, stating separately the cash balance in hand and at the bank, if any; (b) the debts and liabilities; (c) the names, residences and occupations of the creditors, stating separately the amount of secured debts and unsecured debts and, in the case of secured debts, the particulars of the securities, their value and the dates when they were given; (d) the debts due to the railway company and the names, residences and occupations of the persons from whom they are due and the amount likely to be realised therefrom; (e) such other particulars as may be prescribed. (2) The statement shall be submitted by one or more of the persons who was or were holding office as a director or as directors of the railway company immediately before the issue of the notified order under section 3 or by the secretary, manager or other chief officer of the railway company who was holding office as such before the issue of the notified order as the directors may require in each case, and the statement shall be submitted within such time as may be so required. (3) If any person, without any reasonable excuse, knowingly and wilfully makes default in complying with the requirements of this section, he shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five hundred rupees, or with both. ### 7. Statements by beneficial owners of shares of railway company. Any person who has any interest in any share of the railway company which stands in the name of another person in the register of shareholders of the railway company shall, within such period as may be specified by the Central Government by notified order, make a declaration in such form as may be prescribed (which shall be countersigned by the person in whose name the share is registered) to the railway company declaring his interest in the share, and notwithstanding anything contained in any other law or in any contract to the contrary, a person who fails to make a declaration as aforesaid in respect of any share shall be deemed to have no right or title whatsoever in or to that share: Provided that nothing in this section shall affect the right of any person who has an interest in any such share to establish in a Court his right thereto if the person in whose name the share is registered refuses to sign that declaration as required by this section. ### 8. Power of directors to institute proceedings against past directors, etc., for damages. (1) The directors may, if they are satisfied that it is necessary in the interests of the railway company or in the public interest so to do, institute in the name of the railway company such proceedings as they think fit for the recovery of damages for any fraud, misfeasance or other misconduct in connection with the management of the affairs of the railway company committed by any person before the issue of the notified order under section 3 or for the recovery of any property of the railway company which has been misapplied or wrongfully retained by any person. (2) No director shall be personally liable for any costs or expenses incurred in connection with any proceedings instituted by virtue of this section. ### 9. Penalties. If any person wilfully destroys or fails to deliver to the directors when required any books of account, registers or any other documents in his custody relating to the business of the railway company or retains any property of the railway company, he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both. ### 10. Filling up of vacancies among directors. (1) Casual vacancies occurring in the body of directors, whether caused by death, resignation or otherwise, shall be filled by nomination by the Central Government. (2) No act of the directors shall be called in question on the ground merely of the existence of any vacancy among the directors or any defect in the appointment of any of them. ### 11. No right to compensation for termination of contract of managing agent or any other contract. (1) Notwithstanding anything contained in the Companies Act or in any other law for the time being in force, no managing agent shall be entitled to any compensation for the premature termination under this Act of any contract of management entered into by him with the railway company, and no person shall be entitled to compensation in respect of the cancellation or variation under this Act of any other contract or agreement. (2) Nothing contained in sub-section (1) shall affect the right of any such managing agent or person to recover from the railway company moneys recoverable otherwise than by way of such compensation. ### 12. Cancellation of appointment of directors. (1) If at any time it appears to the Central Government that the purpose of the notified order appointing the directors has been fulfilled or that for any other reason it is unnecessary that the notified order should remain in force, the Central Government may, by notified order, cancel the appointment of directors made under this Act. (2) On the cancellation of any such appointment as is referred to in sub-section (1), the Central Government may-- (a) direct that all the property, effects and actionable claims of the railway company shall revest in the persons in whom they were vested before the issue of the notified order under section 3; or (b) reconstitute by fresh appointment a new body of persons to take charge of the management and administration of the whole affairs of the railway company, whether as directors or managers or in any other capacity: Provided that no such direction or fresh appointment shall be made except in pursuance of a resolution passed by the shareholders of the railway company at a meeting called for the purpose by the directors appointed under section 3. (3) The Central Government may, at any time before the issue of the notified order under sub-section (1), take such action as may be necessary under clause (b) of sub-section (2) for the purpose of making any fresh appointments. ### 13. Application of the Companies Act. (1) Notwithstanding anything contained in the Companies Act or in the memorandum or articles of association of the railway company, but subject to the other provisions contained in this Act,-- (a) it shall not be lawful for the shareholders of the railway company or any other person to nominate or appoint any person to be a director of the railway company; (b) no resolution passed at any meeting of the shareholders of the railway company shall be given effect to unless approved by the Central Government; (c) no proceeding for the winding-up of the railway company or for the appointment of a receiver in respect thereof shall lie in any Court, unless by or with the sanction of the Central Government. (2) Subject to the provisions contained in sub-section (1) and to the other provisions contained in this Act and subject to such exceptions, restrictions and limitations as the Central Government may by notified order specify, the Companies Act shall continue to apply to the railway company in the same manner as it applied thereto before the issue of the notified order under section 3. ### 14. Effect of Act on other laws. The provisions of this Act and of any notified order made thereunder shall have effect notwithstanding anything inconsistent therewith in any other law for the time being in force or in the memorandum or articles of association of the railway company or in any other instrument having effect by virtue of any law other than this Act, but save as aforesaid the provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being applicable to the railway company. ### 15. Directors to be public servants. Every director appointed under section 3 shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. (45 of 1860) ### 16. Delegation of powers. The Central Government may, by notified order, direct that all or any of the powers exercisable by it under this Act, except the powers given to it under section 3 to apply the provisions of this Act to any railway company or the powers given to it under section 12 or section 18, may be exercised by any State Government, and where any powers are so delegated, they shall be exercised subject to such directions as the Central Government may issue from time to time. ### 17. Protection of action taken under Act. (1) No suit, prosecution or other legal proceeding shall lie against any director in respect of anything which is in good faith done or intended to be done in pursuance of this Act. (2) No suit or other legal proceeding shall lie against the Central Government or any State Government or any director for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act. ### 18. Power of Central Government to acquire railway of railway company. (1) Where under any instrument, having effect by virtue of any law other than this Act or by virtue of an agreement arrived at between the parties, provision is made for the purchase by a person or local authority or the State Government of a railway which is the property of a railway company on payment of the value thereof calculated in the manner and subject to the conditions specified in the instrument, the Central Government shall also have the same right to purchase the railway on the same terms and subject to the same conditions as the person, local authority or the State Government has under the instrument. (2) If in respect of any railway the Central Government exercises its right of purchase under this section, any person, local authority or State Government, in whom or in which a similar right is vested under the instrument, shall be deemed to have become disentitled to exercise the same. ### 19. Power to make rules. (1) The Central Government may by notified order, make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, any rules made under sub-section (1) may provide for- - (a) the manner in which or the conditions subject to which the directors or managing agents of a railway company may exercise their powers under this Act; (b) the additional particulars which a statement under section 6 should contain; (c) the form in which a declaration under section 7 may be made; (d) the appointment of a Railway Local Advisory Committee; (e) the manner in which books of account shall be maintained by the directors and audited; (f) the submission of specified or periodical returns and reports by the directors to any specified authority in connection with the affairs of the railway company; (g) the conduct of business of the directors appointed by notified order and for the recruitment and employment of officers and staff. (3) [ Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the year 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.] [Inserted by Act 4 of 1986, Section 2 and Sch. (w.e.f. 15.5.1986). ] ### 20. Repeal of Ordinance 2 of 1951. The Railway Companies (Emergency Provisions) Ordinance, 1951 (2 of 1951.) is hereby repealed: Provided that the repeal shall not affect-- (a) the previous operation of the said Ordinance, or (b) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Ordinance, or (c) any investigation, legal proceeding or remedy in respect of any such penalty, forfeiture or punishment, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture, or punishment may be imposed as if this Act had not been passed: Provided further that, subject to the preceding proviso, anything done or any action taken (including any notified order issued, appointment made or direction given under the said Ordinance) shall be deemed to have been done or taken under the corresponding provision of this Act and shall continue in force accordingly, unless and until superseded by anything done or any action taken under this Act.
65b9270dab84c7eca86e8712	acts	State of Uttar Pradesh - Act ------------------------------ The Industrial Employment (Standing Order) (Uttar Pradesh Amendment) Act, 2017 -------------------------------------------------------------------------------- UTTAR PRADESH India The Industrial Employment (Standing Order) (Uttar Pradesh Amendment) Act, 2017 ================================================================================ Act 16 of 2018 ---------------- * Published on 31 January 2018 * Commenced on 31 January 2018 The Industrial Employment (Standing Order) (Uttar Pradesh Amendment) Act, 2017 (U.P. Act 16 of 2018 ) Statement of Objects and Reasons. - The Industrial Employment (Standing Order) Act, 1946 has been enacted by the Central Government to provide for requiring employers in industrial establishments formally to define conditions of employment under them and to make the said conditions known to workmen employed by them. Form the last decade there has been a growing demand for introduction of provision for compounding of small offences in order to avoid unnecessary litigation and to reduce the number of cases pending in courts. After due consideration and consultation with association of employers and trade unions, it has been decided to amend the said Act to provide for compounding the first offence on payment of fifty per cent of the fine as compounding fee along with prescribed fine for the offence under the aforesaid Act. The Industrial Employment (Standing Order) (Uttar Pradesh Amendment) Bill, 2017 is introduced accordingly. (As passed by the Uttar Pradesh Legislature) Received the assent of the President on January 9, 2018 and published in the U.P. Gazette, Extra., Part I, Section (Ka) , dated 31st January, 2018, p. 3. An Act further to amend the Industrial Employment (Standing Order) Act, 1946 in its application to Uttar Pradesh It is hereby enacted in the Sixty-eight Year of the Republic of India as follows - ### 1. Short title and extent (1) This Act may be called the Industrial Employment (Standing Order) (Uttar Pradesh Amendment) Act, 2017. (2) It shall extend to the whole of Uttar Pradesh. ### 2. Insertion of Section 13-C in Act 20 of 1946 - After Section 13-B of the Industrial Employment (Standing Order) Act, 1946 the following section shall be inserted, namely - "13-C. Composition of offences - (1) Any offence punishable under this Act shall be compounded on the application of accused either before or after institution of prosecution by a competent authority notified by the State Government in this regard, after imposing 50% of the fine for the offence as compounding fee along with the prescribed fine: Provided that remedy for compounding shall be available for the first offence only. (2) Every officer referred to in sub-section (1) shall exercise the power to compound an offence, subject to direction, control and supervision of the State Government. (3) Every application for the compounding of an offence shell be made in such form and in such manner as may be prescribed. (4) 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 relation to whom the offence is so compounded. (5) Where the composition of any offence is made after the institution of any prosecution, such composition shall be brought by the officer referred to in sub-section (1) in writing to the notice of the court in which prosecution is pending and on such notice of the composition of the offence being given, the person against whom the offence is so compounded shall be discharged.".
65b9e1c8ab84c7eca86ea2c1	acts	State of Assam - Act ---------------------- Assam Preventive Detention Act, 1980 -------------------------------------- ASSAM India Assam Preventive Detention Act, 1980 ====================================== Rule ASSAM-PREVENTIVE-DETENTION-ACT-1980 of 1980 -------------------------------------------------- * Published on 19 July 1980 * Commenced on 19 July 1980 Assam Preventive Detention Act, 1980 Last Updated 13th February, 2020 [Received the assent of the President on 19th July, 1980] An Act to provide for preventive detention in certain cases and matters connected therewith. In exercise of the Powers conferred by section 3 of the Assam State Legislature (Delegation of Powers) Act, 1980 (38 of 1980) the President is pleased to enact as follows: - ### 1. Short title and extent. (1) This Act may be called the Assam Preventive Detention Act, 1980. (2) It extends to the whole of the State of Assam. ### 2. Definitions. - In this Act, unless the context otherwise requires, - (a) "Advisory Board" means the Board constituted under section 9; (b) "Detention order" means an order made under section 3; (c) "State" means the State of Assam; (d) "State Government" means the State Government of Assam. ### 3. Power to make orders detaining a certain persons. (1) The State Government or any officer of the State Government not below the rank of a Secretary to the State Government or a District Magistrate may if satisfied with respect to any persons that with a view to preventing him from acting in any manner prejudicial to the security of the State, the maintenance of public order or the maintenance of supplies and service essential to the community, it is necessary so to do, make an order directing that such person be detained: Provided that no order of detention shall be made under this Sub-section with respect to any person with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community, and for the purposes of the proviso the expression "acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community" shall have the same meaning as in the Explanation to Sub-section (1) of section 3 of the Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Central Act of 1908). (2) When any order is made under the preceding Sub-section by any officer mentioned herein, he shall forthwith report the fact to the State Government together with the grounds on which the order has been made and such other particulars as in his opinion have a bearing on the matter, and no such order shall remain in force for more than twelve days after the making thereof unless in the meantime it has been approved by the State Government: Provided that where under section 8 the grounds of detention are communicated by the officer making the order after five days but not later than ten days from the date of detention this sub-section shall apply subject to the modification that for the words "twelve days", the words "fifteen days" shall be substituted Central Act 2 of 1974; ### 4. Execution of detention order. - A detention order may be executed at any place in India in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974). ### 5. Powers to regulate place and conditions of detention. - Every person in respect of whom a detention order has been made shall be liable - (a) To be detained in such place and under such conditions, including conditions as to maintenance, discipline and punishment for breaches of discipline, as the State Government may, by general or special order, specify; and (b) To be removed from one place of detention to another place of detention, whether within the State of Assam or in another State, by order of the State Government; Provided that no order shall be made by the State Government under clause (b) for the removal of a person from the State to another State except with the consent of the Government of that other State. ### 6. Detention order not to be invalid or in-operative on certain grounds. - No detention order shall invalid or inoperative merely by reason - (a) That the person to be detained thereunder is outside the limits of he territorial jurisdiction of the State Government or the officer making the order, or (b) That the place of detention of such person is outside the said limits. ### 7. Power in relation to absconding persons. (1) If the State Government or the officer making as order under sub-section (1) of section 3 has reason to believe that a person in respect of whom a detention order has been made has absconded or is concealing himself so that the order cannot be executed the State Government or the officer making the order may - (a) Make a report in writing of the fact to a Judicial Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides, and thereupon the provisions of section 82, 83, 84 and 85 of the Code of Criminal Procedure, 1973, shall apply in respect of the said person and his property as if the order directing that he be detained were a warrant issued by the Magistrate. (b) By order notified in the official Gazette direct the said person to appear before such officer at such place and within such period as may be specified in the order; and if the said person fails to comply with such direction he shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, informed the officer mentioned in the order of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to one year, or with fine or with both. (2) Notwithstanding anything contained in the Central Act Code of Criminal Procedure, 1973, every offence under clause (b) of sub-section (1) shall be cognizable. ### 8. Grounds of order of detention to be disclosed to person effected by the order. (1) When a person is detained in pursuance a detention order, the authority making the order shall as soon as may be, but ordinarily not later than five days and in exceptional circumstances and for reasons to be recorded in writing not later than ten days from the date of detention, communicate to him the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order to the State Government. (2) Nothing in sub-section (1) shall require the authority to disclose facts which it considers to be against the public interest to disclose. ### 9. Constitution of Advisory Board. (1) The State Government shall constitute one or more Advisory Boards for the purposes of this Act in accordance with the recommendation of the Chief Justice of the Gauhati High Court. (2) Every such Board shall consist of a Chairman who shall be a serving Judge of the Gauhati High Court and of not less than two other members who shall be serving or retired Judges of any high Court. ### 10. Reference to Advisory Board. - In every case where a detention order has been made under this Act the State Government shall within three weeks from the date of detention of a person under the order, place before the Advisory Board, the grounds on which the order has been made and the representation, if any, made by the person affected by the order, and in case where the order has been made by an officer referred to in sub-section (1) of section 3, also the report by such officer under sub-section (2) of that section. ### 11. Procedure of Advisory Board. (1) The Advisory Board shall after considering the materials placed before it and after considering the materials placed before it and after calling for such further information as it may deem necessary from the State Government or from any person called for the purpose through the State Government or from the person concerned and if in any particular case, it considers it essential so to do or if the person concerned desires to be heard after hearing him in person, submit its report to the State Government within seven weeks from the date of detention of the person concerned. (2) The report of the Advisory Board shall specify in a separate part thereof the opinion of the Advisory Board as to whether or not there is sufficient cause for the detention of the person concerned. (3) When there is a difference of opinion among the members of the Advisory Board, the opinion of the majority of such members shall be deemed to be the opinion of the Board. (4) Nothing in this section shall entitle any person against whom a detention order has been made to appear by any legal practitioner in any matter connected with the reference to the Advisory Board. (5) The proceedings of the Advisory Board and the report of the Advisory Board excepting that part of the report in which the opinion of the Advisory Board is specified shall be confidential. ### 12. Action upon the report of Advisory Board. (1) In any case where the Advisory Board has reported that there is in its opinion sufficient cause for the detention of a person, the State Government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit. (2) In any case where the Advisory Board has reported that there is in its opinion no sufficient cause for the detention of the person concerned, the State Government shall revoke the detention order and cause the person to be released forthwith. ### 13. Maximum period of detention. - The maximum period for which any person may be detained in pursuance of any detention order which has been confirmed under section 12 shall be six months from the date of detention but in no case shall exceed the period fixed by law of Parliament, if any: Provided that nothing contained in this section shall affect the power of the State Government to revoke or modify the detention order at any earlier time. ### 14. Revocation or modification of detention order. - Without prejudice to the provision of section 23 of the Assam General Clauses Act, 1915 a detention order made by any officer may, at any time, be revoked or modified by the State Government. (2) The revocation or expiry of a detention order shall not bar the making of a fresh detention order under section 3 against the same person in any case where fresh facts have arisen after the date or revocation or expiry on which the State Government or an officer, as the case may be, is satisfied that such an order should be made. ### 15. Temporary released of persons detained. (1) The State Government may, at any time, direct that any person detained in pursuance of a detention order may be released for any specified period either without conditions or upon such conditions specified in the direction as that person accepts and may, at any time, cancel his release. (2) In directing the release of any person under sub-section 91), the State Government may require him to enter into a bond with or without sureties for the due observance of the conditions specified in the direction. (3) Any person released under sub-section (1) shall surrender himself at the time and place and to the authority, specified in the order directing his release or cancelling his release, as the case may be. (4) If any person fails without sufficient cause to surrender himself in the manner specified in sub-section (3), he shall be punishable with imprisonment for a term which may extend to two years, or with fine or with both. (5) If any person released under sub-section (1) fails to fulfill any of the conditions imposed upon him under the said sub-section or in the bond entered into my him, the bond shall be declared to be forfeited and any person bound thereby shall be liable to pay the penalty thereof. ### 16. Protection of action taken in good faith. - No suit, prosecution or other legal proceedings shall be against the State Government or any officer of the State Government or any other person, for anything in good faith done or intended to be done in pursuance of this Act. ### 17. Procedure of Advisory Board. (1) The Assam Preventive Detention Ordinance, 1980, is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act as if this Act had come into force on the 18th day of April, 1980.
65b9b6d3ab84c7eca86e9b43	acts	State of Rajasthan - Act -------------------------- Rules for the Grant of Subsidy to the Bhaid Poshan Sangh (Sheep Breeders' Association) in Rajasthan, 1959 ----------------------------------------------------------------------------------------------------------- RAJASTHAN India Rules for the Grant of Subsidy to the Bhaid Poshan Sangh (Sheep Breeders' Association) in Rajasthan, 1959 =========================================================================================================== Rule RULES-FOR-THE-GRANT-OF-SUBSIDY-TO-THE-BHAID-POSHAN-SANGH-SHEEP-BREEDERS-ASSOCIATION-IN-RAJASTHAN-1959 of 1959 -------------------------------------------------------------------------------------------------------------------- * Published on 2 February 1961 * Commenced on 2 February 1961 Rules for the Grant of Subsidy to the Bhaid Poshan Sangh (Sheep Breeders' Association) in Rajasthan, 1959 Published vide Notification No. D. 3772/59/F. 1(27) SCA/8, dated January 1, 1961, published in Rajasthan Gazette Part 4(C), dated 2-2-1961, page 624-627 To encourage the Sheep rearing and Wool grading and marketing industry in Rajasthan and also to assist the Sheep Breeders, it is essential that subsidy to the Bhaid Poshan Sanghs (Sheep Breeders' Associations) should be granted, therefore, the following rules are hereby framed:- ### 1. Short title. - These rules shall be called "Rules for grant of subsidy to the Bhaid Poshan Sanghs, Rajasthan", 1959. ### 2. Extent. - These rules shall extend to the whole of Rajasthan. ### 3. Commencement. - These rules shall come into force from the date of their publication in Rajasthan Rajpatra. ### 4. Definitions. - In these rules, unless there is anything repugnant in subject or context:- (i) "Government" means the Government of Rajasthan: (ii) "Form" means the form appended to these rules; (iii) "Department" means the Animal Husbandry Department of Rajasthan; (iv) "Sanctioning Authority" means the Director of Animal Husbandry, Rajasthan or Deputy Director, Sheep and Wool, if he is duly authorised by him to be the sanctioning authority for the purpose of these rules. (v) "Deputy Director" means the Deputy Director, Sheep and Wool: (vi) "Bhaid Poshan Sangh" means a Registered Association for the purpose registered by the Department under the Vidhan of "Bhaid Poshan Sangh". (vii) "Subsidy" means the amount sanctioned by the authority defined at (iv) above. (viii) "Agreement" means the agreement form prescribed by the Department and executed by the "Bhaid Poshan Sangh".k Chapter II ------------ ### 5. Application for subsidy. (a) Application(s) in form 1 shown in the appendix for grant of subsidy shall be made through the Wool Grading Supervisors, II Stock Assistants (Sheep and Wool), III Superintendents Sheep and Wool Extension Centres, IV Supervisors, I.C.A.R. Sheep and Wool Development Scheme, (V) District Animal Husbandry Officer or (VI) Block Development Officers to the Deputy Director of Animal Husbandry Department of the Region concerned. (b) On receipt of these applications, the Deputy Director, Animal Husbandry concerned will examine these applications and will forward them with his comments to the Deputy Director, Sheep and Wool, Rajasthan for consideration. The Deputy Director, Sheep and Wool on receipt of these applications from the Regional Deputy Directors of Animal Husbandry will convene a meeting of a Committee consisting of the following:- ### 1. Deputy Director, Sheep and Wool (Convenor) . ### 2. Nominee of the Rajasthan State, Sheep Breeders Association (Member) . ### 3. Live-stock Development Officer, Rajasthan. The applications thus received will be examined by the Committee. The Committee will forward them with their recommendation to the sanctioning authority. Note. - 1. The applications will be presented to the officers shown in rule 5 (a) in the months of April and October, every year. ### 2. The Regional Deputy Director of Animal Husbandry Department will scrutinise the applications and forward the same with his recommendation to the Deputy Director Sheep and Wool within 15 days. ### 6. Purpose of subsidy . - The subsidy shall be given for the following purposes: I. For measures of prevention and control of diseases among sheep. II. For making available information about the latest market price of wool to the members. III. For solving grazing and other allied sheep problems. IV. For purchasing equipments, medicines and other accessories for the improvement of sheep industry. ### 7. Amount of subsidy. - The following amount of subsidy shall be granted to a Bhaid Poshan Sangh:- (I) Sangh having not less than 500 sheep owned by their members - Rs. 150/- per annum. (II) Sangh having not less than 1,250 sheep owned by their members - Rs. 250/-per annum. Chapter III General ------------------------ ### 8. Unused subsidy amount. - The amount of subsidy if not utilised within a period of three months from the date of payment for the purposes mentioned under rule 6 shall be refunded to the Government. In case of default penal interest at the rate of 6.25% per annum shall also be charged. The recovery of the amount will be made as an arrear of land revenue from the members of the Sangh in case of default. The period of utilisation may be extended by the sanctioning authority in case, satisfactory explanation, is given for not utilising the amount in time. ### 9. Agreement. - At the time of payment the sangh shall execute an agreement in the prescribed form (Appendix II). ### 10. Firnishing of Certificate. - The Sangh will have to furnish utilization Certificate as prescribed under General Financial and Accounts Rules. The Department shall have the right to audit the accounts of the Association. Appendix I Form of application for the Grant of Subsidy to the Bhaid Poshak Sangh (Sheep Breeders Association). ### 1. Name of Association. ### 2. Name of village/villages. ### 3. Name of Tehsil, District. ### 4. Total number of Members. ### 5. Total number of Sheep. ### 6. Purpose for which subsidy is required. ### 7. Amount of requisition. We declare that the above particulars are true to the best of our belief and knowledge and that we agree to abide by the rules applicable for the sanctioning of subsidy. We have received subsidy worth Rs...............on............or we have not received any subsidy so far. Vice-President, Bhaid Poshak Sangh, Remarks by the Dy. Director.................Rajasthan. Appendix II Agreement bond to be executed by the Sheep Breeding Association at the time of payment of subsidy. This agreement is made on the .................. day of 19 ... by.........(Name of Association).....................(hereinafter referred as "Association") in favour of Governor of the State of Rajasthan (hereinafter referred to as "the Government"). Whereas the said association has applied to the Government for grant of a subsidy of Rs.............. for.......the following purposes:- ### 1. ### 2. ### 3. ### 4. under the rules of the Government on the subject for grant of subsidy to Sheep Breeding Association. And whereas the Government has agreed to grant the aforesaid subsidy at the request of the association and on certain terms and conditions, including the conditions that the Association execute an agreement with the covenants hereinafter contained: Now, therefore, these present witness as follows:- ### 1. If the association fails to utilise the subsidy for the purpose and in time mentioned thereof in rules, the association shall pay to the Government the whole of such amount due from the applicant alongwith interest at 6.25%. ### 2. The association hereby agrees that any amount recovered by the Government hereunder may, without prejudice to any other rights and remedies of the Government be recovered in the manner provided in the Rajasthan Public Demand Recovery Act, 1952 (Rajasthan Act V of 1952). ### 3. The association agrees to permit audit of its accounts by a nominee of the Director of Animal Husbandry. Signed by:- (1) President of the Association. (2) Secretary of the Association. (3) Joint Secretary of the Association. (4) Treasurer of the Association. (5) Two members of the Association. (6) Two members of the Association. ### 4. And whereas one of the conditions on which the Government has agreed to grant the aforesaid subsidy is that the amount of the subsidy should be utilised by the association in the manner laid down in the said rules .
65b90bd0ab84c7eca86e8370	acts	State of Telangana - Act -------------------------- Telangana Live-Stock Improvement Act, 1940 -------------------------------------------- TELENGANA India Telangana Live-Stock Improvement Act, 1940 ============================================ Act 15 of 1940 ---------------- * Published on 1 June 2016 * Commenced on 1 June 2016 Telangana Live-Stock Improvement Act, 1940 (Act No. 15 of 1940 ) Last Updated 11th January, 2020 The Andhra Pradesh Live-Stock Improvement Act, 1940 in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. ### 1. Short title, extent and commencement. (1) This Act may be called [the Telangana Live-stock Improvement Act, 1940] [Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.] . (2) It extends to the whole of the State of Telangana. (3) This section shall come into force at once, and the State Government may from time to time by notification in the [Telangana Gazette] [Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.] apply all or any of the remaining provisions of this Act to the whole or any portion of the State of Telangana from such date and for such period, if any, as may be specified in the notification, and may cancel or modify any such notification. ### 2. Definitions. - In this Act, unless there is anything repugnant in the subject or context, - (a) "bull" includes a buffalo-bull; (b) "cow" includes a buffalo-cow and a heifer; (c) "Director" means the officer appointed by the State Government as the Director of Animal Husbandry for the [State of Telangana] [Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.] , and includes any other person on whom the powers or duties of the Director under this Act have been conferred or imposed under section 3; (d) "licence" means a licence granted under section 4; (e) "licensing officer" means the Director or any other officer or person authorized to grant licences under section 4; (f) "prescribed" means prescribed by rules made under this Act; (g) a person is said to "keep a bull" if he owns the bull or has the bull in his possession or custody; and (h) a bull is said to be "castrated" if it is rendered incapable of propagating its species. ### 3. Appointment of Director. - The State Government may, by general or special order, confer or impose on any person all or any of the powers or duties of a Director under this Act. ### 4. Bulls which have attained a certain age to be licensed. (1) No person shall keep a bull which has attained the prescribed age except under and in accordance with the terms, conditions and restrictions of a licence granted under this section, unless it is certified by the prescribed officer that the bull has been effectively castrated by a method and in a manner approved by the Director. Explanation. - Where a person keeps more than one bull he shall obtain a separate licence in respect of each bull. (2) Every licence under this section shall be granted by the Director or any officer or person authorized by him by general or special order. It shall be in such form, for such period, and subject to such terms, conditions and restrictions as may be prescribed. No fee shall be charged for the grant of the licence. ### 5. Refusal and revocation of licences. (1) Subject to such rules as may be prescribed, the licensing officer may refuse to grant or may revoke a licence in respect of any bull if in his opinion the bull appears to be,- (a) of defective or inferior conformation and consequently likely to beget defective or inferior progeny, or (b) suffering from an incurable contagious or infectious disease or from any other disease rendering the bull unsuitable for breeding purposes, or (c) of a breed which it is undesirable to propagate in the district or part of the district in which it is kept. (2) The licensing officer may also revoke a licence granted in respect of any bull kept within his jurisdiction (whether such licence was granted by himself or by any other officer) if in his opinion, - (a) the licence was granted under circumstances of which the licensing officer was not aware at the time of granting the licence, or (b) there has been a breach of any of the terms, conditions or restrictions of the licence. (3) If a licence is revoked under this section, the officer revoking the licence shall give notice thereof to the person keeping the bull or to the person stated in the licence to be the owner of the bull. The notice shall set out the ground for the revocation. (4) No person shall be entitled to any compensation for the refusal or revocation of any licence under this section. ### 6. Surrender of licence. - A licence granted in respect of a bull shall be surrendered without delay to the licensing officer, if, - (a) the period specified in the licence expires, or (b) the licence revoked under this Act, or (c) the bull dies, or is certified by the prescribed officer to have been effectively castrated by a method and in a manner approved by the Director. ### 7. Inspection of bulls. - The licensing officer may by order require any person keeping a bull to submit it for inspection by himself or by any officer or person deputed by him for the purpose, at any reasonable time, either at the place where the bull is kept for the time being or at any other reasonable place specified in the order, and thereupon it shall be the duty of the person keeping the bull to submit it for inspection accordingly, and render all reasonable assistance in connexion with such inspection to the officer concerned. ### 8. Power to order castration of bulls. (1) The licensing officer may by order require any person keeping a bull which in his opinion has attained the prescribed age, and in respect of which no licence is for the time being in force under this Act, to have it castrated, within one month from the date of the service of the order, by a method and in a manner approved by the Director and specified in the order. (2) Such castration shall be performed or caused to be performed by the licensing officer free of charge, unless the owner or other person keeping the bull desires to make his own arrangements for complying with the order. ### 9. Duty to inform owner of contents of notice or order of castration. - If any notice or order is served under section 5, section 7, or section 8 on any person who is not the owner of the bull, it shall be the duty of that person forthwith to take all reasonable steps to inform the owner of the contents of such notice or order, and if he fails to do so, he shall be liable to indemnify the owner against any loss the owner may sustain by reason of such failure. ### 10. Production of licence. - It shall be the duty of any person who for the time being keeps a bull in respect of which a licence has been obtained and is in force, to produce such licence, - (a) within a reasonable time, at any place where the bull is for the time being, on demand made by a licensing officer or an Officer of the Animal Husbandry Department not below the rank of Assistant Surgeon or an officer of the Agricultural Department not below the rank of Upper Subordinate, or an officer of the Revenue Department not below the rank of Revenue Inspector, or such other officer as may be authorized in this behalf by the State Government by general or special order, or (b) before a cow is served by the bull, on demand made by the person in charge of the cow. ### 11. Penalties. - Whoever, - (a) keeps a bull in contravention of this Act or of any rule or order made thereunder, or of any terms, conditions or restrictions of licence, or (b) neglects or fails to submit a bull for inspection when required to do so, under section 7, or (c) neglects or fails to comply with an order served under section 8, or (d) neglects or fails to produce a licence when required to do so under section 10, shall be punishable with fine which may extend to fifty rupees and in the case of second or any subsequent offence with fine which may extend to one hundred rupees. ### 12. Power of licensing officer to castrate bulls. (1) If a person who keeps a bull neglects or fails to submit it for inspection, or to have it castrated when required to do so under section 7, or section 8, the licensing officer may direct that the bull shall be castrated by a method and in a manner approved by the Director and marked with a prescribed mark in the prescribed manner, free of charge. (2) (a) If it is not known in whose ownership, possession or custody a bull is for the time being and the fact cannot be ascertained after an inquiry in the prescribed manner, the licensing officer may seize the bull or cause it to be seized, and if he is of opinion that the bull has attained the prescribed age and is unsuitable for breeding purposes on any of the grounds specified in sub-section (1) of section 5 may direct that the bull shall be castrated by a method and in a manner approved by the Director and marked with a prescribed mark in the prescribed manner, free of charge; (b) Every bull seized under clause (a) shall, after it has been castrated and marked as aforesaid where necessary be sold by public auction or sent to a pinjrapole or infirmary recognized by the State Government in this behalf; (c) In case the owner of any bull seized under clause (a) appears before the licensing officer within such time as may be prescribed in this behalf and proves to the satisfaction of such officer that the bull is owned by him, - (i) in case the bull has been sold by public auction, the proceeds of such sale shall be paid to the owner after deducting therefrom the cost, charges and expenses incurred for the maintenance and sale of the bull; and (ii) in any other case, the bull shall be delivered to the owner on payment of the cost, charges and expenses incurred for its maintenance; (d) The costs, charges and expenses referred to in sub-clauses (i) and (ii) of clause (c) shall be determined in the prescribed manner. ### 13. Power of licensing officer, etc., to inspect or mark bulls and to enter premises. - For the purposes of this Act, a licensing officer or any officer or person authorized by him in this behalf shall have power at all reasonable times,- (a) to inspect any bull; (b) to mark any bull with a prescribed mark in the prescribed manner; and (c) subject to such conditions and restrictions, if any, as may be prescribed, to enter any premises or other place where he has reason to believe that a bull is kept. ### 14. Duty of officers to report offences, etc. - It shall be the duty of all village officers and servants and of all officers of the Animal Husbandry, Agricultural and Revenue Departments, - (a) to give immediate information to the nearest licensing officer of the commission of any offence, or of the intention or preparation to commit any offence punishable under this Act which may come to their knowledge; (b) to take all reasonable measures in their power to prevent the commission of any such offence which they may know or have reason to believe is about or likely to be committed; and (c) to assist any licensing officer in carrying out the provisions of this Act. ### 15. Cognizance of offences. - No Magistrate shall take cognizance of any offence under this Act except upon a complaint made by a licensing officer or any person authorized by such officer in this behalf. ### 16. Officers to be public servants. - The Director, every licencing officer, all officers and persons authorized by the Director or a licensing officer, under this Act, and all village officers and servants, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860). ### 17. Bar of certain proceedings. (1) No suit, prosecution or other proceeding shall lie against any officer or servant of the State Government for any act done or purporting to be done under this Act without the previous sanction of the State Government. (2) No officer or servant of the State Government shall be liable in respect of any such act in any civil or criminal proceeding if the act was done in good faith in the course of the execution of duties or the discharge of functions imposed by or under this Act. ### 18. Limitation for certain suits and prosecution. - No suit shall be instituted against the Government and no suit, prosecution or other proceeding shall be instituted against any officer or servant of the State Government in respect of any act done or purporting to be done under this Act unless the suit, prosecution or other proceeding is instituted within six months from the date of the act complained of. ### 19. Revision. - The State Government may at any time either suo motu or on application, call for and examine the record of any order passed by, or any proceedings recorded by, any officer or person under this Act, for the purpose of satisfying themselves as to the legality or propriety of such order or as to the regularity of such proceedings, and may pass such orders in reference thereto as they think fit. Nothing contained in this section shall apply to the order or proceedings of any Court or Magistrate. ### 20. Power to make rules. (1) The State Government may make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for, - (a) all matters expressly required or allowed by this Act to be prescribed; (b) the circumstances in which duplicates of licences may be granted, the fees which may be charged for the grant of such duplicates, and the conditions, restrictions and limitations subject to which they may be granted; (c) the powers to be exercised and the duties to be performed by officers appointed under this Act, and the procedure of such officers; and (d) the service of notices and orders issued under this Act. (3) In making a rule under sub-section (1) or subsection (2), the State Government may provide that a person guilty of a breach thereof shall be punishable with fine which may extend to fifty rupees. (4) The power to make rules conferred by this section shall be subject to the condition of the rules being made after previous publication. (5) All rules made under this section shall be published in the [Telangana Gazette] [Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.] and upon such publication shall have effect as if enacted in this Act. ### 21. [ [Section 21 was omitted by section 3 of and the second schedule to Act VIII of 1948.] [XXX]]
65b8fbe2ab84c7eca86e81e4	acts	State of Karnataka - Act -------------------------- The Karnataka State Civil Services (Regulation of transfer of teachers) Act, 2007 ----------------------------------------------------------------------------------- KARNATAKA India The Karnataka State Civil Services (Regulation of transfer of teachers) Act, 2007 =================================================================================== Act 29 of 2007 ---------------- * Published on 1 March 2019 * Commenced on 1 March 2019 The Karnataka State Civil Services (Regulation of transfer of teachers) Act, 2007 (Karnataka Act No. 29 of 2007 ) Statement of Objects and Reasons - Act 29 of 2007 . - It is considered necessary to regulate transfer of teachers in Government Primary Schools and Secondary Schools including lecturers in Government Pre-University Colleges in order to ensure availability of teachers in rural areas by classifying rural areas depending on the distance from the limits of city corporation, city municipal council, town municipal council, town panchayat, district headquarters or taluk headquarters as Zone-A, Zone-B and Zone-C so as,- (1) to transfer a teacher to a rural area on his initial appointment and also to transfer a teacher to a rural area on his immediate next transfer who has not worked before the commencement of this Act in any rural area; (2) not to transfer any teacher out side the rural area who is appointed in a rural area before the completion of five years from the date of his appointment; (3) to prohibit transfer of a teacher from one unit of seniority in which he is appointed to another unit of seniority; and for other matters connected therewith or incidental thereto. Hence the Bill. (L.A. Bill No. 2 of 2007) (Entry 41 of List II of the Seventh Schedule to the Constitution of India.) Statement of Objects and Reasons - (Act 10 of 2019). - It is considered necessary to amend the Karnataka State Civil Services (Regulation of transfer of teachers) Act, 2007 (Karnataka Act 29 of 2007 ), - (a) to reduce the duration of service for transfer from 5 years to 3 years in a zone in different cadres put together; (b) not to include City Municipal Council, Town Municipal Council and Town Panchayat in the limits of urban area in respect of Pre-university Education Teacher for transfer; (c) to grant exemption from compulsory transfer in the cases of teacher or spouse or child suffering from severe illness for which treatment is not available else where and in respect husband and wife cases for posting to same place; (d) to provide transfer opportunity to the teachers to the places where his spouse is working in a Government or Public sector undertaking; and (e) certain consequential amendment are also proposed. Hence the Bill, [L.A. Bill No. 15 of 2018, File No. Samvyashae 29 Shasana 2018] [Entry 41 of the List II of the Seventh Schedule to the Constitution of India.] (First Published in the Karnataka Gazette Extra-ordinary on the First day of September, 2007) (Received the assent of the Governor on the thirty first day of August, 2007) An Act to provide for regulation of transfer of teachers so as to ensure the availability of teachers in Government schools and Pre-University colleges in rural areas. Whereas it is expedient to provide for regulation of transfer of teachers so as to ensure the availability of teachers in government schools and pre-university colleges in rural areas and for the matters connected therewith or incidental thereto; Be it enacted by the Karnataka State Legislature in the fifty-eighth year of the Republic of India, as follows:- ### 1. Short title and commencement. (1) This Act may be called the Karnataka State Civil Services (Regulation of transfer of teachers) Act, 2007. (2) It shall be deemed to have come into force with effect from the fourteenth day of December, 2006. ### 2. Definitions. - In this Act, unless the context otherwise requires,- (a) "appointment" means appointment by direct recruitment, by absorption or by promotion; (b) "appointing authority" means the authority competent to make appointment to the post of a teacher; (c) "competent authority" means the authority competent to make orders of transfer of a teacher; (c1) [ "maximum period" means a continuous service of ten years in a Zone in different cadres put together; [Inserted by Act 23 of 2017, dated 18.04.2017.] (c2) "minimum period" means a continuous service of [Three] years in a Zone in different cadres put together;] (d) "Pre-University college" means Pre-University colleges belonging to the State Government; (e) "rural area" means the areas of,- (i) Zone-B consisting of the areas upto such distance away from the limits of Zone-A of urban area; and (ii) Zone -C consisting of the areas lying beyond the limits of Zone- B; as may be notified by the State Government from time to time; (f) "school" means Primary or the High School belonging to the State Government as the case may be; (g) "schedule" means the schedule appended to this Act; (h) "teacher" means a person appointed to a category of posts of a teacher, in a Primary School or a High School and includes a lecturer in a Pre-University college, belonging to the State Civil Services and such other posts as specified in the Schedule; (i) "transfer" means posting of a teacher to a post in a place of working, including posting of a teacher from one place of working to a post in another place of working and includes transfer within or outside the unit of seniority in the same cadre; (j) "unit of seniority" means the jurisdiction of the appointing authority competent to make appointment to the post of teacher; (k) "urban area" means any areas within the limits of a taluk or district head quarters and the limits of a City Corporation, City Municipal Council, Town Municipal Council or a Town Panchayat and upto such distance away from the limits of above areas notified as Zone-A area by the State Government from time to time. [Provided that, in respect of Pre-University Education Teacher the Urban area does not include City Municipal Council, Town Municipal Council and a Town Panchayat] [Inserted by Karnataka Act No. 10 of 2019, dated 1.3.2019.] . ### 3. Compulsory appointment of a teacher to rural areas. (1) Every appointing authority while making initial appointment of a teacher to a school or Pre-University college shall ensure that vacancies in Zone-C shall be filled in the first instance: Provided that the provisions relating to compulsory appointment of a teacher to the rural area shall not apply to a teacher who has been appointed to a unit of seniority which does not comprise any rural area. (2) If no vacancy is available for initial appointment or transfer in any particular Zone, a vacancy may be created by transfer of a teacher who has completed minimum number of years of service to another Zone in the order of priority from Zone-C to Zone-B, Zone-B to Zone-A or Zone-A to any other urban area within the same unit of seniority: Provided that in case any teacher who is serving in Zone-C, is eligible to be transferred to Zone -B and similarly in case a teacher who is serving in Zone-B is eligible to be transferred to Zone-A, but if he desires to continue to serve in zone-C or zone-B, as the case may be, he may be allowed to continue to serve in these respective zones. Explanation: Order of priority shall be calculated interalia, on the basis of the total number of years of service, of a teacher in a zone in different cadres and on the basis of any other criteria as may be prescribed. (3) The teacher who is in urban area and who is undergoing any time bound penalty imposed under the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 or who is facing any criminal charges in court of law may be transferred to Zone-C, if no vacancy is available in Zone-C, a vacancy may be created in the manner specified in sub-section (2). Provided that if such teacher is working in Zone-B or Zone-C, he shall be transferred from the place where he is working to another place in the same Zone, but he shall not be transferred out side the rural area till the completion of such disciplinary proceedings, criminal proceedings or penalty as the case may be. ### 3A. [ Compulsory transfer of a teacher in public interest. [Inserted by Act 23 of 2017 w.e.f. 18.04.2017.] (1) A teacher who has completed maximum period of service in Zone A and has more than two years of remaining service shall be transferred compulsorily to a post in Zone 'C' in public interest. Provided that a teacher who is a office bearer of a recognized teacher's or employee's association or an unmarried female teacher or a widow female teacher or a teacher having more than forty percent physical disability [and cases falling under clause (4) and (5) of sub-section (2) of section 6] shall be given exemption from provision of this sub-section. [Provided further that, where no teacher has opted for a place in the process of Counseling and it is required to be filled based on student teacher ratio and in public interest, the State Government may transfer any teacher to such place who has completed minimum period of service in any other zone subject to such other conditions as may be prescribed] [Inserted by Karnataka Act No. 10 of 2019, dated 1.3.2019.] . (2) A teacher serving in Zone A and undergoing a major penalty under the Karnataka Civil Service (Classification, Control and Appeal) Rules, 1957 or facing criminal charges in Court of Law shall be transferred to Zone 'C' even if he has not completed minimum period of service. (3) If no vacancies are available for such compulsory transfer under sub-section (1) or (2), the vacancies may be created by offering transfer option to existing teachers who have completed minimum period of service in Zone 'C' as provided in sub-section (2) of section 3. ### 3B. Rotation of teachers. (1) A teacher who has served minimum period of service in Zone 'B' or Zone 'C' shall be offered an option to seek transfer to Zone 'A' or Zone 'B' respectively subject to availability of vacancies. (2) A vacancy remaining unfilled in Zone 'A' shall be filled by transfer of teacher in Zone 'B' on exercise of option and any vacancy still not filled may be filled by transfer of eligible teachers in Zone 'C'. (3) A vacancy remaining unfilled in Zone 'B' shall be filled by transfer of a teacher in Zone 'C' on exercise of option and any vacancy still not filled in Zone B may be filled by transfer of teacher in Zone 'A' who are to be transferred compulsorily under sub-section (1) of section 3A] ### 4. Transfer by counseling. - The transfer of a teacher under this Act shall be done through a process of computerized counseling conducted in such manner as may be prescribed. ### 5. Transfer of teachers in the interest of public service. - A teacher who is in service on the date of commencement of this Act and has served for not less than 10 years continuously in any school in a zone shall be transferred on the basis of length of service in that school to another school in the same zone within the same unit of seniority: Provided that the total number of such transfers in a unit of seniority shall not exceed five percent of the number of sanctioned posts of teachers in that cadre in that unit of seniority. ### 6. Prohibition of transfer of a teacher from one unit of seniority to another unit of seniority. (1) There shall be no transfer of a teacher from the unit of seniority in which he is appointed to another unit of seniority except in cases specified in sub-clause (2): Provided that a teacher who is found surplus in an unit of seniority may be transferred or redeployed to a needy school or pre-university college in another unit of seniority: Provided further that a teacher who is in service and has completed not less than five years of service as on 04.05.2005 in a unit of seniority to which he is initially appointed, may on his request, be transferred through counselling, to another unit of seniority not more than once in his service. (2) The provision of sub-section (1) shall be relaxed in the following cases, namely:- [\\\*] [Omitted '(1) In the case of a married teacher, where the spouse is residing outside the unit of seniority then the other spouse may also be transferred once during his/her service outside that unit of seniority if he or she has completed not less than 3 years of service in the existing unit of seniority subject to availability of a clear vacancy;' by Karnataka Act No. 10 of 2019, dated 1.3.2019.] (2) Where a female teacher is a widow; (3) Where a teacher is physically handicapped or disabled; (4) Where a teacher or his/her spouse or children are suffering from serious ailments, for which medical treatment is not available at his/her place of work and his/her transfer in necessary to a place where such treatment is available so as to provide him/her the required medical treatment. However, no transfer shall be made unless the teacher concerned produces a certificate from the District Medical Board specifying the nature of ailment, stating the fact that the required treatment is not available at his/her place of work, specifying the place where the required treatment is available and certifying that his/her transfer is necessary to such a place to provide him/her the required medical treatment. (5) [ The teacher may, on his request, be transferred through process of counseling to such place or near by place or post out side the unit of seniority where his spouse is working in an aided educational Institution [in a Government or public sector undertaking] [Inserted by Act 32 of 2015, dated 13.08.2015.] but excluding an urban area.] (6) [ Where a teacher has completed minimum period of service in any Zone and is seeking transfer to an eligible Zone in another unit of seniority which does not has surplus teachers.] [Inserted by Act 23 of 2017, dated 18.04.2017.] ### 7. Penalties. - If any competent authority or any officer makes an order of posting or appointment or transfer in contravention of the provisions of this Act or the rules made thereunder, such competent authority or officer as the case may be, shall be liable for disciplinary action under the disciplinary rules applicable to civil servants. ### 8. Cognizance of offences. - No Court shall take cognizance of any offence under this Act except on a complaint made in writing by an officer authorized by the Government by notification published in this behalf in the Official Gazette. ### 9. An Act to override other laws. - The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. ### 10. Power to remove difficulties. - If any difficulty arises in giving effect to the provisions of this Act, the State Government may by order published in the official Gazette make provisions not inconsistent with the provisions of this Act as it appear to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act. ### 11. Power to amend the Schedule. - The State Government may, by notification, add, alter or remove any of the entries specified in the Schedule. ### 12. Protection of action taken in good faith. - No suit, prosecution or other legal proceeding shall lie against any officer of the Government for anything done in good faith or intended to be done under this Act. ### 13. Power to make rules. (1) The State Government may by notification and after previous publication, make rules to carry out the purposes of this Act. (2) Any rule made under this Act may be made with retrospective effect and when such a rule is made, the reasons for making the rule shall be specified in a statement to be laid before both Houses of the State Legislature and subject to any modification made under sub-section (3) , every rule made under this Act shall have effect as if it is enacted under this Act. (3) Every rule made or notification issued under this Act, shall be laid as soon as may be after it is made before each House of the State Legislature, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following both Houses agree in making any modification, in the rule or notification or decide that any rule or notification should not be made, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification. ### 14. Transitory provisions. - Any rule, notification, order or appointment, made or issued under the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990 ) or otherwise providing for or relating to any of the matters for the furtherance of which this Act is an enacted, before the commencement of this Act and in force on the date of commencement of this Act, to the extent they are not inconsistent with the provisions of this Act, shall continue to be in force and effective as if they are made or issued or appointed under the corresponding provisions of this Act unless and until superseded by anything done or any Act action taken or any rule, notification, order or appointment made under this Act. ### 15. Repeal and Savings. (1) The Karnataka State Civil Services (Regulation of Transfer of Teachers) Ordinance, 2006 (Karnataka Ordinance 4 of 2006) is hereby repealed. Anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act. Schedule ---------- [see section 2(h) and section 9] \| \| \| \| --- \| --- \| \| Sl. No. \| Designation of the posts of Teachers \| \| (1) \| (2) \| \| I. Posts in Government Primary Schools: \| \| 1. \| Head Master/Mistress in (2) Notwithstanding such repeal Government Higher Primary School \| \| 2. \| Non-Graduate Head Master in Model Higher Primary School \| \| 3. \| Primary School Assistant Master/Mistress consisting of the following categories. - (i) Primary School Assistant Master/Mistress (General); (ii) Primary School Assistant Master/Mistress (Science); (iii) Primary School Assistant Master/Mistress (English); and (iv) Primary School Assistant Master/Mistress (Hindi) . \| \| 4. \| Music Teacher \| \| 5. \| Physical Education Teacher Grade-II \| \| 6. \| Drawing Teacher in Government Higher Primary School/Model Higher Primary School \| \| II. Posts in Government High Schools: \| \| 1. \| Head Master in Government High Schools by whatever name called including Head Master/Head Mistress of Government Higher Secondary/Multipurpose High School and Head Master/Head Mistress of Government High School. \| \| 2. \| Secondary School Assistant (Grade-I) \| \| 3. \| Secondary School Assistant (Grade-II) \| \| 4. \| Graduate Assistant Master/Mistress in Government High School, Composite Pr - University College, Composite High School, consisting of the following categories of posts, namely:- (i) Assistant Master Arts in Kannada, English, Urdu, Hindi, Marathi, Tamil and Telugu mediums of instruction; (ii) Assistant Master in Physical Science in Kannada, English, Urdu, Hindi, Marathi, Tamil and Telugu mediums of instruction; (iii) Assistant Master in Biological Science in Kannada, English, Urdu, Hindi, Marathi, Tamil and Telugu mediums of instruction; (iv) Language Assistant in Kannada, English, Urdu, Hindi, Marathi, Tamil, Telugu and Sanskrit languages. \| \| 5. \| Physical Education Teacher Grade-I in Government High Schools and Composite Pre-University Colleges. \| \| 6. \| Drama Teacher (Grade-II) \| \| 7. \| Dance Teacher (Grade-II) \| \| 8. \| Arts Master \| \| 9. \| Drawing Master \| \| 10. \| Craft Teacher (Grade-II). \| \| III Posts in Government pre-university colleges: \| \| 1. \| Lecturers \| The above translation of PÀ£ÁðlPÀ gÁdå ¹«¯ï ¸ÉÃªÉUÀ¼À (²PÀëPÀgÀ ªÀUÁðªÀuÉ ¤AiÀÄAvÀçt) C¢s¤AiÀÄªÀÄ
65ba8b09ab84c7eca86ebfc9	acts	Union of India - Act ---------------------- Admiralty Offences (Colonial) Act, 1849 ----------------------------------------- UNION OF INDIA India Admiralty Offences (Colonial) Act, 1849 ========================================= Rule ADMIRALTY-OFFENCES-COLONIAL-ACT-1849 of 1849 --------------------------------------------------- * Published on 1 August 1849 * Commenced on 1 August 1849 Admiralty Offences (Colonial) Act, 1849 ### 12. & 13 VICT., C. 96 ### 1373. [1st August, 1849] An Act to provide for the Prosecution and Trial in Her Majesty's Colonies of Offences committed within the Jurisdiction of the Admiralty. [Preamble.- Repealed by 54 and 55 Vict., C. 67.] ### 1. Trial of Admiralty offences in colonies.- [\* \* \] [Introductory words were repealed by 54 and 55 Vict., C. 67.] If any person within any colony shall be charged with the commission of any treason, piracy, felony, robbery, murder, conspiracy, or other offence of what nature or kind soever, committed upon the sea, or in any haven, river,creek, or place where the admiral or admirals have power, authority, or jurisdiction, or if any person charged with the commission of any such offence upon the sea or in any such haven, river, creek or place shall be brought for trial to any colony, then and in every such case all magistrates, justices of the peace, public prosecutors, juries, judges, courts, public officers, and other persons in such colony shall have and exercise, the same jurisdiction and authorities for inquiring of, trying, hearing, determining and adjudging such offences, and, they are hereby respectively authorised, empowered, and required to institute and carry on all such proceedings for the bringing of such person so charged as aforesaid to trial, and for and auxiliary to and consequent upon, the trial of any such person for any such offence; wherewith he may be charged as aforesaid as by the law of such colony would and ought to have been had and exercised or instituted and carried on by them respectively if such offence had been committed and such person had been charged with having committed the same, upon any waters situate within the limits of any such colony, and within the limits of the local jurisdiction of the Courts of Criminal justice of such colony. ### 2. [Repealed by 54 and 55, Vict., C. 67.] ### 3. Provision, etc., where death in the colony, or at sea, etc., follows from injuries inflicted on the sea, etc. - [\ \* \] [Introductory words were repealed by 54 and 55 Vict., C. 67.] Where any person shall die in any colony of any stroke, poisoning, or hurt, such person having been feloniously stricken, poisoned, or hurt upon the sea or in any haven, creek, or place where the admiral or admirals have power, authority, or jurisdiction, or at any place out of such colony, every offence committed in respect of any such case, whether the same shall amount to the offence of murder or of man slaughter, or of being accessory before the fact to murder, or after the fact to murder or manslaughter, may be dealt with, inquired of, tried, determined, and punished in such colony, in the same manner and in all respects as if such offence had been wholly committed in that colony : and if any person in any colony shall be charged with any such offence as aforesaid in respect of the death of any person who, having been feloniously stricken, poisoned or other-wise hurt, shall have died of such stroke, poisoning, or hurt, upon the sea, or in any haven, river, creek or place where the admiral or admirals have power, authority or jurisdiction, such offence shall be held for the purpose of this Act to have been wholly committed upon the sea. ### 4. [Omitted as being inapplicable to India.] ### 5. Interpretation of "colony".- [\ \* \] [Introductory words were repealed by 54 and 55 Vict., c. 67.] For the purposes of this Act the word "colony" shall mean any island, plantation, colony, dominion, fort or factory of Her Majesty, except any island within the United Kingdom and the Islands of Man, Guernsey, Jersey, Alderney and Sark, and the lands adjacent thereto respectively [\ \* \*] [And includes British India; see 23 and 24 Vict., c. 88, Section 1, page 22a] . ### 6. [Repealed by 41 and 42 Vict., c. 79.]
65ba09caab84c7eca86ea8a5	acts	State of Andhra Pradesh - Act ------------------------------- Andhra Pradesh Revenue Summonses Rules, 1959 ---------------------------------------------- ANDHRA PRADESH India Andhra Pradesh Revenue Summonses Rules, 1959 ============================================== Rule ANDHRA-PRADESH-REVENUE-SUMMONSES-RULES-1959 of 1959 ---------------------------------------------------------- * Published on 23 June 1959 * Commenced on 23 June 1959 Andhra Pradesh Revenue Summonses Rules, 1959 Published vide G.O.Ms. No. 1219, dated 23.6.1959 In exercise of the powers conferred by Section 3 of the Madras Revenue Summonses Act, 1869 (Act No. III of 1869) as amended by the Madras Revenue Summonses (A.P. Extension and Amendment) Act, 1958 (Act XX of 1958) the Governor of Andhra Pradesh hereby makes the following rules: ### 1. These rules may be called the Andhra Pradesh Revenue Summonses Rules, 1959. ### 2. In these rules unless the context otherwise requires, (a) 'Act' means the Madras Revenue Summonses Act, 1869 (Madras Act III of 1869) ; (b) 'Form' means a form appended to these rules. (c) 'Section' means a section of the Act. ### 3. (1) Every summon issued under the Act requiring the attendance of any person for the purpose of giving evidence, or both for the purpose of giving evidence and to produce any document or article, shall be in Form I. (2) Every summon issued under the Act merely for the production of any document or article shall be in Form II. ### 4. (1) Where summonses are issued at the instance of any party in an enquiry, the fee leviable for the service of processes under the Act shall, subject to the provisions of sub-rule (2) be Re. 1/- for each person on whom the process is to be served : Provided that where an application is made at the same time for the service of processes on more than one person residing in the same village, the fee for the service of process on every such additional person shall be 50 np. (2) Where the service of any process is likely to involve the incurring of conveyance charges by the person serving the process, the officer issuing the summons may in addition to the fees specified in sub-rule (1) levy an additional fee not exceeding the charges likely to be so incurred. ### 5. The process fee payable under these rules shall be paid in the form of Court-fee labels of the appropriate amount affixed on the application. The officer receiving the application shall punch the labels immediately on its receipt. ### 6. (1) Every person summoned under the Act to give evidence shall, upon attendance, be entitled to travelling and subsistence allowances as hereinafter provided. (2) The travelling allowance payable shall be the minimum fare for the to and fro journeys by a convenient public conveyance. (3) The subsistence allowance shall be such as may be determined by the officer issuing the summons, being not less than 75 np. and not greater than Rs. 2 for every day, on which the attendance of the person is required. (4) No travelling allowance or subsistence allowance shall be payable where the distance travelled by the person does not exceed 5 miles and the period during which he is required to be in attendance does not exceed six hours. ### 7. Where the summons is proposed to be issued at the instance of any party in any enquiry, the party at whose instance the summons is to be issued shall be required to deposit in advance to the Officer issuing the summons an amount equal to the travelling and subsistence allowances payable under Rule 6, and no summons shall be issued until the amount has been so deposited. Form I Summoned to appear in person (and also to produce documents or articles) To A. B. of..... Whereas your attendance is necessary to give evidence and to produce the following document or article\* ............... with reference to a Revenue inquiry\\............ now pending before me, you are hereby summoned to appear in person before me on the ...... day of ...... at O' clock and not to depart hence until permitted by me. Given under my hand and seal this ...... day of ...19.... \Here describe the document or article with convenient certainty. \\Here enter briefly the subject of the enquiry (Official designation) Form II Summons to produce documents or articles To A.B. of......... Whereas the following document or article \.....are required with reference to a Revenue Enquiry\\.....now pending before me, you are hereby summoned to produce or cause to be produced the said document or article before me on the .....day of ..... \Here describe the document or article with convenient certainty. \\*Here enter briefly the subject of the enquiry. (Official designation)
65ba5703ab84c7eca86eb01f	acts	State of Tamilnadu- Act ------------------------- Tamil Nadu Medical Registration Act, 1914 ------------------------------------------- TAMILNADU India Tamil Nadu Medical Registration Act, 1914 =========================================== Act 4 of 1914 --------------- * Published on 6 April 1914 * Commenced on 6 April 1914 Tamil Nadu Medical Registration Act, 1914 (Tamil Nadu Act 4 of 1914 ) Received the assent of the Governor on the 6th April 1914 and that of the Governor-General on the 27th April 1914. The assent of the Governor-General was first published in the Fort. St. George Gazette, dated the 12th May 1914. An Act for the Registration of Medical Practitioners. Whereas it is expedient to provide for the registration of medical practitioners in the [State of Tamil Nadu] [Substituted for the expression 'Presidency of Madras' by the Tamil Nadu Adaptation of Laws Orders, 1970, which was deemed to have come into force on the 14th January 1969.] ; It is hereby enacted as follows:- ### 1. Short title. (1) This Act may be called the [Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January 1969.] Medical Registration Act, 1914. (2) It extends to the whole of the [State of Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January 1969.] . Notes. - This Act was extended to the merged State of Pudukkottai by section 3 of, and the First Schedule to, the Tamil Nadu Merged States (Laws) Act, 1949 (Tamil Nadu Act XXXV of 1949). This Act was further extended to the Kanyakumari district and the Shencottah taluk of the Tirunelveli district by section 3 of, and the First Schedule to, the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1960 (Tamil Nadu Act 23 of 1960), which came into force on the 1st April 1961, repealing the corresponding law in that territory. ### 2. Commencement of Act. - The provisions of section 4 shall come into force on such [date] [The provisions of section 4 came into force on the 1st June 1916.] as the [State Government] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950.] may notify in this behalf, the rest of this Act shall come into force at once. ### 3. Definitions. - In this Act, unless there is something repugnant in the subject or context, - (1) "the British Medical Act" means Statute 21 and 22 Victoria, Chapter 90 (The Medical Act), and any Act amending the same; (2) "Council" means the Medical Council established by this Act; (3) "hospitals", "asylums", "infirmaries" "dispensaries", "lying-in-hospitals" mean institutions the methods of treatment carried on in which are those which are approved by the Medical Council established by this Act; (4) "prescribed" means prescribed by rules or by-laws made under this Act; (5) "registered practitioner" means any person registered under the provisions of this Act. ### 4. Privileges of registered practitioners. - Notwithstanding anything to the contrary in any enactment, rule, by-law or any other provision of law - (1) No certificate required by law to be given by a medical practitioner or officer shall be valid unless signed by a registered practitioner; (2) [ Except with the special sanction of the [State Government] [Under section 4(3) of the Tamil Nadu Registration of Practitioners of Integrated Medicine Act, 1956 (Tamil Nadu Act XXVII of 1956), practitioners registered under that Act are also competent to hold any appointment as physician, surgeon or other medical officer in an institution of modern medicine, or as medical officer of health open to registered practitioners under this Act. See also section 15(2)(a) of the Indian Medical Council Act, 1956 (Central Act 102 of 1956).] , no one other than a registered practitioner shall be competent to hold any appointment as physician, surgeon or other medical officer in any hospital, asylum, infirmary, dispensary or lying-in-hospital not supported entirely by voluntary contributions or as Medical Officer of health.] ### 5. [ Constitution of Medical Council. [Substituted by section 2 of Madras Medical Registration (Amendment) Act, 1938 (Madras Act XVI of 1938).] (1) A Medical Council shall be established for the [State of Tamil Nadu], consisting of the following fifteen members, namely :- (a) one member elected by the [Senate] [Substituted for the words 'Academic Council' by section 2 of the Madras Medical Registration (Amendment) Act, 1943 (Madras Act IV of 1943). This was permanently re-enacted by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No. 1) Act 1948 (Tamil Nadu Act VII of 1948).] of the University from among the members of the Faculty of Medicine of that University; (b) one member elected by the [Senate] [Substituted for the words 'Academic Council' by section 2 of the Madras Medical Registration (Amendment) Act. 1943 (Madras Act IV of 1943). This was permanently re-enacted by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No. 1) Act 1948 (Tamil Nadu Act VII of 1948).] of the Andhra University from among the members of the Faculty of Medicine of that University; (c) one member elected from amongst themselves by such members of the staff of the Medical College at [Chennai] [Substituted for the word 'Madras' by section 3 of the City of Madras (Alternation of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] , as are registered practitioners; (d) one member elected from amongst themselves by such members of the staff of the Medical College at Vizagapatnam, as are registered practitioners; (e) one member elected from amongst themselves by such members of the staff of the Stanley Medical College, [Chennai] [Substituted for the word 'Madras' by section 3 of the City of Madras (Alternation of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] , as are registered practitioners; (f) seven members elected by the registered practitioners from amongst themselves; and (g) three members nominated by the [State] [Substituted for the word 'Provincial' by the Adaptation Order of 1950.] Government. (2) In making nominations under clause (g) of sub-section (1), the [State] [Substituted for the word 'Provincial' by the Adaptation Order of 1950.] Government shall have due regard to the claims of women, of medical missions and of other groups of practitioners, representatives of whom have not been elected by the electorates referred to in clauses (a) to (f) of that sub-section. (3) The president of the Council shall be elected by the members of the Council from amongst themselves in the prescribed manner: Provided that for a period of four years from the date of the reconstitution of the Council under the Madras Medical Registration (Amendment) Act, 1938 (Madras Act XVI of 1938), the president shall be a person nominated by the [State] [Substituted for the word 'Provincial' by the Adaptation Order of 1950.] Government and holding office during their pleasure, and where he is not already a member, shall ex officio be a member of the Council in addition to the members specified in sub-section (1) . (4) The vice-president shall be elected by the members of the Council from amongst themselves in the prescribed manner.] ### 6. Qualifications of members. - No person shall be eligible to be a member of the Council unless he is a registered practitioner. [Proviso was omitted by section 3 of the Madras Medical Registration (Amendment) Act, 1938 (Madras Act XVI of 1938).] ### 7. [ Term of office of elected and nominated members. [Substituted by section 4 of the Madras Medical Registration (Amendment) Act, 1938 (Madras Act XVI of 1938).] - A member of the Council other than a nominated president who is a member ex officio, shall hold office for a term of five years from the date of his election or nomination and shall be eligible for re-election or re-nomination.] ### 8. Cessation of membership. - A member of the Council shall be deemed to have vacated his seat - (1) on sending his resignation in writing to the president or Registrar; (2) on his absence without excuse sufficient in the opinion of the Council from three consecutive meetings of the Council; (3) on his absence out of India for six consecutive months; (4) on removal of his name from the register; (5) on his being declared an insolvent by any competent Court; (6) on expiry of the term mentioned in section 7; [\\\] [The word 'and' which was added by section 3 of the Madras Medical Registration (Amendment) Act, 1935 (Madras Act XXI of 1935), was omitted by section 3(i) of the Madras Medical Registration (Amendment) Act, 1943 (Madras Act IV of 1943). This was permanently re-enacted by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No. 1) Act, 1948 (Tamil Nadu Act VII of 1948).] (7) [ in case he was elected under [clause (a) or clause (b)] [Added by section 3 of the Madras Medical Registration (Amendment) Act, 1935 (Madras Act XXI of 1935).] of sub-section (1) of section 5, also on his ceasing to be a member of the Faculty of Medicine of the University concerned;] (8) [ in case he was elected under clause (c), clause (d) or clause (e) of subsection (1) of section 5 and has ceased to be a member of the staff of the Medical College concerned, also on the expiry of three months from the date of such cessation or on the election of his successor, whichever occurs earlier.] [Added by section 3(ii) of the Madras Medical Registration (Amendment) Act, 1943 (Madras Act IV of 1943). This was permanently re-enacted by section 2 of, and the First Schedule to the Tamil Nadu Re-enacting and Repealing (No. 1) Act, 1948 (Tamil Nadu Act VII of 1948).] ### 9. Filling up of vacancies. - When the seat of any member becomes vacant, the vacancy shall be filled up by election or nomination, as the case may be, in accordance with the provisions of section 5. ### 9A. [ Executive Committee. [This section was inserted by section 4, and the First Schedule to the Tamil Nadu Re-enacting and Repealing (No. 1) Act, 1948 (Tamil Nadu Act VII of 1948).] (1) There shall be an Executive Committee of the Council, consisting of its president and vice-president, ex officio, and three other members of the Council who shall be elected every year in the prescribed manner by the Council at its first meeting held in that year. (2) (a) Every member of the Executive Committee so elected shall hold office as such until the next annual election; and if any casual vacancy occurs before such election, the Executive Committee shall fill that vacancy by electing a member of the Council: Provided that if before the vacancy is so filled, a meeting of the Council has been called for, the vacancy shall be filled by the Council by electing one of its members. (b) A member of the Committee elected to fill a casual vacancy shall hold office as such only until the next annual election. (3) The Council may, with the previous sanction of the [State] Government, delegate any of its powers and duties to the Executive Committee. (4) The [State] [Substituted for the word 'Provincial' by the Adaptation Order of 1950.] Government shall have power to cancel any delegation made under sub-section (3) . (5) No business shall be transacted at a meeting of the Executive Committee unless at least three members thereof are present. All questions which may come before the Executive Committee shall be decided in accordance with the votes of the majority of the members present and voting at the meeting. In the case of an equality of votes, the president, vice-president or any councillor presiding at the meeting shall have a casting vote.] ### 10. Registrar and other officers. (1) The Council shall appoint a Registrar who shall act as secretary of the Council and who shall also act as treasurer, unless the Council shall appoint another person as treasurer. Every person so appointed shall be removable at the pleasure of the Council. (2) The Council may also employ such other persons as it may deem necessary for the purposes of this Act. (3) All persons appointed or employed under this section shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860). ### 11. Medical register. - It shall be the duty of the Registrar to keep a register of medical practitioners and, from time to time, to revise the register and publish it in the prescribed manner. [The names of the medical practitioners shall be arranged in the register in the alphabetical order, an asterisk being placed against the names of those who are entitled to vote at elections to the Medical Council of India under [section 3(1) (c) of the Indian Medical Council Act, 1933 (Central Act XXVII of 1933)] [Inserted by section 6 of the Madras Medical Registration (Amendment) Act, 1938 (Madras Act XVI of 1938).] ] Such register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872 (Central Act I of 1872), and may be proved by a copy published in the [Official Gazette] [Substituted for the words 'Fort St. George Gazette' by the Adaptation Order of 1937.] . ### 12. Meetings of Council. - Except as otherwise provided in this Act, no business shall be transacted at a meeting of the Council unless at least seven members are present. All questions which may come before the Council shall be decided in accordance with the votes of the majority of the members present and voting at the meeting. In the case of an equality of votes, the member presiding at the meeting shall have a casting vote. ### 13. Persons who may be registered. - Subject to the provisions of section 14, every person who - (a) is for the time being registered under the British Medical Act; or (b) is possessed of any of the qualifications described in the Schedule, shall be entitled to be registered on furnishing to the Registrar proof of such registration or qualification whether or not such person practises or intends to practise the allopathic or any other system of medicine: Provided that the [State Government] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950.] may, after consulting the Council, permit the registration of any person who shall furnish to the Registrar proof that he is possessed of a medical degree, diploma or certificate of any University, medical college or school approved by the Council, other than those described in the Schedule. [Where such person is, at the time of his registration under this proviso, employed in a hospital, asylum, infirmary, dispensary or lying-in-hospital managed by a Mission, the [State] [Added by section 2 of the Madras Medical Registration (Amendment) Act, 1941 (Madras Act XXI of 1941). This was permanently re-enacted by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No. 1) Act, 1948 (Tamil Nadu Act VII of 1948).] Government shall have power to direct that the registration shall be in force only so long as he continues to be employed in any such hospital, asylum, infirmary, dispensary or lying-in-hospital:] Provided further that the Council may refuse to permit the registration of any person who has been convicted of any such offence as implies in the opinion of the Council a defect of character or who, after an enquiry at which opportunity has been given to the candidate to be heard in person or by pleader, has been held by the Council to have been guilty of infamous conduct in any professional respect. ### 14. Registration fee. - [(1) Every person who applies to be registered under this Act shall pay a registration fee of [twenty rupees]: [The first paragraph of section 14 was renumbered as sub-section (1) and the second paragraph as sub-section (2) of section 14 by section 2 of the Madras Medical Registration (Amendment) Act, 1929 (Madras Act X of 1929).] ] [Provided that any person whose name has been registered under any Act for the registration of medical practitioners for the time being in force in any other part of [\\\] [Added by section 5(ii) , and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No. 1) Act, 1948 (Tamil Nadu Act VII of 1948).] India shall be required to pay a registration fee of only five rupees if the Act aforesaid provides for the registration of persons registered under this Act without the payment of any fee or on payment of a fee not exceeding five rupees.] (2) [] [The first paragraph of section 14 was renumbered as sub-section (1) and the second paragraph as sub-section (2)of section 14 by section 2 of Madras Medical Registration (Amendment) Act, 1929 (Madras Act X of 1929).] Every registered practitioner who applies to the Registrar for registration [under a new name, or] [Inserted by section 5(iii) of the Madras Medical Registration (Amendment) Act, 1943 (Madras Act IV of 1943) re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No. 1) Act, 1948(Tamil Nadu Act VII of 1948).] in respect of any additional qualification obtained subsequent to registration under this Act shall pay a fee of five rupees. (3) [\\\*] [Inserted by section 2 of the Madras Medical Registration (Amendment) Act, 1929 (Madras Act X of 1929), was subsequently omitted by section 5(iv)and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No. 1) Act, 1948(Tamil Nadu Act VII of 1948).] ### 14A. [ Special provision for amending the medical register. [Inserted by paragraph 3 of, and the Schedule to, the Madras Adaptation of Laws Order, 1961.] (1) Notwithstanding anything contained in this Act, the Registrar may, by order in writing, amend the medical register by deleting therefrom the name of any person who, by reason of the alteration of Boundaries under the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959, has ceased to reside or practice in the [State of Tamil Nadu]. The Registrar may likewise amend the medical register by adding thereto the name of any person whose residence or place of practice has, by reason of the said alteration of boundaries, become part of the [State of Tamil Nadu] [Substituted for the expression 'State of Madras' by the Tamil Nadu Adaptation of laws Order, 1969, as amended the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which was deemed to have come into force on the 14th January 1969.] : Provided that the Registrar may, before passing an order, make such inquiry as he deems necessary. (2) Any person aggrieved by an order under sub-section (1) may appeal to such authority and within such time, as may be specified in this behalf by the State Government and such authority shall pass such order on the appeal as it thinks fit. (3) An order of the Registrar under sub-section (1), or where an appeal has been preferred against it under sub-section (2), the order of the appellate authority, shall be final. (4) The provisions of this section shall cease to be in force from such date as the State Government may, by notification in the Official Gazette, appoint.] ### 15. Appeal against the decision of Registrar. - An appeal shall lie to the Council against any order of the Registrar under section 13 or section 14. The said appeal shall be preferred within three months from the date of the order appealed against. ### 16. Alteration of register by Council. (1) The Council may, if it sees fit and after giving due notice to the person concerned and inquiring into his objections, if any, order that any entry in the register which shall be proved to the satisfaction of the Council to have been fraudulently or incorrectly made or brought about be cancelled or amended. (2) The Council may direct the removal altogether or for a specified period from the register of the name of any registered practitioner for the same reasons for which registration may be refused by the Council under section 13 and the second proviso thereto shall apply to any inquiry under this section. The Council may also direct that any name so removed shall be restored: Provided that no medical practitioner shall be removed from the register on the ground of his association in any professional respect, with a qualified practitioner of Indian Medicine such as Ayurvedic, Unani and Siddha or an unregistered practitioner, if such unregistered practitioner - [(a) is possessed of any of the qualifications described in the Schedule, and (b) is not a person whose name the Council has refused to register under the second proviso to section 13 or whose name the Council has removed from the register under this sub-section.] Explanation. - The expression "qualified practitioner" shall, for the purposes of this proviso, mean a practitioner qualified under the rules made by the [State Government] [The words 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order of 1937 and the word 'State' was substituted far 'Provincial' by the Adaptation Order of 1950.] in this behalf. (3) Nothing in sub-section (2) shall relieve a registered practitioner of any obligations or code of ethics which may be imposed upon registered practitioners generally by the Council. [(4) Any registered practitioner may make an application to the Council for the deletion of his name from the medical register, and the Council may, on such application and subject to such rules as may be made by the [State Government] [Sub-sections (3) and (4) were added by section 2 of the Madras Medical Registration (Amendment) Act, 1932 (Madras Act IX of 1932).] , direct such deletion. Any such practitioner may apply for fresh registration under section 13. [Proviso was added by section 2 of the Madras Medical Registration (Amendment) Act, 1932 (Madras Act IX of 1932).] ### 17. (1) An inquiry under section 13 or section 16 maybe held by a committee consisting of three members of the Council elected for the purpose by the Council. Procedure in inquiries and appeals. - The Council or the committee, as the case may be, may, at its discretion, hold such inquiry in camera. [When the inquiry is held by a committee, it shall make a report to the Council which shall pass orders under section 13 or section 16, as the case may be.] [Substituted for the sentence 'The decision of the committee shall be deemed to be the decision of the Council' by section 6 of the Madras Medical Registration (Amendment) Act, 1943 (Madras Act IV of 1943), re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No. 1) Act, 1948 (Tamil Nadu Act VII of 1948).] (2) For the purpose of any such inquiry or of any appeal under section 15, the Council or any committee thereof elected as aforesaid shall be deemed to be a Court within the meaning of the Indian Evidence Act, 1872 (Central Act I of 1872); and shall exercise all the powers of a Commissioner appointed under the Public Servants (Inquiries) Act, 1850 (Central Act XXXVI of 1850); and such inquiries and appeals shall be conducted, as far as may be, in accordance with the provisions of section 5 and sections 8 to 20 of the said Public Servants (Inquires) Act, 1850 (Central Act XXXVI of 1850). ### 18. Appeal against the decision of Council. - An appeal shall lie to the [State Government] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950.] against every decision of the Council under section 13 or section 16. Such appeal shall be preferred within three months from the date of the Council's decision. ### 19. Limiting of jurisdiction of Civil Courts. - No act done in the exercise of any power conferred [by or under this Act] [The words 'by or under this Act' were substituted for the words 'by this Act' and the words 'or the Executive Committee' were inserted by section 7 of the Madras Medical Registration (Amendment) Act, 1943 (Madras Act IV of 1943). This was permanently re-enacted by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No. 1) Act, 1948 (Tamil Nadu Act VII of 1948).] on the [State Government] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950.] or the Council [or the Executive Committee] [The words 'by or under this Act' were substituted for the words 'by this Act' and the words 'or the Executive Committee' were inserted by section 7 of the Madras Medical Registration (Amendment) Act, 1943 (Madras Act IV of 1943). This was permanently re-enacted by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No. 1) Act, 1948 (Tamil Nadu Act VII of 1948).] or the Registrar shall be questioned in any Civil Court. ### 20. Power of State Government to alter Schedule. - It shall be lawful for the [State Government] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950.] , by notification in the [Official Gazette] [Substituted for the words 'Fort St. George Gazette' by the Adaptation Order of 1937.] , to alter the Schedule: Provided that no medical degree, diploma or certificate granted in any British Colony or foreign country which does not recognize the medical degrees, diplomas or certificates of [any Government or University in India] [Substituted for the words 'a British Indian Government or University' by the Adaptation (Amendment) Order of 1950.] shall be included in the Schedule. ### 21. Power of Council to call for information regarding efficiency of teaching and examinations. - The Council shall have power to call on the governing body or authorities of any University, medical college or school included in, or desirous of being included in, the Schedule - (a) to furnish such reports, returns or other information as the Council may require to enable it to judge the efficiency of the instruction given therein in medicine and surgery and midwifery; and (b) to provide facilities to enable any member of the Council deputed by the Council in this behalf to be present at the examinations held by such University, college or school. If the said body or authorities refuse to comply with any such demand, the [State Government] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950.] may, upon report by the Council, remove such University, college or school from the Schedule or refuse to include it in the Schedule. ### 22. Control by State Government. - If at any time it shall appear to the [State Government] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950.] that the council has neglected to exercise or has exceeded or abused any power conferred upon it under this Act or has neglected to perform any duty imposed upon it by this Act, the [State Government] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950.] may notify the particulars of such neglect, excess or abuse to the Council; and, if the Council fails to remedy such neglect, excess or abuse within such time as may be fixed by the [State Government] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950.] in this behalf, the [State Government] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950.] may, for the purpose of remedying such neglect, excess or abuse, cause any of the powers and duties of the Council to be exercised and performed by such agency and for such period as the [State Government] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950.] may think fit. ### 23. Penalty for falsely pretending to be a registered practitioner. - Every person who falsely pretends to be a registered practitioner shall, whether any person is actually deceived by such pretence or not, be liable to be punished on conviction by a Presidency Magistrate or a magistrate of the first class with fine that may extend to three hundred rupees. Notes. - According to clauses (a) and (c) of sub-section (3) of section 3 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), which came into force on the 1st day of April 1974, any reference to a Magistrate of the first class and to Presidency Magistrate shall, unless the context otherwise requires, be construed as a reference, respectively to a Judicial Magistrate of the first class and to a Metropolitan Magistrate. ### 24. Power to make rules and by-laws. (1) The [State Government] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950.] may, after previous publication, make rules for the purpose of carrying out the provisions of this Act. In particular and without prejudice to the generality of the foregoing provision, the [State Government] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950.] may make rules, - (i) for the election of members to the Council under section 5; (ii) for the [election and term of office of the president and vice-president] [Substituted for the words 'election of the vice-president', by section 7(b) , of the Madras Medical Registration (Amendment) Act, 1938 (Madras Act XVI of 1938).] of the Council; [(ii-a) for the election of the members of the Executive Committee;] [Inserted by section 8(i) of the Madras Medical Registration (Amendment) Act, 1943 (Madras Act IV of 1943), re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No. 1) Act, 1948 (Tamil Nadu Act VII of 1948).] (iii) to regulate the procedure at an inquiry held under section 13 or section 16; (iv) for the institution, hearing and disposal of appeals under section 15 or section 18; (v) for the compilation and publication of the register; (vi) for the disposal of fees received under this Act. (2) The Council may, with the previous sanction of the [State Government] [The words 'Provincial Government' were substituted for the words Governor in Council by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950.] , make by-laws, - (i) for the convening of meetings of the Council [and of the Executive Committee] [Added by section 8(ii) by the Adaptation Order of 1950.] ; (ii) for the conduct of business at such meeting; (iii) for the appointment, control, pay and allowances of the establishment employed under section 10. ### 25. [Omitted by the Adaptation (Amendment) Order of 1950.] Schedule ---------- (1) [ The degree of Doctor, Bachelor and Licentiate of Medicine and Master, Bachelor and Licentiate of Surgery of the University of [Chennai] [Substituted by the Notification No. 1451, published at page 529 of Part 1-A of the Fort St. George Gazette, dated the 20th November 1934.] , the Andhra University, the Osmania University and the Universities of Allahabad, Bombay, Calcutta, Lahore, Lucknow, Mysore and Rangoon.] (2) A diploma or certificate granted by [any Government in India] [Substituted for the words 'a British Indian Government' by the Adaptation (Amendment) Order of 1950.] , [the Government of Burma] [Inserted by the Adaptation Order of 1937.] or the Government of Ceylon to any person trained in a medical college or school declaring him to be qualified to practise medicine, surgery and midwifery. (3) [ The diploma of Fellow and Member and the Licentiate certificate granted by the State Medical Faculty of Bengal and the College of Physicians and Surgeons of Bombay.] [Added by Notification No. 26, published at page 725 of Part I-A of the Fort St.George Gazette, dated the 19th December 1916.] (4) [ A diploma granted by [the Government of Hyderabad] [Added by Notification No. 27, published at page 228 of Part I-A of the Fort St.George Gazette, dated the 26th March 1918.] [or of Andhra Pradesh] [Inserted by paragraph 3 of, and the Schedule to the Madras Adaptation of Laws Order, 1961.] to any person trained in the Hyderabad Medical School declaring him to be qualified to practise medicine, surgery and midwifery.] (5) [ The diploma of Licensed Medical Practitioner granted by His Highness the Maharaja of Mysore's Medical School [or the University of Mysore] [Added by Notification No. 15 published at page 9 of Part I of the Fort St. George Gazette, dated the 6th January 1925.] ]. Form of Application for Registration Professional Address Dated.......... 20........... To The Registrar,Tamil Nadu Medical Council,Vadapalani, Chennai-26. Sir, I have the honour to request that my name may be registered under the Tamil Nadu Medical Registration Act, 1914 (Tamil Nadu Act IV of 1914) and that I may be furnished with a certificate of registration. ### 2. The information necessary for registration is specified on the reverse. ### 3. The Diploma which I possess is forwarded herewith in original which please return when no longer required. ### 4. The registration fees of [rupees twenty and] [G.O.Ms. No. 1763, Health, dated the 13th June 1957.] [Rupee One and paise fifty only (Court-fee-stamps) and] [G.O.Ms. No. 2023, Health, dated the 27th May 1953.] Rupee One to cover postage for the free copy of the register in which my name appears for the first time (total Rs. 22-50 paise) is sent herewith by money order/cheque (including bank commission). Yours faithfully, (Signature) (The registration fee once paid under section 14(1) of the Tamil Nadu Medical Registration Act, 1914 (Tamil Nadu Act IV of 1914) is not refundable whether the application for registration is accepted or not. [Reverse] Applicant's name in full [in block letters] (the full signification of the initials which stand before the name should be given in brackets). Father's name (in block letters). Medical qualifications of which registration is required. College or School where each was obtained. Month and year of Diploma [Provisional Certificate of any Recognized University] [G.O. Ms. No 3194, Health, dated the 23rd December 1960 and G. O. Ms. No. 62, Health, dated the 6th January 1962.] . For the Registrar only. Any Remarks.
65ba8043ab84c7eca86ebc1b	acts	Union of India - Act ---------------------- The National Food Security Act, 2013 -------------------------------------- UNION OF INDIA India The National Food Security Act, 2013 ====================================== Act 20 of 2013 ---------------- * Published in Gazette 20 on 10 September 2013 * Assented to on 10 September 2013 * Commenced on 10 September 2013 The National Food Security Act, 2013 ACT NO. 20 OF 2013 [10th September, 2013.] An Act to provide for food and nutritional security in human life cycle approach, by ensuring access to adequate quantity of quality food at affordable prices to people to live a life with dignity and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:— Chapter I Preliminary -------------------------- ### 1. Short title, extent and commencement.— (1) This Act may be called the National Food Security Act, 2013. (2) It extends to the whole of India. (3) Save as otherwise provided, it shall be deemed to have come into force on the 5th day of July, 2013. ### 2. Definitions.— In this Act, unless the context otherwise requires,— (1) "anganwadi" means a child care and development center set up under the Integrated Child Development Services Scheme of the Central Government to render services covered under section 4, clause (a) of sub-section (1) of section 5 and section 6; (2) "central pool" means the stock of food grains which is,— (i) procured by the Central Government and the State Governments through minimum support price operations; (ii) maintained for allocations under the Targeted Public Distribution System, other welfare schemes, including calamity relief and such other schemes; (iii) kept as reserves for schemes referred to in sub-clause (ii); (3) "eligible households" means households covered under the priority households and the Antyodaya Anna Yojana referred to in sub-section (1) of section 3; (4) "fair price shop" means a shop which has been licensed to distribute essential commodities by an order issued under section 3 of the Essential Commodities Act, 1955 (10 of 1955), to the ration card holders under the Targeted Public Distribution System; (5) "foodgrains" means rice, wheat or coarse grains or any combination thereof conforming to such quality norms as may be determined, by order, by the Central Government from time to time; (6) "food security" means the supply of the entitled quantity of foodgrains and meal specified under Chapter II; (7) "food security allowance" means the amount of money to be paid by the concerned State Government to the entitled persons under section 8; (8) "local authority" includes Panchayat, municipality, district board, cantonment board, town planning authority and in the States of Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura where Panchayats do not exist, the village council or committee or any other body, by whatever name called, which is authorised under the Constitution or any law for the time being in force for self- governance or any other authority or body vested with the control and management of civic services, within a specified local area; (9) "meal" means hot cooked or pre-cooked and heated before its service meal or take home ration, as may be prescribed by the Central Government; (10) "minimum support price" means the assured price announced by the Central Government at which foodgrains are procured from farmers by the Central Government and the State Governments and their agencies, for the central pool; (11) "notification" means a notification issued under this Act and published in the Official Gazette; (12) "other welfare schemes" means such Government schemes, in addition to the Targeted Public Distribution System, under which foodgrains or meals are supplied as part of the schemes; (13) "person with disability" means a person defined as such in clause (t) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996); (14) "priority households" means households identified as such under section 10; (15) "prescribed" means prescribed by rules made under this Act; (16) "ration card" means a document issued under an order or authority of the State Government for the purchase of essential commodities from the fair price shops under the Targeted Public Distribution System; (17) "rural area" means any area in a State except those areas covered by any urban local body or a cantonment board established or constituted under any law for the time being in force; (18) "Schedule" means a Schedule appended to this Act; (19) "senior citizen" means a person defined as such under clause (h) of section 2 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007); (20) "social audit" means the process in which people collectively monitor and evaluate the planning and implementation of a programme or scheme; (21) "State Commission" means the State Food Commission constituted under section 16; (22) "State Government", in relation to a Union territory, means the Administrator thereof appointed under article 239 of the Constitution; (23) "Targeted Public Distribution System" means the system for distribution of essential commodities to the ration card holders through fair price shops; (24) "Vigilance Committee" means a committee constituted under section 29 to supervise the implementation of all schemes under this Act; (25) the words and expressions not defined here but defined in the Essential Commodities Act, 1955 (10 of 1955), or any other relevant Act shall have the meaning respectively assigned to them in those Acts. Chapter II Provisions for food security -------------------------------------------- ### 3. Right to receive foodgrains at subsidised prices by persons belonging to eligible households under Targeted Public Distribution System.— (1) Every person belonging to priority households, identified under sub-section (1) of section 10, shall be entitled to receive five kilograms of foodgrains per person per month at subsidised prices specified in Schedule I from the State Government under the Targeted Public Distribution System: Provided that the households covered under Antyodaya Anna Yojana shall, to such extent as may be specified by the Central Government for each State in the said scheme, be entitled to thirty-five kilograms of foodgrains per household per month at the prices specified in Schedule I: Provided further that if annual allocation of foodgrains to any State under the Act is less than the average annual off take of foodgrains for last three years under normal Targeted Public Distribution System, the same shall be protected at prices as may be determined by the Central Government and the State shall be allocated foodgrains as specified in Schedule IV. Explanation.— For the purpose of this section, the "Antyodaya Anna Yojana" means, the scheme by the said name launched by the Central Government on the 25th day of December, 2000; and as modified from time to time. (2) The entitlements of the persons belonging to the eligible households referred to in sub-section (1) at subsidised prices shall extend up to seventy-five per cent. of the rural population and up to fifty per cent. of the urban population. (3) Subject to sub-section (1), the State Government may provide to the persons belonging to eligible households, wheat flour in lieu of the entitled quantity of foodgrains in accordance with such guidelines as may be specified by the Central Government. ### 4. Nutritional support to pregnant women and lactating mothers.— Subject to such schemes as may be framed by the Central Government, every pregnant woman and lactating mother shall be entitled to— (a) meal, free of charge, during pregnancy and six months after the child birth, through the local anganwadi, so as to meet the nutritional standards specified in Schedule II; and (b) maternity benefit of not less than rupees six thousand, in such instalments as may be prescribed by the Central Government: Provided that all pregnant women and lactating mothers in regular employment with the Central Government or State Governments or Public Sector Undertakings or those who are in receipt of similar benefits under any law for the time being in force shall not be entitled to benefits specified in clause (b) . ### 5. Nutritional support to children.— (1) Subject to the provisions contained in clause (b), every child up to the age of fourteen years shall have the following entitlements for his nutritional needs, namely:— (a) in the case of children in the age group of six months to six years, age appropriate meal, free of charge, through the local anganwadi so as to meet the nutritional standards specified in Schedule II: Provided that for children below the age of six months, exclusive breast feeding shall be promoted; (b) in the case of children, up to class VIII or within the age group of six to fourteen years, whichever is applicable, one mid-day meal, free of charge, everyday, except on school holidays, in all schools run by local bodies, Government and Government aided schools, so as to meet the nutritional standards specified in Schedule II. (2) Every school, referred to in clause (b) of sub-section (1), and anganwadi shall have facilities for cooking meals, drinking water and sanitation: Provided that in urban areas facilities of centralised kitchens for cooking meals may be used, wherever required, as per the guidelines issued by the Central Government. ### 6. Prevention and management of child malnutrition.— The State Government shall, through the local anganwadi, identify and provide meals, free of charge, to children who suffer from malnutrition, so as to meet the nutritional standards specified in Schedule II. ### 7. Implementation of Schemes for realisation of entitlements.— The State Governments shall implement schemes covering entitlements under sections 4, 5 and section 6 in accordance with the guidelines, including cost sharing, between the Central Government and the State Governments in such manner as may be prescribed by the Central Government. Chapter III Food security allowance ---------------------------------------- ### 8. Right to receive food security allowance in certain cases.— In case of non-supply of the entitled quantities of foodgrains or meals to entitled persons under Chapter II, such persons shall be entitled to receive such food security allowance from the concerned State Government to be paid to each person, within such time and manner as may be prescribed by the Central Government. Chapter IV Identification of eligible households ----------------------------------------------------- ### 9. Coverage of population under Targeted Public Distribution System.— The percentage coverage under the Targeted Public Distribution System in rural and urban areas for each State shall, subject to sub-section (2) of section 3, be determined by the Central Government and the total number of persons to be covered in such rural and urban areas of the State shall be calculated on the basis of the population estimates as per the census of which the relevant figures have been published. ### 10. State Government to prepare guidelines and to identify priority households.— (1) The State Government shall, within the number of persons determined under section 9 for the rural and urban areas, identify— (a) the households to be covered under the Antyodaya Anna Yojana to the extent specified under sub-section (1) of section 3, in accordance with the guidelines applicable to the said scheme; (b) the remaining households as priority households to be covered under the Targeted Public Distribution System, in accordance with such guidelines as the State Government may specify: Provided that the State Government may, as soon as possible, but within such period not exceeding three hundred and sixty-five days, after the commencement of the Act, identify the eligible households in accordance with the guidelines framed under this sub-section: Provided further that the State Government shall continue to receive the allocation of foodgrains from the Central Government under the existing Targeted Public Distribution System, till the identification of such households is complete. (2) The State Government shall update the list of eligible households, within the number of persons determined under section 9 for the rural and urban areas, in accordance with the guidelines framed under sub-section (1). ### 11. Publication and display of list of eligible households.— The State Government shall place the list of the identified eligible households in the public domain and display it prominently. Chapter V Reforms in targeted public distribution system ------------------------------------------------------------- ### 12. Reforms in Targeted Public Distribution System.— (1) The Central and State Governments shall endeavour to progressively undertake necessary reforms in the Targeted Public Distribution System in consonance with the role envisaged for them in this Act. (2) The reforms shall, inter alia, include— (a) doorstep delivery of foodgrains to the Targeted Public Distribution System outlets; (b) application of information and communication technology tools including end-to-end computerisation in order to ensure transparent recording of transactions at all levels, and to prevent diversion; (c) leveraging "aadhaar" for unique identification, with biometric information of entitled beneficiaries for proper targeting of benefits under this Act; (d) full transparency of records; (e) preference to public institutions or public bodies such as Panchayats, selfhelp groups, co¬operatives, in licensing of fair price shops and management of fair price shops by women or their collectives; (f) diversification of commodities distributed under the Public Distribution System over a period of time; (g) support to local public distribution models and grains banks; (h) introducing schemes, such as, cash transfer, food coupons, or other schemes, to the targeted beneficiaries in order to ensure their foodgrain entitlements specified in Chapter II, in such area and manner as may be prescribed by the Central Government. Chapter VI Women empowerment --------------------------------- ### 13. Women of eighteen years of age or above to be head of household for purpose of issue of ration cards.— (1) The eldest woman who is not less than eighteen years of age, in every eligible household, shall be head of the household for the purpose of issue of ration cards. (2) Where a household at any time does not have a woman or a woman of eighteen years of age or above, but has a female member below the age of eighteen years, then, the eldest male member of the household shall be the head of the household for the purpose of issue of ration card and the female member, on attaining the age of eighteen years, shall become the head of the household for such ration cards in place of such male member. Chapter VII Grievance redressal mechanism ---------------------------------------------- ### 14. Internal grievance redressal mechanism.— Every State Government shall put in place an internal grievance redressal mechanism which may include call centres, help lines, designation of nodal officers, or such other mechanism as may be prescribed. ### 15. District Grievance Redressal Officer.— (1) The State Government shall appoint or designate, for each district, an officer to be the District Grievance Redressal Officer for expeditious and effective redressal of grievances of the aggrieved persons in matters relating to distribution of entitled foodgrains or meals under Chapter II, and to enforce the entitlements under this Act. (2) The qualifications for appointment as District Grievance Redressal Officer and its powers shall be such as may be prescribed by the State Government. (3) The method and terms and conditions of appointment of the District Grievance Redressal Officer shall be such as may be prescribed by the State Government. (4) The State Government shall provide for the salary and allowances of the District Grievance Redressal Officer and other staff and such other expenditure as may be considered necessary for their proper functioning. (5) The officer referred to in sub-section (1) shall hear complaints regarding non-distribution of entitled foodgrains or meals, and matters relating thereto, and take necessary action for their redressal in such manner and within such time as may be prescribed by the State Government. (6) Any complainant or the officer or authority against whom any order has been passed by officer referred to in sub-section (1), who is not satisfied with the redressal of grievance may file an appeal against such order before the State Commission. (7) Every appeal under sub-section (6) shall be filed in such manner and within such time as may be prescribed by the State Government. ### 16. State Food Commission.— (1) Every State Government shall, by notification, constitute a State Food Commission for the purpose of monitoring and review of implementation of this Act. (2) The State Commission shall consist of— (a) a Chairperson; (b) five other Members; and (c) a Member-Secretary, who shall be an officer of the State Government not below the rank of Joint Secretary to that Government: Provided that there shall be at least two women, whether Chairperson, Member or Member-Secretary: Provided further that there shall be one person belonging to the Scheduled Castes and one person belonging to the Scheduled Tribes, whether Chairperson, Member or Member-Secretary. (3) The Chairperson and other Members shall be appointed from amongst persons— (a) who are or have been member of the All India Services or any other civil services of the Union or State or holding a civil post under the Union or State having knowledge and experience in matters relating to food security, policy making and administration in the field of agriculture, civil supplies, nutrition, health or any allied field; or (b) of eminence in public life with wide knowledge and experience in agriculture, law, human rights, social service, management, nutrition, health, food policy or public administration; or (c) who have a proven record of work relating to the improvement of the food and nutrition rights of the poor. (4) The Chairperson and every other Member shall hold office for a term not exceeding five years from the date on which he enters upon his office and shall be eligible for reappointment: Provided that no person shall hold office as the Chairperson or other Member after he has attained the age of sixty-five years. (5) The method of appointment and other terms and conditions subject to which the Chairperson, other Members and Member-Secretary of the State Commission may be appointed, and time, place and procedure of meetings of the State Commission (including the quorum at such meetings) and its powers, shall be such as may be prescribed by the State Government. (6) The State Commission shall undertake the following functions, namely:— (a) monitor and evaluate the implementation of this Act, in relation to the State; (b) either suo motu or on receipt of complaint inquire into violations of entitlements provided under Chapter II; (c) give advice to the State Government on effective implementation of this Act; (d) give advice to the State Government, their agencies, autonomous bodies as well as non¬governmental organisations involved in delivery of relevant services, for the effective implementation of food and nutrition related schemes, to enable individuals to fully access their entitlements specified in this Act; (e) hear appeals against orders of the District Grievance Redressal Officer; (f) prepare annual reports which shall be laid before the State Legislature by the State Government. (7) The State Government shall make available to the State Commission, such administrative and technical staff, as it may consider necessary for proper functioning of the State Commission. (8) The method of appointment of the staff under sub-section (7), their salaries, allowances and conditions of service shall be such, as may be prescribed by the State Government. (9) The State Government may remove from office the Chairperson or any Member who— (a) is, or at any time has been, adjudged as an insolvent; or (b) has become physically or mentally incapable of acting as a member; or (c) has been convicted of an offence which, in the opinion of the State Government, involves moral turpitude; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or (e) has so abused his position as to render his continuation in office detrimental to the public interest. (10) No such Chairperson or Member shall be removed under clause (d) or clause (e) of sub-section (9) unless he has been given a reasonable opportunity of being heard in the matter. ### 17. Salary and allowances of Chairperson, Member, Member-Secretary and other staff of State Commission.— The State Government shall provide for salary and allowances of Chairperson, other Members, Member-Secretary, support staff, and other administrative expenses required for proper functioning of the State Commission. ### 18. Designation of any Commission or body to function as State Commission.— The State Government may, if considers it necessary, by notification, designate any statutory commission or a body to exercise the powers and perform the functions of the State Commission referred to in section 16. ### 19. Joint State Food Commission.— Notwithstanding anything contained in sub-section (1) of section 16, two or more States may have a Joint State Food Commission for the purposes of this Act with the approval of the Central Government. ### 20. Powers relating to inquiries.— (1) The State Commission shall, while inquiring into any matter referred to in clauses (b) and (e) of sub-section (6) of section 16, have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) and, in particular, in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; and (e) issuing commissions for the examination of witnesses or documents. (2) The State Commission shall have the power to forward any case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973 (2 of 1974). ### 21. Vacancies, etc., not to invalidate proceedings of State Commission.— No act or proceeding of the State Commission shall be invalid merely by reason of— (a) any vacancy in, or any defect in the constitution of, the State Commission; or (b) any defect in the appointment of a person as the Chairperson or a Member of the State Commission; or (c) any irregularity in the procedure of the State Commission not affecting the merits of the case. Chapter VIII Obligations of central government for food security --------------------------------------------------------------------- ### 22. Central Government to allocate required quantity of foodgrains from central pool to State Governments.— (1) The Central Government shall, for ensuring the regular supply of foodgrains to persons belonging to eligible households, allocate from the central pool the required quantity of foodgrains to the State Governments under the Targeted Public Distribution System, as per the entitlements under section 3 and at prices specified in Schedule I. (2) The Central Government shall allocate foodgrains in accordance with the number of persons belonging to the eligible households identified in each State under section 10. (3) The Central Government shall provide foodgrains in respect of entitlements under sections 4, 5 and section 6, to the State Governments, at prices specified for the persons belonging to eligible households in Schedule I. (4) Without prejudice to sub-section (1), the Central Government shall,— (a) procure foodgrains for the central pool through its own agencies and the State Governments and their agencies; (b) allocate foodgrains to the States; (c) provide for transportation of foodgrains, as per allocation, to the depots designated by the Central Government in each State; (d) provide assistance to the State Government in meeting the expenditure incurred by it towards intra-State movement, handling of foodgrains and margins paid to fair price shop dealers, in accordance with such norms and manner as may be prescribed by the Central Government; and (e) create and maintain required modern and scientific storage facilities at various levels. ### 23. Provisions for funds by Central Government to State Government in certain cases.— In case of short supply of foodgrains from the central pool to a State, the Central Government shall provide funds to the extent of short supply to the State Government for meeting obligations under Chapter II in such manner as may be prescribed by the Central Government. Chapter IX Obligations of state government for food security ----------------------------------------------------------------- ### 24. Implementation and monitoring of schemes for ensuring food security.— (1) The State Government shall be responsible for implementation and monitoring of the schemes of various Ministries and Departments of the Central Government in accordance with guidelines issued by the Central Government for each scheme, and their own schemes, for ensuring food security to the targeted beneficiaries in their State. (2) Under the Targeted Public Distribution System, it shall be the duty of the State Government to— (a) take delivery of foodgrains from the designated depots of the Central Government in the State, at the prices specified in Schedule I, organise intra-State allocations for delivery of the allocated foodgrains through their authorised agencies at the door-step of each fair price shop; and (b) ensure actual delivery or supply of the foodgrains to the entitled persons at the prices specified in Schedule I. (3) For foodgrain requirements in respect of entitlements under sections 4, 5 and section 6, it shall be the responsibility of the State Government to take delivery of foodgrains from the designated depots of the Central Government in the State, at the prices specified in Schedule I for persons belonging to eligible households and ensure actual delivery of entitled benefits, as specified in the aforesaid sections. (4) In case of non-supply of the entitled quantities of foodgrains or meals to entitled persons under Chapter II, the State Government shall be responsible for payment of food security allowance specified in section 8. (5) For efficient operations of the Targeted Public Distribution System, every State Government shall,— (a) create and maintain scientific storage facilities at the State, District and Block levels, being sufficient to accommodate foodgrains required under the Targeted Public Distribution System and other food based welfare schemes; (b) suitably strengthen capacities of their Food and Civil Supplies Corporations and other designated agencies; (c) establish institutionalised licensing arrangements for fair price shops in accordance with the relevant provisions of the Public Distribution System (Control) Order, 2001 made under the Essential Commodities Act, 1955 (10 of 1955), as amended from time. Chapter X Obligations of local authorities ----------------------------------------------- ### 25. Implementation of Targeted Public Distribution System by local authority in their areas.— (1) The local authorities shall be responsible for the proper implementation of this Act in their respective areas. (2) Without prejudice to sub-section (1), the State Government may assign, by notification, additional responsibilities for implementation of the Targeted Public Distribution System to the local authority. ### 26. Obligations of local authority.— In implementing different schemes of the Ministries and Departments of the Central Government and the State Governments, prepared to implement provisions of this Act, the local authorities shall be responsible for discharging such duties and responsibilities as may be assigned to them, by notification, by the respective State Governments. Chapter XI Transparency and accountability ----------------------------------------------- ### 27. Disclosure of records of Targeted Public Distribution System.— All Targeted Public Distribution System related records shall be placed in the public domain and kept open for inspection to the public, in such manner as may be prescribed by the State Government. ### 28. Conduct of social audit.— (1) Every local authority, or any other authority or body, as may be authorised by the State Government, shall conduct or cause to be conducted, periodic social audits on the functioning of fair price shops, Targeted Public Distribution System and other welfare schemes, and cause to publicise its findings and take necessary action, in such manner as may be prescribed by the State Government. (2) The Central Government may, if it considers necessary, conduct or cause to be conducted social audit through independent agencies having experience in conduct of such audits. ### 29. Setting up of Vigilance Committees.— (1) For ensuring transparency and proper functioning of the Targeted Public Distribution System and accountability of the functionaries in such system, every State Government shall set up Vigilance Committees as specified in the Public Distribution System (Control) Order, 2001, made under the Essential Commodities Act, 1955 (10 of 1955), as amended from time to time, at the State, District, Block and fair price shop levels consisting of such persons, as may be prescribed by the State Government giving due representation to the local authorities, the Scheduled Castes, the Scheduled Tribes, women and destitute persons or persons with disability. (2) The Vigilance Committees shall perform the following functions, namely:— (a) regularly supervise the implementation of all schemes under this Act; (b) inform the District Grievance Redressal Officer, in writing, of any violation of the provisions of this Act; and (c) inform the District Grievance Redressal Officer, in writing, of any malpractice or misappropriation of funds found by it. Chapter XII Provisions for advancing food security ------------------------------------------------------- ### 30. Food security for people living in remote, hilly and tribal areas.— The Central Government and the State Governments shall, while implementing the provisions of this Act and the schemes for meeting specified entitlements, give special focus to the needs of the vulnerable groups especially in remote areas and other areas which are difficult to access, hilly and tribal areas for ensuring their food security. ### 31. Steps to further advance food and nutritional security.— The Central Government, the State Governments and local authorities shall, for the purpose of advancing food and nutritional security, strive to progressively realise the objectives specified in Schedule III. Chapter XIII Miscellaneous ------------------------------- ### 32. Other welfare schemes.— (1) The provisions of this Act shall not preclude the Central Government or the State Government from continuing or formulating other food based welfare schemes. (2) Notwithstanding anything contained in this Act, the State Government may, continue with or formulate food or nutrition based plans or schemes providing for benefits higher than the benefits provided under this Act, from its own resources. ### 33. Penalties.— Any public servant or authority found guilty, by the State Commission at the time of deciding any complaint or appeal, of failing to provide the relief recommended by the District Grievance Redressal Officer, without reasonable cause, or wilfully ignoring such recommendation, shall be liable to penalty not exceeding five thousand rupees: Provided that the public servant or the public authority, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed. ### 34. Power to adjudicate.— (1) For the purpose of adjudging penalty under section 33, the State Commission shall authorise any of its member to be an adjudicating officer for holding an inquiry in the prescribed manner after giving any person concerned a reasonable opportunity of being heard for the purpose of imposing any penalty. (2) While holding an inquiry the adjudicating officer 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 adjudicating officer, may be useful for or relevant to the subject matter of the inquiry and if, on such inquiry, he is satisfied that the person has failed to provide the relief recommended by the District Grievance Redressal Officer, without reasonable cause, or wilfully ignored such recommendation, he may impose such penalty as he thinks fit in accordance with the provisions of section 33. ### 35. Power to delegate by Central Government and State Government.— (1) The Central Government may, by notification, direct that the powers exercisable by it (except the power to make rules), in such circumstances and subject to such conditions and limitations, be exercisable also by the State Government or an officer subordinate to the Central Government or the State Government as it may specify in the notification. (2) The State Government may, by notification, direct that the powers exercisable by it (except the power to make rules), in such circumstances and subject to such conditions and limitations, be exercisable also by an officer subordinate to it as it may specify in the notification. ### 36. Act to have overriding effect.— The provisions of this Act or the schemes made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of such law. ### 37. Power to amend Schedules.— (1) If the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification, amend Schedule I or Schedule II or Schedule III or Schedule IV and thereupon Schedule I or Schedule II or Schedule III or Schedule IV, as the case may be, shall be deemed to have been amended accordingly. (2) A copy of every notification issued under sub-section (1), shall be laid before each House of Parliament as soon as may be after it is issued. ### 38. Power of Central Government to give directions.— The Central Government may, from time to time, give such directions, as it may consider necessary, to the State Governments for the effective implementation of the provisions of this Act and the State Governments shall comply with such directions. ### 39. Power of Central Government to make rules.— (1) The Central Government may, in consultation with the State Governments and by notification, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) scheme including cost sharing for providing maternity benefit to pregnant women and lactating mothers under clause (b) of section 4; (b) schemes covering entitlements under sections 4, 5 and section 6 including cost sharing under section 7; (c) amount, time and manner of payment of food security allowance to entitled individuals under section 8; (d) introducing schemes of cash transfer, food coupons or other schemes to the targeted beneficiaries in order to ensure their foodgrains entitlements in such areas and manner under clause (h) of sub-section (2) of section 12; (e) the norms and manner of providing assistance to the State Governments in meeting expenditure under clause (d) of sub-section (4) of section 22; (f) manner in which funds shall be provided by the Central Government to the State Governments in case of short supply of foodgrains, under section 23; (g) any other matter which is to be, or may be, prescribed or in respect of which provision is to be made by the Central Government by rules. (3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two 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. ### 40. Power of State Government to make rules.— (1) The State Government may, by notification, and subject to the condition of previous publication, and consistent with this Act and the rules made by 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 of the following matters, namely:— (a) guidelines for identification of priority households under sub-section (1) of section 10; (b) internal grievance redressal mechanism under section 14; (c) qualifications for appointment as District Grievance Redressal Officer and its powers under sub-section (2) of section 15; (d) method and terms and conditions of appointment of the District Grievance Redressal Officer under sub-section (3) of section 15; (e) manner and time limit for hearing complaints by the District Grievance Redressal Officer and the filing of appeals under sub-sections (5) and (7) of section 15; (f) method of appointment and the terms and conditions of appointment of Chairperson, other Members and Member-Secretary of the State Commission, procedure for meetings of the Commission and its powers, under sub-section (5) of section 16; (g) method of appointment of staff of the State Commission, their salaries, allowances and conditions of service under sub-section (8) of section 16; (h) manner in which the Targeted Public Distribution System related records shall be placed in the public domain and kept open for inspection to public under section 27; (i) manner in which the social audit on the functioning of fair price shops, Targeted Public Distribution System and other welfare schemes shall be conducted under section 28; (j) composition of Vigilance Committees under sub-section (1) of section 29; (k) schemes or programmes of the Central Government or the State Governments for utilisation of institutional mechanism under section 43; (l) any other matter which is to be, or may be, prescribed or in respect of which provision is to be made by the State Government by rules. (3) Every rule, notification and guidelines made or issued by the State Government under this Act shall, as soon as may be after it is made or issued, be laid before each House of the State Legislature where there are two Houses, and where there is one House of the State Legislature, before that House. ### 41. Transitory provisions for schemes, guidelines, etc.— The schemes, guidelines, orders and food standard, grievance redressal mechanism, vigilance committees, existing on the date of commencement of this Act, shall continue to be in force and operate till such schemes, guidelines, orders and food standard, grievance redressal mechanism, vigilance committees are specified or notified under this Act or the rules made thereunder: Provided that anything done or any action taken under the said schemes, guidelines, orders and food standard, grievance redressal mechanism, or by vigilance committees shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force accordingly unless and until superseded by anything done or by any action taken under this Act. ### 42. Power to remove difficulties.— (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: Provided that no order shall be made under this section after the expiry of two years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. ### 43. Utilisation of institutional mechanism for other purposes.— The services of authorities to be appointed or constituted under sections 15 and 16 may be utilised in the implementation of other schemes or programmes of the Central Government or the State Governments, as may be prescribed by the State Government. ### 44. Force Majeure.— The Central Government, or as the case may be, the State Government, shall be liable for a claim by any person entitled under this Act, except in the case of war, flood, drought, fire, cyclone or earthquake affecting the regular supply of foodgrains or meals to such person under this Act: Provided that the Central Government may, in consultation with the Planning Commission, declare whether or not any such situation affecting the regular supply of foodgrains or meals to such person has arisen or exists. ### 45. Repeal and savings.— (1) The National Food Security Ordinance, 2013 (Ord. 7 of 2013) is hereby repealed. (2) Notwithstanding such repeal,— (a) anything done, any action taken or any identification of eligible households made; or (b) any right, entitlement, privilege, obligation or liability acquired, accrued or incurred; or (c) any guidelines framed or directions issued; or (d) any investigation, inquiry or any other legal proceeding initiated, conducted or continued in respect of such right, entitlement, privilege, obligation or liability as aforesaid; or (e) any penalty imposed in respect of any offence, under the said Ordinance shall be deemed to have been done, taken, made, acquired, accrued, incurred, framed, issued, initiated, conducted, continued or imposed under the corresponding provisions of this Act. [See sections 3(1) , 22(1), (3) and 24(2), (3)] SUBSIDISED PRICES UNDER TARGETED PUBLIC DISTRIBUTION SYSTEM Eligible households shall be entitled to foodgrains under section 3 at the subsidised price not exceeding rupees 3 per kg for rice, rupees 2 per kg for wheat and rupee 1 per kg for coarse grains for a period of three years from the date of commencement of this Act; and thereafter, at such price, as may be fixed by the Central Government, from time to time, not exceeding,— (i) the minimum support price for wheat and coarse grains; and (ii) the derived minimum support price for rice, as the case may be. Schedule ---------- [See sections 4(a) , 5(1) and 6] [Substituted by Notification S.O. 403 (E) on 25th January 2023] [https://archive.org/details/in.gazette.central.e.2023-01-25.243223/page/2/mode/2up] The nutritional standards as specified in the table below shall be provided to (i) persons in the age group or physiological group under column (1) of the said Table , and shall be met by providing the type of meal as specified in column (2) thereof , in accordance with the Integrated Child Development Services Scheme ' and (ii) children in the lower and upper primary classes under column (1) of the said Table , and shall be met by providing the type of meal as specified in column (2)thereof , under the PM Poshan Scheme . ![](/indigo/media/Screenshot%20from%202023-02-27%2011-09-43.png) ![](/indigo/media/Screenshot%20from%202023-02-27%2011-10-12.png) (See section 31) ------------------ PROVISIONS FOR ADVANCING FOOD SECURITY (1) Revitalisation of Agriculture— (a) agrarian reforms through measures for securing interests of small and marginal farmers; (b) increase in investments in agriculture, including research and development, extension services, micro and minor irrigation and power to increase productivity and production; (c) ensuring livelihood security to farmers by way of remunerative prices, access to inputs, credit, irrigation, power, crop insurance, etc.; (d) prohibiting unwarranted diversion of land and water from food production. (2) Procurement, Storage and Movement related interventions— (a) incentivising decentralised procurement including procurement of coarse grains; (b) geographical diversification of procurement operations; (c) augmentation of adequate decentralised modern and scientific storage; (d) giving top priority to movement of foodgrains and providing sufficient number of rakes for this purpose, including expanding the line capacity of railways to facilitate foodgrain movement from surplus to consuming regions. (3) Others: Access to— (a) safe and adequate drinking water and sanitation; (b) health care; (c) nutritional, health and education support to adolescent girls; (d) adequate pensions for senior citizens, persons with disability and single women. [See section 3(1) ] STATE-WISE ALLOCATION OF FOODGRAINS \| \| \| \| \| --- \| --- \| --- \| \| S. No. \| Name of the State \| Quantity (in lakh tons) \| \| 1 \| 2 \| 3 \| \| 1. \| Andhra Pradesh \| 32.1 \| \| 2. \| Arunachal Pradesh \| 0.89 \| \| 3. \| Assam \| 16.95 \| \| 4. \| Bihar \| 55.27 \| \| 5. \| Chhattisgarh \| 12.91 \| \| 6. \| Delhi \| 5.73 \| \| 7. \| Goa \| 0.59 \| \| 8. \| Gujarat \| 23.95 \| \| 9. \| Haryana \| 7.95 \| \| 10. \| Himachal Pradesh \| 5.08 \| \| 11. \| Jammu and Kashmir \| 7.51 \| \| 12. \| Jharkhand \| 16.96 \| \| 13. \| Karnataka \| 25.56 \| \| 14. \| Kerala \| 14.25 \| \| 15. \| Madhya Pradesh \| 34.68 \| \| 16. \| Maharashtra \| 45.02 \| \| 17. \| Manipur \| 1.51 \| \| 18. \| Meghalaya \| 1.76 \| \| 19. \| Mizoram \| 0.66 \| \| 20. \| Nagaland \| 1.38 \| \| 21. \| Odisha \| 21.09 \| \| 22. \| Punjab \| 8.7 \| \| 23. \| Rajasthan \| 27.92 \| \| 24. \| Sikkim \| 0.44 \| \| 25. \| Tamilnadu \| 36.78 \| \| 26. \| Tripura \| 2.71 \| \| 27. \| Uttar Pradesh \| 96.15 \| \| 28. \| Uttarakhand \| 5.03 \| \| 29. \| West Bengal \| 38.49 \| \| 30. \| Andaman and Nicobar Islands \| 0.16 \| \| 31. \| Chandigarh \| 0.31 \| \| 32. \| Dadra and Nagar Haveli \| 0.15 \| \| 33. \| Daman and Diu \| 0.07 \| \| 34. \| Lakshadweep \| 0.05 \| \| 35. \| Pudducherry \| 0.5 \| \| \| Total \| 549.26 \|
65bab1c4ab84c7eca86ec5bd	acts	State of Gujarat - Act ------------------------ The Gujarat Non-Agriculturists' Loans Act, 1928 ------------------------------------------------- GUJARAT India The Gujarat Non-Agriculturists' Loans Act, 1928 ================================================= Act 3 of 1928 --------------- * Published on 30 March 1928 * Commenced on 30 March 1928 The Bombay Non-Agriculturists' Loans Act, 1928 Bombay Act No. 3 of 1928 [Dated 30th March 1928] The Act was extended to that part of the State of Bombay to which, immediately before the commencement of Bombay 29 of 1958, it did not extend (vide Bombay 29 of 1958, Section 2). For Statement of Objects, see Bombay Government Gazette, 1928, Part V, p. 7; and for proceedings in Council, see Bombay Legislative Council Debates, 1928, Vol. XXII. An Act to provide for the grant of loans by Government to non-agriculturists [for certain purposes] [These words were substituted by Bombay 6 of 1949, Section 3.] and for the recovery of such loans. Whereas it is expedient to provide for the grant of loans by Government to non-agriculturists [for certain purpose] [These words were substituted by Bombay 6 of 1949, Section 3.] and for the recovery of such loans in manner hereinafter appearing: [\* \* \* \* \* \*] [The words beginning with the words 'And whereas' and ending with the words 'passing of this Act' were deleted by Bombay 29 of 1958, Section 3 (1) .] It is hereby enacted as follows: ### 1. Short title. - This Act may be called "The Bombay Non-Agriculturists' Loans Act 1928." ### 2. [ Extent. [This section was substituted for the original, by Bombay 29 of 1958, Section 3 (2) .] - This Act shall extend to the whole of the [State of Gujarat], ### 3. Purpose for which loans may be granted. - Subject to such rules as may be made under Section 6 loans may be granted under this Act [for erecting rebuilding or repairing houses for building or repairing boats] [These words were substituted for the original by Bombay 6 of 1949, Section 4.] or for the relief of distress to any person to whom a loan under the [Agriculturists] [See Central Acts.] Loans Act 1884 (XII of 1884) cannot be granted. ### 4. Loans already granted to be deemed to have been granted under Act. - All loans granted after the 1st day of August 1927 to such persons as are referred to in Section 3 for the purpose mentioned therein shall be deemed to be loans granted under this Act: ### 5. Recovery of loans. - All loans granted or deemed to have been granted under this Act together with all interest (if any) chargeable thereon and costs (if any) incurred in making or recovering the same shall be recoverable at the direction of the Collector in any one or more of the following modes namely:- [(a) from the borrower-as if they were arrears of land revenue due by him; (b) from his surety (if any)-as if they were arrears of land revenue due by him; (c) out of the assets left by a deceased borrower or surety or out of the property comprised in the collateral security (if any)-according to the procedure for the realisation of land revenue by the sale of a defaulter's moveable or immovable property other than land on which that revenue is due; (d) if the loan is for the benefit of a house out of such house-as if it were arrears of land revenue due in respect of the land on which the house stands. [Explanation. - In this section "Collector" includes a Deputy Commissioner.] [The figure and brackets '(1) ' were repealed by Bombay 11 of 1928, Section 3, and Second Schedule.] ### 6. [ Power to make rules. [For Rules under this section, see Government Notification in the Finance Department No. 6004-E, dated the 1st December, 1930, published in the Bombay Government Gazette, 1930, Part I, pp. 2951-58.] (1) The [[State] Government] may from time to time by notification in the [Official Gazette] [The words 'Official Gazette' were substituted for the words 'Bombay Government Gazette' by the Adaptation Indian Laws Order in Council.] make rules to carry out the purpose of this Act. (2) In particular and without prejudice to the generality of the foregoing power such rules may be made for the following matter, namely:- (a) the manner of making applications for loans; (b) the officers by whom loans may be granted; (c) the nature of the security if any to be taken for the due application and repayment of the money the rate of interest at which and the conditions under which the loans may be granted and the manner and term of granting loans; and (d) the instalments by which and the mode in which loans shall be repaid.] ### 7. [Repeals and Savings.] Omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
65b9f65eab84c7eca86ea54a	acts	State of West Bengal - Act ---------------------------- The Payment Of Wages (West Bengal Amendment) Act, 1981 -------------------------------------------------------- WEST BENGAL India The Payment Of Wages (West Bengal Amendment) Act, 1981 ======================================================== Act 19 of 1981 ---------------- * Published on 4 July 1981 * Commenced on 4 July 1981 The Payment Of Wages (West Bengal Amendment) Act, 1981 West Bengal Act 19 of 1981 [4th July, 1981.] Assent of the President was first published in the Calcutta Gazette, Extraordinary, of the 4th July, 1981. An Act to amend the Payment of Wages Act, 1936, in its application to West Bengal. Whereas it is expedient to amend the Payment of Wages Act, 1936, in its application to West Bengal, for the purpose and in the manner hereinafter appearing; It is hereby enacted as follows:- ### 1. Short title. - This Act may be called the Payment of Wages (West Bengal Amendment) Act, 1981. ### 2. Application of the Act. - The Payment of Wages Act, 1936 (hereinafter referred to as the principal Act) shall, in its application to West Bengal, be amended in the manner hereinafter provided. ### 3. Amendment of section 7 of Act 4 of 1936. - In section 7 of the principal Act, in sub-section (2) , - (a) clause (p), as added by section 3 of the Payment of Wages (West Bengal Amendment) Act, 1975, shall be renumbered as clause (ee); (b) in clause (ee), as so renumbered, for the words "dependants of a deceased employed person", the words "nominees of a deceased employed person nominated in such manner as may be prescribed" shall be substituted: and (c) for the Explanation to clause (ee), as so renumbered, the following Explanations shall be substituted:- "Explanation I. - (1) Where the employed person has a family, a member of the family shall be nominated. (2) Where the employed person has no family, any person may be nominated. Explanation II. - For the purpose of Explanation I, - (1) the family of a male employed person shall include his wife, legitimate children, dependent parents, the widow and legitimate children of his predeceased son: Provided that if such employed person proves that his wife has ceased, under the personal law governing him or the customary law of the community to which the spouses belong, to be entitled to maintenance from him, the wife shall m t be regarded as a member of his family: Provided further that such employed person may subsequently by a notice in writing to such authority as may be specified by the State Government by notification in this behalf declare that his wife may continue to be regarded as a member of his family; (2) the family of a female employed person shall include her husband, legitimate children, dependent parents, husband's dependent parents, the widow and legitimate children of her predeceased son: Provided that such employed person may by a notice in writing to such authority as may be specified by the State Government by notification in this behalf declare that her husband and his dependent parents have been excluded from her family: Provided further that such employed person may subsequently by a notice in writing to such authority cancel the aforesaid notice; and (3) if a legitimate child of an employed person or of a predeceased son of an employed person is validly adopted by any other person under any law in force for the time being, such child shall not be a member of the family of such employed person.".
65b986a1ab84c7eca86e94db	acts	State of Punjab - Act ----------------------- Punjab Home Guards and Civil Defence (Class II) Service Rules, 1988 --------------------------------------------------------------------- PUNJAB India Punjab Home Guards and Civil Defence (Class II) Service Rules, 1988 ===================================================================== Rule PUNJAB-HOME-GUARDS-AND-CIVIL-DEFENCE-CLASS-II-SERVICE-RULES-1988 of 1988 ------------------------------------------------------------------------------- * Published on 26 September 1988 * Commenced on 26 September 1988 Punjab Home Guards and Civil Defence (Class II) Service Rules, 1988 Published vide Punjab Government Notification No. G.S.R.97/Constitution/Article 309/88 dated 26.9.1988 Government of Punjab Department of Home Affairs and Justice No. G.S.R. 97/Constitution/Article The 26th September, 1988/309/88. - In exercise of the powers conferred by section 9 of the Punjab Home Guards Act, 1947 (Punjab Act No. 8 of 1947) and all other powers enabling him in this behalf, the President of India is pleased to make the following rules regulating the recruitment and the conditions of service of persons appointed to the Punjab Home Guards and Civil Defence (Class II) Service, namely :- ### 1. Short title and application. (1) These rules may be called the Punjab Home Guards and Civil Defence (Class II) Service Rules, 1988. (2) They shall apply to the posts specified in Appendix 'A' to these rules. ### 2. Definitions. - In these rules, unless the context otherwise requires, - (a) 'Commission' means the Punjab Public Service Commission ; (b) 'Commandant General' means the Commandant General Home Guards, Punjab; (c) 'Direct appointment' means an appointment made otherwise than by promotion or by transfer of a person already in the service of Government of India or of a State Government; (d) 'Government' means the Government of the State of Punjab in the Department of Home Affairs and Justice ; (e) 'Recognized University' means, - (i) any university incorporated by law in any of the States of India; (ii) the Punjab, Sind or Dacca University in the case of degrees or diplomas obtained as a result of examination held by these universities before the 15th day of August, 1947 ; or (iii) any other university recognized by the Government for the purposes of these rules; and (f) 'Service' means the Punjab Home Guards and Civil Defence (Class II) Service. ### 3. Number and Character of posts. - The Service shall comprise the posts specified in Appendix 'A' to these rules : Provided that nothing in these rules shall affect the inherent right of the Government to add to or to reduce the number of such posts or to create new posts with different designations and scales of pay whether permanently or temporarily. ### 4. Nationality, domicile and character of candidates appointed to Service. (1) No candidate shall be appointed to the Service, unless he is, - (a) a citizen of India ; or (b) a citizen of Nepal ; or (c) a subject of Bhutan ; or (d) a Tibetan refugee who came over to India before the 1st January, 1962 with the intention of permanently settling in India ; or (e) a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka and East African countries of Kenya, Uganda and the United Republic of Tanzania (formerly Tanganyika and Zanzibar) Zambia, Malwani, Zaire, Ethiopia and Vietnam with the intention of permanently settling in India : Provided that a candidate belonging to any of the categories (b) , (c), (d) and (e) shall be a person in whose favour of a certificate of eligibility has been issued by the Government of India. (2) A candidate in whose case, a certificate of eligibility is necessary may be admitted to any examination or interview conducted by the Commission or other recruiting authority of the Government and he may not be appointed until the necessary certificate of eligibility is issued in his favour by the Government of India. (3) No person shall be recruited to the Service by direct appointment, unless he produces, - (a) a certificate of character from the principal academic officer of the university, college, school or institution last attended, if any, and similar certificates from two responsible persons not being his relatives who are well acquainted with him in his private life and are unconnected with his university, college, school or institution ; and (b) an affidavit to the effect that he was never convicted of any criminal offence and that he was never dismissed or removed from service of any State Government of India or any Public Sector Undertaking ; ### 5. Disqualifications. - No person, - (a) who has entered into or contracted a marriage with a person having a spouse living ; or (b) who having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment to the service : Provided that the Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule. ### 6. Age. - No person shall be recruited to the Service by direct appointment if he is less than eighteen years or is more than thirty years of age on the first day of January immediately preceding the last date fixed by the Commission for submission of applications or unless he is within such range of minimum and maximum age limits as may be specifically fixed by the Government of Punjab from time to time : Provided that the condition of upper age limit may be relaxed upto forty-five years in the case of a person already in the service of Government of India or of a State Government: Provided further that in the case of a candidate belonging to Scheduled Castes, Scheduled Tribes or other Backward Classes the upper age limit shall be such as may be fixed by the Government from time to time : Provided further that the appointing authority may for reasons to be recorded, in writing, relax the upper age limit for a category or class of persons. Note :- For age limits to the case of Ex-servicemen, the provisions of Rule 6 of the Punjab Recruitment of Ex-servicemen Rules, 1982 shall apply. ### 7. Appointing Authority. - The appointment to the Service shall be made by the Government. ### 8. Method of appointment and qualifications. (1) All appointments to the service shall be made in the following manner, namely :- (a) in the case of District Commander/Battalion 2nd-in-Command/Junior or Staff Officer/Chief Instructor, - (i) Seventy five per cent by promotion on merit-cum-seniority basis from amongst Company Commanders working under the control of Commandant General and having a minimum experience of live years as such : Provided that only one post of Junior Staff Officer shall be available for appointment by promotion of Superintendents, and (ii) Twenty-five per cent by direct appointment, - (a) from amongst the Ex-servicemen who have been not below the rank of Lieutenant in the Armed Forces of the Union and who are graduates of a recognised university with Punjabi upto Matriculation Standard or having knowledge of Punjabi language of equivalent standard ; or (b) from amongst the persons holding 'C' certificate of the National Cadet Corps and who are Graduates of a recognised University with Punjabi upto Matriculation Standard or having knowledge or Punjabi language of equivalent standard ; and (iii) By transfer from amongst the officers not below the rank of a Deputy Superintendent of Police of the State of Punjab or a Captain of the Armed Forces of the Union, if no suitable candidate is available by the aforesaid methods ; (b) In the case of Administrative-cum-Accounts Officer by the transfer of an Accounts Officer working in the Treasuries and Accounts Organisation of the Department of Finance of the State of Punjab. ### 9. Probation of persons appointed to Service. (1) Persons appointed to the Service shall remain on probation for a period of two years, if recruited by direct appointment, and one year if recruited otherwise : Provided that, - (a) any period, after appointment to the Service, spent on deputation on a corresponding or a higher post shall count towards the period of probation ; (b) in the case of an appointment by transfer, any period of work in equivalent or higher rank, prior to appointment to the Service, may in the discretion of an appointing authority, be allowed to count towards the period of probation; (c) any period of officiating appointment to the Service shall be reckoned as period spent on probation, but no person who has so officiated shall, on the completion of the prescribed period of probation, be entitled to be confirmed, unless he is appointed against a permanent vacancy; and (d) any period of leave not exceeding six months during or at the end of probation shall be counted towards the period of probation. (2) If in the opinion of the appointing authority, the work or conduct of a person during the period of probation is not satisfactory, it may, - (a) if such person is recruited by direct appointment, dispense with his services or revert him to a post on which he had lien prior to his appointment to the Service by direct appointment; and (b) if such person is recruited otherwise, - (i) revert him to his former post ; or (ii) deal with him in such other manner as the terms and conditions of his previous appointment permit. (3) On the completion of the period of probation of a person, the appointing authority, may, - (a) if his work and conduct has in its opinion, been satisfactory :- (i) confirm such person from the date of his appointment, if appointed against a permanent vacancy ; or (ii) confirm such person from the date from which a permanent vacancy occurs, if appointed against a temporary vacancy ; (iii) declare that he has completed his probation satisfactory, if there is no permanent vacancy ; or (b) if his work or conduct has not been, in its opinion, satisfactory, - (i) dispense with his services, if appointed by direct appointment or if appointed otherwise, revert him to his former post, or deal with him in such other manner as the terms and conditions of his previous appointment may permit ; or (ii) extend his period of probation and thereafter pass such orders as it could have passed on the expiry of the period of probation specified in sub-rule (1) : Provided that the total period of probation including extension, if any, shall not exceed three years. ### 10. Seniority of members of Service. - The seniority inter se of the members of the Service in each cadre shall be determined by the length of continuous appointment on a post in that cadre of the Service : Provided that in the case of members of Service recruited by direct appointment who join within the period specified in the order of appointment or within such period as may from time to time be extended by the appointing authority subject to a maximum of four months from the date of the order of appointment, the order of merit determined by the Commission or the other recruiting authority of the Government shall not be disturbed : Provided further that in case a candidate is permitted to join the Service after the expiry of the said period of four months in consultation with the Commission or other recruiting authority of the Government his seniority shall be determined from the date he joins the Service : Provided further that in case any candidate of the next selection has joined the Service before the candidate referred to in the preceding proviso joins, the candidate so referred shall be placed below all the candidates of the next selection who join within the time specified in the first proviso : Provided further that in the case of two members appointed on the same date, their seniority shall be determined as follows :- (a) a member recruited by direct appointment shall be senior to a member recruited otherwise : (b) a member appointed by promotion shall be senior to a member recruited by transfer ; (c) in the case of members appointed by promotion or transfer, the seniority shall be determined according to the seniority of such members in the appointments from which they were promoted or transferred ; and (d) in the case of the members of the Service appointed by transfer from different cadres, their seniority shall be determined according to the pay, preference being given to a member who was drawing a higher rate of pay in his previous appointment, and if the rates of pay drawn are also the same, then by their length of service in those appointments and if the length of service is also the same, an older member shall be senior to a younger member. Note. - Seniority of the members of Service appointed on purely provisional basis, shall be determined as and when they are regularly appointed keeping in view the date of such regular appointments. ### 11. Liability of member of Service to transfer. - A member of the Service may be transferred by the Government to any post whether included in any other Service or not, on the same terms and conditions as are specified in rule 3.17 of the Punjab Civil Services Rules, Volume I, Part I. ### 12. Liability to serve. - A member of the Service shall be liable to serve at any place, whether within or out of the State of Punjab, on being ordered to do so by the appointing authority. ### 13. Leave, pension and all other matters. - In respect of pay, leave, pension and all other matters not expressly provided for in these rules, the members of Service shall be governed by such law, rules and regulations as may have been or may thereafter be adopted or made by the competent authority. ### 14. Pay of members of Service. - The members of the Service shall be entitled to such scales of pay, as may be authorised by the Government from time to time. The scales of the pay at present in force in respect of the members of the Service are given in Appendix 'A' to these rules. ### 15. Discipline, penalties and appeals. (1) In the matter of discipline, punishment and appeals, the members of the Service shall be governed by the Punjab Civil Services (Punishment and Appeal) Rules, 1970, as amended from time to time. (2) The authority empowered to impose penalties as specified in rule 5 of the Panjab Civil Services (Punishment and Appeal) Rules, 1970 and the appellate authority thereunder in respect of the members of the Service shall be as specified in Appendix 'B' to these rules. (3) The authority competent to hear an appeal against an order specified in rule 15 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970, other than an order imposing any of the penalties mentioned in Appendix 'B' to these rules shall also be the Government. ### 16. Oath of allegiance. - Every member of the Service unless he has already done so, shall be required to take an oath of allegiance to India and to the Constitution of India as by law established. ### 17. Liability for vaccination and revaccination. - Every member of the Service shall get himself vaccinated or revaccinated when Government so directs by a special or general order. ### 18. Power to relax. - Where the Government is of the opinion that it is necessary or expedient so to do, it may, by order, for reasons to be recorded, in writing, relax any of the provisions of these rules with respect to any class or category of persons: Provided that the provisions relating to qualifications and experience shall not be relaxed. ### 19. Repeal and saving. - The Punjab Home Guards Rules, 1963 in so as these are applicable to the members of the Service are hereby repealed : Provided that any order issued or any action taken under the rules so repealed shall be deemed to have been issued or taken under the corresponding provisions of these rules. ### 20. Interpretation. - If any question arises as to the interpretation of these rules, the Government shall decide the same. Appendix 'A' (See rules 1, 3 and 14) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Sr.No. \| Designation \| No. of Posts \| Total \| Scale of pay \| \| \| \| \| \| \| \| \| Permanent \| Temporary \| \| \| \| 1. \| District Commander/Battalion 2nd-In-Command/Junior Staff Officer/Chief Instructor \| 16 \| 6 \| 22 \| Rs. 825-25-850-30-1,000/40-1,200/50- 1,400/60-1,580. A Special Pay of Rs. 50 per month shall be admissible to the incumbent of the post of Junior Staff Officer. \| \| \| \| \| \| \| (Administration) . \| \| 2. \| Administrative-cum-Accounts Officer \| .. \| 1 \| 1 \| As admissible to an Accounts Officer in the Treasury and Accounts Organisation of the Department of the Finance of the State of Punjab. \| \| \| Total \| 16 \| 7 \| 23 \| \| Appendix 'B' \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sr.No. \| Designation of Official \| Nature of penalty \| \| Authority empowered to impose penalty \| Appellate authority \| \| 1 \| 2 \| 3 \| \| 4 \| 5 \| \| Minor Penalties \| \| 1. \| Battalion-2nd-in-Command/District Commander/Chief Instructor/Junior Staff Officer. \| (i) Censure(ii) Withholding of increments of pay. \| \| Commandant General Home Guards. \| Government \| \| 2. \| Administrative-cum-Accounts Officer. \| (iii) recovery from his pay of the whole or part of any pecuniary loss caused by him to the Government by negligence or breach of orders; \| \| Government \| Government \| \| \| \| (iv) Withholding of his promotion; \| \| \| \| \| Major Penalties \| \| \| \| (v) reduction to a lower stage in the time scale of pay for a specified period with further directions as to whether or not the Government employee will earn increments of pay during the period of such reduction and whether on the expiry of such period the reduction will or will not have the effect of postponing the future increments of his pay; \| \| Government \| Government \| \| \| \| (vi) reduction to a lower time scale of pay, grade post or service which shall ordinarily be a bar to the promotion of the Government employee to the time scale of pay, grade, post or service from which he was reduced with or without further directions regarding conditions of restoration to the grade or post or service from which the Government employee was reduced and his seniority and pay on such restoration to that grade, post or service; \| \| Government \| Government \| \| \| \| (vii) compulsory retirement ; \| \| \| \| \| \| \| (viii) removal from service which shall not be a disqualification for future, employment under the Government ; \| \| Government \| Government \| \| \| \| (ix) dismissal from service which shall ordinarily be a disqualification for future employment under the Government. \| \| Government \| Government \|
65ba851cab84c7eca86ebdfb	acts	Union of India - Act ---------------------- The Protection of Plant Varieties and Farmers' Rights Scheme, 2015 -------------------------------------------------------------------- UNION OF INDIA India The Protection of Plant Varieties and Farmers' Rights Scheme, 2015 ==================================================================== Rule THE-PROTECTION-OF-PLANT-VARIETIES-AND-FARMERS-RIGHTS-SCHEME-2015 of 2015 ------------------------------------------------------------------------------- * Published on 15 June 2015 * Commenced on 15 June 2015 The Protection of Plant Varieties and Farmers' Rights Scheme, 2015 Published vide Notification No. G.S.R. 497(E) , dated 15th June, 2015 G.S.R. 497(E) . - In exercise of the powers conferred by section 46 of the Protection of Plant Varieties and Farmers' Rights Act, 2001 ( 53 of 2001 ), the Central Government hereby frames the following scheme, namely:- Chapter I Preliminary -------------------------- ### 1. Short title and commencement. (1) This Scheme may be called the Protection of Plant Varieties and Farmers' Rights Scheme, 2015. (2) They shall come into force on the date of their publication in the Official Gazette. ### 2. Definitions. - In these Schemes, unless the context otherwise requires,- (a) "Act" means the Protection of Plant Varieties and farmers' Rights Act, 2001 ( 53 of 2001 ); (b) "Scheme" means the Scheme framed under the Act; (c) "Schedule" means the Schedule annexed to the Schemes; (d) all other words and expressions used, but not defined in this Scheme, but defined in the Act, shall have the meanings respectively assigned to them in the Act. ### 3. Registration of claims. (1) The claim for purposes of Section 41 shall be filed in triplicate in accordance with the first Schedule before the concerned notified centre. (2) The concerned notified centre upon the receipt of the claim under section 41, shall inform the applicant and forward a copy of it to the Authority and thereafter report its findings to the Authority within a period of thirty days from the date of receipt of such claim. (3) Upon the receipt of the copy of the claim from the concerned notified centre, the Authority shall register the claim which shall be maintained in accordance with the Second Schedule. ### 4. Maintenance of records and register. (1) The Authority upon receipt of the report from the concerned notified centre and upon such enquiry and perusal of the report, enter such claim in the register and maintain it in accordance with the Second Schedule. (2) All the documents related to the claim shall be maintained in triplicate. ### 5. Utilisation of amounts received in satisfaction of such claims. (1) The compensation awarded by the Authority in respect of such claims shall be utilised by the community for conservation and sustainable use of genetic resources including in situ and ex situ collections and for strengthening the capability of panchayat in carrying out such conservation and sustainable use. (2) The compensation awarded shall be apportioned by the Authority, if necessary, between the community, its panchayat and Bio-Diversity Management Committee in the ratio as deemed fit by it, for the purpose mentioned above. ### 6. Procedure for disbursal or apportionment. - If any dispute arises between disbursal or apportionment of the compensation, the Authority shall adjudicate it in the manner as may be deemed fit by it. ### 7. Utilisation of benefit sharing. - The Authority shall set-apart ten percent of benefit sharing amount deposited by the registered breeder and shall be utilised for supporting farmers engaged in breeding, discovery or development of varieties in respect of which benefit sharing has been determined. ### 8. Maintenance and audit of accounts. - The maintenance and audit of accounts shall be as specified by the Comptroller and Auditor-General of India for Central autonomous bodies. First Schedule [See paragraph 3(1) ] Form for Claim of Compensation Under Section 41 To, (Name and address of notified centre) \| \| \| \| \| --- \| --- \| --- \| \| 1 \| Name of the applicant(In Capital Letters) \| \| \| 2 \| Status of the applicant \| Persons Group of persons Governmental Non-Governmental \| \| 3 \| If non-Governmental, then details of registration. \| \| \| 4 \| Postal address of applicant (for correspondence) \| \| \| 5 \| Name and location of the village or local community \| \| \| 6 \| Name of the registered breeder against whom claim is filed. \| \| \| 7 \| Name of registered variety in respect of which claimed is filed. \| \| \| 8 \| Details of contribution of the village or local community in respect of the variety (alleged to be used in the evolution of the registered variety) \| \| \| 9 \| Is the variety still being conserved by the village or local communities? If the answer is yes, give the details \| \| \| 10 \| Whether the variety conserved by the village or local community finds place in People's Bio-diversity Register \| \| Declaration Name and address/telephone No. /e-mail of the person with whom the Registrar, Protection of Plant Varieties & Farmers' Rights Authority can correspond with: Name (in block letters) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Postal address (for correspondence) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Block \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Village \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ P.O. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ District \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ State \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Pin \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Tel. (if any) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ The information given in the application is true to the best of my knowledge, information and belief. Signature of the applicant It is hereby certified that the farmer named in this application has conserved and improved the material mentioned in this application form. (To be certified by Chairperson/Secretary of the concerned panchayat Bio-diversity Management Committee or concerned District Agricultural Officer or Director of Research of concerned State Agriculture University or Concerned District Tribal Development Office) (Seal, Sign with date) Note: 1. Please sign each page of the application Form. ### 2. There is no application fee. ### 3. For details/ information in any column, extra pages can be attached as Annexure. ### 4. Declaration to be attached. Second Schedule [See paragraphs 3(2) and 4(1)] Format of register of claims under section 41 \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Serial number \| Applicants name \| Details of village or local community. \| Date of filing of claim in notified centre and details of notified centre. \| Details of community's variety with respect to which claim is filed. \| Details of registered variety against which claim is filed. \| Details of breeder of registered variety against which claim is filed. \| Claim number and year. \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Date of receipt of claim from notified centre. \| Date of receipt of enquiry report from notified centre. \| Date of issue of Form O-12 of Third Schedule of Protection of Plant Varieties & Farmers Rights Rules, 2003. \| Date of filing of Form PV-27 of First Schedule of PPV&FR Rules 2003. \| Details hearing and its outcome. \| Amount of compensation. \| Deposit of compensation in the Gene Fund. \| Date of grant of compensation to claimant. \| \| 9 \| 10 \| 11 \| 12 \| 13 \| 14 \| 15 \| 16 \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Details of utilisation of compensation by the community. \| Details of dispute as to utilisation/disbursal of claim amount. \| Details of apportionment. \| Utilisation for breeding, discovery of development of varieties. \| Comments of audit. \| Others. \| \| 17 \| 18 \| 19 \| 20 \| 21 \| 22 \|
65b9c04aab84c7eca86e9dcc	acts	State of Rajasthan - Act -------------------------- The Rajasthan Value Added Tax Rules, 2006 ------------------------------------------- RAJASTHAN India The Rajasthan Value Added Tax Rules, 2006 =========================================== Rule THE-RAJASTHAN-VALUE-ADDED-TAX-RULES-2006 of 2006 ------------------------------------------------------- * Published on 31 March 2006 * Commenced on 31 March 2006 The Rajasthan Value Added Tax Rules, 2006 Published vide Notification No. G.S.R. 103, dated 31-3-2006, Published in Rajasthan Gazette, Extraordinary, Part 4 (Ga) , dated 31-3-2006, page 153(1) In exercise of the powers conferred by section 99 of the Rajasthan Value Added Tax Act, 2003 (Rajasthan Act No. 4 of 2003), the State Government hereby makes the following rules, namely:- Chapter I ----------- Preliminary ### 1. Short title and commencement. (1) These rules may be called the Rajasthan Value Added Tax Rules, 2006. (2) They shall come into force with effect from 01.4.2006. ### 2. Definitions. (1) In these rules, unless the subject or context otherwise requires,- (a) "Act" means the Rajasthan Value Added Tax Act, 2003 (Rajasthan Act No. 4 of 2003); (b) "Authorized Officer" means an officer not below the rank of Junior Commercial Taxes Officer authorized by the Commissioner for specific purposes; (c) "Chairperson" means the Chairperson of the Tax Board appointed by the State Government and includes a member holding charge of the post of Chairperson; (d) "Document" includes data, record or data generated image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche; (e) "Form" means a Form appended to these rules; (f) "Member" means a Member of the Tax Board appointed by the State Government and includes Chairperson of the Tax Board; (g) "Notice or show cause notice" means a notice issued under the Act or the rules, in the form prescribed under these rules. Where, such notice is issued electronically, bearing a serial number generated by the computer, the signature of issuing authority shall not be required; (h) "Receipt" means an acknowledgement of receiving the documents. Where such receipt is issued bearing a serial number generated electronically, the signature of person receiving the document shall not be required; (i) "Registrar" means the Registrar of the Tax Board appointed by the State Government and includes any officer who performs such functions and duties of the Registrar as may be assigned to him by the Chairperson; (j) "Representative" or "Authorized Representative" means,- (i) a person authorized in writing by a dealer or a person to appear on his behalf before any officer appointed or authority constituted under the Act; or (ii) a person authorized in particular or in general by the Commissioner or any other authority or officer to appear on their behalf, before any officer appointed or authority constituted under the Act or before any court; (k) "Section" means a section of the Act; (l) "Taxpayer's Service Office" means an office, if any, established as such by the Commissioner, where a dealer or a person can submit his application, return or any other document(s) and shall also discharge such other functions as may be assigned to it by Commissioner; (m) "Treasury" means a Government Treasury in the State of Rajasthan and includes a sub-treasury. (2) Words and expressions defined in the Act and not defined in these rules shall have the meaning respectively assigned to them under the Act. Chapter-II Assessing Authorities, Auditors, Appellate Authorities, their Appointment and Jurisdiction ### 3. Assessing Authorities and their jurisdiction. (1) The Assistant Commissioner or the Commercial Taxes Officer shall be the assessing authority for the part or whole of the State as may be determined by the Commissioner and the area so determined shall be called his "Circle". (2) The Assistant Commercial Taxes Officer, subject to the pecuniary jurisdiction assigned to him by the Commissioner, shall be the assessing authority for the part or whole area of the Circle, as may be determined by the Commissioner and the area so determined shall be called his "Ward". (3) The jurisdiction of an assessing authority shall be determined with reference to the "principal place of business" of the dealer as declared by him under sub-section (1) of section 13. (4) In case of a non-resident dealer, the officer authorized by the Commissioner shall be his assessing authority. (5) The officer posted in the Anti-Evasion circle or ward or in the Flying Squad of the Commercial Taxes Department shall exercise jurisdiction over such dealers, in such areas and with respect to such matters, as may be determined by the Commissioner. (6) Where any officer or assessing authority has any doubt or dispute regarding jurisdiction over any dealer or person, the Commissioner shall decide which assessing authority or officer shall have jurisdiction over such dealer or person. (7) Where a dealer or person has any dispute regarding jurisdiction of an assessing authority or officer, the same shall be raised in writing before the Commissioner, within thirty days from the date of receipt of any summons or notice issued by such authority or officer, and the decision of the Commissioner shall be final. ### 4. Distribution of business amongst various assessing authorities in a Circle. (1) Where there are more than one assessing authorities in a Circle, the distribution of business amongst them shall be such as may be determined by the Commissioner. (2) Notwithstanding anything contained in sub-rule (1), the assessment of a dealer falling within the pecuniary jurisdiction of an Assistant Commercial Taxes Officer in a ward shall be made by such Assistant Commercial Taxes Officer. However, if such assessment is made by the Assistant Commissioner or the Commercial Taxes Officer of that-Circle, it shall not be invalid. ### 4A. [ Jurisdiction of officers under Sections 75 and 76 of the Act. [Inserted by Notification No. S.O. 586, dated 9.3.2011 (w.e.f. 31.3.2006).] - Any officer not below the rank of Junior Commercial Taxes Officer shall have Jurisdiction over such area to exercise powers under Section 75 and 76 the Act, as may be determined by the Commissioner.] ### 5. Jurisdiction of Auditors. - The Assistant Commissioner or the Commercial Taxes Officer or the Assistant Commercial Taxes Officer shall be the auditor for such area or for such dealer or class of dealers as may be determined by the Commissioner. ### 6. Area of operation of Taxpayers Service Office. - The area of operation of various Taxpayer's Service Offices shall be such as may be determined by the Commissioner. ### 7. Jurisdiction of Appellate Authorities. - The jurisdiction of the appellate authorities shall be such as may be determined by the Commissioner. ### 8. Jurisdiction and distribution of business amongst other officers. - The jurisdiction and distribution of business amongst the officers of the Commercial Taxes Department not below the rank of Deputy Commissioners other than Appellate Authorities, appointed by the State Government for carrying out the purposes of the Act, shall be such as may be determined by the Commissioner, and the area under the jurisdiction of a Deputy Commissioner (Administration) or a Deputy Commissioner (Administration) Anti-evasion shall be called his "Administrative Zone" or "Anti-Evasion Zone" as the case may be. ### 9. [ The Tax Board and its members. [Substituted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] (1) The Tax Board shall consist of a Chairperson and such members, as may be determined by the State Government, for the proper discharge of the functions and duties conferred upon it, under the Act or any other Act. (2) The Chairperson shall be a member of the Indian Administrative Service. Rajasthan Cadre, not below the rank of Principal Secretary, and shall be appointed by the State Government. (3) One or more members of the Tax Board shall be appointed out of the in-service oi- retired members of the District Judge Cadre of the Rajasthan Judicial Service, or shall be an eminent Advocate having adequate knowledge of State tax laws and eligible to be appointed as a Judge of the High Court. (4) One or more members of the Tax Board shall be appointed from amongst the members of the Super-time/Selection scale of the Rajasthan Commercial Taxes Service. (5) One or more members of the Tax Board shall be appointed from amongst the members of the Higher Super-time/ Super-time scale of the Rajasthan Administrative Service. (6) One or more members of the Tax Board shall be appointed from amongst the members of the Indian Administrative Service, not below the rank of Special Secretary to the Government of Rajasthan or retired officer of the Indian Administrative Service of equivalent rank. (7) Serving officers of the Indian Administrative Service, Rajasthan Judicial Service, Rajasthan Administrative Service and Rajasthan Commercial taxes Service appointed as members of the Board shall ordinarily be appointed for three years subject to their age of superannuation, in their respective service rules, whereas all other members appointed after their retirement shall hold office for a period of three years or attainment of age of sixty five years, whichever is earlier. The advocate member shall ordinarily be appointed for period of three years or attainment of age of 60 years, whichever is earlier. (8) (a) The in-service members of the Tax Board other than a serving IAS officer and the advocate member shall draw monthly salary and allowances as admissible to an officer of the Super-time scale of the Indian Administrative Service. A serving IAS officer shall draw monthly salary and allowances as admissible to him in his service. Retired officers appointed as member shall receive salary equal to the amount of last pay drawn minus pension and other allowances as may be payable to him, had he not retired. (b) The pension of the in service members of the Tax Board, on retirement, shall be determined on the basis of the last pay drawn on the post of member. (9) Subject to the provisions of sub-rule (7) and 18), the terms and conditions of the service of the in-service members appointed from the Indian Administrative Service, the Rajasthan Judicial Service, the Rajasthan Administrative Service and the Rajasthan Commercial Taxes Service, shall be regulated by their respective service rules applicable to them as a member of that service. (10) The member referred to in sub-rule (6) shall be appointed by the State Government. (11) The member of the Tax Board referred to in sub-rule (3) shall be appointed by the State Government on the recommendation of a Committee consisting of the following: \| \| \| \| --- \| --- \| \| (i) The Chief Justice of the High Court or any other High Court Judge of Judicature for Rajasthan nominated by him \| Chairperson \| \| (ii) The Chairperson of the Rajasthan Public Service Commission \| Member \| \| (iii) The Chief Secretary to the Government of Rajasthan \| Member \| \| (iv) The Chairperson of the Tax Board \| Member \| \| (v) The Secretary in charge, Finance Department, Rajasthan \| Member-Secretary \| (12) The member of the Tax Board referred to in sub-rule (4) and (5) shall be appointed by the Government on the recommendation of a committee consisting of the following:- \| \| \| \| --- \| --- \| \| (i) The Chief Secretary to the Government of Rajasthan \| Chairperson \| \| (ii) The Chairperson of the Tax Board \| Member \| \| (iii) The Secretary in charge, Department of personnel, Rajasthan \| Member \| \| (iv) The Secretary In-charge, Finance Department, Rajasthan \| Member-Secretary \| (13) Subject to the upper age limit provided in these rules, the State Government may extend the tenure of appointment of these members.] ### 10. Headquarter of the Tax Board and its functions. (1) The headquarters of the Tax Board shall be at Ajmer with a bench at Jaipur. However, the Tax Board shall hold its sitting at such other places as may be considered fit by the Chairperson. (2) The functions of the Tax Board under the Act and the rules may be discharged by any of the members sitting in single Bench, or in a Bench of two or more members as may be constituted by the Chairperson. (3) The Chairperson shall be competent to transfer a pending appeal from one Bench to another Bench. (4) There shall be a Registrar of the Tax Board who shall exercise such powers and discharge such functions, as may be assigned to him by the Chairperson. (5) The Tax Board may frame the regulations for regulating its smooch functioning with prior approval of Government. Chapter III ------------- Point at which tax is payable ### 11. Point of tax. (1) The first point in the series of sales shall mean the first sale by a registered dealer in the State or such point in the series of sales as may be notified by the State Government. (2) The last point in the series of sales shall be the sale in such series by a registered dealer to a consumer or to an unregistered dealer or to a registered dealer for purposes other than resale within the State or to a registered dealer who has opted for payment of tax under sub-section (2) of section 3 or section 5 of the Act. (3) The multiple point in the series of sales shall mean the sale in such series in the State by every registered dealer. (4) The tax leviable under section 4 of the Act shall be at multiple points in the series of sales, unless otherwise specifically directed by the State Government by a notification. (5) Notwithstanding anything contained in sub-rule (1) to (4), different points in the series of sales for registered dealer or class of registered dealers, may be notified by the State Government. Chapter IV ------------ Registration ### 12. [ Application for Registration. [Substituted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] (1) An application for grant of registration shall be submitted by a dealer- (i) within thirty days from the day on which he becomes liable to pay tax under sub-section (1) or (5) of section 3 of the Act; or (ii) within thirty days from the day on which an order or intimation for the execution of a works contract is received by a works contractor and his turnover of the goods involved in the execution of such contract is likely to exceed the limits laid down in Section 3 of the Act. (2) For grant of registration certificate under the Act, the dealer shall apply in Form VAT-01 electronically through the official website of the department in the manner as provided therein. The dealer shall generate the acknowledgement through the official website of the department, attest it by affixing his signature on it, and submit the duly signed acknowledgement to the authority competent to grant registration along with the following documents, namely:- (i) affidavit in Form VAT-01B; (ii) declaration of business manager in Form VAT-02; (iii) copy of partnership deed, if any, memorandum and articles of association of a company, deed of trust, registration and memorandum of association of society, certified by the applicant; (iv) copy of resolution passed by Board of Directors, in case of a company and of governing body, in case of other entities, for authorisation of a person to file the application for registration, certified by the applicant; (v) security required to be furnished as per section 15 of the Act in such form as prescribed in Rule 77: (vi) signed photo, duly attested by a gazetted officer or notary public, of:- (a) proprietor, in case of Proprietorship concern; (b) every Partner, in case of Partnership firm; (c) Managing Director Director or authorized signatory, in case of a Company; (d) karta, in case of Hindu Undivided Family; or (e) authorized signatory, in all other cases; (vii ) copy of permanent account number allotted by the Income Tax Department; (viii) copy of rent deed or rent receipt or electricity bill or telephone bill or water bill or own property documents, in support of address proof; and (ix) duly cancelled blank cheque. (3) If details regarding permanent account number of business, information regarding bank account with IFSC Code of the Branch, Telephone Number/Mobile Number and E-mail ID are not furnished in the application form for grant of registration certificate in Form VAT-01, it shall be deemed that application for grant of registration is not complete in all respect.] (4) [ If details regarding permanent account number of business, information regarding bank account with IFSC Code of the Branch, Telephone Number / Mobile Number and E-mail ID are not furnished in the application form for grant of registration certificate in Form VAT-01, it shall be deemed that application for grant of registration is not complete in all respect.] [Added by Notification No. S.O. 192, dated 26.3.2012 (w.e.f. 31.3.2006).] ### 12A. [ [Omitted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] \\\.] \| \| \| --- \| \| 12A. Application for e-Registration.- (1) Notwithstanding anything contained in rule 12 an application for grant of registration certificate under the Act may be submitted by a dealer electronically, in Form VAT-01A completed in all respect along with the scanned copy of Form VAT-01B, through the official web-site of the department to the office of the authority competent to grant registration under sub-section (1) of section 13 of the Act. Form VAT-01B shall be typed on non judicial Stamp paper of ten rupees and shall be attested by a Notary Public. The duly signed photos attested by a Notary Public of proprietor/partners/directors/Karta/Trustees/Members of the governing body/authorized signatory, as the case may be, shall be affixed on it. (2) The time limit for submission of application for e-registration shall be as prescribed in sub-rule (2) of rule 12 of the rules. (3) The dealer who has submitted application under sub-rule (1) shall submit the following documents in hard copy thereof within three working days from the end of the day of submission of application in Form VAT-01A, to the authority competent to grant registration:- (a) Signed copy of Form VAT-01A, generated through web site; (b) Form VAT-01B in original; (c) Declaration of business manager in Form VAT 02; (d) Copy of partnership deed, if any, memorandum and articles of association of a company, deed of trust, registration and memorandum of association of society, certified by the applicant; (e) Copy of resolution passed by Board of Directors, in case of a company and of governing body, in case of other entities, for authorisation of a person to file the application for registration certified by the applicant; (f) Security required to be furnished as per section 15 of the Act in such form as prescribed in rule 77; (g) Copy of Permanent Account Number allotted by the Income Tax Department; (h) Copy of rent deed, or rent receipt; and (i) Copy of the last paid electricity bill. (4) If details regarding permanent account number of business, information regarding bank account with IFSC Code of the Branch, Telephone Number/Mobile Number and E-mail ID are not furnished in the application form for grant of registration certificate in Form VAT-01A, it shall be deemed that application for grant of registration is not complete in all respect. \| ### 13. Declaration of Business Manager. (1) Every dealer shall declare the name of his Business Manager(s) in Form VAT-02. In case of a dealer registered under the repealed Act, he shall submit such declaration within a period of sixty days of publication of these rules to the assessing authority and/or the authorized officer. The Commissioner may further extend this period for a maximum period of sixty days. (2) Such declaration shall be signed by:- (a) Proprietor, in case of Proprietorship concern (b) Managing Partner, in case of Partnership firm and where there is no Managing Partner, by any Partner (c) Managing Director/Director or authorized signatory, in case of a Company (d) Karta, in case of Hindu Undivided Family; or (e) Authorized Signatory, in all other cases. (3) In case of any change of Business Manager(s), the dealer shall inform his assessing authority and/or the authorized officer, with in fifteen days from the date of such change and shall submit duly filled in Form VAT-02. (4) The Business Manager(s) so declared shall be deemed to be authorized to receive notice and other documents under the Act, and all acts done by the Business Manager(s) in the course of business shall be deemed to have been done by the dealer and the dealer shall be responsible for all act(s) done by his Business Manager(s) in the course of business. ### 14. Issue of a registration certificate. - [(1) The authority competent to grant registration on receipt of the duly signed acknowledgement generated through the official website of the department accompanied with documents as prescribed in sub-rule (2) of Rule 12 shall, after having satisfied that the application for registration is complete in all respect, issue the registration certificate in Form VAT-03, duly digitally signed by him within 24 hours of the receipt of the such acknowledgement along with the prescribed document. The certificate of registration and the branch certificate of registration, as the case may be, shall be forwarded to the dealer electronically on the email address as provided in Form VAT-01.] [Substituted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] [(1-A) Where a registration certificate is issued under sub-rule (1) , an enquiry to verify the facts and statements made in the application for registration shall be conducted within forty eight hours of such issuance, by an officer not below the rank of Junior Commercial Taxes Officer in such cases, which are selected on the basis of such criterion as may be notified by the Commissioner or the authority competent to grant registration has reasons to believe that enquiry is necessary in the interest of revenue. In such cases the enquiry report shall also be submitted online through the website of the Department by the officer concerned [within twenty four hours from the completion of such enquiry] [Substituted by Notification No. G.S.R. 27, dated 23.7.2016 (w.e.f. 31.3.2006).] .] (2) The registration certificate shall be kept at the principal place of business and it shall not be transferable. (3) Where a dealer has more than one place of business, not being merely a godown or warehouse, the registration certificate shall be issued for the principal place of business as declared by the dealer in the application for registration and for each such other place of business, a certified copy of registration certificate to be known as the Branch Certificate of registration shall be issued. (4) (a) The authority competent to grant registration or the authorized officer, while issuing the Branch Certificate of registration, shall mention in the original certificate of registration, full address of such other place(s) of business along with the name and style in which such business is carried on. (b) In case, where, such other place(s) of business is/are outside his jurisdiction, he shall send a copy of the Branch Certificate of registration within seven days from the date of issue of such Certificate, to the Deputy Commissioner (Administration) of the concerned Zone, who after due verification of facts, shall inform back to the authority competent to grant registration or the authorized officer within thirty days of such communication. (5) The Branch Certificate of registration shall be valid so long as the original certificate of registration is valid, unless revoked earlier. ### 15. [ Issue of duplicate registration certificate. [Substituted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] (1) Where the certificate of registration issued to a dealer is lost or misplaced or accidentally destroyed, he shall apply for issuance of a duplicate certificate of registration to the authority competent to grant registration in Form VAT- 04 electronically through the official website of the department in the manner provided therein. (2) The authority competent to grant registration shall issue him a duplicate certificate of registration in Form VAT-03 in the manner as provided in Rule 14.] ### 16. Amendment in registration certificate. (1) The authority competent to grant registration or the authorized officer, on receipt of an application in [Form VAT-05 submitted electronically through the official website of the department in the manner provided therein] [Substituted 'Form VAT-05 filed' by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] within the time provided in sub-section (1) of section 16 by the dealer for amendment in certificate of registration, shall after due enquiry, amend the certificate of registration within thirty days of receipt of such application and where such application is not disposed of within the said period, the same shall be deemed to have been accepted. (2) Where the dealer wishes to open branch(es), he shall apply in [Form VAT-06 submitted electronically through the official website of the department in the manner provided therein] [Substituted 'Form VAT-06' by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] for issue of a branch certificate of registration to the authority competent to grant registration or the authorized officer. The authority competent to grant registration or the authorized officer shall issue him an amended certificate of registration in Form VAT-03 in the manner as prescribed in rule 14. (3) [ Where the business of a dealer is discontinued permanently, or the business of a dealer is transferred and the transferee already holds the certificate of registration, or the dealer ceases to be required to be registered under the Act, the dealer shall submit an application electronically through the official web-site of the Department in the manner provided therein in Form VAT-06A along with the return up to the date of occurrence of such event as prescribed in Section 21 of the Act, within thirty days of the occurrence.' of such event to his assessing authority or any officer authorised by the Commissioner in this behalf for cancellation of the certificate of registration. The assessing authority or any officer authorised by the Commissioner shall assess the dealer within thirty days of the receipt of such application and shall cancel his certificate of registration.] [Substituted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] ### 16A. [ Application for seeking permission for change of Assessing Authority and amendment in registration certificate. [Inserted by Notification No. G.S.R. 8, dated 24.5.2016 (w.e.f. 31.3.2006).] (1) An application for change in principal place of business outside the territorial jurisdiction of the present assessing authority shall be submitted by" a dealer in Form VAT-05 electronically through the official website of the department in the manner provided therein, within the time provided in sub-section (1) of section 16 to the officer authorized by the Commissioner under sub-section (3) of Section 13. (2) On receipt of application, the authorized officer shall conduct such enquiry as he deems fit and take appropriate decision, within 30 days of receipt of application. If he grants the permission, he shall direct the authority competent to grant registration to amend the certificate of registration. (3) The authorized officer shall also inform the present assessing authority regarding such direction. (4) The authority competent to grant registration shall amend the certificate of registration within two working days of receipt of such direction and shall issue an amended certificate of registration to such dealer in Form VAT-03 in the manner as prescribed in Rule 14.] ### 17. Amendment of registration certificate in special cases. (1) The registration certificate issued to a dealer under the Rajasthan Sales Tax Act, 1994 (Act No. 22 of 1995), shall be deemed to have been issued under the Act. (2) [ A dealer may, at the time of submitting the application for registration, opt for payment of tax in accordance with the provisions of sub-section (2) of section 3 of the Act.] [Substituted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] (3) A registered dealer who had not opted for payment of tax in accordance with the provisions of sub-section (2) of section 3 as per sub-rule (2), can exercise such option later on but only after the end of the relevant year [by submitting an application in Form VAT-06B, within thirty days of the commencement of the financial year, electronically through the official web-site of the Department in the manner provided therein] [Substituted 'by submitting an application within thirty days of the commencement of the year along with the original certificate of registration' by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] , to the Tax payer Service Office of the area or to the office of the authority competent to grant registration. In such cases the credit of input tax availed by him on the closing stocks shall be reversed while paying the tax for the tax period in which application for change of option has been filed. (4) Where the turnover of a registered dealer who has opted to pay tax in accordance with the provisions of sub-section (2) of section 3. exceeds the limits of the said sub-section (1) of section 3, he shall within fifteen days of occurrence of such event, [submit an application in Form VAT-06C electronically through the official web-site of the Department in the manner provided therein] [Substituted 'submit an application along with the original certificate of registration' by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] to the Taxpayer's Service Office or the authority competent to grant registration. (5) [ A registered dealer who had opted for payment of tax in accordance with the provisions of sub-section (2) of section 3, may opt out of it [by submitting an application in Form VAT- 06C electronically through the official web-site of the Department in the manner provided therein] [Substituted by Notification No. S.O. 586, dated 9.3.2011 (w.e.f. 31.3.2006).] to the assessing authority or the authority competent to grant registration or Taxpayer's Service Office.] (6) On receipt of the application under sub-rule (2) or (3) or (4) or (5), the assessing authority or the authority competent to grant registration, shall amend the certificate of registration in a manner to indicate the requested status of the applicant dealer. [The assessing authority or the authority competent to grant registration shall issue him an amended certificate of registration in Form VAT-03 in the manner as prescribed in Rule 14.] [Added by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] (7) A registered dealer who is covered under sub-rule (4), shall be liable to pay tax as per sub-section (1) of section 4 from the date of occurrence of such event and for the earlier period he shall be required to pay tax at the rate notified under sub-section (3) of section 4. ### 17A. [ Option for payment of lump sum in lieu of tax. [Inserted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] (1) A dealer may, opt for payment of tax in lump sum in accordance with the provisions of section 5, by submitting an application in Form VAT-69, electronically through the official web-site of the department, in the manner provided therein, within thirty days of the issuance of registration certificate, or within thirty days of issuance of any notification under section 5 whichever is later. A registered dealer can also exercise such option from the beginning of any year by submitting the application, within thirty days of commencement of the year. (2) Where a dealer fails to submit the application within the time provided in sub-rule (1) above, he may opt for payment of tax in lump sum in accordance with the provisions of section 5, by submitting an application in Form VAT-69, electronically through the official web-site of the department, and details of deposit of: (i) the tax charged or collected, if any; (ii) the lump sum amount which has become due along with interest, if any; and (iii) late fee of rupees one hundred per day, subject to a maximum of 100% of the lump sum amount of tax which has become due. (3) No application under this rule shall be entertained.- (i) after the close of the relevant year; or (ii) where any enquiry is pending relating to evasion or avoidance of tax under section 25 or section 27 of the Act. (4) On receipt of the application in Form VAT-69, the assessing authority or any officer not below the rank of Assistant Commercial Taxes Officer authorized by the Commissioner in this behalf shall within seven days of receipt of the application grant permission to generate certificate for payment of tax in lump sum in Form VAT-70, electronically through the official web-site of the department, which shall remain in force unless the dealer opt out from option of payment of lump sum, or the dealer has closed the business or the certificate is cancelled by the assessing authority or officer authorized by the Commissioner in this behalf. (5) The dealer opting for payment of lump sum in lieu of tax shall deposit the lump sum amount in accordance with the provisions of section 20, as if lump sum is tax. (6) The dealer opting for payment of lump sum in lieu of tax shall reverse the input tax credit availed by him on the closing stock. (7) Where a registered dealer having goods, in stock which has not suffered tax at full rate, opts for payment of tax in lump sum in accordance with the provisions of section 5, such dealer shall deposit tax on such stock at the rate applicable at the time of exercising the option. (8) A dealer, who had opted for payment of tax in lump sum, may opt out of it by submitting an application in Form VAT-71, electronically through the official web-site of the department, in the manner provided therein, to the assessing authority. In such case the dealer shall he liable to pay tax as per sub-section (1) of section 4 from the date he has opted out and for earlier period he shall be required to pay tax in lump sum in accordance with the provisions of section 5. (9) Every dealer availing the benefit of any notification issued under section 5 shall he subject to following conditions, namely:- (i) that such dealer shall not charge or collect any tax from a purchaser on the sale of goods for which he has opted for payment of tax in lump sum in accordance with the provisions of section 5, however, tax charged or collected by the dealer shall have to be deposited forthwith and the tax already deposited shall not be refunded. (ii) unless otherwise notified, that such dealer shall not be entitled to claim input tax credit in respect of purchases of such goods for which he has opted for payment of tax in lump sum in accordance with the provisions of section 5. (iii) if such dealer violates any of the conditions mentioned above or in any notifications issued under section 5 of the Act or aids or abets the evasion of tax, the assessing authority, after affording reasonable opportunity of being heard, may cancel the certificate issued under this rule. This will be without prejudice to the action, penal or otherwise, for which such dealer shall be liable under the provisions of the Rajasthan Value Added Tax Act, 2003 and rules made there under. (10) Where the application of any dealer, for payment of tax in lump sum under any notification issued under section 5, is pending such dealer shall submit afresh application within thirty days from the date of commencement of the Rajasthan Value Added Tax (Amendment) Rules, 2014. (11) The Certificates issued earlier under any notification issued under section 5 shall be deemed to have been issued under this rule: Provided that the dealer who has opted for payment in lump sum in lieu of tax under any notification issued under section 5, the provisions for the period prior to 14.07.2014 shall remain in force, as if the said notification has not been rescinded.] Chapter V ----------- Input Tax Credit, Filing of Returns and Declaration Forms ### 18. Computation of input tax credit. - [(1) The input tax credit shall be allowed on the basis of original VAT invoice and where such invoice has been lost or destroyed, on the basis of duplicate copy thereof issued to him in accordance with sub-rule (4) of Rule 38. However, claim of input tax credit of the additional tax deposited may be allowed on the basis of VAT invoice which has been issued subsequently in compliance of the decision of any competent court or authority, showing the tax at higher rate. The extent of input tax credit available to a registered dealer shall be equal to the amount of tax paid on purchases in the State as evident from the VAT invoice, subject to the following conditions:- (i) that such dealer has maintained a true and correct separate account of his purchases against VAT invoices in Form VAT-07 and submits the summary thereof in Form VAT-07A, along with the return prescribed in Rule 19. (ii) that such dealer has maintained a true and correct separate account of his sales in Form VAT-08 and submits summary thereof in Form VAT-08 A, along with the return prescribed in Rule 19. (iii) that the amount of input tax credit for a tax period shall not be more than the amount verified in the manner notified under sub-section (2) of section 18 of the Act. Note. - In Form VAT-07, VAT-07A, VAT-08 and VAT-08A, the VAT invoices shall be entered in the quarter in which the date of invoice falls, even if the receipt of goods is spread over to different quarters in a year or years.] (2) [ Input tax credit in respect of purchase of capital goods on VAT invoice shall be allowed in the above manner and shall be carried forward till the first sale of the goods manufactured from such capital goods.] [Substituted by Notification No. S.O. 586, dated 9.3.2011 (w.e.f. 31.3.2006).] (3) [, (4) and (5) \\\] [Deleted 'Clause (3) , (4) and (5)' by Notification No. S.O. 586, dated 9.3.2011 (w.e.f. 31.3.2006).] (6) The input tax credit under this rule shall be available on the basis of books of accounts and records of the dealer. Where, the amount of input tax credit is not determinable from the books of accounts of the dealer, the amount of input tax credit shall be allowed proportionate to the extent for the purposes specified in sub-section (1) of section 18 of the Act. (6A) [ Where a dealer is required to deposit tax on all kinds of stone in all their forms, whether used as building material or otherwise, including Kota stone, marble and granite, at the check posts, such dealer, may by affixing a seal to this effect, shall mention on his VAT invoice, the total input tax credit available to him from the commencement of the year up to the issuance of such invoice, the input tax credit he claimed, the balance of input tax credit available to him, and the amount of tax payable and to be deposited on the basis of VAT invoice. The dealer shall also authenticate such information on the VAT invoice itself. On receipt of such authenticated VAT invoice, the officer incharge of the check post shall collect the tax payable as per such VAT invoice. The dealers availing this facility shall submit monthly statement of his purchase along with available input tax credit in Form VAT 07 and output tax in Form VAT 08 within seven days of the close of the month, to the assessing authority.] [Inserted by No. F. 12(63) FD/Tax/2005-60, dated 9-6-2006, Published in Rajasthan Gazette Extraordinary, Part IV-C(I), dated 17-6-2006, page 27(1).] (7) [ Where the turnover of a dealer who has opted to pay tax under sub-section (2) of section 3, exceeds the limit of the said sub-section or he opts out of the said sub-section or his liability accrues under clause (a) or (b) of sub-section (1) or under sub-section (5) of section 3, no input tax credit shall be allowed on the goods in stock on the date of occurrence of such event.] [Substituted by Notification No. S.O. 586, dated 9.3.2011 (w.e.f. 31.3.2006).] (7A) [ Where a registered dealer having goods in stock which had not suffered tax at full rate, intends to exercise option to pay tax under sub-section (2) of section 3, he shall deposit tax on such stock at the rates applicable at the time of exercising the option, and proof of tax so deposited shall be submitted along with his application for exercising such option.] [Inserted by No. F. 12(63) FD/Tax/2005-60, dated 9-6-2006, Published in Rajasthan Gazette Extraordinary, Part IV-C(I), dated 17-6-2006, page 27(1).] (8) A registered dealer who opts to pay tax under sub-section (2) of section 3, the credit of input tax availed by him on the goods in stock shall be reversed. (9) The dealer opting for payment of tax under sub-section (2) of section 3 or section 5, shall not be entitled to claim input tax credit in respect of the goods in stock on the date of exercise of such option. (10) In case a dealer opts to pay tax in accordance with sub-section (7) of section 4, the following procedure shall be adopted.- (i) A registered dealer who opts to pay tax at the full rate on the maximum retail price of the notified goods under sub-section (7) of section 4, shall submit an application [in Form VAT- 06D electronically through the official web-site of the Department in the manner provided therein] [Substituted 'to this effect, on a plain paper' by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] to his assessing authority or officer authorized by the Commissioner, [within sixteen days of commencement of the Act or within thirty days of start of his business, whichever is later.] [Substituted by No. F. 12(63) FD/Tax/2005-34, dated 5-5-2006, Published in Rajasthan Gazette Extraordinary, Part IV-C(I), dated 6-5-2006, page 15.] For subsequent years, such application shall be submitted within thirty days of the commencement of the financial year. The opting dealer shall charge tax on the maximum retail price if it is exclusive of tax and in case the maximum retail price is inclusive of tax, the dealer shall charge tax on the price as calculated hereunder.- Price=(Maximum Retails Price x 100)/(100 + Rate of tax) The amount of tax so charged shall be the output tax of such dealer. (ii) Where a registered dealer purchases any goods from the dealer covered under sub-rule (1), sale of such goods made by him shall not be included for determining his turnover of sales as defined in clause (41) of section 2. Such dealer shall maintain a separate account of such goods, tax paid and reimbursement of tax so paid, and shall submit the details thereof, along with his returns to his assessing authority or authorized officer. He shall also indicate separately in his sale invoice, the amount of reimbursement of tax paid by him at the time of purchase. (iii) Where a registered dealer purchases any goods, as notified by the State Government under sub-section (7) of section 4, from a registered dealer, other than the dealers specified in sub-rule (1), sale of such goods made by him shall not be included for determining his turnover of sales as referred to in clause (41) of section 2. Such dealer shall maintain a separate account of such goods, tax paid and reimbursement of tax so paid, and shall submit the details thereof, along with his returns to his assessing authority or authorized officer. He shall also indicate separately in his sale invoice, the amount of reimbursement of tax paid by him at the time of purchase. (11) The input tax credit under section 19 of the Act, for stock on the date of commencement of the Act shall be available only after the quarter ending on 30th June, 2006, and the eligible dealer shall be entitled to claim such credit in six equal monthly installments starting from July 1, 2006, provided that such dealer has submitted the information required under sub-section (2) of section 93 of the Rajasthan Sales Tax Act, 1994, within the time specified in the notification [However, in case a dealer has availed such input tax credit even before the above specified period, such input tax credit would be reversed unless the dealer deposits interest for the period of earlier availment of such input tax credit up to 31.3.2008.] [Added by Notification No. S.O. 439, dated 25.2.2008 (w.e.f. 31.3.2006).] ### 19. [ Returns. [Substituted by Notification No. S.O. 586, dated 9.3.2011 (w.e.f. 31.3.2006).] (1) The return referred to in sub-section (1) of section 21 of the Act, shall be submitted by a dealer in Form VAT-10, VAT 10A and VAT 11, as the case may be. (2) [ Every dealer shall submit return electronically through the official website of the department, unless otherwise notified by the Commissioner. The return shall be digitally signed by the dealer or his business manager. However, where the dealer has given his consent to use the official website for submitting return in the prescribed manner, he may submit return without digital signature. However, for the period prior to 01.04.2014, if the dealer has failed to furnish the signed copy of acknowledgement generated through the official website of the department, within the time prescribed under the rules which were in force at that time, the date of submission of signed copy of said acknowledgement shall be deemed to be the date of the filing of the return.] [Substituted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] (3) [ Where the amount of tax, interest or late fee, if any, is not paid electronically, the dealer shall furnish the copy of e-challan, receipt in Form VAT-38 or certificate of tax deduction at source, as a proof of deposit, to the assessing authority or the officer authorized by the Commissioner, when demanded by such authority or the officer.] [Substituted by Notification No. G.S.R. 30, dated 9.10.2014 (w.e.f. 31.3.2016).] (3-A) The dealer shall also submit; [(i) the trading account and in case of manufacturer, trading and manufacturing account, with the fourth quarterly return or the annual return, as the case may be; (ii) the profit and loss account within nine months of the close of the year [\\\]] (4) Return in Form VAT-11 shall be submitted, within ninety days of the end of the relevant year, by the following class of dealers: (a) who has opted for payment of tax under sub-section (2) of Section 3; or (b) who exclusively deals in goods; (i) which are exempted under the Act or (ii) on which option to pay tax in lump sum has been exercised under Section 5; or (iii) which are taxable at first point in the series 01 sales and the goods have suffered tax at the said first point; or (iv) which are taxable at minimum retails price under sub-section (7) of Section 4 and such goods have suffered tax at maximum retail price under the said such section; or (v) which are exempted under sub-section (3) of Section 8 on the condition of payment of exemption fee, or (vi) as may be notified by the Commissioner. [Provided that in case dealer who is required to get his accounts audited under Section 44-AB of the Income Tax Act, 1961 (Central Act No. 43 of 1961), may submit return within nine months from the end of the relevant year.] [Added by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] [Provided further that the return in Form VAT-11 for the period ending on 30.6.2017 shall be submitted on 30.9.2017 by the dealers other than those engaged in sale or purchase of goods included in Entry Number 54 of the State List of Seventh Schedule to the Constitution.] [Added by Notification No. S.O. 86, dated 29.6.2017 (w.e.f 31.3.2006).] (5) Return in Form VAT-10 shall be submitted by all dealers other than those enumerated in sub-rule (4) above, along with statement of purchases in Form VAT-07A and statement of sales in Form VAT-08A, - [(a) within sixty days of the end of the quarter by the dealers who have deposited less than Rs. 50,000/- as tax under the Rajasthan Value Added Tax Act, 2003, including the Central Sales Tax Act, 1956, during the previous year; (b) within forty five days of the end of the quarter by the dealers other than enumerated in clause (a) above.] [Provided that the return in Form VAT-10 for the period ending on 30.6.2017 shall be submitted upto 30.9.2017 by the dealers other than those engaged in sale or purchase of goods included in Entry Number 54 of the State List of Seventh Schedule to the Constitution,] [Added by Notification No. S.O. 86, dated 29.6.2017 (w.e.f 31.3.2006).] (6) Annual Return in From VAT-10A shall be submitted by all dealers covered under sub-rule (5) within nine months from the and of the relevant year. (7) [ Notwithstanding anything contained in this rule, any dealer or class of dealers as may be specified by the Commissioner, shall file the return referred to in sub-section (1) of Section 21 of the Act, electronically in the manner as provided in Rule 19-A of the said rules.] [Added by Notification No. G.S.R. 76, dated 29.8.2008 (w.e.f. 31.3.2006).] [Provided that the return in Form VAT-10-A for the period ending on 30.6.2017 shall be submitted upto 31.3.2018 by the dealers other than those engaged in sale or purchase of goods included in Entry Number 54 of the State List of Seventh Schedule to the Constitution.] [Added by Notification No. S.O. 86, dated 29.6.2017 (w.e.f 31.3.2006)] (8) Where a dealer discovers any omission or error in From VAT-B furnished by him, he may furnish revised return at any time prior to the due date of filling annual return or audit report or on receipt of the notice under sub-section (1) of Section (1) of Section 24, whichever is earlier. (9) Notwithstanding any thing contained in sub-rule (1) to 7) above, the return(s) for the period prior to 01.04.2011 may be submitted in such manner and in such from which was in force for that period.] [Substituted by Notification No. S.O. 192, dated 26.3.2012 (w.e.f. 31.3.2006).] ### 19A. [ Late fee. [Substituted by Notification No. S.O. 238, dated 6.3.2013 (w.e.f. 31.3.2006).] - Where a dealer furnishes the return after the prescribed time, he shall pay a late fee of- (i) rupees one hundred per day subject to a maximum of rupees twenty five thousand, in case the dealer is required to pay tax for each month or part thereof under Section 20 of the Act; (ii) rupees fifty per day subject to a maximum of rupees one thousand, in case there is no turnover of the dealer during the period under return; and (iii) rupees fifty per day subject to a maximum of rupees five thousand, in all other cases.] ### 20. Requisition of return from an unregistered dealer. (1) The assessing authority or the authorized officer, may by a notice in Form VAT-14, require any unregistered dealer to furnish within the time specified in the notice, a return or returns in Form VAT-10 in respect of the period specified in the notice; however, such notice shall not be with respect to any period prior to five years from the date of issue of such notice. (2) On the service of the notice under sub-rule (1), the dealer concerned shall file the return or returns as directed in the notice. If dealer fails to comply, the assessing authority or the authorized officer shall proceed to assess the dealer to the best of his judgment. ### 21. [ Declaration forms. [Substituted by Notification No. S.O. 238, dated 6.3.2013 (w.e.f. 31.3.2006).] (1) A dealer, who claims partial or full exemption from payment of tax on sale of goods,- (i) [ to another dealer or person in the State, shall furnish a duly filled in declaration or certificate or declaration in Form VAT-72 obtained from the purchasing dealer or person, required to be furnished under any notification issued under the Act, to his assessing authority up to the due date of filing of annual return or audit report, as the case may be;] (ii) in the course of export of those goods out of the territory of India within the meaning of sub-section (3) of Section 5 of the Central Sales Tax Act, 1956 (Act No.74 of 1956), shall furnish a duly filled in and signed declaration in Form VAT-15 obtained from the exporter, to his assessing authority, up to the due date of filing of annual return or audit report, as the case may be: Provided that the Commissioner on being satisfied and after recording reasons for doing so, may by notification in the Official Gazette, extend the period of furnishing such declaration Form or certificate for a period not exceeding one year. Provided further that for the assessment completed up to September 30, 2012, the dealer may furnish the declaration Forms or certificates up to June 30, 2013. [Provided further that for the assessments completed upto 30.6.2017, the dealer may furnish the declaration Forms or certificate upto 31.3.2018.] [Substituted by Notification No. S.O. 86, dated 29.6.2017 (w.e.f 31.3.2006).] 2007.] [Inserted by No. F. 12(28) FD/Tax/2007/149, dated 9-3-2007, Published in Rajasthan Gazette Extraordinary, Part IV-C(I), dated 9-3-2007, page 451.] [Provided also that for the assessment related to year 2015-16 onwards, the dealer may furnish the declaration Forms or certificate upto the time of assessment by the assessing authority or upto 31.3.2019, whichever is later.] [Added by Notification No. S.O. 86, dated 29.6.2017 (w.e.f 31.3.2006).] (2) For obtaining declaration Form VAT-15, the dealer shall submit an initial application to his assessing authority, electronically through the Official Website of the Department in the manner as provided therein. (3) On receipt of such application, the assessing authority, subject to the provisions of sub-rule (4) and subject to compliance of notice issued under sub-Section (2) of Section 91 of the Act, if any, shall grant permission to the dealer to generate declaration Form VAT-15 electronically through the Official Website of the Department, and intimation of such permission shall be communicated to the dealer, through the Official Website of the Department. (4) The assessing authority shall reject the application submitted under sub-rule (2), where,- (a) the applicant dealer has failed to comply with an order demanding initial or additional security under Section 15 of the Rajasthan Value Added Tax Act, 2003 and/or under sub-section (2A) of Section 7 and / or under sub-section (3A) of Section 7 of the Central Sales Tax Act, 1956; or (b) the applicant dealer does not require the declaration Forms applied for; or (c) the applicant dealer has not made proper use of Forms previously obtained by him; or (d) the applicant dealer has failed to make payment of any outstanding demand(s) under the Rajasthan Value Added Tax Act, 2003 and / or the Central Sales Tax Act, 1956 and/or the the Rajasthan Sales Tax Act, 1994 and / or the Rajasthan Sales Tax Act, 1954; or (e) the applicant dealer has failed to pay tax or any other sum due under the provisions of the Rajasthan Value Added Tax Act, 2003 and / or the Central Sales Tax Act, 1956, within the time prescribed under the said Act; or (f) the applicant dealer has failed to furnish any return or returns in accordance with the provisions of the Rajasthan Value Added Tax Act, 2003 and the Central Sales Tax Act, 1956 for the immediately preceding two years; or (g) the verification of facts and statements made in the application of registration in accordance with the provisions of the Rajasthan Value Added Tax Act, 2003 has not been made; However, the Commissioner or any officer authorized by the Commissioner in this behalf, in any particular case, if satisfied that the interest of the State revenue so requires, may direct the assessing authority to grant permission under sub-rule (3) subject to such conditions as may be considered reasonable. (5) After grant of permission for generation of declaration in Form VAT-15, the dealer shall submit a subsequent application for generation of declaration Form VAT-15 through the Official Website of the Department in the manner as provided therein. (6) After submission of application as provided in sub-rule (5), the system shall generate duly filled in declaration Form VAT-15, subject to the provisions of sub-section (7), separately for each transaction. (7) The system shall not generate declaration Form VAT-15, after the grant of permission under sub-rule (3) for generation of declaration Form VAT-15 electronically, where the dealer fails to,- (i) make payment of any outstanding demand(s) under the Rajasthan Value Added Tax Act, 2003 and/ or the Central Sales Tax Act, 1956 and / or the Rajasthan Sales Tax Act, 1994 and / or the Rajasthan Sales Tax Act, 1954; or (ii) pay tax or any other sum due under the provisions of the Rajasthan Value Added Tax Act, 2003 and/ or the Central Sales Tax Act, 1956 within the time prescribed under the said Act; or (iii) furnish any return or returns in accordance with the provisions of the Rajasthan Value Added Tax Act, 2003 and the Central Sales Tax Act, 1956 for the immediately preceding two years. The dealer shall be allowed to generate the declaration Form VAT-15 only after fulfillment of above requirements. However, the Commissioner or any officer authorized by the Commissioner in this behalf, in any particular case, if satisfied that the interest of the State revenue so requires, may dispense with the above requirements, and permit the assessing authority to allow the dealer to generate such forms in such numbers, subject to such conditions and restrictions as may be considered reasonable. (8) Where any dealer, after generation of declaration Form VAT-15 discovers that he has filled in incorrect particulars or any other information at the time of generating the declaration mentioned above, and intends to rectify the same, he shall submit an application to his- assessing authority within sixty days of the generation of such declaration form, mentioning therein the incorrect particulars or any other information furnished by him which he wants to rectify and the correct particulars or any other information in respect thereof. Such application shall be accompanied with a printed copy of each declaration, along with an undertaking in' the form of an affidavit mentioning therein the particulars of transactions for which the declaration was generated and the statement that he has not issued the printed copy of such declaration to any person including the selling dealer and in case of any loss to the State exchequer, he shall indemnify the same to the State Government along with the interest and penalty, if any. The assessing authority on receipt of such application along with affidavit of undertaking, on being satisfied shall cancel the print out of declaration submitted by the dealer along with the application and shall keep the application along with cancelled print out of declaration and undertaking of indemnity on the record of the dealer. The assessing authority shall cancel such declaration in the system through the computer network. [Provided that Deputy Commissioner (Administration) having jurisdiction, for the reason to be recorded in writing, in any particular case, may allow the dealer for submission of such application upto a period of two years from the date of generation of such declaration from or upto 31.03.2017, whichever is latter.] [Substituted by Notification No. S.O. 146, dated 8.3.2017 (w.e.f. 31.3.2006).] (9) No registered dealer who has generated the declaration Form(s) through the Official Website of the Department shall either directly or otherwise, transfer the same to any other person except for the lawful purpose. (10) Every registered dealer shall keep the declaration Form(s) generated by him through the Official Website of the Department, in safe custody and shall be personally responsible for the loss of Government revenue, if any, directly or indirectly from any theft, loss or destruction thereof. If any such form is stolen, lost or destroyed, the dealer shall immediately report the fact to his assessing authority or the officer authorized by the Commissioner in this behalf, and shall issue public notice of such theft, loss or destruction, and take such further action(s) as directed by the assessing authority or the officer authorized. (11) The dealer who reports theft, loss or destruction from his custody of any declaration Form(s) generated by him through the Official Website of the Department, shall be required to furnish security by way of an indemnity bond in Form VAT-65 against any possible misuse of the form, and when any form duly completed and signed by the dealer is reported to have been stolen, lost or destroyed while in transit between the purchasing dealer and the selling dealer or between the selling dealer and the assessing authority, the purchasing dealer or the selling dealer, as the case may be, shall be required to furnish an indemnity bond as aforesaid. (12) Where an indemnity bond under sub-rule (11) is to be furnished by the selling dealer, it shall be of such amount as the assessing authority having regard to the circumstances of the case may decide and shall be furnished within such period as may be specified by the assessing authority. (12A) [ The assessing authority or the officer authorized by the Commissioner after receipt of information of stolen, lost or destroyed declaration form under sub-rule (10) and after having obtained security under sub-rule (11) or (12), as the case may be, shall, from time to time, get published the particulars of such declaration forms in the Official web-site of the Department.] [Inserted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] (13) Before furnishing declaration Form to the selling dealer, the purchasing dealer or his business manager or any person specifically authorized by him in this behalf shall affix his signature in the space provided in the Form for this purpose. Thereafter the purchasing dealer shall retain the counterfoil of the form and the other two portions marked "original" and "duplicate" shall be handed over by him to the selling dealer. The selling registered dealer shall retain with him the portion marked 'duplicate' and shall furnish to his assessing authority, the portion marked 'original' of the form "VAT-15" received by him along with the evidence of export of goods. (14) No purchasing dealer shall furnish and no selling dealer shall accept a declaration Form, which is,- (i) forged or fake, or not generated through the Official Website of the Department; or (ii) reported stolen, lost or destroyed under sub-rule (10); or (iii) cancelled under sub-rule (8). (15) [ Notwithstanding anything contained in sub-rule (2) and (3) above, duly filled in declaration Form VAT-15 may be obtained by a dealer electronically through the official website of the Department.] [Added by Notification No. S.O. 192, dated 26.3.2012 (w.e.f. 31.3.2006).] ] Chapter VI ------------ Assessments, Demands and Incidental Matters ### 22. Determination of taxable turnover. (1) For the purpose of determining the taxable turnover for levying tax under sub-section (1) of section 4 of the Act, the following amounts shall be deducted from turnover.- (a) on which no tax is leviable under the Act; (b) which has been exempted from tax; [XX] [The word 'and' deleted by No. F. 12(28) FD/Tax/2007/149, dated 9-3-2007, Published in Rajasthan Gazette Extraordinary, Part IV-C(I), dated 9-3-2007, page 451.] (c) the sale price of the goods returned to the dealer by the purchaser within a period of six months from the date of VAT invoice thereof; (d) [ The sale price of the goods consigned by the principal to the agent where such sale is covered by Form VAT-35, VAT-36 and VAT-36A.] [Inserted by No. F. 12(28) FD/Tax/2007/149, dated 9-3-2007, Published in Rajasthan Gazette Extraordinary, Part IV-C(I), dated 9-3-2007, page 451.] [\\\] [Deleted '(2) and (2A) ' by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] (3) The computation of purchase price, if any, for levying tax under sub-section (2) of section 4 of the Act, shall be made in accordance with clause (28) of section 2, and the same shall be added in the taxable turnover of the dealer. (4) The sale price of the goods sold by the commission agent on behalf of his principal registered under the Act, shall be added in the taxable turnover of the principal. (5) The amount of cess levied by the State Government for specific purposes, shall be deducted for determination of taxable turnover. (6) [ Where any trade discount or incentive in terms of quantity of goods in relation to any sale of goods has been allowed by a dealer who has opted for payment of tax under sub-section (7) of Section 4 of the Act, the maximum retail price of goods given under any trade discount or incentive in terms of quantity shall also be included in taxable turnover.] [Added by Notification No. S.O. 586, dated 9.3.2011 (w.e.f. 31.3.2006).] ### 22A. [ Determination of taxable turnover in case of transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract. [Inserted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] (1) Notwithstanding anything contained in Rule 22, the taxable turnover for levying tax under sub-section (1) of section 4 of the Act. in case of transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract, may be determined by effecting the following deductions from the gross value of the contract, in so far as the amounts relating to the deductions pertaining to the said works contract,- (a) on which no tax is leviable under the Act; (b) which has been exempted from tax; (c) labour and service charges for the execution of the works; (d) charges for planning, designing and architect's fees; (e) charges for obtaining on hire or otherwise, machinery and tools for the execution of the works contract; (f) cost of consumables such as water, electricity, fuel used in the execution of works contract, where the property is not transferred in the course of execution of the works contract; (g) cost of establishment of the contractor to the extent to which it is relatable to the supply of the said labour and services; (h) other similar expenses relatable to the said supply of labour and services, where the labour and services are subsequent to the said transfer of property; and (i) profit earned by the contractor to the extent it is relatable to the supply of labour and services: Provided that where the contractor has not maintained accounts which enable a proper evaluation of the different deductions as above or where the assessing authority is of the opinion that accounts maintained by the contractor are not sufficiently clear and intelligible, or is considered to be unreasonable high in view of the nature of the contract, the deductions provided above shall be allowed by the assessing authority according to the limits laid down in Column 3 for the type of contract specified in Column 2 of the table given below: Table \| \| \| \| \| --- \| --- \| --- \| \| S. No. \| Type of contract \| [Deduction in percentage of gross value of contract] [[Substituted 'Labour charges as a percentage of gross value of contract' by Notification No. S.O. 175, dated 4.12.2015.]] \| \| 1 \| 2 \| 3 \| \| 1 \| Fabrication and installation of plant and machinery. \| 25 \| \| 2 \| Fabrication and erection of structural works of iron and steel including fabrication, supply and erection of iron trusses, purlins and the like. \| 15 \| \| 3 \| Fabrication and installation of cranes and hoists. \| 15 \| \| 4 \| Fabrication and installation of rolling shutters and Collapsible gates. \| 15 \| \| 5 \| Civil works like construction of buildings, bridges, roads, dams, barrages, canals and diversions. \| 30 \| \| 6 \| Installation of doors, door frames, windows, frames and grills. \| 20 \| \| 7 \| Supply and fixing of tiles, slabs, stones and sheets. \| 25 \| \| 8 \| Supply and installation of air conditioners and air coolers. \| 15 \| \| 9 \| Supply and installation of air conditioning equipments including deep freezers, cold storage plants, humidification plants and dehumidors. \| 15 \| \| 10 \| Supply and fitting of electrical goods, supply and installation of electrical equipments including transformers. \| 15 \| \| 11 \| Supply and fixing of furniture and fixtures, partitions including contracts for interior decorators and false ceiling. \| 20 \| \| 12 \| Sanitary fitting for plumbing and drainage or sewerage. \| 20 \| \| 13 \| Laying underground or surface pipelines, cables or conduits. \| 30 \| \| 14 \| Supply and erection of weighing machines and weigh-bridges. \| 15 \| \| 15 \| Painting, polishing and white washing. \| 25 \| \| 16 \| All other contracts not specified from serial number 1 to 15 above. \| 25 \| Note. - The percentage is to be applied after deducting from the total value of the contract, the cost of land determined under sub-rule (3) , if any, and the quantum of tax separately charged by the contractor if the contract provides for separate charging of tax. (2) In case of construct ion contract, where along with the immovable property, the land or. as the case may he, interest in the land, underlying the immovable property is to be conveyed, and the property in the goods (whether as goods or in some other form) involved in the execution of the works contract is also transferred to the purchaser, such transfer is liable to tax under this rule. The value of the said goods at the time of transfer shall be calculated after making the deductions under sub-rule (1) and the cost of the land as determined under sub-rule (3) from the total value of agreement. (3) The cost of the land shall be determined in accordance with the rates as recommended or determined under Rule 58 of the Rajasthan Stamps Rules, 2004, as applicable on the 1st January of the year in which the agreement to sell the property is made. (4) Where the dealer who undertakes the construction of flats, dwellings or buildings, premises and transfers them in pursuance of an agreement along with the land or interest underlying the land, then after deductions under sub-rule (1) and (3) from the total agreement value, the sale price shall be determined depending upon the stage at which the agreement with the purchaser is entered, according to the limits laid down in Column 3 for the type of contract specified in Column 2 of the table given below: Table \| \| \| \| \| --- \| --- \| --- \| \| S. No. \| Stage at which the developer enters into a contract with the purchaser \| Amount to be determined as value of agreement 1 \| \| 1 \| 2 \| 3 \| \| 1 \| Up to completion of plinth level \| 95.00% \| \| 2 \| From plinth level to completion of 100% RCC framework. \| 85.00% \| \| 3 \| From completion of RCC framework to Occupancy Certificate \| 55.00% \| \| 4 \| From Occupancy certificate till the completion of construction. \| Nil \| (5) The value of goods so arrived at under sub-rule (1) shall, for the purpose of levy of tax, be the sale price or, as the case may be, the purchase price relating to the transfer of property in goods (whether as goods or in some other form) involved in the execution of works contract. (6) Where a works contractor who has exercised option of exemption fee under a notification issued under sub-section (3) of section 8 of the Act or has opted for payment in lump sum in lieu of tax, awards whole or part of such contract to a sub-contractor, while determining the taxable turnover of sub-contractor apart from deduction provided under sub-rule (1), the turnover of transfer of property in goods involved in execution of such subcontract, shall be deducted: Provided that [where the contractor has opted for Option A under notification number F. 12(23) FD/Tax/2015-206 dated 09.03.2015] the sub-contractor shall purchase goods used in the execution of the work contract, from a registered dealer of the State, and in case of use of any goods in the execution of the work contract, which is procured or purchased from a dealer other than the registered dealer of the State, the sub-contractor shall be liable to pay an amount equal to the amount of tax that would have been payable had the goods been purchased in the State from a registered dealer.] ### 23. Guidelines for determination of market price. - For determination of the fair market price under section 81, the assessing authority or the officer authorized by the Commissioner, shall compare the market price of the goods in the case of a manufacturer with the price being charged by other manufacturers, in the case of a wholesaler with the price being charged by other wholesalers and in the case of a retailer with the price being charged by other retailers. ### 24. Notice for payment of demand. - As soon as an assessment is completed or any other order is passed , creating any demand under the Act or the rules, the assessing authority or any other officer authorized by the Commissioner or any official authorized under sub-section (6) of section 28, shall serve a demand notice on the dealer or the person in Form Vat-17 alongwith a certified copy of such order, requiring him to pay the demand within thirty days of such Service. However, where the assessing authority or any other officer authorized by the Commissioner or any official authorized under sub-protecting the interest of State revenue it is necessary so to do, he may after recording reasons in writing, reduce the period of thirty days, as he may deem proper in the facts and circumstances of the case. ### 25. Application for Stay of recovery of demand. - An application for stay of recovery of demand shall be made before the Appellate authority in Form VAT-18. ### 26. Grant of installments. (1) An application for grant for grant of installments shall be submitted in Form VAT-19 before the concerned officer as mentioned in sub-rule (2) and (3). (2) Where a dealer or person is not in a position to make payment of the demand outstanding against him under an order passed under the repealed Act or under this Act or under the Central Sales Tax Act, 1956, installments under sub-section (5) of section 38, may be granted to such dealer or person for a period not exceeding twelve months from the date of such order,- (a) by the Assistant Commercial Taxes Officer, in case the demand does not exceed rupees fifty thousand; and (b) by the Assistant Commissioner or Commercial Taxes Officer, as the case may be, in case the demand does not exceed rupees two lacs. (3) Where the amount of the demand exceeds the limits specified in clauses (a) and (b) of sub-rule (2) or the period of twelve months is found insufficient in view of the circumstances of the case, prior permission in writing shall be required,- (i) from the Assistant Commissioner or Commercial Taxes Officer having jurisdiction, if the amount of such demand exceeds rupees fifty thousand but does not exceed rupees two lacs; (ii) from the Deputy Commissioner (Administration) having jurisdiction, if the amount of such demand exceeds rupees two lacs but does not exceed rupees ten lacs and/or the proposed period of installments does not exceed twenty four months; and (iii) from the Commissioner, if the amount of such demand exceeds rupees ten lacs and/or the proposed period of installments does not exceed thirty six months. (4) Where payment of any demand is postponed by installments, in sub-rules (2) and (3) beyond a period of one month, the dealer shall be required to furnish a surety bond, acceptable to the assessing authority or the officer authorized by the Commissioner, in Form VAT-64 executed with two sureties, for the purpose of ensuring such payment. ### 27. Refund. (1) (a) Subject to the provisions of sub-section (2) of section 17, section 53 and 54, where the assessing authority or the authorized officer after having verified deposits, is satisfied that the payment made by a dealer or a person is in excess of any tax, penalty, interest or other sum due, as a result of an assessment made or in pursuance of an order passed by any competent officer, authority or court, such assessing authority or authorized officer, suo motu or on an application made in this behalf in Form VAT-20 or VAT-21 or VAT-22, as the case may be, shall pass an order for refund, and shall issue a refund order in Form VAT-23 along with an advice to the Treasury Officer or Sub-Treasury Officer or the Manger of the Bank authorized to receive money on behalf of the State Government, in Form VAT-24. (b) Where a dealer desires the adjustment of the refund to be made under sub-clause (a), against any amount payable by him, the assessing authority or the authorized officer, as the case may be, shall issue a refund adjustment order in Form VAT-25 authorizing him to deduct the amount refundable from the amount payable by him. (2) Notwithstanding anything contained in sub-rule (1), where a demand is outstanding against a dealer or a person who is entitled to a refund, the assessing authority or the authorized officer shall suo motu issue a refund adjustment order in Form VAT-25 for adjusting the refund against such outstanding demand. (3) No claim of refund shall be rejected without giving the dealer or the person claiming refund, an opportunity of being heard and without recording reasons in writing. ### 27A. [ [Deleted by Notification No. S.O. 586, dated 9.3.2011 (w.e.f. 31.3.2006).] \\\] \| \| \| --- \| \| 27A. [ Provisional refund of tax in certain cases. [Inserted by Notification No. S.O. 110, dated 8.7.2009 (w.e.f. 31.3.2006).] - Notwithstanding anything contained in these rules, where a dealer has opted for quarterly assessment and files return electronically, he shall be allowed provisional refund to the extent of fifty percent of refundable amount, not later than thirty days from the last date of filing of the return for the relevant quarter. The provisional refund so granted shall be subject to subsequent verification of deposit of refundable amount.] \| ### 28. [ Refund in case of wrong deposition or excess deposition of any amount. [Substituted by Notification No. G.S.R. 8, dated 24.5.2016 (w.e.f. 31.3.2006).] (1) An application for refund of any amount which has been deposited wrongly or in excess shall be submitted by a dealer in Form VAT-20AA electronically through the official website of the department in the manner provided therein, after submission of return in Form VAT-10, if applicable, along with Form VAT-26 duly digitally signed by the Accountant to the officer authorized by the Commissioner under sub-section (3A) of section 53. (2) The authorized officer on receipt of application shall conduct an enquiry to verify the fact that the amount mentioned in the application is not payable or has been deposited in excess of the amount payable by the dealer for the tax period mentioned in the challan. If any amount is found refundable to the dealer, he shall forward the application to the assessing authority to grant refund with such directions as he deems fit. Where the authorized officer is of the opinion that amount mentioned in the application is not refundable to the dealer he shall pass an order after providing an opportunity of being heard to the dealer. (3) The assessing authority on receipt of such directions as mentioned (2) above, shall take appropriate step to comply with the directions and after shall pass an order for refund in Form VAT-23, within thirty days of receive directions. (4) The assessing authority or the authorized officer shall submit Fore, electronically through the official website of the Department to an officer : by the Commissioner as Central Refund Officer within two working days of j such order. (5) The provisions of sub-rule (8) to (12) of Rule 27 of these rules shall mutandis apply.] \| \| \| --- \| \| 28. Refund in case of export.- (1) A dealer, whose sales are in the course of export out of the territory of India within the meaning of sub-section (1) of section 5 of the Central Sales Tax Act, 1956 (Act No. 74 of 1956), shall submit an application in Form VAT-21 along with return in Form VAT-10, to the assessing authority or the authorized officer for claim of refund of input tax paid by him, and shall furnish- (a) certified copy of air consignment note/bill of lading/railway receipt of goods vehicle or post receipt or any other documents in proof of export of goods across the customs frontier of India; (b) duplicate copy of the sale invoice; (c) certified copy of VAT invoice on basis of which refund of input tax is being claimed; (d) an undertaking to the effect that in case of re-import of such goods, he will communicate within a period of one month from the date of re-import into India of such goods, to the assessing authority or any other officer authorized by the Commissioner in this behalf and shall repay, forthwith, the amount of refund granted to him on this account along with interest at such rate as may be notified under section 55 of the Act; and (e) a certificate of an Accountant regarding the purchase and sale of goods and the correctness of claim of refund in Form VAT-26. Explanation.- The word "Accountant" shall have the same meaning as mentioned in section 73. (2) A dealer, whose sales are in the course of export out of the territory of India within the meaning of sub-section (3) of section 5 of the Central Sales Tax Act, 1956 (Act No. 74 of 1956), shall submit an application in Form VAT-21 along with return in Form VAT-10 to the assessing authority or authorized officer for claim of refund of input tax paid by him, and shall furnish,- (a) attested copy of declaration Form VAT-15 or Form 'H' as the case may be; (b) certified copy of air consignment note/bill of lading/railway receipt or goods vehicle or postal receipt or any other documents in proof of export of goods across the customs frontier of India; (c) duplicate copy of the same invoice; (d) certified copy of purchase invoice on basis of which refund of input tax is being claimed; (e) an undertaking of the exporter to the effect that in case of re-import of such goods, he will communicate within a period of one month from the date of re-import into India of such goods, to the selling dealer, to his assessing authority and the assessing authority or the authorized officer of the selling dealer; and an undertaking of the dealer claiming refund that on communication of re-import of such goods from the exporter, he shall repay, forthwith, the amount of refund granted to him on this account along with interest at such rate as may be notified by the State Government under section 55 of the Act; and (f) certificate regarding the purchase and sale of goods and the correctness of claim of refund in Form VAT-26 of an Accountant. Explanation.- The word "Accountant" shall have the same meaning as mentioned in section 73. (3) On submission of the documents as mentioned in sub-rule (1) or (2), the assessing authority or authorized officer, having been satisfied as to the correctness of documents furnished, shall issue the refund in Form VAT-23 or VAT-25 as the case may be, within thirty days of the submission of the application completed in all respect. \| ### 29. Refund to a person not registered under the Act. (1) Where any amount of tax or any amount in lieu of tax has been collected or deducted from a person not registered under the Act, and the same is not found payable by him, such person shall submit an application in Form VAT-22, to claim refund of said amount, to the Assistant Commissioner or Commercial Taxes Officer in whose jurisdiction such person ordinarily resides, and in case of person not residing in the State, such application shall be submitted to the office authorized by the Commissioner in this behalf, and shall also furnish- (i) proof of payment of tax; (ii) copy of the contract, in case of contractor; and (iii) any document in support that he is not liable to pay tax. (2) On submission of the documents as mentioned in sub-rule (1), the officer mentioned in sub-rule (1), on being satisfied as to the correctness of such documents, shall issue the refund in Form VAT-23, within sixty days of the submission of the application completed in all respect. Chapter VII ------------- Appeal and Revision ### 30. Appeal to the Appellate Authority. (1) The memorandum of appeal under section 82 shall be submitted in duplicate in Form VAT-27 completed in all respect. (2) Application for condonation of delay, if any, shall be submitted in Form VAT-28. (2A) Notwithstanding anything contained in sub-rule (1) and (2) above, for the period upto the date of commencement of the Rajasthan Value Added Tax (Second Amendment) Rules, 2017, the memorandum of appeal in From VAT-27 and application for condonation of delay in From VAT-28, submitted in such from and manner which was in force prior to the Rajasthan Value Added Tax (Third Amendment) Rules, 2015, shall be deemed to have been submitted under sub-rule (1) and/or (2) above, as the case may be. [(2B) The appellant or his authorized representative shall submit the acknowledgement generated through the official website of the department along with proof of deposit as required under sub-section (3) section 82 of the Act and the certified copy of the order against which appeal has been field within seven working days of filing of appeal before the appellate authority concerned.] [Inserted by Notification No. S.O. 146, dated 8.3.2017 (w.e.f. 31.3.2006).] (3) The memorandum of appeal shall be presented by the appellant or his authorized representative to the appellate authority or to such members of his staff as the appellate authority may appoint in this behalf, or may be sent by registered post. (4) Defect(s), if any, in the memorandum of appeal or otherwise, shall be intimated to the appellant and the same shall be removed within sixty days of submission of Form VAT-27. The appellate authority, after recording reasons in writing, may extend the time for removal of such defects. (5) The appellate authority shall, after entertaining the appeal in accordance with the provisions of sub-section (3) of section 82, send a copy of the memorandum of appeal to the assessing authority or the officer concerned, asking him to send the comments along with the relevant record. (6) The appellate authority shall give notice of the date fixed for hearing to the appellant and to the assessing authority or the officer concerned. (7) Where the appellate authority remands a case, it shall specify a date in the order for appearance of the appellant before such authority or officer. ### 31. Appeal to the Tax Board. (1) An appeal to be submitted before the Tax Board under sub-section (2) and (3) of section 83 shall be in Form VAT-29 in [quadruplicate] [Substituted 'triplicate' by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] and a memorandum of cross-objections under sub-section (5) of the said section shall be in Form VAT-30 in [quadruplicate] [Substituted 'triplicate' by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] , and the procedure prescribed in rule 30 shall mutatis mutandis apply to the application for such appeal or a memorandum of cross-objections. (2) An appeal to the Tax Board shall be heard and disposed off by the Chairperson or any member of the Tax Board sitting in single Bench or by a Bench consisting of two or more members. However, an appeal under section 83 in respect of the following matters shall be heard and disposed of by a Bench of the Tax Board consisting of two or more members,- (i) An order referred to in clause (a) of sub-section (1) of section 83; (ii) Issues involving classification of goods for the purpose of rate of tax or exemption from tax; and (iii) Where the disputed amount of demand exceeds rupees five lacs. Explanation - In the case of an appeal against an order of remand made by the appellate authority, the amount which was in dispute before such appellate authority, shall be deemed to be the disputed amount for the purpose of clause (iii) of sub-rule (2). (3) Notwithstanding anything contained in sub-rule (2), where the Member(s) of the Tax Board sitting in a Bench cannot hear an appeal, listed to be heard by such Bench, on account of any judicial propriety, the Chairperson shall transfer such appeal to another Bench. (4) Notwithstanding anything contained in sub-rule (2), the Chairperson, on the request of any party to the case in wilting or on a reference being made by a member sitting in Single Bench, or suo motu having satisfied that the case involves an important question of law and deserves to be heard by a Bench consisting of two or more members, shall have the power to order that the case shall be heard and disposed off by Bench so constituted. ### 32. Revision to the High Court. - An application for revision to be presented to the High Court under sub-section (1) or sub-section (2) of section 84 shall be in Form VAT-31. ### 33. Dismissal in default. (1) Where an appellant or his authorized representative does not appear on the date fixed for hearing of an appeal filled under rule 30 or 31, the appellate authority or the Tax Board, as the case may be, may dismiss the appeal in default. (2) Where the appellant makes an application in Form Vat-32 within thirty days of the date of communication of such order, and satisfies the authority who dismissed the appeal, that he was prevented by sufficient cause from appearing before him on the date that had been fixed for hearing, such appeal may be restored with such conditions as may be deemed fit. ### 34. Officer not to hear appeal against order passed by him in another capacity. (1) No officer acting as appellate authority or Member of the Tax Board shall hear any appeal against any order passed by him in another capacity. (2) When any such appeal as referred to in sub-rule (1) comes before any appellate authority or the Member of the Tax Board, such appellate authority or Member shall forthwith refer the matter to the Commissioner or the Chairperson of the Tax Board, as the case may be, and the Commissioneror the Chairperson of the Tax Board, as the case may be, and the Commissioner or the Chairperson of the Tax Board shall thereupon transfer the same for disposal to any other appellate authority or Member. ### 35. Giving effect to an appellate or a revisional order. - If an order, passed in appeal or revision under section 82, 83, 84 or 85 has the effect of varying the order of [an assessing authority or any other authorized officer or the State Level Screening Committee or the District Level Screening Committee, the assessing authority or such other authorized officer or the State Level Screening Committee or the District Level Screening Committee] [Substituted 'an assessing authority or any other authorized officer, the assessing authority or such other authorized officer' by Notification No. S.O. 192, dated 26.3.2012 (w.e.f. 31.3.2006).] shall take action suo motu to give effect to such order and shall refund the excess or realize the deficit, as the case may be. Chapter VIII -------------- Accounts and Records ### 36. Accounts to be maintained by a dealer. (1) Subject to the provisions of section 71, every dealer registered under the Act shall maintain his accounts according to the system of accounting prevailing in the trade and industry. (2) Every dealer shall maintain a true and correct account of his purchases against VAT Invoices in Form VAT-07 and of his sales in Form VAT-08. The manufacturer shall also maintain a separate account of his purchases of capital goods against VAT Invoices, in part II of Form VAT-07. (3) Where such dealer is a manufacturer, he shall maintain the stock of raw material(s) used in Form VAT-33, and that of manufactured goods in Form VAT-34. (4) Every dealer shall also maintain separate accounts of transactions in the course of inter-State trade or commerce. (5) Every dealer registered under the Act shall maintain separate accounts for exempted goods and so also for the goods taxable at different rates. (6) However the audit report may be furnished upto- [(i) 31.03.2008 for the year 2006-07; (ii) 31.3.2009 for the year 2007-08; and (iii) 31.01.2010 for the year 2008-09; and (iv) 30.09.2011 for the year 2009-10. the expression "However the audit report may be furnished up to- (i) 31.03.2008 for the year 2006-07; (ii) 31.3.2009 for the year 2007-08; (iii) 31.01.2010 for the year 2008-09; (iv) 30.09.2011 for the year 2009-2010; and (v) 30.4.2012 for the year 2010-11.] ### 37. Accounts and documents relating to principal and agent. (1) Where a principal dispatches taxable goods within the State to his commission agent for sale, he shall issue a dispatch note in Form VAT-35, in respect of such goods, duly filled in and signed by him, to his commission agent from a bound book bearing printed serial numbers and shall keep a copy thereof for the record. (2) Where any principal dispatches goods for sale to his commission agent under sub-rule (1), and produces Certificate of the sale proceeds in Form VAT-36 received from his commission agent, such principal shall discharge his tax liability as per Form VAT-36 and VAT-36A. [(2A) [ The commission agent after the end of the quarter shall furnish the details of sale proceed made by him during the quarter on behalf of the principal in Form VAT-36 to the principal, and the principal shall issue Form VAT-36 A to his agent separately for each Form VAT-36. The principal shall declare the sales made by his agent in Form VAT-10 of the quarter in which such sale has been made by the agent.] [Sub-rules (2) , (3) & (4) Substituted by No. F. 12(28) FD/Tax/2007/149, dated 9-3-2007] (3) Where the agent claims that he is not liable to pay tax under the Act in respect of goods despatched to him by his principal for sale, the burden of proving that tax in respect of such goods has been paid by the principal shall be on agent and for this purpose he shall produce before the assessing authority a Dispatch Note issued by the principal in Form VAT-35 along with Certificate of the sale proceed in Form VAT-36 issued by him and proof of deposit of tax in respect of.such sale in Form VAT-36A issued by the principal. (4) Where the assessing authority is satisfied, after having concluded such enquiry as he may deem necessary, that the particulars and contents of the certificate in Forms VAT-35, 36 and 36A are correct, he shall accept the claim of the commission agent.] [Substituted by Notification No. S.O. 192, dated 26.3.2012 (w.e.f. 31.3.2006).] (5) Every commission agent shall maintain in identifiable manner true accounts of goods he receives and sells on behalf of his principal and on his own account. [The blank declaration forms VAT-36 and VAT-36A shall be obtained from the assessing authority or the authorized officer on payment in Government treasury/authorized bank or office of assessing authority or the authorized officer, a sum of Rs.50/- for each book containing 25 (twenty five) declaration forms.] [Inserted by No. F. 12(28) FD/Tax/2007/149, dated 9-3-2007, Published in Rajasthan Gazette Extraordinary, Part IV-C(I), dated 9-3-2007, page 451.] ### 38. Issuance of an Invoice. (1) A registered dealer, other than registered dealer who opts for payment of tax under sub-section (2) of section 3 or under section 5, making a taxable sale shall issue a VAT invoice marked as original to the purchaser for each such sales made by him and shall retain a copy thereof. (2) The VAT invoice issued under sub-rule (1) shall contain the following particulars on the original as well as on all the copies thereof.- (a) the word "VAT INVOICE" and in case the option under subsection (7) of section 4 has been exercised the expression "INVOICE FOR TAX ON MRP" in bold letters at the top or at any prominent place; (b) the name, address and registration number of the selling dealer; (c) the name and address of the purchaser and where the purchaser is registered under the Act the registration number of the purchasing dealer; (d) continuous serial number running throughout the year and the date on which the VAT invoice is issued; (e) full description of the goods; (f) the quantity or number, as the case may be, of the goods; (g) the value of the goods sold; (h) the rate and amount of tax charged thereon indicated separately; and (i) signature of the selling dealer, or his declared business manager or person authorized by the selling dealer. (3) No input tax credit shall be allowed unless the dealer makes full compliance of sub-rule (1) and (2). (4) (a) In case a VAT invoice issued by the registered selling dealer, is lost or destroyed, a duplicate of such VAT invoice shall be issued by the selling dealer, to the purchasing dealer with the following declaration recorded in the red ink and signed by the selling dealer or his declared business manager as the case may be:- Declaration "I, hereby declare that this is the duplicate VAT invoice of VAT invoice No..........issued on dated........and issued to M/s............. having registration No.......... Signature Status............". (b) The purchasing dealer who has obtained the duplicate copy of the VAT invoice shall inform his assessing authority or the authorized officer within the tax period in which the duplicate invoice was received. (5) A registered dealer, who has opted for payment of tax under sub-section (2) of section 3 or under section 5, sells taxable goods of value exceeding rupees five hundred in any one transaction, shall issue an invoice marked as original to the purchaser for each such sale made by him and shall retain a duplicate copy thereof. (6) Notwithstanding anything contained in sub-rule (5), where a purchaser demands an invoice irrespective of the purchase value, the registered dealer shall issue invoice. (7) The invoice issued under sub-rule (5) shall contain the following particulars on the original as well as on all the copies thereof.- (a) the word "invoice" in bold letters at the top at any prominent place; (b) the name, address and registration certificate number of the selling dealer; (c) continuous serial number running throughout the year and the date on which the invoice is issued; (d) full description of the goods with its value; and (e) signature of the selling dealer, or his servant, manager or agent duly authorized by him. (8) Notwithstanding anything contained in sub-rule (1) above, where a dealer registered under the Act is also registered under the Central Excise Act, 1944 (Act No. 1 of 1944) and issues an invoice for removal of goods in the course of inter-State trade or commerce, containing the particulars as prescribed in sub-rule (2), it would be treated as VAT invoice and the provisions of sub-rule (3) and (4) shall mutates mutandis apply. (9) The State Government may, by notification in official Gazette provide for use of IT enabled systems for preservation of the details of the VAT invoice. Chapter IX ------------ Mode of Payment of Tax and Demand ### 39. [ Mode of payment of tax, demand or other sum. [Substituted by Notification No. S.O. 238, dated 6.3.2013 (w.e.f. 31.3.2006).] (1) Unless otherwise notified by the State Government, payment of tax, demand or other sum shall be made by a dealer or person through Electronic Government Receipt Accounting System, hereinafter referred to as 'e-GRAS', in the manner as provided therein. (2) The class of dealers as may be notified by the State Government shall make payment of tax, demand or other sum electronically through the e-GRAS in the manner as provided therein. (3) The subsidy, if any, disbursed under the Rajasthan Investment Promotion Scheme-2010 or under any customized package by the State Government, and disbursed by the Commercial Taxes Department of the State Government, shall be adjusted against the tax payable through a challan in Form VAT-37B. The date of deposit shall be deemed to be the date on which adjustment has been made by the treasury. (4) Notwithstanding anything contained in sub-rule (1), (2) and (3) above, where any amount of tax, demand or other sum payable under the Act or the rules or any notification, to the assessing authority or the incharge of a check post or a Flying Squad or to any other officer authorized under sub-section (4) of Section 76 of the Act, such amount may be accepted by such authority or the in-charge or officer or a Junior Commercial Taxes Officer and a receipt in Form VAT-38 shall be issued to the depositor. (5) Notwithstanding anything contained in sub-rule (1) to (4) above, a registered dealer shall deposit the amount of tax to a contractor, in respect of goods specified under clause (8) of Section 2 and livestock at a particular check post or for a specified area, where the Commissioner has permitted such contractor to collect tax under Section 77, and such registered dealer shall obtain a receipt in Form VAT-39 from such contractor. (6) The date of payment of tax, demand or other sum shall be deemed to be the date of deposit as shown in the e-GRAS.] ### 39A. [ Electronic payment of tax, demand or other sum. [Inserted by Notification No. G.S.R. 74, dated 20.11.2007.] (1) Where the payment of tax, demand or other sum has been made electronically the authorised bank shall generate e-challan in Form VAT-37A though a computer network. the authorised bank shall also forward a statement of such e-challan in form VAT-45A to the concerned treasury of the State and a copy of such statement shall be forwarded to the Accountant general Rajasthan. The date of payment for the purpose of these rules shall be the date of deposit generated on the e-challan in Form VAT- 37A.] ### 40. [ Procedure for deduction of an amount in lieu of tax in case of works contract. [Substituted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] (1) Where the awarder is a Department of any Government, a corporation, a public undertaking, a cooperative society, a local body, a statutory body, an autonomous body, a trust or a private or public limited company, limited liability partnership, and the gross amount of works contract(s) awarded by him in a year exceeds rupees ten lacs, such awarder shall obtain Awarder Identification Certificate by submitting an application in Form VAT-40 electronically through the official website of the department to any officer not below the rank of an Assistant Commercial Taxes Officer, as may be authorized by the Commissioner, within thirty days from the day on which the gross amount of works contract(s) exceeds rupees ten lacs. (2) The officer authorized by the Commissioner under sub-rule (1), on receipt of the application shall issue him a Awarder Identification Certificate in Form VAT-40A duly digitally signed by him within 24 hours of the receipt of such application, and shall forward Awarder Identification Certificate to the awarder electronically on the email address as provided in Form VAT-40. (3) Where the Awarder Identification Certificate issued to any awarder is lost or misplaced or accidentally destroyed, he may obtain a duplicate copy thereof, by submitting an application in Form VAT-40B electronically through the official web-site of the department to any officer not below the rank of an Assistant Commercial Taxes Officer, as may be authorized by the Commissioner. (4) Every awarder who holds a Awarder Identification Certificate, within thirty days of occurrence of such change or event as mentioned in sub-section (2) or (3) of section 16 of the Act, shall submit an application in Form VAT-40B electronically through the official web-site of the department, to any officer not below the rank of an Assistant Commercial Taws Officer, as may be authorized by the Commissioner. The officer authorised, shall after due enquiry, amend the Awarder Identification Certificate within thirty days of receipt of such application and where such application is not disposed of within the said period, the same shall be deemed to have been accepted. The officer authorised shall forward the amended certificate of Tax Deduction to the awarder electronically on the email address as provided in Form VAT-40B. (5) Where the activity of awarding the works contract of any awarder who holds a Awarder Identification Certificate discontinued permanently, such shall within thirty days of occurrence of such event submit an application in Form VAT-40B electronically through the official web-site of the department, to any officer not below the rank of an Assistant Commercial Taxes Officer, as may be authorized by the Commissioner. The officer authorised shall after due enquiry cancel the Awarder Identification Certificate. (6) Every awarder holding a Awarder Identification Certificate and is responsible for payment of any sum to a contractor for execution of any works contract, shall at the time of credit of such sum to the account of the contractor or at the time of making such payment by any mode, deduct an amount as may be notified by the State Government in lieu of tax, and shall issue a certificate of deduction of tax to the contractor in Form VAT-41, within twenty one days of the close of the relevant quarter. However, where the contractor has deposited the amount to be deducted by such awarder, electronically through e-GRAS in to the Government exchequer, and submits the proof of such deposit to the awarder, on being satisfied the awarder shall not deduct such amount in lieu of tax. A deduction made under this sub-section shall be adjusted against the tax liability created at the time of the assessment of the contractor. (7) Where the contractor is not liable to pay tax under the Act on the works contract, he may obtain a No Tax Deduction Certificate by submitting an application in Form VAT-40C electronically through the official web-site of the department to any officer not below the rank of an Assistant Commercial Taxes Officer, as may be authorized by the Commissioner. The officer authorised on being satisfied shall grant him the No Tax Deduction Certificate in Form VAT-40D, within fifteen days of the receipt of such application, and shall forward to the contractor electronically on the email address as provided in Form VAT-40C. No amount shall be deducted by the awarder where the contractor submits him No Tax Deduction Certificate in Form VAT-40D, duly issued by the department. (8) Every awarder holding a Awarder Identification Certificate shall deposit the amount deducted by him in the manner as provided in Rule 39 of these rules, within fifteen days of the close of the month of such deduction, and shall submit a statement mentioning the particulars of the works contract(s) and deduction of amount in lieu of tax to any officer not below the rank of an Assistant Commercial Taxes Officer, as may be authorized by the Commissioner, in Form VAT-40E electronically within thirty days of the end of quarter. Where the awarder fails to furnish the statement as mentioned above, any officer not below the rank of an Assistant Commercial Taxes Officer, as may be authorized by the Commissioner, after affording a reasonable opportunity of being heard, may impose penalty under section 64 of the Act. (9) Where the amount is not deducted as prescribed in sub-rule (8), the awarder shall be liable to penalty as provided for in the Act. In such cases the contractor shall be liable to pay the said amount together with interest at the rate provided for in the Act from the date of the receipt of the payment in any form by him. (10) Where the amount is not deductible from the amount of payment made to a contractor under these rules or under orders of a court, the contractor shall deposit such amount like any other dealer in accordance with the notification issued under section 20. (11) For obtaining Forms VAT-41 the awarder shall submit an initial application to his assessing authority, electronically through the Official Website of the Department in the manner as provided therein. (12) On receipt of such application, any officer not below the rank of an Assistant Commercial Taxes Officer, as may be authorised by the Commissioner, subject lo compliance of notice issued under sub-section (2) of section 91 of the Act, if any, shall grant permission to the dealer to generate declaration Form VAT-41 electronically through the Official Website of the Department, and intimation of such permission shall be communicated to the awarder, through the Official Website of the Department. (13) After grant of permission for generation of Form VAT-41, the awarder shall submit a subsequent application for generation of declaration Form VAT-41 through the Official Website of the Department in the manner as provided therein. (14) After submission of application as provided in sub-rule (13), the system shall generate duly filled in Form VAT-41, subject to the provisions of sub-rule (15). (15) The system shall not generate declaration Form VAT-41, after the grant of permission under sub-rule (12) for generation of declaration Form VAT-41 electronically, where the awarder fails to deposit the amount deducted by him in to the Government exchequer or fails to submit statement in Form VAT 40E. (16) Where any awarder, after generation of Form VAT-41 discovers that he has filled incorrect particulars or any other information at t he time of generating the form mentioned above, and intends to rectify the same, he shall submit an application to any officer not below the rank of an Assistant Commercial Taxes Officer, as may lie authorized by the Commissioner, within ninety days of the generation of such form, mentioning therein the incorrect particulars or any other information furnished by him which he wants to rectify and the correct particulars or any other information in respect thereof. The officer authorised on receipt of such application, on being satisfied shall cancel such form in the system through the computer network and allow the awarder to generate the Form afresh.] ### 41. Payment of tax by a casual trader. - [A causal trader, unless otherwise notified by the State Government, shall deposit tax in cash with the in-charge of the check post or the assessing authority, or any official authorized by the assessing authority under sub-section (6) of section 28, who shall issue a receipt in Form VAT-38 to such casual trader.] [Substituted 'A casual trader shall deposit tax in cash with the in-charge of the check post or the assessing authority, or any official authorized by the assessing authority, under sub-section (6) of section 28, who shall issue a receipt in Form VAT-38 to such casual trader.' by Notification No. S.O. 175, dated 4.12.2015 (w.e.f. 31.3.2006).] ### 42. Payment of tax by a person, other than a casual trader or a registered dealer, who carries on business temporarily for a period not exceeding one hundred twenty days in a year. (1) Any person, other than a casual trader or a registered dealer, who carries on business temporarily for a period not exceeding one hundred twenty days in a year, shall before commencing his business make an application in Form VAT-43, to the Assistant Commissioner or the Commercial Taxes Officer, as the case may be, having jurisdiction with reference to the place of business of such person or to any other officer authorized by the Commissioner in this behalf, mentioning the detail of goods to be sold. (2) On receipt of the application the officer mentioned in sub-rule (1), shall determine the amount of tax to be levied on goods mentioned in the application, and shall take a security in cash or in form of demand draft of an amount equivalent to the amount of tax determined. After furnishing of such security the person shall be entitled to commence his business. (3) Such person shall inform about his daily sale proceeds to the officer mentioned in sub rule (1). At the closure of his business, the said officer shall determine his final tax liability and adjust the security amount against the final tax liability of such person. Where the amount of security is more than the final tax liability of such person the said officer shall refund the excess amount. Where the amount of security is less than final tax liability of such person the said officer shall recover the balance amount. (4) In the absence of application, the officer, mentioned in sub- rule (1) shall suo motu determine the liability of tax payable by such person, having regard to the specific facts and circumstances of the case. (5) The tax determined under sub-rule (3) or (4) shall be deemed to be a demand under the Act. ### 43. Payment of tax by a person whose registration is cancelled under the Act. - In case the registration certificate of a dealer is cancelled, he shall pay tax in respect of every taxable goods held in stock and capital goods on the date of such cancellation. In such cases the tax shall be determined on the basis of book value, written down value or market price whichever is higher, within a period of fifteen days of such cancellation. ### 44. [ Procedure for collection of tax on contract basis. [Substituted by Notification No. G.S.R. 75, dated 20.8.2008 (w.e.f. 31.3.2006).] - Whenever, the Commissioner permits to collect tax on specified goods on contract basis at a particular check-post or for a specified area under Sec. 77, the following procedure shall be adopted.- (a) The Commissioner, to the best of his judgment, shall determine,- (i) the amount of minimum annual tax revenue for a particular check-post or for a specified area. However, in the event of any special circumstances the Commissioner, after recording reasons for doing so, may revise such minimum annual tax revenue, and (ii) the collection charges as fixed percentage of the offered annual tax revenue and the same shall be computed in a manner published in the notice inviting tender for collection of tax on contract basis. The determination of minimum annual tax revenue and fixed percentage of collection charges by the Commissioner under this clause shall be final. (b) After determination of the minimum annual tax revenue and fixed percentage of collection charges under clause (a), the Commissioner may direct an officer not below the rank of Commercial Taxes Officer to invite sealed tender for annual tax revenue over and above the minimum annual tax revenue, in respect of the tax to be collected for a particular check-post or for a specified area. (c) On receipt of the directions under clause (b), the officer shall invite sealed tenders for collection of annual tax revenue over and above the minimum annual tax revenue for the check-post or a specified area. The procedure for inviting tender including contents of tender documents, amount of earnest money, security deposit and the like, shall be such as may be specified by the Commissioner from time to time. (d) The Officer directed under clause (b) shall recommend to the Commissioner for permission to collect tax, the name of the tenderer who has offered for the collection of highest annual tax revenue in respect of the specified goods at a particular check-post or for a specified area. (e) On receipt of the recommendation under clause (d), the Commissioner, may permit such tenderer to collect tax in respect of the specified goods at a particular check-post or for a specified area. (f) The tenderer permitted by the Commissioner under clause (e) shall be required to enter into a contract with the officer as directed under clause (b) by the Commissioner before starting collection of tax. In case he fails to do so, the Commissioner may permit such other tenderer who has offered for next highest annual tax revenue, for collection of tax and thereafter, such tenderer would be required to enter into contract. (g) The contractor shall collect the tax in accordance with the contract, at the rate notified under the Act, and the tax so collected shall be deposited in accordance with clause (i). (h) The contractor shall collect tax or any amount in lieu of tax, if any and shall issue receipt in Form VAT 39, obtained from office of the Assistant Commissioner or the Commercial Taxes Officer of the area or the Officer directed under clause (b) by the Commissioner. Where the tax is collected from a registered dealer, the contractor shall mention name and Registration Number (TIN) of such dealer on the receipt in Form VAT-39. The receipt in Form VAT-39 shall be issued in triplicate with the use of double faced carbon in a manner that the duplicate and triplicate copies shall be the carbon copies of the original and the contractor shall also ensure that the back; leaf of the original and duplicate copies shall have the mirror impression of the original, the original copy of the receipt shall be issued to the person from whom such money is collected. Duplicate copy of the receipt shall be sent, by the contractor to the Assistant Commissioner or the Commercial Taxes Officer of the area or the officer directed under clause (b) by the Commissioner and the triplicate copy shall be retained by the contractor. (i) The contractor shall deposit the entire collected tax or the l/52nd part of the annual tax revenue offered by the contractor and approved by the Commissioner, whichever is higher, on every Monday in the State treasury or the banks authorized for the purpose through a [e-challan] in Form VAT-37 and in the event Monday being holiday, such amount shall be deposited on the immediately following working day, where the contractor fails to deposit such amount in the above manner, the officer directed under clause (b) by the Commissioner, shall proceed to recover such amount as if such amount was a demand of tax under the Act. On completion of the contract period, if it is found that the amount deposited by the contractor is more than annual tax revenue offered by the contractor and approved by the Commissioner as well as the actual tax collected by him, such excess deposit amount shall be refunded to the contractor. (j) The contractor shall maintain a complete and true account of the tax collected and deposited by him and shall furnish the complete details of the tax collected and deposited in Form VAT-44 to the Assistant Commissioner or the Commercial Taxes Officer of the area or the Officer directed under clause (b) by the Commissioner to execute contract, and shall submit the used completed books within ten days of the end of the relevant month. On completion or cancellation of the contract, the contractor shall return the used as well as unused receipt books issued to him immediately or within such time not exceeding seven days, as may be allowed by the Assistant Commissioner or Commercial Taxes Officer of the area or the officer directed under clause (b) by the Commissioner. If the contractor fails to comply with such directions, the Assistant Commissioner or Commercial Taxes Officer of the area or the officer directed under clause (b) by the Commissioner, shall determine the tax of such receipt to the best of his judgment and shall be recoverable as demand under the Act. (k) The collection charges to the contractor as per the contract shall be paid within thirty days of the submission of the monthly statement in accordance with clause (j), at the percentage fixed under sub-clause (ii) of clause (a) of, the tax deposited by him, subject to the final adjustment at the end of the contract period. (l) The contractor shall be bound by the provision of the Act, rules, terms and conditions of the contract and the instructions issued by the Commissioner from time to time. In case-of any violation thereof, the contract shall be liable to be cancelled by the Commissioner after affording opportunity of being heard to the contractor in this behalf. (m) In case of any dispute regarding the contract, the contractor may submit such dispute to the Commissioner, whose decision in the matter shall be final. (n) Where the contractor has been permitted to collect tax on specified goods from registered dealers at a particular check-post or in a specified area, the tax deposited directly in the State treasury by the registered dealers of the specified area, shall be adjusted after due verification of such deposits, against the annual tax revenue of the contractor. However, on such deposits no collection charges shall be given to the contractor.] ### 45. Verification and adjustment of deposits claimed. - Where a dealer or a person furnishes a [receipt in Form VAT-38 or Form VAT-39] [Substituted 'receipt in Form VAT-38' by Notification No. G.S.R. 75, dated 20.8.2008 (w.e.f. 31.3.2006).] or [e-challan] [Substituted 'Part IV of the challan in Form VAT-37' by Notification No. S.O. 238, dated 6.3.2013.] , in order to claim an adjustment of the amount covered by such receipt or challan, and if such adjustment is not made for want of proper verification of such deposits, the assessing authority himself shall get the verification done and shall not enforce the demand to the extent of the amount under adjustment, till such adjustment is allowed or the claim for such adjustment is rejected by an order in writing, as the case may be. ### 46. Verification of periodical collection. (1) In the last week of every month, the Assistant Commissioner or the Commercial Taxes Officer or any other officer who handles the collection of tax, shall prepare a statement in Form VAT-45 and shall forward it to the Treasury Officer for verification. (2) Wire re any discrepancy in Form VAT-45 is discovered by the Treasury Officer at the time of verification, he shall inform the officer concerned, who shall send the necessary records to the Treasury Officer for reconciliation of accounts. Chapter X ----------- Procedure for Certain Actions ### 47. Audit of the dealer. (1) The audit of a dealer shall generally be conducted by the auditor at the place of the business of the dealer with prior intimation to such dealer. However, the Commissioner, in appropriate cases, may direct such audit to be conducted in the office of the auditor. (2) The audit shall be conducted as far as possible on a day-to-day basis. (3) After the completion of the audit, the auditor shall prepare an audit report mentioning therein the discrepancies found, if any, at the time of audit. (4) The audit report shall be signed by the dealer or his business manager or his authorized signatory and in case of their refusal the auditor shall make a remark to this effect. ### 48. Granting opportunity of hearing and recording of reasons. - Where an assessing authority or any other officer, enhances the admitted tax liability of a dealer, or imposes a penalty on him or any other person under the provisions of the Act or the Rules, or passes any order detrimental to their interest, the said authority or officer shall record the reasons thereof, and no such order shall be passed unless the dealer or the person has been given a reasonable opportunity of being heard. ### 49. Form of summons or notice. - For affording an opportunity of being heard under rule 48 or for initiating any action under any provisions of the Act or the Rules, or for the production of a document or for furnishing any information or for the appearance of any person, a summons or notice shall be issued in Form VAT-14. ### 50. Mode of service. (1) The Service of any summons, notice or order under the Act or the Rules may be effected in any one of the following ways, namely,- (a) by giving or tendering the copy thereof to the person addressed or his declared business manager or his authorized representative or to any person, other than an independent Service provider, who submits or files documents on behalf of such person or dealer; or (b) if the persons mentioned in clause (a) can not be easily found, by giving or tendering a copy thereof to an adult member of his family; or (c) if the address of such person is known to the authority concerned, by sending a copy thereof by registered post or through an electronic device, or (d) if none of the modes aforesaid is practicable, by affixation of a copy thereof in some conspicuous place at his last known place of business or residence, or by publishing in a State level newspaper. (2) Notwithstanding anything contained in sub-rule (1), in respect of a dealer or a person, the Service of any summons, notice or order under the Act or the Rules may be effected by sending the contents of such summons, notice or order as the case may be, to the dealer or to his declared business manager or to his authorized representative, through an e-mail address provided by the dealer or the person, and such Service shall be deemed to be a valid service on such dealer or person. ### 51. Procedure for search and seizure under section 75. (1) The officer who carries out a search under section 75, shall adopt the following procedure,- (a) The officer should record reasons as to why under the facts and circumstances of the case, search is necessary. (b) Before making a search, such officer shall call upon two witnesses to attend and witness the search and may issue an order in writing to them to do so. (c) The dealer or his business manager or any other person performing any activity relating to the business at the business place, building or other premises searched, shall be deemed to be the person in-charge of such premises and shall also be permitted to witness the search. (d) If any building or place is an apartment in the actual occupancy of a woman, who according to custom does not appear in public, the officer shall afford her every reasonable facility to withdraw. (e) Search of person may be made, but in case of a woman it shall be carried out by a woman. (f) In case of seizure of goods, articles and documents under this sub-rule, the procedure of sub-rule (2) shall be followed. (2) The accounts, registers, documents, goods and articles may be examined without calling witnesses by the officer empowered under section 75, but in the case of seizure thereof, the following procedure shall be adopted,- (a) seizure shall be made in the presence of two witnesses. (b) seizure memo shall be prepared by such officer in Form VAT-46 and reasons for seizure shall be recorded therein. (c) seizure memo shall also contain the list of the accounts, registers, goods, articles and the documents seized. (d) seizure memo shall be signed by the officer who effects seizure, by the dealer or his business manager or person incharge of the business and by the witnesses. (e) The officer making seizure shall tender one copy of the seizure memo to the dealer or his business manager or the person in-charge of the business premises, as a token of receipt, and one copy thereof shall be forwarded by him to the Commissioner within twenty four hours after such seizure is made. (3) The books of accounts or other documents maintained in the form of electronic record as defined in clause (t) of sub-section (1) of section 2 of the Indian Information Technology Act, 2000, may also be seized. In such cases the dealer or his business manager or person in-charge of the business or person incharge of these electronic records shall be bound to disclose the password and such other information as may be asked for by the authorized officer(s). Chapter XI ------------ Procedure for Cheeking of Goods in Transit ### 52. Officers empowered under section 76. - The Commissioner with the prior approval of the State Government may authorise any of the persons posted at the check-post established under the Act or constituted under any other law, for the time being in force, to perform such duties or to exercise such powers as may be specified in the notification. ### 53. [ Declaration required to be carried with the goods in movement for import within the State. [Substituted by Notification No. G.S.R. 12, dated 17.4.2008 (w.e.f. 31.3.2006).] (1) A registered dealer.- (i) who imports, from any place outside the State, any taxable goods, as may be notified by the State Government, for sale; or (ii) who receives any taxable goods as may be notified by the State Government, consigned to him from outside the State or by way of branch transfer/depot transfers/stock transfers; or (iii) who intends to bring, import or otherwise receives any taxable goods [\\\] as may be notified by the State Government, from outside the State for use, consumption or disposal otherwise than by way of sale; shall furnish or cause to be furnished a declaration in Form VAT-47, completely filled in all respect in ink and ensure that the value, date and month of use of such Form shall be punched at the specified place provided for in the Form. The counterfoil of the declaration shall be retained by such dealer and its portions marked as 'Original' and 'Duplicate' shall be carried with the goods in movement. However, where goods covered under single invoice are being carried in more than one vehicle, separate From VAT-47 shall be accompanied with each of such vehicles along with photo copy of the original invoice and challan of the goods carried in the vehicle: [Provided that subject to such conditions as may be specified by the Com¬missioner, a registered dealer may also furnish a declaration in Form VAT-47A, electrically through the official web-site of the Commercial Taxes Department of the State. The declaration form generated as 'Original' and 'Duplicate' shall be carried with the goods in movement. Where goods covered under single invoice are being carried in more than one vehicle, separate declaration Form shall be accompanied with each of such vehicles along with challan and photo copy of the original invoice of the goods carried in the vehicle: Provided further that a dealer may furnish the details of serial number of Form VAT-47, vehicle number, Invoice/Bill/Dispatch memo number with date and value of goods regarding the goods in movement either through Short Massaging Service (S.M.S.) or through Interactive Voice Response System (I.V.R.S.), to the department on the telephone numbers allotted for this purpose through a pre intimated cellular phone before the goods enter into the territory of the State. On intimation of the aforesaid information the dealer shall receive an Identification number through S.M.S. on same cellular phone. He shall also furnish or cause to be furnished the declaration Form VAT-47 completed in all respect to his assessing authority by the next working day. The owner or a person duly authorised by such owner or the driver or the person incharge of a vehicle or carrier or of goods in movement shall intimate the said Identification number to the assessing authority or the person authorised by the Commissioner at the time of checking of goods in movement, which shall be deemed to be prescribed form with goods in movement.] [Added by Notification No. G.S.R. 60, dated 25.6.2008 (w.e.f. 31.3.2006).] (2) The owner or a person duly authorised by such owner or the driver or the person Incharge of a vehicle or carrier of goods, shall carry with him the documents specified in clause (b) of sub-section (2) of section 76 including declaration form prescribed in sub-rule (1), in respect of the goods in movement and shall produce the same suo motu before the assessing authority or the officer authorized under sub-section (4) of section 76 at the time of inspection who shall retain the original portion of the declaration form and return the duplicate portion after signature and marking seal in token of having verified it, to the person producing it and such officer shall send the retained original portion of the declaration form to the assessing authority or the authorized officer. (3) If the declaration Form referred to in sub-rule (1) in respect of the goods in movement has already been submitted to the assessing authority or the officer authorized under sub-section (4) of section 76, the owner or a person duly authorised by such owner or the driver or the person Incharge of the vehicle or carrier or of the goods shall, on inspection by an officer authorized under sub-section (4) of section 76, at any subsequent place, produce the countersigned and sealed copy of the aforesaid declaration along with other documents specified in clause (b) of sub-section (2) of section 76. Explanation. - For the purpose of this rule, 'taxable goods' means all goods, except the goods which are exempted from tax in accordance with the provisions of the Act. (4) (a) If the goods are brought into the State from any place outside the State, through railways or airways or by any other mode, all documents specified in clause (b) of sub-section (2) of Section 76 including declaration form prescribed under sub-rule (1) shall accompany the goods in movement. (b) While booking goods for any destination in Rajasthan from a place outside the railways or airways authorities shall ensure that the goods in movement shall be accompanied by documents including declaration from prescribed under the Act and the rules. (c) The assessing authority or the officer authorized under sub-section (4) of Section 76 shall have the powers to inspect and check the goods in movement and the documents thereof, being transported through railways or airways. (d) the assissing authority or the officer authoized under sub-section (4) of Section 76 may seize the goods suspected of tax evasion by providing copy of the seizure memo to the concerned railways or airways official and may also remove the goods so seized from the railway or airport premises or from such other places where such goods are kept. (e) The assissing authority or the officer authorized under sub-section (4) of Section 76, shall have power to collect from railways or the airways details of consignments/consignor/consignee form their records Railway/airways officials shall keep record of consignee and the person taking delivery of the goods including the proof of identification and complete address thereof, at the time of taking delivery in the Delivery Book. While exercising powers under this clause the provisions contained in sub-rule (2) of Rule 53 shall be applicable mutatis mutandis. (f) Railways/Airways shall be treated as a transporting agency for the purposes of provisions of inspection of goods while in movement contained in the Act, and shall be subjected to all the provisions contained in the Act and the Rules including penal action against the defaulting railway/airways official. (5) The registered dealer shall submit a statement of import of goods in Form VAT-48 along with the duplicate portions of Form VAT-47 and in case the original portion of the Form VAT-47 has not been retained by any officer mentioned in sub-rule (2), it shall also be furnished along with the duplicate portion of Form VAT-47 to the assessing authority or to the authorized officer along with the return. (6) Where a registered dealer fails to furnish statement as mentioned in sub-rule (5) the assessing authority or the authorized officer, after affording a reasonable opportunity of being heard, may impose penalty under section 64.] 7)(a) Blank declaration Form VAT-47 shall be obtained from the assessing authority or officer/person authorised by the Commissioner on payment in Government Treasury, authorised bank or the office of the assessing authority/authorised officer, a sum of rupees fifty for each book containing twenty five declaration forms. [(b) For obtaining declaration forms referred to in clause (a), the registered dealer shall apply in Form VAT-16A to the assessing authority or officer/person authorised by the Commissioner stating his requirement of such forms. Where the Form VAT -16A is complete in all respect with requisite enclosures, the assessing authority or the authorised officer/person shall issue sufficient number of forms subject to maximum limit fixed by the assessing authority form time to time. (c) All declaration forms issued under clause (b) shall be authenticated by the assessing authority or the authorised officer/person with his seal and date of issue. The name of the dealer and registration number (TIN) shall be stamped at the appropriate place while issuing the said forms to the dealer. Such forms shall remain valid for two years from the date of issue. (d) Every registered dealer shall keep the declaration forms received by him in safe custody and shall be personally responsible for the loss of Government revenue, if any, directly or indirectly from any theft, loss or destruction thereof If any such form is stolen, lost or destroyed, the dealer shall immediately report the fact to his assessing authority and shall issue public notice of theft, loss or destruction, and take such further action as directed by the assessing authority. (e) The dealer who reports theft, loss or destruction of any blank or duly completed form shall be required to furnish security by way of an indemnity bond in Form VAT-65 against any possible misuse of the form, as prescribed in sub-rule (8) of Rule 21, of such amount and within such period as may be required by the assessing authority. (f) Any unused declaration form or forms remaining in stock with a registered dealer on the permanent discontinuance or closure of his business shall be surrendered by him to his assessing authority within a period of 30 days from the date of such discontinuance of closure. (g) The Commissioner may, by notification in the Official Gazette, declare that forms of a particular series, design or colour shall be deemed obsolete, and/or invalid for use with effect from such date as may be specified in the notification.] ### 54. [ Declaration required to be carried with the goods in movement for export out of Rajasthan or in the course of inter-State trade or commerce. [Substituted by Notification No. G.S.R. 12, dated 17.4.2008 (w.e.f. 31.3.2006).] - [(1) A registered dealer who dispatches any taxable goods to a place outside the State,- (i) for sale outside the State or by way of branch transfers/depot transfers/stock transfers, except the goods as may be notified by the State Government; or (ii) in the course of inter-State trade or commerce as may be notified by the State Government; or (iii) in the course of export as defined in sub-section (3) of Sec. 5 of the Central Sales Tax Act, 1956, as may be notified by the State Government; shall furnish or cause to be furnished declaration Form VAT-49 completely filled in all respect in ink and ensure that the value, date and month of use of such Form shall be punched at the specified place provided for in the Form. Such dealer shall retain the counterfoil of the Form VAT-49 with him and the portions marked Original and Duplicate shall be carried with the goods in movement. However, where goods covered under single invoice are being carried in more than one vehicle, separate Form shall be accompanied with each of such vehicles along with photo copy of the original invoice and challan of the goods carried in the vehicle.] [Substituted by Notification No. G.S.R. 60, dated 25.6.2008 (w.e.f. 31.3.2006).] (2) The dealer shall submit a statement of the used Form VAT-49 in Form VAT-50 along with the duplicate portion of Form VAT-49 and in case original portion of Form VAT-49 has not been retained by any officer mentioned in sub-rule (1), it shall also be furnished along with the duplicate portion of Form VAT-49 to his assessing authority or to the authorized officer along with the return. However, in case such original and or duplicate portion of Form VAT-49 is not received back by the dealer, an account of use of such forms during the quarter duly supported by an affidavit of the consignor shall be submitted to his assessing authority or to the authorized officer. (3) Where a dealer fails to furnish the statement as mentioned in sub-rule (2) above, the assessing authority or the authorized officer after affording a reasonable opportunity of being heard, may impose penalty under section 64. (4) The provisions of rule 21 shall, in so far as may be, mutatis mutandis, apply to the declaration Form VAT-49. (5) Where Form VAT-49 is out of print or in short supply or otherwise not available, the Commissioner may issue such instructions as he deems proper including dispensing with the requirement of such forms for the specified time.] ### 55. Transit of goods by road through State and issue of Transit Pass. (1) For issuance of transit pass, the owner, the driver or the person incharge of vehicle or carrier or goods, shall submit duly filled Part-A of Form VAT-51 in three copies to the in-charge of the first entry check-post in the State and if there is no such check-post, to the nearest check post from the entry point, (hereinafter referred to as entry check-post). (2) On submission of Form referred to in sub-rule (1), the incharge of the first entry check post shall on being satisfied with the particulars mentioned in Part-A and after making such enquiry as he deems necessary, shall complete Part-B of all the three copies of the Form VAT-51 and after affixing the Bar Code in specified place of Part-B, authenticate by affixing the seal of the check post in the First and Second copy, and shall retain the First copy of Form VAT-51 and deliver Second and Third copy of Form VAT-51 to the applicant. (3) The owner, the driver or the person incharge of such vehicle or carrier or goods shall stop his vehicle at the exit check post specified in Part-B of Form VAT-51 and submit the Second and Third Copy of Form VAT-51 to the in-charge of exist check post and shall allow the in-charge of such exit check post to inspect the documents and verily the goods in order to ensure that the goods being taken out of the State are the same for which transit pass in Form VAT-51 had been issued. On being satisfied, the in-charge of the exit check post shall fill in the Part-C of the Form VAT-51 and after affixing seal of the check-post, shall retain Second Copy of the Form and the Third Copy shall be delivered to the owner or the driver or the person incharge of such vehicle or carrier or goods, and allow the vehicle to move out of the State of Rajasthan. (4) The in-charge of the entry or exit check post shall have power to detain, unload and search the vehicle, the driver or the person incharge of the goods of vehicle, for verification of the goods. Where it is found that the goods are not in accordance with the documents submitted, the in-charge shall proceed in respect of such goods in accordance with the provisions of the Act. (5) After the entry of vehicle or carrier carrying goods at an Entry Check post, if a vehicle is detained or changed on account of breakdown or otherwise, the owner, the driver or the person incharge of such vehicle or carrier or goods shall inform within twenty four hours to the in-charge of the entry check post or to the Assistant Commissioner or the Commercial Taxes Officer of the area, nearest to the point of such breakdown. Such officer or the in-charge of the check post on being satisfied shall extend the transit period by putting a note to this effect on Second and Third Copy of Form VAT-51. ### 56. Delivery of documents and seizure of goods. (1) (a) The owner or a person duly authorised by such owner or the driver or the person Incharge of a vehicle or carrier or of the goods shall deliver the documents and declaration forms as provided in clause (b) of sub-section (2) of section 76 to the in-charge of the nearest entry check-post. If the goods in movement are not accompanied with complete documents and declaration forms, the in-charge of the check-post shall afford an opportunity to any of the above referred persons to produce the required documents and/or declaration forms completed in all respect. (b) on being asked by the in-charge of the check-post or by the officer empowered under rule 52, owner or a person duly authorized by such owner or the driver or the person Incharge of a vehicle or carrier or of the goods shall deliver the documents or declaration form(s) as provided in clause (b) of sub-section (2) of section 76, to such in-charge or officer. (2) Where any direction is issued under clause (a) of sub-section (5) of section 76, the in-charge of the check post or the officer empowered under rule 52, shall complete the verification or enquiry within seven days from the date of issue of the direction and will take appropriate action, if any, as warranted by the circumstances of the case. (3) Where the owner or a person duly authorized by such owner or the driver or the person in charge of the vehicle or carrier or of goods, as the case may be, does not. possess any document and declaration Form in respect of the goods in movement, or fails to produce or refuses to deliver the documents and the declaration Forms, or the documents and the declaration Forms produced appears to be false or forged, the in-charge of the check-post or the officer empowered under rule 52, may get such goods unloaded from the vehicle or the carrier and seize the same and shall issue a receipt of the goods so seized in Form VAT-52. (4) Where the goods are seized, the in-charge of the check post or the officer empowered under rule 52, shall serve a notice on the owner or a person duly authorized by such owner or the driver or the person in charge of the vehicle or carrier or of the goods, as the case may be, requiring him to show cause, within seven days from the date of service of the notice, as to why the documents and declaration, as referred to in sub-rule (1) were not produced or why the correct particulars were not furnished, at the time of checking. If the said incharge of the check post or the officer empowered under rule 52 is satisfied with the reply, or the penalty imposed under sub-section (6) of section 76 has been paid, or a security as demanded in lieu of such amount of penalty has been furnished, he shall release the goods and deliver the same to the owner of the goods or to anybody else duly authorized by such owner, after obtaining an acknowledgement to that effect. (5) Where the goods seized are subject to speedy and natural decay, and in the case of other goods where no compliance of the requirement of sub-rule (4) is made within three months from the date of service of the notice, the in-charge of the check post or the empowered officer, with the written approval of the Deputy Commissioner (Administration) having jurisdiction, may sell such goods in open auction. (6) The sale proceeds received under sub-rule (5) shall be deposited in the Government account. (7) Any person entitled to such sale proceeds shall, on an application to the Deputy Commissioner (Administration) referred to in sub-rule (5), be paid the sale proceeds, referred to in sub-rule (6), after deducting there from the amount of tax and/or penalty due in respect of the goods seized and auctioned, the amount of interest, if any, the expenses of the sale and other incidental charges. ### 57. Detention of a vehicle or a carrier and imposition of penalty. (1) Where the in-charge of a check post or the officer empowered under rule 52, detains a vehicle or a carrier under sub-section (9) of section 76, such in-charge of officer shall inform this fact forthwith to the Deputy Commissioner (Administration) having jurisdiction. (2) The in-charge of the check-post or the officer referred to in sub-rule (1) shall, immediately after the detention of a vehicle or a carrier, issue a show cause notice of a period not less than seven days, to the owner or a person duly authorized by such owner or the driver or the person in-charge of the vehicle or the carrier, as the case may be, where such vehicle or carrier is detained under sub-section (9) of section 76. Where the in-charge or the officer referred to in sub-rule (1), is not satisfied with the reply of, the owner or a person duly authorized by such owner or the driver or the person in-charge of the vehicle or the carrier as the case may be, he shall impose the penalty as provided in sub-section (9) of section 76, and shall release the vehicle or the carrier to the owner or a person duly authorized by such owner or the driver or the person in-charge of the vehicle or the carrier on payment of the penalty imposed or on furnishing of the security as directed by him. (3) Where, in response to a notice issued under sub-rule (2), the in-charge of the check-post or the officer referred to in sub-rule (1) is satisfied that no offence has been committed under sub-section (9) of section 76, he shall release the vehicle or the carrier to the owner or a person duly authorized by such owner or the driver or the person in-charge of the vehicle or the carrier, at once. Chapter XII ------------- Powers of Officers ### 58. Power to prescribe registers and forms. - The Commissioner may prescribe registers to be maintained, returns or statements to be submitted or documents to be used by the officers of the Commercial Taxes Department, for matters connected with the administration of the Act and the Rules. ### 59. Power to issue instructions. - The guide-lines formulated and instructions issued by the Commissioner under sub-section (1) of section 91 shall be in writing and shall be binding. ### 60. Power to take help from the subordinate officers/officials. - The Commissioner, the Deputy Commissioner (Administration) , the Assistant Commissioner, the Commercial Taxes Officer, the Assistant Commercial Taxes Officer and the Junior Commercial Taxes Officer, while exercising their powers and discharging their duties, may take help from the subordinate officers/officials working under them. Chapter XIII -------------- Persons entitled to appear before the Tax Authorities ### 61. Persons entitled to appear before the Tax Authorities. - No person shall appear before any Tax Authority in any proceedings under the Act or the Rules as a representative of other person, unless he is,- (a) a Tax Practitioner enrolled under the Rules; or (b) a Chartered Accountant within the meaning of the Chartered Accountants Act, 1949 (Central Act 38 of 1949); or (c) a legal practitioner, who is entitled to practice in any civil court in the State; or (d) a person holding a general or special power of attorney executed by the dealer and not receiving any specific remuneration for such appearance; or (e) a friend or a relative of the dealer authorized by him and making such appearance without charging any remuneration thereof; or (f) an officer not below the rank of Assistant Commercial Taxes Officer specially or generally authorized by the Commissioner or a Deputy Commissioner. Explanation. - Tax Authority shall include an in-charge check-post, an officer not below the rank of Assistant Commercial Taxes Officer exercising powers under the Act, Appellate Authority and the Board. ### 62. Qualifications of Tax Practitioners. - A Tax Practitioner must,- (a) hold a degree in Commerce, Law, Economics, Economic Administration and Financial Management conferred by any University incorporated by law for the time being in force in India; of (b) be an Income Tax Practitioner entitled to practice as such; or (c) be a Tax Practitioner under the Rajasthan Sales Tax Rules, 1955 or 1995 or under these Rules; or (d) be a retired officer of Rajasthan Commercial Taxes Department, who is not employed elsewhere and had served at least for five years. However, he shall not appear before any tax authority in any proceeding in such cases, which he had dealt with during the tenure of his service at any level. ### 63. Enrollment of Tax Practitioners. (1) Every person who desires to be enrolled as a Tax Practitioner shall apply to the Commissioner in Form VAT-53 and shall enclose attested copies of the University certificates along with two certificates of character from Gazetted Officers and every such application shall be accompanied with court fee stamps of rupees five hundred. (2) Where the Commissioner, after making such enquiry as he may consider necessary, is satisfied that the applicant possesses the requisite qualifications and is otherwise suitable for being enrolled as a Tax Practitioner, he shall enroll his name as such in a register to be maintained for the purpose in Form VAT-54 and every such enrollment shall be for a period of five years including the year during which such enrollment is made, and shall be renewable in every fifth year on a payment of a fee as laid down in sub-rule (1). (3) Every person whose name has been enrolled under sub-rule (2), shall be furnished with enrollment certificate issued by the Commissioner in Form VAT-55 authorising him to practice before tax authority, Assessing Authority, Appellate Authority and the Tax Board for a period as laid down in sub-rule (2), and if the holder of such certificate desires to continue to practise as such, he shall make an application accompanied by a fee of rupees two hundred fifty to the Commissioner before the expiry of the validity of the enrollment certificate praying for renewal thereof. The Commissioner may, subject to his satisfaction as to the good professional conduct of the applicant as a Tax Practitioner, renew such enrollment certificate for a further period of five years and endorse the fact of such renewal on the enrollment certificate. (4) An application for renewal after expiry of the validity of the enrollment certificate, issued under the Rajasthan Sales Tax Rules, 1955 or 1995 or under these Rules, shall not be considered by the Commissioner unless the delay in submission of such application is condoned by the Commissioner on a separate application from the holder of such certificate accompanied by a late fee of rupees two hundred fifty, however, the condonation of delay shall not exceed ninety days. (5) Where an enrollment certificate issued under these Rules is misplaced, lost or destroyed, duplicate thereof may be issued by the Commissioner on an application in writing accompanied with a fee of rupees two hundred fifty. ### 64. Action against persons entitled to appear before the Tax Authority. (1) If any person, who is a Chartered Accountant or a Legal Practitioner, is found guilty of misconduct in his professional capacity by the authority competent to institute disciplinary proceedings against him, an order passed by that authority shall have effect in relation to his right to appear before any Tax Authority as it has in relation to his right to practice as a Chartered Accountant or a Legal Practitioner, as the case may be. (2) Where a Tax Practitioner is found guilty of misconduct by the Commissioner in connection with any proceedings, he shall stand disqualified to represent a dealer or person under rule 63 but no such order or direction shall be made unless an enquiry is conducted under rule 65. (3) In pursuance of an order passed under sub-rule (2), the name of the holder of the enrollment certificate shall be removed by the Commissioner from the register in Form VAT-54 maintained by him under rule 63 and this fact shall be communicated by him to the Tax Practitioner concerned and also to all the Tax Authorities. ### 65. Procedure of enquiry against the Tax Practitioner. (1) Where the Commissioner on the basis of information in his possession is of the opinion that an enrolled Tax Practitioner is prima facie guilty of misconduct in connection with any proceedings, he shall frame definite charges against the Tax Practitioner and shall communicate them in writing to him, together with a statement of the allegations in support of the charges. The enrolled Tax Practitioner shall be required to submit within such time, as may be specified by the Commissioner, a written statement of his defence and also state whether he desires to be heard in person. (2) The Commissioner shall, unless he proposes to conduct the enquiry himself, appoint an Enquiry Officer not below the rank of a Deputy Commissioner, to conduct the enquiry and shall inform the enrolled Tax Practitioner of the appointment of such an Enquiry Officer. (3) On receipt of the written statement of defence, or if no such statement is received within the time specified, the Enquiry Officer shall enquire into such of the charges as are not admitted. (4) The Enquiry Officer shall in the course of the enquiry consider such documentary evidence and take such oral evidence as may be relevant or material in regard to the charges. The enrolled Tax Practitioner shall be entitled to cross-examine witnesses examined in support of the charges and to give evidence in person. If the Enquiry Officer declines to examine any witness on the ground that his evidence is not relevant or material, he shall record his reasons in writing. (5) On the conclusion of the enquiry, the Enquiry Officer shall prepare a report of the enquiry, recording his findings on each of the charges together with the reasons there for. (6) The Commissioner shall consider the report of the Enquiry Officer and record his findings on each charge and where he does not agree with the findings of the Enquiry Officer, shall record the reasons for his disagreement. (7) Where the Commissioner is satisfied on the basis of his findings on the Enquiry Officer's report that the enrolled Tax Practitioner is guilty of misconduct in connection with any proceeding, he shall pass an order directing that the authorized Tax Practitioner shall be disqualified to represent a person under rule 63 for such period as he may determine and his name shall be removed from the register for that period. (8) The Commissioner shall, while communicating his order under sub-rule (7), furnish to the enrolled Tax Practitioner, a copy of the report of the Enquiry Officer and a statement of his findings together with the reasons for disagreement, if any, with the findings of the Enquiry Officer. (9) The procedure prescribed in the aforesaid sub-rules shall mutatis mutandis apply when the Commissioner himself conducts the enquiry without appointing an Enquiry Officer. (10) Where a change of an Enquiry Officer becomes necessary in the midst of an enquiry, the Commissioner may appoint any other Enquiry Officer and the proceedings shall be continued by the succeeding Enquiry Officer. ### 66. Powers of the Commissioner and the Enquiry Officer. - For the purposes of any proceeding under rule 65, the Commissioner and the Enquiry Officer may exercise the powers to enforce evidence, laid down in section 92. Chapter XIV Settlement of Cases ------------------------------------ [67 to 70 [Deleted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] \\\] \| \| \| --- \| \| 67. [ Terms and conditions of Chairperson and members of the Tax Settlement Board. [Substituted by Notification No. G.S.R. 51, dated 22.7.2011 (w.e.f. 31.3.2006).] - (1) The Chairperson and members of the Tax Settlement Board shall be appointed by the State Government for a period of three years, which may further be extended for a period of one year at a time, but shall not be extended after completion of tenure of five years in the Board or attaining the age of 67 years, whichever is earlier: Provided that the tenure of member, who is serving Government Servant, shall be regulated in accordance with the rules applicable to him. (2) The other terms and condition of appointment, salary or allowances payable to Chairperson and members shall be such as may be specified by the State Government, from time to time: Provided that salary, allowances and other terms and conditions of appointment of the member, who is serving Government Servant, shall be regulated in accordance with the rules applicable to him. (3) The Chairperson and the members, other than the serving Government Servant appointed as a member, of Tax Settlement Board shall not be eligible for further employment under State Government or under any local authority/corporation owned or controlled by the State Government. (4) The Chairperson or any member, other than serving Government Servant, if desires to quit the Tax Settlement Board before completion of his tenure, he shall give one month's prior notice to the State Government.] [67A. Committee for appointment and extension of the term of Chairperson/members.- A committee comprising of Chief Secretary, Additional Chief Secretary/Principal Secretary, Finance Department, Principal Secretary, Law Department shall forward its recommendation for appointment and extension of term of the Chairperson/members of Tax Settlement Board to the State Government. 67B. Officer, other staff and headquarter of the Tax Settlement Board.- (1) The State Government shall make available to the Tax Settlement Board, (i) An officer of the rank of the Deputy Legal Remembrancer or Joint Legal Remembrancer, who shall be Registrar of the Tax Settlement Board. (ii) Such other officers and employees as may be necessary for discharge of the funct ions of the Tax Settlement Board. (2) The Headquarter of the Tax Settlement Board shall be at Jaipur. Subject to the direction of the State Government, the Tax Settlement Board may hold its sittings at such place or places as may be considered fit by the Chairperson.] [Inserted by Notification No. G.S.R. 51, dated 22.7.2011 (w.e.f. 31.3.2006).] 68. [ Application for Settlement. [Substituted by Notification No. G.S.R. 51, dated 22.7.2011 (w.e.f. 31.3.2006).] - (1) Every application submitted to the Tax Settlement Board shall be accompanied with the proof of deposit of fee of Rupees ten thousand. (2) Application for settlement shall be submitted, in Form VAT-56 in duplicate and separate applications shall be submitted by the applicant for separate orders: Provided that such fee and application shall not be required the matters referred by any court/ authority to the Tax Settlement Board. 69. Powers and Authority of the Tax Settlement Board.- (1) The Tax Settlement Board shall have powers to resolve the disputes relating to outstanding demand of tax or arrears of tax, interest or penalty payable under the Rajasthan Sales Tax Act, 1954, Rajasthan Sales Tax Act, 1994, Central Sales Tax Act, 1956 or Rajasthan Value Added Tax Act, 2003. if: (i) the dispute is not pending for decision before any competent/appellate authority or any court and any party to the dispute submit an application alortg with fee; or (ii) the dispute is pending for decision before any competent/appellate authority or any court and the parties to the dispute agree or one of the party thereof make an application to the court or the authority before whom the case is pending, for referring the case to the Tax Settlement Board for settlement and if such court/ authority, as the case may be, is prima facie satisfied that there are possibilities of such settlement or the court/authority, as the case may be, is satisfied that the matter is appropriate for settlement by the Tax Settlement Board, the such court/authority may refer the case to the Tax Settlement Board; and (iii) the outstanding demand of tax or arrears of tax, interest or penalty shall not be less than rupees one lac and not more than rupees 50 Crore. (2) After presenting an application or case is referred to the Tax Settlement Board, no party to the dispute shall invoke jurisdiction of any other court/authority for the same dispute and where the dispiites are pending before any court/authority, the parties shall be under obligation to inform the court/authority about initiation of the proceedings before the Tax Settlement Board and they should not pursue the case pending before the court/authority till the matter is pending before the Tax Settlement Board. Explanation.- (a) Tax means tax payable by any dealer or person under the Rajasthan Sales Tax Act, 1954, Rajasthan Sales Tax Act, 1994, Central Sales Tax Act, 1956 or Rajasthan Value Added Tax Act, 2003 but does not include the tax collected or charged; (b) Penalty means penalty imposed on a dealer or person under the Acts referred to in Explanation (a) above: and (c) Interest means interest payable by a dealer or person under the Acts referred to in Explanation (a) above. (3) The Tax Settlement Board shall not interpret the Laws and applicability of tax, penalty or interest in settlement proceedings. (4) The Tax Settlement Board shall have the powers to stay the recovery of the demand for a period not exceeding sixty days, which may, after recording reasons, further be extended for a period of thirty days.] 69A. [ Settlement of dispute and issue of Certificate of Settlement. [Inserted by Notification No. G.S.R. 51, dated 22.7.2011 (w.e.f. 31.3.2006).] - (1) On receipt of a reference from any court/authority or an application, the Tax Settlement Board shall forward the same to the other party concerned and call upon to furnish the relevant records along with comments. (2) The Tax Settlement Board shall, for the purposes of holding any settlement, have the same powers as are vested in a civil court under the Code of Civil Procedure. 1908 (Act No. 5 of 1908) in respect of the following matters, namely: (a) the summoning and enforcing the attendance of ay witness and examining him on oath; (b) the discovery and production of any document; (c) the reception of evidence on affidavits; (d) the requisitioning of any public record or document or copy of such record or document from any court or office; and (e) such other matters as may be prescribed. (3) The Tax Settlement Board shall adopt summary procedure for the disposal of settlement proceedings and disposed off the proceedings within ninety days. (4) Subject to the provisions of these rules, the Tax Settlement Board shall have power to regulate their own procedure for the purpose of discharging their functions and the Tax Settlement Board may, (a) direct to file before it a written statement, stating therein the facts and nature of dispute, points or issues in such dispute and grounds relied in support of or in opposition to, such points or issues, as the case may be, and such party may supplement such statement with any document and other evidence which such party deems appropriate in proof of such facts and grounds and shall send a copy of such statement together with a copy of such document and other evidence, if any, to other party to the application; (b) require any party to the dispute to file additional statement before it at any stage of the settlement proceedings; and (c) communicate any document or statement received by it from any party to the dispute to the other party, to enable such other party to present reply thereto. (5) When statement, additional statement and reply, if any, have been filed to the satisfaction of the Tax Settlement Board, it shall conduct settlement proceedings between the parties to the dispute in such manner as it thinks appropriate taking into account the circumstances of the dispute. (6) The Tax Settlement Board shall, during the settlement proceedings, assist the parties in their attempt to reach an amicable settlement of the dispute in an independent and impartial manner. (7) It shall be the duty of every party to the dispute to cooperate in good faith with the Tax Settlement Board in settlement of the dispute relating to the application and to comply with the direction of the Tax Settlement Board to produce evidence and other related documents before it. (8) The Advocates or the Tax Consultants, unless specially permitted by the Tax Settlement Board under exceptional circumstances recorded in writing, shall not appear in any proceedings before it. (9) When the Tax Settlement Board, in the aforesaid settlement proceedings, is of the opinion that there exist elements of settlement in such proceedings which may be acceptable to the parties, it may formulate the terms of a possible settlement of the dispute and give to the parties concerned for their observations and in case the parties reach at an agreement on the settlement of the dispute, they shall sign the settlement agreement and the Tax Settlement Board shall pass an order of settlement in terms thereof and furnish a copy of the same to each of the parties concerned. (10) The Tax Settlement Board may grant facility of payment of the amount mentioned in the settlement order along with amount of interest payable, in monthly installments not exceeding twenty four, subject to such conditions including condition of furnishing security to the satisfaction of the Assessing Authority, as it may deem fit. (11) The decision of the Tax Settlement Board shall be unanimous. (12) No Penal action against the applicant shall be initiated in the matter under consideration of the Tax Settlement Board, after an order of settlement has been passed. The applicant/dealer shall not be entitled to refund of any amount or other benefit under any Act after wards. (13) Where the parties fail to reach at any settlement the Tax Settlement Board shall order accordingly. (14) The application shall submit to the Tax Settlement Board the proof of deposit of the amount determined in lieu of arrears of Tax, penalty and interest along with the copy of the order of withdrawal of the case, if any, within thirty days from receipt of order of settlement. (15) After receipt of the proof of deposit of the amount determined and the order of withdrawal of the case, if any, the Tax Settlement Board shall issue a Certificate of Settlement of arrears of tax, penalty and interest in dispute. (16) The Certificate of Settlement shall be binding on all the parties to the dispute. (17) In case the application fails to deposit the amount determined by the Tax Settlement of arrears of tax, penalty and interest in disputed. (18) For all purposes under this rule, amount determined shall be treated to be tax levied or amount of penalty imposed, as the case may be, and date of order made by the Tax Settlement Board shall be treated to be the date of order of assessment or penalty, as the case may be. (19) Where application of the dealer or other person has been rejected by the Settlement Board, the Assessing Authority shall proceed in the matter in accordance with the provisions of the Act. (20) Where a case of settlement under this rule is pending before the Settlement Board, nothing shall preclude the Assessing Authority from making re-assessment or passing years to which settlement case is pending before the Tax Settlement Board. (21) Where any dispute is pending for settlement before the Tax Settlement Board and settlement order has not been passed, if any additional notice is issued in the same matter on any ground not mentioned in the earlier notice, the application or the Assessing Authority may request the Tax Settlement Board to consider the grounds mentioned in such additional notice.] 70. Payment of fees and other amount.- The fees and the amount determined in lieu of arrears of tax, penalty and interest in dispute shall be disposed into a Government Treasury or a Bank authorized to receive money on behalf of the State Government in the manner prescribed under the relevant Act. \| Chapter XV ------------ Miscellaneous ### 71. [ Application for rectification of mistake. [Substituted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] - An application for rectification of mistake under sub-section (1) of section 33 of Act shall be submitted in Form VAT-57 electronically through the official web-site of the department in the manner as provided therein.] ### 72. [ Application for Reopening of ex-parte assessment. [Substituted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] - An application for reopening of ex-parte order under sub-section (1) of section 34 of the Act shall be submitted in Form VAT-58 before the Deputy Commissioner (Administration) having jurisdiction, electronically through the official web-site of the department in the manner as provided therein. Such application shall be disposed of within forty five days from the date of its submission.] ### 73. Application for determination of disputed question. - An application for determination of disputed question under sub-section (1) of section 36 shall be submitted before the Commissioner in Form VAT-59 and shall be accompanied by the proof of payment of a fee of rupees one hundred. ### 74. Procedure for composition of offences. (1) For composition of offence under sub-section (1) of section 68, application shall be submitted in Form VAT-60 to the Deputy Commissioner (Administration) having jurisdiction. (2) On receipt of such application, the Deputy Commissioner (Administration) after conducting such enquiry as he may deem appropriate, direct by an order in writing, such dealer or person to pay, such composition amount as may be determined by him, in the specified period, failure to do so will result in cancellation of such composition order, on expiry of the specified period. ### 75. [ Furnishing of information by a clearing or a forwarding agent. [Substituted by Notification No. S.O. 586, dated 9.3.2011 (w.e.f. 31.3.2006).] - On being permitted by the Commissioner, any officer not below the rank of Commercial 'Faxes Officer may require information from any clearing or forwarding agent who in the course of his business renders his service for booking or taking delivery of any consignment of goods liable to tax or handles any document of title relating to goods liable to tax in From VAT-63.] ### 76. Procedure for write-off of demand. - Where a demand is outstanding against a person or a dealer, for a period of ten or more years from the date it became due, and such demand has become irrecoverable for want of any kind of property, the competent officer under section 52 may write-off the demand, after making such enquiry, as he deems appropriate. ### 77. Furnishing of security. - Every dealer or person who is required under any of the provisions of the Act or the Rules to furnish a security, shall furnish it in any of the following forms:- (i) in cash, which shall be paid in accordance with rule 39; or (ii) by depositing, with the officer concerned, savings certificates issued by the Government of India of a face value not less than the amount of security required to be furnished, duly endorsed in favour of the officer concerned; or (iii) by furnishing to the officer concerned a bank guarantee payable by a branch situated in the State, agreeing to pay to the State Government or any of its officer, on demand the amount of security fixed by the officer concerned; or (iv) by executing a bond in Form VAT-64, with necessary modifications where necessary, with two sureties acceptable to the officer or authority concerned. ### 78. Disclosure of information relating to a dealer. - Application for disclosure of information relating to a dealer, under sub-section (2) of section 94, shall be made by the applicant before the Commissioner in Form VAT-66 accompanied with the proof of payment of a fee of rupees one hundred, mentioning therein the particulars of information and purpose for which information is required. ### 79. [ Issue of tax clearance certificate. [Substituted by Notification No. S.O. 113, dated 7.8.2013 (w.e.f. 31.3.2006).] (1) An application for tax clearance certificate by a registered dealer shall be substituted electronically through the official web-site of the Department in the manner provided therein. (2) The assessing authority or any officer not below the rank of Assistant Commercial Taxes Officer authorized by the Commissioner in this behalf, shall reject the application of tax clearance certificate, where- (a) the applicant dealer has failed to comply with an order demanding initial or additional security under section 15 of the Rajasthan Value Added Tax Act or under sub-section (3-A) of section 7 of the Central Sales Tax Act, 1956; or (b) the applicant dealer has failed to make payment of any recoverable outstanding demand(s) under the Rajasthan Value Added Tax Act, 2003 and/or under the Central Sales Tax Act, 1956 and/or under the Rajasthan Sales Tax Act, 1994 and/or under the Rajasthan Sales Tax Act, 1954, or (c) the applicant dealer has failed to pay tax or any other sum due under the provisions of the Rajasthan Value Added Tax Act, 2003 and/or under the Central Sales Tax Act, 1956 within the time prescribed therein; or (d) the applicant dealer has failed to furnish any return or returns in accordance with the provisions of the Rajasthan Value Added Tax Act, 2003 and under the Central Sales Tax Act, 1956 for the immediately preceding two years. On rejection of the application, the dealer may apply afresh for the same after fulfillment of the above requirements. (3) On receipt of such application, the assessing authority or any officer not below the rank of an Assistant Commercial Taxes Officer authorized by the Commissioner in this behalf, subject to the provisions of sub-rule (2), shall, within ten days of receipt of such application, grant permission to the applicant dealer to generate the tax clearance certificate in Form VAT-67, electronically through the official website of the Department, which shall be valid up to the date mentioned therein, and intimation of such permission shall be communicated to the applicant dealer through the official website of the Department.] ### 79A. [ Consent to use website of Commercial Taxes department. [Inserted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] - A registered dealer shall give his consent for using the official website of the commercial taxes department for his official dealing with the department including submission of returns, applications, and receipt notices, communications or intimations by submitting an undertaking in the manner as provided in the official website of the department, after enrolling by using his TIN as login id and password created by himself. Such dealer shall generate a copy of such undertaking through the official website of the department and shall affix his signature on it. The undertaking duly attested by a notary public shall be submitted by such dealer to the assessing authority or to the officer authorised by the Commissioner in this behalf, within seven days of submission of such undertaking on the official website of the department.] ### 80. Court fees. - Court fee stamps of the value indicated below shall be affixed on all documents in respect of appeals, revisions and other proceedings.- \| \| \| \| \| --- \| --- \| --- \| \| Item No. \| Nature of Document \| Value of court fee stamps \| \| 1. \| (a) \| Memorandum of appeal under section 82 \| Fifty rupees. \| \| \| (b) \| Memorandum of appeal under section 83 \| One hundred rupees. \| \| \| (c) \| Application for revision under section 84 \| One hundred fifty rupees. \| \| \| (d) \| Application for revision under section 85 \| One hundred rupees. \| \| 2. \| Vakalatnama by an advocate or authority by a Chartered Accountant or by any Tax Practitioner enrolled under rule 63 or a friend or relative of the dealer authorized to appear or his representative under rule 61 when filed before,- \| \| \| \| (a) \| the Deputy Commissioner, the Assistant Commissioner, the Commercial Taxes Officer, or the Assistant Commercial Taxes Officer. \| Rupees two \| \| \| (b) \| the Commissioner or the Tax Board. \| Rupees four \| \| 3. \| Application for adjournment of any proceedings before any authority under the Act. \| Rupees two \| \| 4. \| (a) \| Application for obtaining copies. \| Rupees two \| \| \| (b) \| Copy of any order passed by any authority under the Act or any other document. \| Rupees four for every page or part thereof. \| \| \| (To be issued within seven days of the receipt of the application) \| \| \| 5. \| Application and copying fees for urgent copies. \| Double of the fee payable at item No. 4 above. \| \| \| (To be issued within three days of the receipt of the application) \| \| \| 6. \| Application for inspection of files. \| Rupees ten \| \| 7. \| Application for grant of payment of demand in installments or postponement of payment of any demand or stay under sub-sections (4) or (5) of section 38. \| Rupees five \| \| 8. \| Any other document not covered by item Nos. 1 to 7 above. \| Rupees two \| ### 81. Repeal and Savings. (1) The Rajasthan Sales Tax Rules, 1995 (to be referred to as the Sales Tax Rules), are hereby repealed. (2) The repeal under sub-rule (1) shall not affect in any way, anything done or any action taken or any privilege accrued or any obligation or liability incurred, under the State Tax Rules. (3) Any notification or circular issued with reference to any of the provisions of the Sales Tax Rules in force on the date of commencement of these rules, shall remain in force unless such notification or circular is superseded in express terms or by necessary implication, and any reference of a rule of the Sales Tax Rules therein, shall be deemed to refer to the relevant rule of the VAT Rules. (4) The blank printed forms prescribed under the Sales Tax Rules may, with or without such modifications, be continued to be used till such date, as may be directed by the Commissioner and all forms under these rules, except VAT-15, [VAT-36, VAT-36A,] [Inserted by No. F. 12(28) FD/Tax/2007/149, dated 9-3-2007, Published in Rajasthan Gazette Extraordinary, Part IV-C(I), dated 9-3-2007, page 451.] VAT-38, VAT-39, [VAT-41,] [Inserted by No. F. 12(63) FD/Tax/2005-60, dated 9-6-2006, Published in Rajasthan Gazette Extraordinary, Part IV-C(I), dated 17-6-2006, page 27(1).] VAT-47 and VAT-49, required to be used by the dealer or any person, may be got printed by them. [From VAT-01] [Substituted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] [See Rule 12 (2) ] Application for Registration \| \| \| \| \| --- \| --- \| --- \| \| 1 \| Name of Dealer \| \| \| \| Whether Non Resident Dealer \| Yes / No \| \| 2 \| (i) Address of Principal Place of Business \| \| \| \| (ii) Bldg. No/Name/Area \| \| \| \| (iii) Town/City \| \| \| \| (iv) District (State) \| \| \| \| (v) Pin Code \| \| \| \| (vi) Email ID \| \| \| \| (vii) Alternate Email ID (if any) \| \| \| \| (viii) Mobile Number \| \| \| \| (ix) Telephone Number(s) (if any) \| \| \| \| (x) Fax No. (if any) \| \| \| [3 [Substituted by Notification No. G.S.R. 27, dated 23.7.2016 (w.e.f. 31.3.2006).] \| Permanent Account Number (PAN) of Dealer, (In case of Sole proprietorship, PAN allotted to proprietor be mentioned)] \| \| \| 3A. [ [Inserted by Notification No. G.S.R. 27, dated 23.7.2016 (w.e.f. 31.3.2006).] \| Permanent Account Number (PAN) of the Dealer/ Proprietor, (In case of Sole Proprietorship, PAN allotted to proprietor be mentioned] \| \| \| 4 \| Date of commencement of business \| D \| D \| M \| M \| Y \| Y \| \| \| The Rajasthan Value Added Tax Act, 2003 \| D \| D \| M \| M \| Y \| Y \| \| \| The Central Sales Tax Act, 1956 \| D \| D \| M \| M \| Y \| Y \| \| \| The Rajasthan Tax on Entry of Goods into Local Areas Act, 1999 \| D \| D \| M \| M \| Y \| Y \| \| \| The Rajasthan Tax on Luxuries (in hotels and lodging houses) Act, 1990 \| \| \| 5 \| Date from which liable to be registered. \| \| \| The Rajasthan Value Added Tax Act, 2003 \| D \| D \| M \| M \| Y \| Y \| \| \| The Central Sales Tax Act, 1956 \| D \| D \| M \| M \| Y \| Y \| \| \| The Rajasthan Tax on Entry of Goods into Local Areas Act, 1999 \| D \| D \| M \| M \| Y \| Y \| \| \| The Rajasthan Tax on Luxuries (in hotels and lodging houses) Act, 1990 \| D \| D \| M \| M \| Y \| Y \| \| 6 \| Actual Value of goods purchased, stock receipt of goods in the year up to the date of submission of the application. (To be filled by dealer who intends to get registration under ETLA, 1999) \| \| \| 7 \| Whether opting for payment of tax u/s 3(2) \| Yes/No \| \| \| If No, \| \| \| \| (i) Whether intends to sale exempted goods \| Yes/No \| \| \| (ii) Whether intends to opt to pay tax in lump sum u/s 5 \| Yes/No If yes name of Composition Scheme(s) \| \| \| (iii) Whether intends to sale goods taxable at first point in the series of sales and goods have suffered tax at the said first point. \| Yes/No If yes Commodity name of name of \| \| \| (iv) Whether intends to sale goods taxable at maximum retail price and such goods have suffered tax at maximum retail price. \| Yes/No If yes Commodity \| \| \| (v) Whether intends to opt for exemption in lieu of tax u/s 8(3) \| Yes/No \| \| \| (vi) Whether dealer also intends to sale goods other than those mentioned above in (i) to (v) \| Yes/No \| \| 8 \| Nature of Business \| Manufacturer/Retailer/Leasing/Wholesaler/Works Contractor/Exporter/Other, please specify \| \| \| (i) If Manufacturer (As defined by sub-section (1) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006 ) \| Small/Medium Large \| \| 9 \| Commodities dealt with/ proposed to be dealt with \| Intend To Purchase/Receive and Intend to Sale \| \| 10 \| Constitution of Business: \| Proprietorship Partnership/Private Ltd. Company/Public Ltd. Company/Public Sector Undertaking/HUF/Co-operative Society/Club/Trust/Central/State Government Department/ Others, Please specify \| \| 11 \| Particulars of the proprietor/partners/ directors/Karta/Trustees/Members of the governing body/authorized signatory: \| \| \| \| (i) Full Name \| \| \| \| (ii) Father's/Husband's Name \| \| \| \| (iii) Date of Birth \| \| \| \| (iv) Status \| \| \| \| (v) Extent of interest % \| \| \| \| (vi) Permanent address \| \| \| \| (vii) Mobile No. \| \| \| \| (viii) Telephone No. (if any) \| \| \| \| (ix) PAN \| \| \| \| (x) Email ID \| \| \| \| (xi) Details (including address) of all immovable property owned by or in which the person has interest/joint interest. \| \| \| \| (xii) Particulars of interest in any other business (es) , if any \| \| \| \| a. Name of other business \| \| \| \| b. Complete Address of other business \| \| \| \| c. TIN \| \| \| \| d. CST No. \| \| \| \| e. Nature of interest in the business \| \| \| \| f. Extent, of interest \| \| \| \| (xii) Particulars of interest in any other closed business(es) \| \| \| \| a. Name of closed business \| \| \| \| b. Complete Address of closed business \| \| \| \| c. R.C.No. \| \| \| \| d. Date of closure \| \| \| \| e. Nature of interest in the business \| \| \| \| f. Extent of interest Details of surety/security bond: \| \| \| \| A In case of surety \| \| \| \| I. Name of business, of I surety \| \| \| \| TIN \| \| \| \| II. Name of business of II surety \| \| \| \| TIN \| \| \| \| B. In case of security is furnished by cash/NSC, details thereof \| \| \| S.No. \| Amount \| No. \| Date of Maturity \| \| \| 1 \| \| \| \| \| \| 2 \| \| \| \| \| \| 3 \| \| \| \| \| \| C. In case of security is furnished by Bank Guarantee, details thereof \| \| \| 1 \| Amount of Bank Guarantee \| \| \| \| \| 2 \| Effective Period of Bank Guarantee \| \| \| \| \| 3 \| Name of Bank and Address of Branch \| \| \| \| 13 \| Information regarding Bank Account \| \| \| 1 \| Name of Bank \| \| \| 2 \| Name and Address of Branch \| \| \| 3 \| Account No. \| \| \| 4 \| Type of Account \| \| \| 5 \| IFSC of Branch \| \| 14 \| Details of Branch(es) /Additional Place(s) of business including warehouse(s) in the State: \| \| \| Factory \| Godown/Warehouse \| Branch (es) /Additional Place (s) \| Other (place specify) \| \| \| 1. Bldg. No./ Name/ Area \| \| \| 2 \| Town/City \| \| \| \| 3. District (State) \| \| \| \| 4. Pin Code \| \| \| \| 5. Email ID (if any) \| \| \| \| 6. Telephone Number (s) (if any) \| \| \| \| 7. FAX No. (if any) \| \| \| 15 \| Details of Branch(es) /Additional Place(s) of business outside the State: \| \| \| 1. Bldg. No./ Name/ Area \| \| \| \| 2. Town/City \| \| \| \| 3. District (State) \| \| \| \| 4. Pin Code \| \| \| \| 5. Email ID (if any) \| \| \| \| 6. Telephone Number (s) (if any) \| \| \| \| 7. FAX No. (if any) \| \| \| 16 \| Details of business Manager(s) \| \| \| 1. Name of Business manager \| \| \| \| 2 Bldg. No./Name/Area \| \| \| \| 3. Town/City \| \| \| \| 4. District (State) \| \| \| \| 5. Pin Code \| \| \| \| 6. Email ID (if any) \| \| \| \| 7. Telephone Number(s) (if any) \| \| \| \| 8. FAX No. (if any) \| \| \| \| To be furnished by a dealer opting for registration under the CST Act, 1956 \| \| 17 \| Type of Registration \| u/s 7(1) u/s7(2) \| \| 18 \| Goods or class of goods to be purchased in the course of inter state trade or commerce \| for resale, use in manufacture or processing of goods for sale, use in mining, use in generation or distribution of electricity or any other form of power, use in the packing of goods for sale/resale power. \| \| \| \| \| --- \| --- \| \| FORM VAT-02[SeeRule 13(1) ]Declaration of Business Manager \| RecentPhotographsigned andattested \| \| \| \| \| \| --- \| --- \| --- \| \| \| Registration No. (TIN) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Dealer \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 2. \| Name of Business Manager \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| 3. \| Permanent Residental Address of Business Manager \| \| \| Bldg. No/Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| Fax No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| 4. \| Present Residental Address of Business Manager \| \| \| No./Area/locality \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| Fax No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 5. \| Date from which authorised to act as a Business Manager \| (DD/MM/YYYY) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| DECLARATION I/We declare that the person named above is authorised to act as a Business Manager for the above referred business, for which application for registration is being filed/is registered under Rajasthan VAT Act, 2003. His all actions in relation to this business will be binding on me/us. \|} \| \| \| \| --- \| --- \| \| 6. \| Details of Signatory \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Full Name \| Signature \| Status \| Extent of interest in business(%) \| \| \| \| \| \| \| \| \| \| --- \| --- \| \| 7. \| Acceptance as a Business Manager \| \| \| I accept to act as a Business Manager for the above referred Business. \| \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| Instructions : ### 1. Please read the instructions carefully. ### 2. All the entries should be filled in capital letters. ### 3. To be submitted in duplicate. ### 4. This Form should be signed by: a. Proprietor, in case of Proprietorship concern; b. Managing Partner, in case of Partnership firm and where there is no Managing Partner, by any other partner; c. Managing Director/Director or authorised signatory, in case of a Company; d. Karta, in case of Hindu Undivided Family; and e. Authorised Signatory, in all other cases, ### 5. Use separate form for each person declared as Business Manager. ### 6. Passport size photograph to be pasted above and attested by the either of signatories. [FORM VAT-03] [As amended by No. F.12(63) FC/Tax/2005-60, dated 9-6-2006, published in Rajasthan Gazette Extraordinary, Part IV-C(I), dated 17-6-2006, page 27(1).] [See Rule-14(1) (a) & 15(2)] Registration Certificate Registration Number [TIN] \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Opted under section 3(2) or 5(1) This is to certify that \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(name of the Dealer), whose principal place of business is situated at: Address was registered under the repealed Act with effect from\_\_\_\_\_\_\_\_\_\_\_\_and under the Rajasthan Value Added Tax Act, 2003 with effect from\_\_\_\_\_\_\_\_\_\_\_\_ Name and address of proprietor/partners/directors, as the case may be, are as follows: \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| S.No. \| Name \| Status \| Address \| \| \| \| \| \| Branch/ Additional place(s) of business: \| \| \| \| \| --- \| --- \| --- \| \| 1. \| \| \| \| 2. \| \| \| \| 3. \| \| \| \| 4. \| \| \| The following is the description of good s dealt in: \\\\\\\\\\\\\\\\\\\\\\* \| \| \| \| --- \| --- \| \| Intend to Purchase \| Intend to sale \| \| \| \| \| \| \| \| \| \| \| \| \| This Certificate shall remain in force unless it is cancelled. \| \| \| \| \| --- \| --- \| --- \| \| Seal \| \| Signature\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Name\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Designation\_\_\_\_\_\_\_\_\_\_\_\_\_\_Place \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| Date of issue\_\_\_\_\_\_\_\_\_\_\_\_\_ \| FORM VAT-04 [See Rule 15(1) ] Application for Issue of Duplicate Registration Certificate \| \| \| \| \| --- \| --- \| --- \| \| \| Registration No. (TIN) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Dealer \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| 2. \| Principal Place of Business: \| \|- \| \| Bldg. No/Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| {\| \|- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \|- \| \| District (State) \| {\| \|- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \|- \| \| Pin Code \| {\| \|- \| \| \| \| \| \| \|} \| Email ID \| {\| \|- \| \| \| \| \| \| \| \| \| \| \|} \|- \| \| Telephone Number(s) \| {\| \|- \| \| \| \| \| \| \| \| \| \|} \| Fax No. \| {\| \|- \| \| \| \| \| \| \| \| \| \|} \| \|} \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 3. \| Date of issue of original Registration Certificate \| (DD/MM/YYYY) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 4. \| Date from which registered under Rajasthan Value Added Tax Act \| (DD/MM/YYYY) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| 5. \| Person for applying for duplicate registration certificate as Original Registration Certificate is \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Misplace \| \| Lost \| \| Destroyed \| \| \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| Instructions: ### 1. Please read the instructions carefully. ### 2. All the entries should be filled in capital letters. ### 3. Tick √ applicable in option boxes. ### 4. The application should be filed in duplicate. ### 5. This from should be verified and signed by: a. Proprietory, in case of Proprietorship concern. b. Managing Partner, in case of a Partnership firm and where there is no Managing Partner, by all the partners if there is no registered partnership deed and in case of a registered partnership deed by any one of them. c. Managing Director or authorised signatory, in case of a Company. d. Karta, in case of Hindu Undivided Family. e. Authorised Signatory, in all other cases. ### 6. Exercise proof of payment of prescribed fee. FORM VAT-05 [See Rule 16(1) ] Application for Amendment in the Registration Certificate \| \| \| \| \| --- \| --- \| --- \| \| \| Registration No. (TIN) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Dealer \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 2. \| Change in Name of Dealer \| {\| \| \| \| \| \| Date of change \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| \| New Name of Dealer \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 3. \| Change in Principal Place of Business \| {\| \| \| \| \| \| Date of change \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| \| New Address of Principal Place of Business \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 4. \| New Additional Place(s) of Business \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| Type \| \| Factory \| \| Godown \| \| Branch \| \| Others \| \| \| \| \| \| \| If other, please specify \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| New Additional Place(s) of Business \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 5. \| Change in good dealt with \| {\| \| \| \| \| \| Date of change \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| Intend to Purchase \| Intend to sale \| \| \| Additions : \| \| \| 1. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Code \_\_\_\_\_\_\_\_\_\_\_ \| 1. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Code \_\_\_\_\_\_\_\_\_\_\_ \| \| 2. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Code \_\_\_\_\_\_\_\_\_\_\_ \| 2. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Code \_\_\_\_\_\_\_\_\_\_\_ \| \| 3. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Code \_\_\_\_\_\_\_\_\_\_\_ \| 3. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Code \_\_\_\_\_\_\_\_\_\_\_ \| \| 4. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Code \_\_\_\_\_\_\_\_\_\_\_ \| 4. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Code \_\_\_\_\_\_\_\_\_\_\_ \| \| ................................................................. \| ................................................................. \| \| Deletions : \| \| \| 1. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Code \_\_\_\_\_\_\_\_\_\_\_ \| 1. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Code \_\_\_\_\_\_\_\_\_\_\_ \| \| 2. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Code \_\_\_\_\_\_\_\_\_\_\_ \| 2. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Code \_\_\_\_\_\_\_\_\_\_\_ \| \| 3. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Code \_\_\_\_\_\_\_\_\_\_\_ \| 3. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Code \_\_\_\_\_\_\_\_\_\_\_ \| \| 4. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Code \_\_\_\_\_\_\_\_\_\_\_ \| 4. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Code \_\_\_\_\_\_\_\_\_\_\_ \| \| ................................................................. \| ................................................................. \| \| \| \| \| \| --- \| --- \| --- \| \| 6. \| Closure of Additional Place(s) of Business \| {\| \| \| \| \| \| Date of Closure \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| Type \| \| Factory \| \| Godown \| \| Branch \| \| Others \| \| \| \| \| \| \| If other, please specify \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| New, Address of Principal Place of Business \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 7. \| Acquisition/amalgamation of Business \| {\| \| \| \| \| \| Date \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| \| Name of Business \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| \| Nature of Business \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| Manufacturer \| \| Retailer \| \| Leasing \| \| Wholesaler \| \| Works Contractor \| \| \| \| \| \| \| Exporter \| \| Other, please specify \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| TIN of seller \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| \| Address \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 8. \| Sale or disposal of Business in part \| {\| \| \| \| \| \| Date of Disposal \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| \| Name of Business \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| \| Nature of Business \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| Manufacturer \| \| Retailer \| \| Leasing \| \| Wholesaler \| \| Works Contractor \| \| \| \| \| \| \| Exporter \| \| Other, please specify \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| TIN of seller \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| \| Address \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 9. \| Change Nature of Business \| {\| \| \| \| \| \| Date of Change \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| Manufacturer \| \| Retailer \| \| Leasing \| \| Wholesaler \| \| Works Contractor \| \| \| \| \| \| \| Exporter \| \| Other, please specify \| \| \| \| \| \| \| \| --- \| --- \| \| 10. \| Details of outgoing and incoming partners/directors/Karts/Trustees/Members of the governing body/authorised signatory : \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| Incoming \| \| Outgoing \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| 1. \| Full Name \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| 2. \| Father's/Husband's Name \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| 3. \| Age \| {\| \| \| \| \| \| 4. Status \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| 11. \| Change in Particulars of the proprietor/partners/directors/Karta/Trustees/Members of the governing body/authorised signatory : \| \| \| (A) Particulars :- \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| 1. \| Full Name \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| 2. \| Father's/Husband's Name \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| 3. \| Age \| {\| \| \| \| \| \| 4. Status \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| 5. extent of interest % \| \| \| \| \| \| --- \| --- \| --- \| \| \| \| \| \|} \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| 6. \| Permanent address \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| 7. \| Telephone No. \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| 8. PAN (if any) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| \| 9. \| Details (including address) of all immovable property owned by or in which the person has interest/joint interest \| \| \| \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| \| 10. \| Name and Address of witness \| \| \| \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| Signature \| \| Signature of witness \| \| \| \| \| \| --- \| --- \| \| \| (B) Particulars of Changes in interest in any other business(es) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| 1. \| Name of other business \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| 2. \| Complete Address of other business \| \|- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| 3. \| R.C. No. \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| 4. CST No. \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| 5. \| Nature of interest in the business \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| 6. extent of interest \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| 12. \| Change in surety \| \| \| \| \| \| --- \| --- \| --- \| \| \| Name and RC No. (TIN) of existing surety which is withdrawn \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Name and RC No. of new surety given \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| 13. \| Change in Bank Details \| \| \| \| \| \| --- \| --- \| --- \| \| \| Name of banks & Branch (Closed A/c) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Account No. (Closed A/c) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Name of Bank & Branch (New A/c) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Account No. (New A/c) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| 14. \| Any other change(s) \| \| \| \| \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| VERIFICATION I certify that the above information and its attachments (if any) is true and correct to the best of my knowledge and belief and nothing has been concealed. Instructions : ### 1. Please read the instructions carefully. ### 2. All the entries should be filled in capital letters. ### 3. Tick √ applicable in option boxes. ### 4. The application should be filed in duplicate. ### 5. This form should be verified and signed by : (a) Proprietor, in case of Proprietorship concern; (b) Managing Partner, in case of Partnership firm where there is no managing partner, by all the partners if there is no registered partnership deed and in case of a registered partnership deed by any one of them; (c) Managing Director or authorized signatory, in case of Company; (d) Karta, in case of Hindu Undivided Family; and (e) Authorized Signatory, in all other cases. ### 6. Enclose supporting documents. ### 7. Enclose original copy of Registration Certificate which is required to be amended. FORM VAT-06 [See Rule 16(1) ] Application for Issuance of Branch Certificate \| \| \| \| \| --- \| --- \| --- \| \| \| Registration No. (TIN) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Dealer \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 2. \| Principal Place of Business \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 3. \| Name & Address of Branch(s) \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Full Name of Applicant: \| \| \| Status: \| VERIFICATION I certify that the information given in this form and its attachments (if any) is true and correct to the best of my knowledge and belief. \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Full Name of Applicant: \| \| \| Status: \| Instructions: ### 1. Please read the instructions carefully. ### 2. All the entries should be filled in capital letters. ### 3. The application should be filed in duplicate. ### 4. This Form should be verified and signed by : (a) Proprietor, in case of Proprietorship concern; (b) Every Partner, in case of Partnership firm; (c) Managing Director or authorized signatory, in case of a Company; (d) Karta, in case of Hindu Undivided Family; and (e) Authorized Signatory, in all other cases. [Form VAT-06A] [Inserted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] [See Rule 16(3) ] Application for closure of Business \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Registration No.(TIN) \| \| \| \| \| \| \| \| \| \| \| \| \| Name of Dealer \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| \| 1. \| Reason for closure of Business: Tick √ appropriate box \| \| \| (a) Discontinuation of Business \| \| \| (b) Transfer of Business \| \| \| (c) Ceased to be required to be registered and to pay tax \| \| \| (d) Any other reason (Please specify) \| \| 2. \| Date of closure of Business: \| \| 3. \| Detail of closing stock including capital goods, if any, on the date specified above: \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S. No. \| Type of Goods \| Value (In Rs.) \| Tax Suffered \| ITC claimed \| \| 1. \| Exempted Goods \| \| \| \| \| 2. \| MRP Goods \| \| \| \| \| 3. \| First Point Taxable Goods \| \| \| \| \| 4. \| Goods Taxable @ 1% \| \| \| \| \| 5. \| Goods Taxable @ 5% \| \| \| \| \| 6. \| Goods Taxable @ 14% \| \| \| \| \| 7. \| Goods Taxable @............% \| \| \| \| \| 8. \| Goods Taxable @...........% \| \| \| \| \| 9. \| Total \| \| \| \| \| \| \| --- \| \| 4. In case of Transfer of Business: \| \| Name of Transferee: \| \| \| Whether transferee holds Registration No. (TIN) or not \| \| If yes, TIN \| \| \| Place:Date: \| Signature:Name:Status: \| Verification I verify that the above information is true and correct to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| Place:Date: \| Signature:Name:Status: \| [Form VAT-06B] [Inserted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] [See Rule 17(3) ] Application for opting for payment of tax u/s 3(2) \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Registration No.(TIN) \| \| \| \| \| \| \| \| \| \| \| \| \| Name of Dealer \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| \| 1. \| Date of Opting for payment of tax u/s 3(2) : \| ### 2. Detail of closing stock, if any, on date of exercising option which has suffered tax in the State: \| \| \| \| \| --- \| --- \| --- \| \| S. No. \| Type of Goods \| Value (In Rs.) \| \| 1. \| Goods Taxable @ 1% \| \| \| 2. \| Goods Taxable @ 5% \| \| \| 3. \| Goods Taxable @ 14% \| \| \| 4. \| Goods Taxable @............% \| \| \| 5. \| Goods Taxable @...........% \| \| \| 6. \| Total \| \| ### 3. Balance of ITC at the date of exercising option: \| \| \| \| --- \| --- \| \| 4. Details of closing stock, if any on the date of exercising option, which has not suffered tax within the State: \| \| \| \| \| \| \| --- \| --- \| --- \| \| S. No. \| Type of Goods \| Value (In Rs.) \| \| 1. \| Goods Taxable @ 1% \| \| \| 2. \| Goods Taxable @ 5% \| \| \| 3. \| Goods Taxable @ 14% \| \| \| 4. \| Goods Taxable @............% \| \| \| 5. \| Goods Taxable @...........% \| \| \| 6. \| Total \| \| ### 5. Detail of tax deposited on the closing stock on the date of exercising option: \| \| \| \| \| --- \| --- \| --- \| \| Amount of tax deposited \| Date of deposit \| GRN/CIN \| \| \| \| \| \| \| \| \| --- \| --- \| \| Place:Date \| Signature:Name:Status: \| Verification I verify that the above information is true and correct to the best of my knowledge and belief and nothing has been concealed. I also verify that input tax availed on closing stock has been reversed by me and tax payable on the closing stock which has not suffered tax in the State has been deposited by me in the Government Treasury. \| \| \| \| --- \| --- \| \| Place:Date \| Signature:Name:Status: \| [Form VAT-06C] [Inserted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] [See Rule 17 (4) & (5)] Application for opting out from payment of tax u/s 3(2) \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Registration No.(TIN) \| \| \| \| \| \| \| \| \| \| \| \| \| Name of Dealer \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| \| 1. \| Date of Opting out of payment of tax u/s 3(2) \| \| 2. \| Reason for Opting out of payment of tax u/s 3(2) Tick √ appropriate box \| \| \| (a) Purchase of goods from out of Rajasthan \| \| \| (b) Sales of goods out of Rajasthan \| \| \| (c) Starts manufacturing \| \| \| (d) Exceed Turnover prescribed u/s 3(2) \| \| \| (e) Other \| \| 3. \| Detail of closing stock, if any, on the date specified above: \| \| \| \| \| \| --- \| --- \| --- \| \| S. No. \| Type of Goods \| Value (In Rs.) \| \| 1. \| Exempted Goods \| \| \| 2. \| MRP Goods \| \| \| 3. \| First Point Taxable Goods \| \| \| 4. \| Goods Taxable @ 1% \| \| \| 5. \| Goods Taxable @ 5% \| \| \| 6. \| Goods Taxable @ 14% \| \| \| 7. \| Goods Taxable @............% \| \| \| 8. \| Goods Taxable @...........% \| \| ### 4. Detail of Turnover and payment of tax in the current financial year up to the date of opting out of payment of tax u/s 3(2) : \| \| \| \| --- \| --- \| \| Turnover (In Rs.) \| Tax Deposited (In Rs.) \| \| \| \| \| \| \| \| --- \| --- \| \| Place:Date \| Signature:Name:Status: \| Verification I verify that the above information is true and correct to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| Place:Date \| Signature:Name:Status: \| [Form VAT-06D] [Inserted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] [See Rule .18 (10) ] Application for option to pay tax at full rate on the MRP \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Registration No.(TIN) \| \| \| \| \| \| \| \| \| \| \| \| \| Name of Dealer \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| \| 1.Date of Opting to pay tax at full rate on MRP \| ### 2. Goods for which option is sought to pay tax at full rate on MRP:- (i) Drugs and medicine as mentioned at S.No. 43 of Schedule IV. (ii) Dietary supplements including nutritional supplements, protein supplements and health foods. (iii) Toothpastes, soaps and creams as manufactured by pharmaceuticals industries under license issued under the Drugs and Cosmetics Act, 1940. (iv) Chemicals and fertilizers. (v) Others (Please specify) \| \| \| \| --- \| --- \| \| Place:Date \| Signature:Name:Status: \| Verification I verify that the above information is true and correct to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| Place:Date \| Signature:Name:Status: \| FORM VAT-07 [See Rule 18(1) (a), 19(3)(c) & 36] Purchase Register/Statement of Purchases against VAT invoices ### 1. Name of the Dealer ### 2. Registration No. (TIN) Part-I (For purchases of Goods within State other than Capital Goods) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sr. No. \| VAT Invoice No. \| Date of VAT Invoice \| Name of selling dealer \| Registration No. (TIN) of selling dealer \| [Name of Goods] [Inserted by Notification No. S.O. 439, dated 25.2.2008 (w.e.f. 31.3.2006).] \| [Schedule number along with S.No. of Goods] [Inserted by Notification No. S.O. 439, dated 25.2.2008 (w.e.f. 31.3.2006).] \| Purchase Value \| VAT Paid \| Gross amount of VAT Invoice \| \| 1 \| 2 \| 3 \| 4 \| 5 \| [5A] [Inserted by Notification No. S.O. 439, dated 25.2.2008 (w.e.f. 31.3.2006).] \| [5B] [Inserted by Notification No. S.O. 439, dated 25.2.2008 (w.e.f. 31.3.2006).] \| 6 \| 7 \| 8 \| \| \| \| \| \| \| \| \| \| \| \| Part-II (For Purchases of Capital Goods within the State) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sr. No. \| VAT Invoice No. \| Date of VAT Invoice \| Name of selling dealer \| Registration No. (TIN) of selling dealer \| [Name of Goods] [Inserted by Notification No. S.O. 439, dated 25.2.2008 (w.e.f. 31.3.2006).] \| [Schedule number along with S.No. of Goods] [Inserted by Notification No. S.O. 439, dated 25.2.2008 (w.e.f. 31.3.2006).] \| Purchase Value \| VAT Paid \| Gross amount of VAT Invoice \| \| 1 \| 2 \| 3 \| 4 \| 5 \| [5A] [Inserted by Notification No. S.O. 439, dated 25.2.2008 (w.e.f. 31.3.2006).] \| [5B] [Inserted by Notification No. S.O. 439, dated 25.2.2008 (w.e.f. 31.3.2006).] \| 6 \| 7 \| 8 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| \| Place: ............... \| Signature.......................... \| \| Date: ............... \| \| \| \| Name................................Status with Seal............... \| [Form VAT-07A] [Substituted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] [See Rules 19] [Summary statement of purchase made within State and outside the State] \| \| \| \| \| --- \| --- \| --- \| \| Registration No. (TIN) \| Year \| Period covered by this return \| \| \| \| From \| DD \| MM \| YY \| to \| DD \| MM \| YY \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| \| Full name of Dealer \| \| \| \| \| Address \| \| \| \| \| Mobile No. \| \| \| E-mail Address \| \| Part I -------- (Particular of purchases including capital goods made within the State against VAT invoice on which Input Tax Credit is allowed under Section 18 (1) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.No. \| TIN \| Name of the Selling Dealer \| Amount of purchases made during the period \| Amount of Tax paid or payable on such purchases \| \| \| \| \| \| \| Part II --------- (Particulars of purchases including capital goods made within the State against VAT invoice on which Input Tax Credit is not allowed under section 18) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.No. \| TIN \| Name of the Selling Dealer \| Amount of purchases made during the period \| Amount of Tax paid or payable on such purchases \| \| \| \| \| \| \| Part-III (Particulars of purchases made from outside the State) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.No. \| TIN \| Name of the Selling Dealer \| Amount of purchases made during the period \| Amount of Tax paid or payable on such purchases \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| \| Place:Date: \| Signature:Name:Status \| [FORM VAT-08 [Substituted by Notification No. S.O. 439, dated 25.2.2008 (w.e.f. 31.3.2006).] ] [See Rule 18(1) (b), 19)(3)(e) & 36] Sales Register ### 1. Name of the Dealer (Proprietor/Firm name/Company name etc.) ### 2. Registration No. (TIN) Part-I Sales within State to VAT dealers other than dealers under Section 3(2) and 5] \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S.No. \| Invoice No./VAT Invoice No. \| Date \| Name of Purchasing Dealer \| Registration No. (TIN) of purchaser, if any \| Name of Goods \| Schedule No. of Goods \| S.No. of Goods \| Exempted Sales \| Stock transfer to agent/branch (within State) \| Sales against Form VAT-15 \| Total \| \| Amount of Sale \| Amount of Tax \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| 10 \| 11 \| 12 \| 13 \| Part-II (Sales within State other than mentioned in Part-I) \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S.No. \| Invoice No./VAT Invoice No. \| Date \| Name of Purchasing Dealer \| Registration No. (TIN) of purchaser, if any \| Name of Goods \| Schedule No. of Goods \| S.No. of Goods \| Exempted Sales \| Stock transfer to agent/branch (within State) \| Sales against Form VAT-15 \| Total \| \| Amount of Sale \| Amount of Tax \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| 10 \| 11 \| 12 \| 13 \| Part-III [Sales other than within State] \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S. No. \| Invoice No./VAT Invoice No. \| Date \| Name of Purchasing Dealer \| Registration No. (TIN) of purchaser, if any \| Name of goods \| Schedule No. of Goods S. No. of Goods \| Gross amount of Invoice/Vat Invoice (Excluding VAT) \| Inter State Sales \| \| 3(a) of CST Act \| 3(b) of CST Act \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| 10 \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Export Sales \| Stock transfer/branch transfer/Depot transfer \| Exempted sales \| Taxable Sales \| Total \| \| 5(1) of CST Act \| 5(3) of CST Act \| Against Form C \| Tax \| Without Form C \| Tax \| \| 11 \| 12 \| 13 \| 14 \| 15 \| 16 \| 17 \| 18 \| 19 \| Note. - Calculate liability to pay Purchase Tax under Section 4(2) of the VAT Act, 2003. [Form VAT-08A] [Substituted by Notification No. G.S.R. 30, dated 9.10.2014 (w.e.f. 31.3.2006).] [See Rules 19] [Summary statement of sales against Vat invoice] \| \| \| \| \| --- \| --- \| --- \| \| 01 Registration No. (TIN) \| Year \| Period covered by this return \| \| \| \| From \| DD \| MM \| YY \| to \| DD \| MM \| YY \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| \| Full name of Dealer \| \| \| \| \| Address \| \| \| \| \| Mobile No. \| \| \| E-mail Address \| \| Part I -------- (Particular of sales made within the State against VAT invoice to registered dealers) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.No. \| TIN \| Name of the Purchasing Dealer \| Amount of sales made during the period \| Amount of Tax paid or payable on such sales \| \| \| \| \| \| \| Part II --------- (Particulars of sales made within the State against VAT invoice other than in Part-I) \| \| \| \| \| --- \| --- \| --- \| \| S.No. \| Amount of sales made during the period \| Amount of Tax paid or payable on such sales \| \| \| \| \| Part-III (Particulars of goods sold in the state on behalf of principal against Form VAT 36A)(to be filled in by the Commission Agent) \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Sr. No. \| S.No. of Form 36 \| Details of purchasing dealer \| Details of principal \| \| TIN \| Name \| Amount of sales made during the period \| Amount of Tax paid or payable on such sales \| TIN \| S.No. of Form 36A \| Discharge of tax liability by Principal (in Rs.) \| \| By claiming ITC, if applicable (in Rs.) \| By depositing tax amount (in Rs.) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| \| Place:Date: \| Signature:Name:Status \| [FORM VAT-09 [Deleted by Notification No. S.O. 439, dated 25.2.2008 (w.e.f. 31.3.2006).] ] \| \| \| --- \| \| [SeeRule 19(3) (e)] Statement of sales against VAT Invoices to VAT dealers other than dealers under Sections 3(2) & 5(1) 1. Name of the Dealer (Proprietor/Firm name/Company name etc.) 2. Registration No. (TIN) Amount (in Rs.) {\| \| \| S. No. \| VAT Invoice No. \| Date \| Name of Purchasing Dealer \| Registration No. (TIN) \| Gross amount of Invoice (excluding VAT) \| VAT 1% \| VAT 4% \| VAT 12.5% \| Taxable at other VAT Rates \| Total Tax \| \| Amount \| Tax \| Amount \| Tax \| Amount \| Tax \| Amount \| Tax \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| 10 \| 11 \| 12 \| 13 \| 14 \| 15 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| \| Place: ............... \| Signature.......................... \| \| Date: ............... \| Name................................Status with Seal............... \| \|} [FORM VAT-10] [Substituted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] [See Rule 19] Return \| \| \| \| --- \| --- \| \| A. \| General Information \| \| 1.1 \| Registration No.(TIN) : \| \| \| \| \| \| \| \| \| \| \| \| \| 1.2 \| Full Name of Dealer: \| \| \| 1.3 \| Address of principal place of business \| \| \| 1.4 \| Mobile No. Email ID \| \| \| 1.5 \| Return Period \| \| B. Turnover B1. Tax Liability ### 1. ### 1. Turnover under section 8(3) [Works Contract EC] \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sr. No. \| Name of Awarder \| TDN of Awarder \| Work Order No. \| Work Order Date \| Total Value Of Works contract \| EC No. \| EC Date \| EC Issuing Authority \| Amount Received From Awarder \| Rate Of EC Fee \| Amount Of EC Fee \| Ec Fee Deposit \| \| \| \| \| \| \| \| \| \| \| \| \| \| By Awarder \| By Contractor \| \| \| a1 \| a2 \| a3 \| a4 \| a5 \| a6 \| a7 \| a8 \| b \| c \| d \| e \| f \| \| 1.1.1 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| 1.1.2 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| 1.1 \| \| \| \| \| \| \| \| \| \| \| \| \| \| 1.2 Turnover under section 5(1) of RVAT Act (Composition Schemes) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.No. \| Name of Composition Scheme \| Gross Turnover for the return period under composition scheme \| Composition amount payable for the preceding year \| Composition amount payable for the return period \| \| \| a \| b \| c \| d \| \| 1.2.1 \| \| \| \| \| \| 1.2.2 \| \| \| \| \| \| 1.2 \| Total \| \| \| \| 1.3 Turnover under section 3(2) [in case opt out of section 3(2) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.No. \| Commodity \| Turnover \| Tax Rate \| Amount of tax \| \| \| a \| b \| c \| d (b\c)/100 \| \| 1.3 \| \| \| \| \| 1.4 Sale of goods taxable at MRP (First sale within the state) \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| S.No. \| Commodity \| Turnover \| Turnover at MRP \| Tax Rate \| Account of tax \| \| \| a \| b1 \| b2 \| c \| d(b2\c)/100 \| \| 1.4.1 \| \| \| \| \| \| \| 1.4.2 \| \| \| \| \| \| \| 1.4 \| Total \| \| \| \| \| 1.5 Taxable sales \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| S.No. \| Commodity \| Turnover \| Unit/Weight/Qty./Measu rement \| Tax/Rate/Rate on Unit/Weight/Qty./Measureme \| Account of tax \| \| \| a \| b \| c1 \| c2 \| d(b\c)/100 \| \| 1.5.1 \| \| \| \| \| \| \| 1.5.2 \| \| \| \| \| \| \| 1.5 \| Total \| \| \| \| \| 1.6 Sales return of taxable goods within State under Rule 22(l) (c) (other than return period) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.No. \| Commodity \| Turnover \| Tax Rate \| Account of tax \| \| a \| b \| c \| d \| (b\c)/100 \| \| 1.6.1 \| \| \| \| \| \| 1.6.2 \| \| \| \| \| \| 1.6 \| Total \| \| \| \| 1.7 Output Tax \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| S.No. \| Detail \| Turnover \| Amount of Tax \| \| \| a \| b(1.4+1.5-1.6) \| d(1.4+1.5-1.6) \| \| 1.7 \| \| \| \| \| 1.7 \| Output Tax Due: \| \| \| 1.8.1 Turnover under Rule 22 (2a) (for sub contractors) \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S.No. \| Name of Contractor (To whom the work is awarded) \| TIN of Contractor \| E.C. No. \| E.C. Issuing Authority \| Sub Contract Agreement No. & Date \| TDS deducted; If any \| Total Value of works contract \| Value of Sub Contract \| \| \| a1 \| a2 \| a3 \| a4 \| a5 \| a6 \| a7 \| b \| \| 1.8.1.1 \| \| \| \| \| \| \| \| \| \| 1.8.1 \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| \| S.N. \| Other Turnover not liable to be Taxed \| Turnover \| \| \| a \| b \| \| 1.8.2 \| Exempted in Schedule-I (sold within state) \| \| \| 1.8.3 \| Fully Exempted in Schedule-II u/s 8(3) of RVAT ACT \| \| \| 1.8.4 \| Sales made for promotion of SEZ or Exports u/s 8(4) of RVAT ACT \| \| \| 1.8.5 \| Sales of goods purchased & sold outside state \| \| \| 1.8.6 \| Turnover of goods taxable at first point which have already suffered tax \| \| \| 1.8.7 \| Turnover of goods sold in the state on behalf of principal (against Form VAT 36A) \| \| \| 1.8.8 \| Amount of deduct ions as provided in RVAT rules (in case of works Contracts) \| \| \| 1.8.9 \| Sales to Exporters within the state (against FormVAT-15) \| \| \| 1.8.10 \| Others not liable to tax under VAT (please specify) \| \| \| 1.8.11 \| Turnover of sales return of goods sold within the return period under RVAT \| \| \| 1.8 \| Total \| \| \| B1 \| Total Total Turnover b (1.1+1.2+1.3+1.4+1.5+1.8) \| \| B2. Purchase Tax \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| S.No. \| Commodity \| Turnover \| Details of Purchase Tax @ \| Tax Rate If Others \| Amount of tax \| \| \| a \| b \| c1 \| c2 \| d \| \| 1.1 \| \| \| \| \| \| \| 1.2 \| \| \| \| \| \| \| 1.3 \| \| \| \| \| \| \| B2 \| Total \| \| \| \| \| B3. Reverse Tax \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| S.No. \| Details of transactions \| Commodity \| Turnover \| Rate of Tax \| Amount of Tax \| \| \| a1 \| a2 \| b \| c \| d \| \| 1.1 \| Return of goods purchased (other than the return period) \| \| \| \| \| \| 1.2 \| Goods purchased for a purpose specified in section 18(l) (a) to (g) and disposed off otherwise including non-allowable proportionate ITC \| \| \| \| \| \| 1.3 \| In case of SOS (up to 4%) ------------ % \| \| \| \| \| \| 1.4 \| Stocks remained in case of switch over to option u/s3(2) [See Rule 17(3)] \| \| \| \| \| \| 1.5 \| In any other case (Please specify) \| \| \| \| \| \| B3 \| Total 1.2 to 1.5 \| \| \| \| \| B4.1.1 Input Tax & Details of Purchases \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.No. \| Commodity \| Purchase Value excluding VAT \| Tax Rate \| Input Tax \| \| \| a \| b \| c \| d \| \| 1.1.1 \| \| \| \| \| \| 1.1.2 \| \| \| \| \| \| 1.1.3 \| \| \| \| \| \| 1.1.4 \| \| \| \| \| \| 1.1.5 \| \| \| \| \| \| 1.1 \| Total \| \| \| \| \| 1.2 \| Purchases of Capital Goods \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.No. \| Commodity \| Purchase Value excluding VAT \| Tax Rate \| Input Tax \| \| 1.2.1 \| \| \| \| \| \| 1.2.2 \| \| \| \| \| \| 1.2 \| Total \| \| \| \| \| \| \| \| --- \| --- \| \| 1.3 \| Total (1.1 to 1.2) \| \| 1.4 \| ITC Claimed in 7A by the Dealer \| \| 1.5 \| Purchase return (Purchased within the return period) \| \| 1.6 \| Total eligible input tax credit (1.4 -1.5) \| \| 1.7 \| Amount of ITC Brought forward (From previous return) \| \| 1.8 \| Total Input Tax Credit Available (1.6 + 1.7) \| C. Turnover and Liability under CST 1.1 Tax Liability under CST \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.No. \| Details of Sales \| Commodity \| Turnover \| Amount of Tax \| \| \| a \| b \| c \| d \| \| 1.1.1 \| Inter-State sale against Form C @2% \| \| \| \| \| 1.1.2 \| Inter-State sale against Form C @% \| \| \| \| \| 1.1.3 \| Inter-State sale without Form C @% \| \| \| \| \| 1.1.4 \| Sales outside State Branch/Depot/Stock Transfer/Consignment Sale (without Form F@ %) \| \| \| \| \| 1.1.5 \| Subsequent Inter State sales u/s 6(2) of CST Act (without Form C/E 1/ E II) \| \| \| \| \| 1.1.6 \| Inter State sales under section 6(3) of CST Act (without Form J) \| \| \| \| \| 1.1.7 \| Inter State sales made to SEZ under section 8(6) of CST ACT (without Form I) \| \| \| \| \| 1.1.8 \| Other @ \| \| \| \| \| 1.1.9 \| Total (1.1.1 tol.1.9) \| \| \| \| \| 1.1.10 \| Sales return of taxable goods under section 8-A of CST ACT (other than return period) \| \| \| \| \| 1.1 \| Total CST (1.1.9-1.1.10) \| \| \| \| 1.2 Turnover not liable to tax under CST \| \| \| \| \| --- \| --- \| --- \| \| S.No \| Details of Sales \| Turnover \| \| 1.2.1 \| Sales in course of Export U/s 5(3) of CST ACT, (against Form H) \| \| \| 1.2.2 \| Sales in course of Export U/s 5(1) of CST ACT \| \| \| 1.2.3 \| Sales outside State/Branch/Depot/Stock Transfer/Consignment Sale (against Form F) \| \| \| 1.2.4 \| Subsequent Inter State sales u/s 6(2) of CST ACT (against Form C and EI/E II) \| \| \| 1.2.5 \| Inter State sales under section 6(3) of CST ACT (against Form J) \| \| \| 1.2.6 \| Inter State sales made to SEZ under section 8(6) of CST ACT (against Form I) \| \| \| 1.2.7 \| Exempted Sales under CST ACT \| \| \| 1.2.8 \| Other deductions, if any, (Please specify) \| \| \| 1.2 \| Total \| \| \| 1.3 \| Turnover of sales return of goods sold within the return period under CST \| \| \| C \| Total Turnover (1.1+ 1.2+1.3) \| \| D -Details of Tax due and Deposit of Tax, Interest and Late Fee ### 1. Tax Payable (Category of Payment) \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| Period \| Tax Type (VAT/CST) \| Tax Due \| \| 1.1 \| \| \| \| \| 1.2 \| \| \| \| \| \| Total \| \| \| ### 2. Details of Deposit-(VAT-37B, VAT-38, VAT-4KTDSC), VAT-25(RAO) etc.) \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Tax Period From \| Tax Period To \| Due Date \| Tax Type \| Tax Deposited \| Date Of Deposit \| Delay in Deposit \| Amount of Interest \| Date Of Deposit of Interest \| Mode of Deposit \| Description \| Remarks \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| Total \| \| \| \| \| \| \| \| \| \| \| \| ### 3. Detail of VAT-41/ T.D.S. Certificates \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S.No. \| Awarder Name \| VAT-41 No \| Contract Value \| Amount Received From Awarder \| TDS Amount \| Deposit Details \| \| Gross Amount of Challan/E-Challan \| Deposit Date \| \| \| \| \| \| \| \| \| \| ### 4. Details of Late Fee \| \| \| \| --- \| --- \| \| Due Date of filing of Return \| \| \| Date of submission of Return \| \| \| Amount of Late fee \| \| \| Date of Deposit of Late fee \| \| \| Mode of Deposit \| \| \| Description \| \| E. Tax Payable \| \| \| \| \| --- \| --- \| --- \| \| S.No. \| Total Tax Payable/Deferred \| Amount \| \| 1.1 \| Output Tax (B1-d1.7) \| \| \| 1.2 \| Tax collected as per sales invoice \| \| \| 1.3 \| Output tax (maximum of 1.1 and 1.2) \| \| \| 1.4 \| Purchase tax (B2) \| \| \| 1.5 \| Reverse Tax (B3) \| \| \| 1.6 \| Others, If any, (Specify) \| \| \| 1.7 \| Total Tax (1.3 to 1.6) \| \| \| 1.8 \| Total input tax credit available (B4.1.8) \| \| \| 1.9 \| Net Tax Payable (1.7 -1.8) \| \| \| 1.10 \| Tax Deferred in Percent (under VAT) \| \| \| 1.11 \| Tax Deferred (under VAT) \| \| \| 1.12 \| Amount Payable (+)/Creditable (1.9 - 1.11) \| \| \| 1.13 \| Exemption Fee (in case of works contract)(B1.ld) \| \| \| 1.14 \| Composition Fee (B1.1.2 d) \| \| \| 1.15 \| Tax Payable on Turnover under section 3(2) [in case opt out of section 3(2) ] (Bl.1.3 d) \| \| \| 1.16 \| Total Amount Payable(+)/Creditable (-)(1.12+1.13+1.14+1.15) \| \| \| 1.17 \| Amount Deposited Under VAT \| \| \| 1.18 \| Amount Payable (+)/Creditable (-) (1.14 - 1.15) \| \| \| 1.19 \| Tax due under CST ACT (C-l.l) \| \| \| 1.20 \| Tax Collected as per sales invoice \| \| \| 1.21 \| Maximum of 1.20 and \| \| \| 1.22 \| Tax Deferred in percent (Under CST) \| \| \| 1.23 \| Tax Deferred (Under CST) \| \| \| 1.24 \| Set off of Entry Tax paid (Only in case of CST for commodity like paper, Dyes and dyes stuff, Textile auxiliaries, Edible oil notified under section 8 (5) of CST ACT) \| \| \| 1.25 \| CST to be deposited \| \| \| 1.26 \| Creditable ITC to be adjusted \| \| \| 1.27 \| CST payable (1.27- 1.28) \| \| \| 1.28 \| Amount Deposited Under CST \| \| \| 1.29 \| Net Tax payable/creditable (1.29 - 1.30 ) \| \| \| 1.30 \| Refund claimed (if any) \| \| \| 1.31 \| ITC to be carried forward for next quarter \| \| [Form Vat-10A] [Substituted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] [See Rule 19] Annual Return Part A -------- ### 1. General Information \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 1.1 \| Name of the dealer \| \| \| \| 1.2 \| Address (of the principal place of business) with Fax, E-mail etc. \| \| \| \| 1.3 \| Mobile number \| \| \| \| 1.4 \| Registration No. (TIN) \| \| \| \| 1.5 \| Status of the dealer [such as proprietary/partnership/company/others - specify \| \| \| \| 1.6 \| Details of amendment made in registration certificate during the year, if any. \| \| \| \| 1.7 \| Period under return (Financial Year) \| \| \| \| 1.8 \| Nature of business : trader/manufacturer/importer/exporter/works contractor/lessor/ other (please specify) \| \| \| \| 1.9 \| List of books of accounts maintained (in case books of accounts maintained in computer system, mention the books of accounts generated by such system) \| \| \| \| 1.10 \| Particulars of (operating) Bank Accounts \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Name of Bank \| Branch \| Account No. \| IFSC of the Branch \| \| \| \| \| \| \| \| \| \| --- \| --- \| \| 1.11 \| Account of statutory forms obtained from the Department \| \| Name of Form \| Opening Balance \| Obtained \| Total \| Used \| Cancelled \| Lost \| Balance \| Amount (in Rs.) for which forms utilized \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| \| 1.12 \| Details of surveys conducted (other than R.C. enquiry), if any: \| \| Authority who conducted survey \| Date of survey \| Results of survey \| \| \| \| \| Part B – 2. Trading account ----------------------------- \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Details \| Amount \| Details \| Amount \| \| A. Opening Stock (i) Exempted goods (ii) MRP goods (iii) First point taxable goods (iv) Goods taxable @ 1% (v) Goods taxable @ 5% (vi) Goods taxable @ 14% (vii) Goods taxable @ —% (viii) Goods taxable @ —% (ix) Work in progress Total of opening stock B. Purchases made within state (i) Exempted goods (ii) MRP goods (iii) First point taxable goods (iv) Goods taxable @ 1% (v) Goods taxable @ 5% (vi) Goods taxable @ 14% (vii) Goods taxable @ —% (viii) Goods taxable @ -% (ix) Work in progress C. Purchases made from outside the State (i) Exempted goods (ii) MRP goods (iii) First point taxable goods (iv) Goods taxable @ 1% (v) Goods taxable @ 5% (vi) Goods taxable @ 14% (vii) Goods taxable @ —% (viii) Goods taxable @ —% (ix) Work in progress Total purchases Less Purchase Discount, if any Less: Purchase Return, if any. Net Purchases D. Expenses (i) Direct Expenses (ii) Manufacturing expenses (iii) Others E. Gross profit Total \| \| A. Sales (i) Sales under CST Act (ii) Sales under RVAT (iii) Sales Return Net Sales B. Closing stock (i) Exempted goods (ii) MRP goods (iii) First point taxable goods (iv) Goods taxable @ 1% (v) Goods taxable @ 5% (vi) Goods taxable @ 14% (vii) Goods taxable @ --% (viii) Goods taxable @ —% (ix) Work in progress Total of closing stock C. Gross loss Total \| \| ### 3. Statement of goods received for sale on consignment/ stock transfer/depot transfer from outside the State \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Commodity \| Opening Balance \| Received during the year \| Total \| Sold during the year \| Disposed otherwise \| Balance \| \| \| Quantity \| Value \| Quantity \| Vale \| Quantity \| Value \| Quantity \| Value \| Quantity \| Value \| Quantity \| Value \| ### 4. Details of raw material and finished goods (in case of manufacturer) \| \| \| \| --- \| --- \| \| Raw material \| Finished goods \| \| Details \| Quantity \| Value \| Details \| Quantity \| Value \| \| Opening balance \| \| \| Opening balance \| \| \| \| Purchase during the year \| \| \| Manufactured during the year \| \| \| \| Total \| \| \| Total \| \| \| \| Consumed in manufacturing \| \| \| Sold during the year \| \| \| \| Under process \| \| \| \| \| \| \| Disposed otherwise (please specified details) \| \| \| Disposed otherwise (please specified details) \| \| \| \| Wastage in process \| \| \| \| \| \| \| Balance \| \| \| Balance \| \| \| Part C – 5. Other information ------------------------------- ### 5. ### 1. Whether all declarations for all sales claimed at concessional rates as required under the RVAT Act and Rules received, if not, give details: \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| S.No. \| Period (Month/Quarter/Year, as applicable) \| Name of purchasing dealer \| Amount \| \| \| \| \| \| 5.2 Whether all declarations in Form VAT 36A for sales of goods received from principal required under the RVAT Act and Rules received, if not, give details: \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.No. \| Name of principal, address with TIN \| Commodity \| Total sales \| Output tax \| \| \| \| \| \| \| ### 5. [3 Whether all declarations for all sales claimed at concessional rates as required under the CST Act and Rules received, if not, give details [Substituted by Notification No. G.S.R. 32, dated 14.7.2016 (w.e.f. 31.3.2006).] \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.No. \| Period (Month/Quarter/Year, as applicable) \| Name of form (C, F, EI, EII, H, I, J) \| Name of purchasing dealer \| Amount \| \| \| \| \| \| ] \| Part D – 6. Sales return register ----------------------------------- \| \| \| \| \| --- \| --- \| --- \| \| S. No. \| Details of sales out of which sales returns is made \| Details of sales returns \| \| \| Vat invoice no. \| Date \| To whom issued \| Name of goods \| Amount \| Tax \| Goods returned by document/challan No. \| Date \| Amount \| Declaration I, .................. do solemnly declare that to the best of my knowledge and belief the information given on this form is true and correct. \| \| \| \| --- \| --- \| \| Dated \| Name Signature and Status \| [FORM VAT-11] [Substituted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] [See Rule 19] Return \| \| \| \| --- \| --- \| \| A. \| General Information \| \| 1.1 \| Registration No.(TIN) : \| \| \| \| \| \| \| \| \| \| \| \| \| 1.2 \| Full Name of Dealer: \| \| \| 1.3 \| Address of principal place of business \| \| \| 1.4 \| Mobile No. Email ID \| \| \| 1.5 \| Return Period \| \| B. Turnover ### 1. ### 1. Turnover under section 8(3) [Works Contract EC] \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sr. No. \| Name of Awarder \| TDN of Awarder \| Work Order No. \| Work Order Date \| Total Value Of Works contract \| EC No. \| EC Date \| EC Issuing Authority \| Amount Received From Awarder \| Rate Of EC Fee \| Amount Of EC Fee \| Ec Fee Deposit \| \| \| \| \| \| \| \| \| \| \| \| \| \| By Awarder \| By Contractor \| \| \| a1 \| a2 \| a3 \| a4 \| a5 \| a6 \| a7 \| a8 \| b \| c \| d \| e \| f \| \| 1.1.1 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| 1.1.2 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| 1.1 \| \| \| \| \| \| \| \| \| \| \| \| \| \| 1.2 Turnover under section 5(1) of RVAT Act (Composition Schemes) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.No. \| Name of Composition Scheme \| Gross Turnover for the return period under composition scheme \| Composition amount payable for the preceding year \| Composition amount payable for the return period \| \| \| a \| b \| c \| d \| \| 1.2.1 \| \| \| \| \| \| 1.2.2 \| \| \| \| \| \| 1.2 \| Total \| \| \| \| 1.3 Taxable sales by dealers who have opted for payment of tax under section 3(2) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.No. \| Commodity \| Turnover \| Tax Rate \| Amount of tax \| \| \| a \| b \| c \| d (b\c)/100 \| \| 1.3 \| \| \| \| \| 1.4 Sale of goods taxable at MRP (which has suffered Tax at first point) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.No. \| Turnover of goods on which tax is paid at MRP \| Tax paid at MRP \| Reimbursement of tax \| Balance \| \| \| b \| d1 \| d2 \| e \| \| 1.4.1 \| \| \| \| \| \| 1.4.2 \| \| \| \| \| \| 1.4 \| Total \| \| \| \| 1.5 Turnover under Rule 22(2a) (for sub contractors) \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sr. No. \| Name Of Contractor (To whom the work is awarded) \| TIN of Contractor \| E.C. No \| E.C Issuing Authority \| Sub Contract Agreement No. & Date \| TDS deducted; If any \| Total Value of Works contract \| Value of Sub Contract \| \| \| a1 \| a2 \| a3 \| a4 \| a5 \| a6 \| a7 \| d \| \| 1.5.1 \| \| \| \| \| \| \| \| \| \| 1.5 \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| \| S.No. \| Details of Sales \| Turnover \| \| 1.6 \| Exempted in Schedule-I (sold within State) \| \| \| 1.7 \| Turnover of goods taxable at first point which have already suffered tax \| \| \| 1.8 \| Turnover of allowable sales return \| \| \| B \| Total \| b(1.1+1.2+1.3+1.5+1.6+1.7-1.8) \| C. Detail of Tax Liability and deposit. 1.1 Tax Liability \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| S.No. \| Detail \| Taxable Turnover \| Amount of Tax \| \| 1.1 \| a \| b(1.1.+1.2+1.3) \| d(1.1.+1.2+1.3) \| \| 1.2 \| Tax Payable: \| \| \| 1.2 Tax Payable (Category of Payment) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.No. \| Period \| Tax Payable \| Interest Payable \| Total \| \| 1.2.1 \| \| \| \| \| \| 1.2.2 \| \| \| \| \| \| 1.2.3 \| \| \| \| \| \| 1.2.4 \| \| \| \| \| \| \| Total \| \| \| \| 1.3 Details of Deposit-(VAT-37B, VAT-38, VAT-41(TDSC) , VAT-25(RAO) etc.) \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Tax Period \| Due Date \| Tax Deposited \| Date of deposit \| Delay in deposit \| Amount of interest \| Date of deposit of interest \| Mode of Deposit \| Description \| \| From \| To \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| Total \| \| \| \| \| \| \| \| \| \| 1.4 Detail of VAT-41/ T.D.S. Certificates \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S.No. \| Awarder name \| VAT-41 No \| Contract value \| Amount received from awarder \| TDS amount \| Deposit details \| \| \| \| \| \| \| \| Gross amount of challan/e-challan \| Deposit \| \| \| \| \| \| \| \| \| \| 1.5 Details of Late Fee \| \| \| \| --- \| --- \| \| Due Date of filing of Return \| \| \| Date of submission of Return \| \| \| Amount of Late fee \| \| \| Date of Deposit of Late fee \| \| \| Mode of Deposit \| \| \| Description \| \| D. Other Information. 1.1 Trading Account of the return period \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Description \| Amount (in Rs.) \| Description \| Amount (in Rs.) \| \| Opening Balance \| \| Sales \| \| \| PurchasesLess: (i) Purchase return(ii) Purchase discount \| \| Closing Stock \| \| \| Expenses \| \| Gross loss \| \| \| Gross profit \| \| \| \| \| Total \| \| Total \| \| 1.2 Account of statutory forms obtained from the Department \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Form \| Opening Balance \| Obtained \| Total \| Used \| Cancelled \| Lost \| Balance \| Amount (in Rs.) for which forms are utilized \| \| A \| B \| C \| D \| E \| F \| G \| H \| I \| \| \| \| \| \| \| \| \| \| \| [FORM VAT-12 [Deleted 'FORM VAT-12' by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] \\\] \| \| \| --- \| \| [SeeRule 19(3) (g)] Sales Return Register {\| \| \| S. No. \| Details of sales out of which sales return is made \| Details of sales return \| \| VAT Invoice No. \| Date \| To Whom issued \| Name of Goods \| Amount \| Tax \| Goods returned by Document/ Challan No. \| Date \| Amount \| Tax \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| \|} [FORM VAT-13 \\\] [Deleted by Notification No. S.O. 110, dated 8.7.2009 (w.e.f. 31.3.2006).] \| \| \| --- \| \| [FORM VAT-13] [As amended by Notification No. F. 12(28) FD/Tax/2007/14, dated 9-3-2007, published in Rajasthan Gazette, Extraordinary, part IV-C(I), dated 9-3-2007, page 451.] [SeeRule 19(5) ] Information of Branch Turnover {\| \| \| \| Registration No. (TIN) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Dealer \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| 1-A. \| Period to which the information relates: From.... to.... \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 2. \| Principal Place of Business \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| 3. \| Address of additional places of business in respect of which this intimation is given \| \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| 4. \| Detail of turnover of above referred additional place of business: \| \| \| \| --- \| \| Amount in Rs. \| \| Gross Turnover \| \| Total Deductions \| \| Net Taxable Turnover \| \| Turnover liable to purchase tax \| \| Turnover liable to reverse tax \| \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Full Name: \| \| \| Status: \| VERIFICATION I verify that the above information and enclosures (if any) is true and correct to the best of my knowledge and belief. \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Full Name: \| \| \| Status: \| \|} FORM VAT-14 [See Rules 20(1) & 49] Notice \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of the Dealer/Person \| ................................ \| \| 2. \| Registration No. (TIN) (if any) \| ................................ \| \| 3. \| Address of principal place of business \| \| \| \| Building No./Name/Area \| ................................ \| \| \| Area/Road \| ................................ \| \| \| Locality/Market \| ................................ \| \| \| Pin Code \| ................................ \| \| \| E-mail Id \| ................................ \| \| \| Telephone Number(s) \| ................................ \| \| \| Fax Number(s) \| ................................ \| \| 4. \| (A) You are directed to submit: \| \| (1) The return related to the period..............in Form VAT-10/VAT-11 (2) The trading account for the period..................................... (3) Books of accounts for the period from....................to............... (4) The Declaration on forms in the support of sales made during the period from ...................... to............. (5) The proof of deposit of Tax for the period from................ to ........... (6) Audit report as required under Section 73 of the Act read with Rule 36(6) of Rules (7) Copy of Form VAT-07, VAT-09, VAT-12, VAT-48, VAT-50 proof of export sales, account of declaration forms for the period from.......... to....... (8) Details of works contracts awarded during the period from............to............ (9) Details of Tax deducted for the period from...........to........... (10) .................................................................................. (11) ................................................................................ (12) .......................................................................... & so on So as to reach the office of the undersigned on or before................. (B) Whereas, your personal attendance is required to adduce evidence under the Act regarding........ (Mention that subject matter in brief), you are hereby summoned to appear in person before me on...... At....... Hours, in the office of undersigned and not to depart hence until permitted by me. Please take notice that failure to furnish the above required information/documents or non appearance, without sufficient cause, will render you liable to penalty under Section 64 of the Rajasthan VAT Act, 2003. Given under my hand and seal, this....... Day of......., 20.... \| \| \| \| \| --- \| --- \| --- \| \| Seal \| Signature \| ............................. \| \| Name \| ............................. \| \| Designation \| ............................. \| \| Place \| ............................. \| [FORM VAT-15] [Substituted by Notification No. F.12(63) FD/Tax/2005-8, dated 11-9-2006, published in Rajasthan Gazette, Extraordinary, part IV-C(I), dated 13-9-2006, page 69(1).] [See rule 21(1) Declaration of Purchases within the State for Export \| \| \| \| --- \| --- \| \| Form No. ............. \| (Seal of the issuing Authority) \| \| Date of issue \| \| ### 1. COUNTER FOIL (To be retained by the exporter) ### 2. ORIGINAL (To be produced to the assessing authority) ### 3. DUPLICATE (To be retained by the selling dealer) Name and complete address of the exporter............................................................................................................... ............................................................................................................................................................................................ \| \| \| \| --- \| --- \| \| Registration No. (TIN) \| (i) Rajasthan Value Added Tax Act, 2003........... \| \| \| (ii) CST Act 1956.................................................... \| To, ............................... ............................... ............................... (Name and complete address of the seller) \| \| \| \| --- \| --- \| \| Registration No. (TIN) \| (i) Rajasthan Value Added Tax Act, 2003........... \| \| \| (ii) CST Act 1956.................................................... \| Certificate - I It is Certified that the goods, the particulars whereof have been specified in items (1) and (2) of the Schedule below, supplied by you in pursuance of our purchase Order No............. dated ............... as per your VAT invoice no........... dated......... for Rs. (in words) ..................... Rs. (in figures) ................... have been sold by me/us in the course of export out of the territory of India, as per details given in items (3) to (6) of the said Schedule, and that the said goods were purchased from you by me/us after, and for the purpose of complying with, the agreement or Order No................. dated................... for or in relation to such Export. Certificate - II It is further certified that non-liability to tax under the Rajasthan Value Added Tax Act, 2003 or under the Central Sales Tax Act, 1956 in respect of goods referred to in Certificate-I has not been claimed by any other person and that no other certificate for such non-liability has been issued to any other person in India in respect of these goods. Certificate - III It is further also certified that in case the goods covered by this certificate are re-imported into India by me/us after their export, I/We undertake to inform the Assessing authority or any other officer authorised by the Commissioner or the person to whom this certificate has been supplied, about the fact of such re-import within a period of one month from the date of re-import of the said goods into India. The Schedule A - Particulars of Goods (1) Description of goods....................................................................................... (2) Quantity of goods............................................................................................. B - Details regarding Export \| \| \| \| \| --- \| --- \| --- \| \| (3) \| Name of airport, seaport or land customs station through which the goods have been exported. \| ................................... \| \| (4) \| Name of the airlines/ ship/ railway/ goods vehicle or other means of transport through which the export has taken place. \| ................................... \| \| (5) \| Number and date of air consignment note/ bill of lading/ railway receipt or goods vehicle or postal receipt or any other document in proof or export of goods across the customs frontier of India (certified copy of such air consignment note/bill of lading/ railway receipt/ goods vehicle record/ postal receipt/ other document to be enclosed.) \| ................................... \| \| (6) \| Description, quantity/weight and value of the of the goods exported under the document referred to in item (5) above. \| ................................... \| \| \| \| \| --- \| --- \| \| Place .............. \| \| \| Date................ \| Signature............. \| \| \| (Name of person signing the declaration)(Status of the person signing the declaration) \| VERIFICATION The above declaration is true to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| Place .............. \| \| \| Date................ \| Signature............. \| \| \| (Name of person signing the declaration)(Status of the person signing the declaration) \| [FORM VAT-16 [Deleted 'FORM VAT-16' by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] \\\] \| \| \| --- \| \| [SeeRule 21(3) ] Application for obtaining declaration forms {\| \| \| To,............................ \| Registration No. (TIN) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Dealer \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 2. \| Address \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 3. \| Name of Declaration from required \| \| {\| \| \| \| \| \| \| \| \| \| \|- \| 4. \| No. of books required containing 25 declaration forms each \| \| \| \| \| --- \| --- \| \| \| \| \|- \| 5. \| Details of challan/receipt \| Deposit date \| DD/MM/YYYY \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| In support of deposit of request fee \| Amount \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| \| \| \| \|} Declaration I/We declare that my/our Registration Certificate mentioned above is in force and has not been cancelled by this date. I/We further declare that- (a) I/We have properly used the declaration forms issued to me/us in the past (List be enclosed); (b) I/We have no demand outstanding to be payable by me/us; (c) I/We have submitted my/our all due returns along with necessary enclosures; (d) I/We have deposited the due tax till date; and (e) I/We have furnished necessary security as demanded by the assessing authority. I/We authorise Shri...................... my/our authorised representative, whose signature is attested below, to receive the said forms on my/our behalf. \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| VERIFICATION I verify that the information given in this form and its attachments (if any) is true and correct to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| Instructions: ### 1. Please read the instructions carefully. ### 2. All the entries should be filled in capital letters. ### 3. Tick √ applicable in option boxes. ### 4. Enclose proof of payment of requisite fees. ### 5. This Form should be verified and signed by: a. Proprietor, in case of Proprietorship concern; b. Managing Partner, in case of Partnership firm and where there is no Managing Partner, by any other Partner; c. Managing Director or authorised signatory, in case of a Company; d. Karta, in case of Hindu Undivided Family; e. Authorised Signatory, in all other cases; and f. Or by the declared Business Manager. \|} [VAT-16A [Inserted by Notification No. G.S.R. 60, dated 25.6.2008 (w.e.f. 31.3.2006).] ] [See Rule 53(7) & 54(7)] Application for obtaining declaration forms VAT-47 & VAT-49 To, ...................................... ...................................... \| \| \| \| \| --- \| --- \| --- \| \| 1 \| Name of Dealer \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Registration No. (TIN) \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| 2 \| Address \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| Bldg. \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| No./Name/Area Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| Pin Code \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \|- \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| Fax No \| \| \| \| \| \|- \| 4 \| Name of declaration from required \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \|- \| 5 \| No. Of books required containing 25 declaration from each \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| \| \| \| \|- \| 6 \| Details of Challan/Deposit Amount/Date DD/MM/YYYY receipt in support ofdeposit of requisite fee \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| 7 \| Date of filing of last due return(enclose copy of acknowledgement) \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| DD/MM/YYYY \| \| \| \| \| \| \| \| \| \| \|} Declaration I/We declare that my/our Registration Certificate mentioned above is in force and has not been cancelled by this date. I/We further declare that. (a) I/We have properly used the declaration forms issued to me/us in the past (List be enclosed); (b) I/We have no demand outstanding to be payable by me/us; (c) I/We have submitted my/our all due returns along with necessary enclosures; (d) I/We have deposited the due tax till date; and (e) I/We have furnished necessary security as demanded by the assessing authority. I/We authorise Shri ........................... my/our authorised representative, whose signature is attested below, to receive the said forms on, my/our behalf. \| \| \| \| --- \| --- \| \| Place \| SignatureName:Status \| Verification I verify that the information given in this form and its attachments (if any) is true and correct to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| PlaceDate: \| SignatureName:Status \| Instruction: ### 1. Please read the instructions carefully. ### 2. All the entries should be filled in capital letters. ### 3. Tick √ applicable in option boxes. ### 4. Enclose proof of payment of requisite fees. ### 5. This Form should be verified and signed by : a. Proprietor, in case of Proprietorship concern b. Managing Partner, in case of Partnership firm and where there is no Managing Partner, by any other Partner c. Managing Director, or authorized signatory, in case of a Company d. Karta, in case of Hindu Undivided Family e. Authorised Signatory, in all other cases f. Or by the declared Business Manager FORM VAT 17 [See Rule 24] Notice for Payment of Demand Registration No. (TIN) ..................... ### 1. Name of Dealer/Person ### 2. Address Bldg. No/Name/Area Town/City District(State) Pin code Email Id Take notice that you have been assessed to tax/a penalty has been imposed on you/an interest has been charged on you/an exemption or composition fee is payable by you, amounting to Rs........................... (in words)..................... in connection with the tax assessment or other order for the period ................... Rs................(in words also) already deposited by you have been adjusted. Rs................(in words also)....................claimed by you as deposited and sup- ported by receipts but not verified, shall be adjusted after verification to be made by this office. The outstanding amount of Rs..................... shall be paid by you in the Treasury or the Bank authorised to receive money on behalf of the State Government by the ................... day of.......... year...................... /within thirty days from the service of this notice. Please note that if the amount is paid within the said time, it shall be recoverable as arrears of land revenue and you shall be exposed to all modes of recovery provided in the Act and further you shall also be liable for to prosecution under the Act. Seal Enclosure: Date: Signature of Authority with seal FORM VAT-18 [See Rule 25] Application for Stay of Recovery of Demand \| \| \| \| \| --- \| --- \| --- \| \| To,......................... \| Registration No. (TIN) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Dealer/Person \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 2. \| Address \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 3. \| Date of order being appealed against(Please enclose Attested Copy of the order) \| (DD/MM/YYYY) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 4. \| Details of service of the order \| (DD/MM/YYYY) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 5. \| Section, under which order passed \| \| ................................... \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 6. \| Disputed total amount Rs. ............ \| \| {\| \| \| Tax..................... \| Interest....................... \| \| Penalty............... \| Others......................... \| \|} \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 7. \| Date of filing of appeal \| (DD/MM/YYYY) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 8. \| Whether amount as required u/S. 82(3) is deposited \| Yes \| \| \| No \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| if yes, then give details \| \| ................................... \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 9. \| Amount for which stay is requested Rs. \| \| ................................... \| \| \| \| \| --- \| --- \| \| 10. \| Reasons for stay of recovery of the disputed amount \| \| \| \| \| --- \| --- \| \| \| 1.2.3. \| \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| VERIFICATION I verify that the information given in this form and its enclosures (if any) is true and correct to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| Instructions: ### 1. Please read the instructions carefully. ### 2. All the entries should be filled in capital letters. ### 3. Tick √ applicable in option boxes. ### 4. Enclose proof of payment of undisputed demand. ### 5. Enclose proof of filing of appeal. ### 6. Enclose proof of deposit under Section 82(3) ### 7. This Form should be verified and signed by: a. Proprietor, in case of Proprietorship concern; b. Managing Partner, in case of Partnership firm and where there is no Managing Partner, by all the partners if there is no registered partnership deed and in case of a registered partnership deed by any of a registered partnership deed by any one of them; c. Managing Director or authorised signatory, in case of a Company; d. Karta, in case of Hindu Undivided Family; and e. Authorised Signatory, in all other cases. ### 8. Enclose additional sheet(s) in case you are not able to provide all details in this space provided. ### 9. Enclose all documents/evidence that you want to be considered regarding your application. FORM VAT-19 [See Rule 26(1) ] Application for Grant of Instalments \| \| \| \| \| --- \| --- \| --- \| \| To,.................................................. \| Registration No. (TIN) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Dealer \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 2. \| Address \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 3. \| Section, under which order passed \| \| .......................................................... \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 4. \| Period to which the order relates \| \| .......................................................... \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 5. \| Demand created \| \| .......................................................... \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 6. \| Demand deposited \| \| .......................................................... \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 7. \| Balance Demand \| \| .......................................................... \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 8. \| Period and No. of Instalments requested \| \| .......................................................... \| \| \| \| \| \| --- \| --- \| --- \| \| 9. \| Grounds for instalments \| \| \| \| \| \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| VERIFICATION I verify that the information given in this form and its enclosures (if any) is true and correct to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| Instructions: ### 1. Please read the instructions carefully. ### 2. All the entries should be filled in capital letters. ### 3. Tick √ applicable in option boxes. ### 4. Please ensure that the form is complete Affix Court fee stamp. ### 5. Enclose proof of demand deposited. ### 6. Enclose Attested copy of the order and notice of demand. ### 7. Enclose additional sheet(s) if required. ### 8. Enclose all documents that you want to be considered regarding your application. ### 9. This Form should be verified and signed by: a. Proprietor, in case of Proprietorship concern; b. Managing Partner, in case of Partnership firm and where there is no Managing Partner, by all the partners if there is no registered, Partnership deed and in case of a registered partnership deed by any one of them; c. Managing Director or authorised signatory, in case of a Company; d. Karta, in case of Hindu Undivided Family; e. Authorised Signatory, in all other cases, or f. Business Manager. [FORM VAT-20] [As amended by Notification No. F. 12(28) FD/Tax/2007/14, dated 9-3-2007, published in Rajasthan Gazette, Extraordinary, part IV-C(I), dated 9-3-2007, page 451.] [See Rule 27(1) (a)] Application for Refund \| \| \| \| \| --- \| --- \| --- \| \| \| Registration No. (TIN) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Dealer \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 2. \| Address \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 3. \| Amount of refund claimed and reason(s) thereof. \| \| .......................................................... \| \| \| (a) Result of an assessment order - \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| (i) Period \| From \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| To \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| (ii) Date of order \| \| DD/MM/YYYY \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| \| (b) As a result of order of competent officer/authority/Court - \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| (i) Name of Authority \| \| \| \| \| \| \| (ii) Date of order \| \| DD/MM/YYYY \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| VERIFICATION I verify that the information given in this form and its enclosures (if any) is true and correct to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| Instructions: ### 1. Please read the instructions carefully. ### 2. All the entries should be filled in capital letters. ### 3. Tick √ applicable in option boxes. ### 4. Please ensure that the form is complete in all respects. ### 5. Enclose copy of order of competent officer/authority/court, in case refund is claimed in above. ### 6. This Form should be verified and signed by: a. Proprietor, in case of Proprietorship concern; b. Managing Partner, in case of Partnership firm and where there is no Managing Partner, by all the partners if there is no registered partnership deed and in case of a registered partnership deed by any one of them; c. Managing Director or authorised signatory, in case of a Company; d. Karta, in case of Hindu Undivided Family; and e. Authorised Signatory, in all other cases. [FORM VAT-20AA] [Inserted by Notification No. G.S.R. 8, dated 24.5.2016 (w.e.f. 31.3.2006).] [See Rule 28(1) ] Application for Claim of Refund in case of wrong deposition or excess deposition of any amount For the quarter: Form ...................................... to ....................................... To Authorized Officer \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Dealer \| \| \| 2. \| TIN, if any \| \| \| 3. \| Address \| \| \| 4. \| Detail of Amount excess deposited/wrongly deposited \| Amount to be Deposited \| Amount actually deposited \| CIN/GRN \| Date of deposit \| \| \| \| \| \| \| 5. \| Detail of Bank \| \| \| \| 5.1 Name of the Bank in which refund is sought \| \| \| \| 5.2 Name of the Branch \| \| \| \| 5.3 Account No. \| \| \| \| 5.4 Account Type \| \| \| \| 5.5 IFSC of the Branch \| \| \| \| 5.6 Whether the branch has CBS arrangement \| Yes \| No \| \| 6. \| Date of filing of return in Form Vat-10, if application \| \| \| 7. \| Net tax payable as per Vat and CST Act for the Quarter (as per return) \| \| \| 8. \| Total amount of tax deposited for the quarter \| \| \| 9. \| Amount of excess deposit \| \| Declaration I/We ....................................... Proprietor/Partner/director/Karta/Business Manager of M/S ....................... declare that the facts stated above is true to the best of my knowledge and belief no other application for refund has been filed. FORM VAT-21 [See Rule 28(1) &(2)] Application for Refund by Exporters \| \| \| \| \| --- \| --- \| --- \| \| \| Registration No. (TIN) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Dealer \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 2. \| Address \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 3. \| Type of export \| {\| \| \| \| \| Under Section 5(1) of the CST Act, 1956 \|- \| \| \| \| \| \| --- \| \| \| \| Under Section 5(3) of the CST Act, 1956 \|} \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 4. \| Period for which refund is claimed \| From \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| To \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 5. \| Amount of refund claimed (Rs.) \| \| .......................................................... \| \| \| \| \| --- \| --- \| \| 6. \| Details of purchases of goods for which refund is claimed : \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S. No. \| Goods purchased from \| Reg. No. (TIN) \| VAT Invoice No. \| Date \| Description of goods \| Quantity \| Value (Rs.) \| Tax paid (Rs.) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| \| 7. \| Details of the sale deemed in the course of export under Section 5(1) \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S. No. \| VAT Invoice No. \| Date \| Goods Exported to (Name of the country) \| Description of goods \| Quantity \| Value (Rs.) \| Give Details as per Rule 28(2) (b) \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| \| 8. \| Details of the sale deemed in the course of export under Section 5(3) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S. No. \| VAT Invoice No. \| Date \| Goods sold To \| Reg. No. (TIN) \| Description of goods \| Quantity \| Value (Rs.) \| Give Details as per Rule 28(2) (b) \| \| \| \| \| \| \| \| \| \| \| Declaration I declare that I have not taken credit of input tax on purchases for which I have claimed refund and that I have reversed credit of input tax, claimed earlier. \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| Undertaking I......................... S/o..................... resident of...................... (Status) .......... of M/s..................do hereby solemnly affirm on oath that, in case of re-import of the above goods, I will communicate within a period of one month from the date of re-import indo India of such goods, to the assessing authority or any other officer authorized by the Commissioner in this behalf and shall repay, forthwith, the amount of refund granted to me on this account along with interest. Deponent VERIFICATION I verify that the above information and its enclosures (if any) are true and correct to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| Instructions: ### 1. Please read the instructions carefully. ### 2. All the entries should be filled in capital letters. ### 3. Tick √ applicable in option boxes. ### 4. The application should be filed in duplicate. ### 5. Enclose the following:- a. Attested copy of declaration form VAT-15 or Form-H in case of exports under Section 5(3) of CST Act; b. Certified copy of air consignment note/bill of lading/railway receipt or goods vehicle or postal receipt or any other documents in proof of export of goods across the customs frontier of India; duly authenticated by Customs Department; c. Duplicate copy of Sale Invoice; d. Certified copy(ies) of purchase invoice on the basis of which refund of ITC is claimed; e. Undertaking in prescribed form; and f. Certificate from a Chartered Accountant regarding purchase and sale of goods and correctness of claim of refund (in Form VAT-26). ### 6. This Form should be verified and signed by: a. Proprietor, in case of Proprietorship concern; b. Managing Partner, in case of Partnership firm and where there is no Managing Partner, by all the partners if there is no registered partnership deed and in case of registered partnership deed by any one of them; c. Managing Director or authorised signatory, in case of a Company; d. Karta, in case of Hindu Undivided Family; e. Authorised Signatory, in all other cases, or f. by the declared Business Manager. FORM VAT-22 [See Rule 29(1) ] Application for Refund by a person or undersigned dealer To ..................... \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Dealer/Person \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 2. \| Address \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 3. \| Amount of refund claimed (Rs.) \| \| .......................................................... \| \| 4. \| Result(s) for refund \| \| .......................................................... \| \| \| (a) Result of an order passed (give details) - \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| (i) Period \| From \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| To \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| (ii) Date of order \| \| DD/MM/YYYY \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| \| (b) As a result of order of competent officer/authority/Court. (give details) - \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| (i) Name of Authority \| \| \| \| \| \| \| (ii) Date of order \| \| DD/MM/YYYY \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| VERIFICATION I certify that the above information and its enclosures (if any) are true and correct to the best of my knowledge and belief and nothing has been concealed \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| Instructions: ### 1. Please read the instructions carefully. ### 2. All the entries should be filled in capital letters. ### 3. Tick √ applicable in option boxes. ### 4. Please ensure that the form is complete, ### 5. This Form should be verified and signed by: a. Proprietor, in case of Proprietorship concern; b. Managing Partner, in case of Partnership firm and where there is no Managing Partner, by all the partners if there is no registered partnership deed and in case of a registered partnership deed by any one of them; c. Managing Director or authorised signatory, in case of a Company; d. Karta, in case of Hindu Undivided Family; and e. Authorised Signatory, in all other cases. ### 6. Enclose original copies of VAT invoices. ### 7. Enclose copy of contract (in case of contractors). ### 8. Wherever applicable, attach copy of documents (in support that you are not liable to tax). FORM VAT-23 [See Rules 27(1) & 28(e)] Refund Order \| \| \| \| \| --- \| --- \| --- \| \| Foil-I \| Foil-II \| Foil-III \| \| VATRefund Order. \| VATRefund Order. \| VATRefund advice of Payment. \| \| Book No. ..................Serial No. ................XII A VAT...............Deduct RefundPayable to ..................... \| Book No. ..................Serial No. ................XII A VAT deduct RefundOrder For Refund of Sales Tax. \| Book No. ..................Serial No. ................Date of issue...................Amount of refund................. (in figures)................ (in words) \| \| Name of DealerAddressRegistration No. (TIN) .........Assessment period........Date of order directing refund......Valid upto.........Amount of refund..............Serial Number of the assessee in demand and collectionRegister showing Collection ofamount regarding which refund is made ..............................Amount which is to be refunded had been credited vide Treasury/Bank vide challan No. ........... Date........Initial of the Assistant Commissioner/ Commercial taxes Officer/ Assistant Commercial Taxes officer. \| Name of DealerRegistration No. (TIN) .........Valid upto...... only.Payable at ..........1. Certified that with reference to the assessment record bearing G.I.R. No. ..................... Registration Certificate No. ................ a refund of Rs. .......... is due to..........................2. Certified that the tax penalty, or interest concerning which the refund is given has been credited in Bank/Treasury vide Challan No. ...... dated..........3. Certified that no refund order regarding the sum now in question had previously been granted and this order of refund has been entered in the original in file of assessment under my signature, Please pay to...................on account of the above refund, the sum of Rs. ................ (Figures) Rs. .............. (in Words) \| Name of DealerRegistration No. (TIN) .........Paid at........................Signature & Designation of Paying AuthorityNo. ........date......Checked and returned to the Assistant Commissioner/ Commercial taxes Officer/ Assistant Commercial Taxes officer......................................The amount has been adjusted in Treasury under VAT Deduct Refunds.Seal of Treasury orBank. \| \| Signature of recipient.Paid on (date) SignatureDesignation \| Signature and the seal of the A.C./ C.T.O./ A.C.T.O. Received payment(Claimant's signature)examined. \| Signature of Treasury Officer/Manager of the Bank. \| \| (to be attested by the Asstt. Commr./ C.T.O./ A.C.T.O. after advice of payment is received from their Bank/ Treasury.)Entered in Demand & Collection Registers Refund Register videItem No.............Dated............... Asstt. Commr./ C.T.O./ A.C.T.O. \| \| \| \| \| \| \| --- \| --- \| \| Form VAT-24 \| Form VAT-24 \| \| [SeeRule 27(1) (a)]ADVICE OF REFUND OF VAT XII - A VAT Deduct : Refund \| [SeeRule 27(1) (a)]ADVICE OF REFUND OF VAT XII - A VAT Deduct : Refund \| \| Book No......... Serial No...... \| Book No......... Serial No...... \| \| To. \| To, \| \| The Treasury Officer/Manager...................Name of Dealer.........................................Address...................................................................................................................................................................................... \| The Treasury Officer/Manager...................Name of Dealer.........................................Address...................................................................................................................................................................................... \| \| (Name of Bank/Treasury) \| (Name of Bank/Treasury) \| \| This is the first advice on...........Treasury/Bank in continuation ofAdvice No. ........... dated.............. \| This is the first advice on...........Treasury/Bank in continuation ofAdvice No. ........... dated.............. \| \| Particulars of VAT Refund Order. \| Particulars of VAT Refund Order. \| \| Book No. ......... Dated................... Voucher No. ..................... Valid upto ..................... Refund payable to............... Order issued by me on ............... Amount of Refund............ Assessment Record bearing G.I.R. No. ............ Registration No. (TIN) ....................... Assessment Year ........ Date............. \| Book No. ......... Dated................... Voucher No. ..................... Valid upto ..................... Refund payable to............... Order issued by me on ............... Amount of Refund............ Assessment Record bearing G.I.R. No. ............ Registration No. (TIN) ....................... Assessment Year ........ Date............. \| \| Asstt. Commissioner/C.T.O./A.C.T.O./Circle................... Ward................. \| Asstt. Commissioner/C.T.O./A.C.T.O./Circle................... Ward................. \| FORM VAT-25 [See Rules 27(1) (b) 7 28(3)] Refund Adjustment Order \| \| \| \| --- \| --- \| \| Book No. ........................XII-A VAT Deduct Refund \| Voucher No. ..................... \| \| 1. \| Name of Dealer (proprietor/Firm name/Company name etc.) \| ................................................ \| \| 2. \| Trade Name(s) (if any) (in which the business is carried \| ................................................ \| \| 3. \| Registration No. (TIN) \| ................................................ \| \| 4. \| Address Building No./Name/Area \| ................................................ \| \| \| Town/City \| ................................................ \| \| \| District (State) \| ................................................ \| \| \| Pin Code \| ................................................ \| \| \| E-mail id \| ................................................ \| \| \| Telephone Number(s) \| ................................................ \| \| \| Fax Number(s) \| ................................................ \| \| 5. \| Period of refund \| ................................................ \| \| 6. \| Amount of refund to be adjusted \| \| \| \| in figures \| ................................................ \| \| \| In words \| ................................................ \| \| 7. \| Certified that no refund order regarding the sum in question has previously been granted and this order of refund has been entered on the original assessment order and the demand and collection register. \| \| 8. \| Certified that the tax, penalty or interest concerning which this refund is allowed has been credited into the Treasury/Bank.......... under challan No......................dated............ \| \| 9. \| This refund will be adjusted towards the amount of VAT/CST/Other dues from the said dealer for the period from......... to......... or any subsequent month/quarter/year in the future. \| \| \| \| \| --- \| --- \| \| Seal \| Signature \| \| Name \| \| Designation \| Place : ........................ Date : ......................... Note. - The dealer shall enclose this Order with the return to be furnished by him for the month/quarter/year against which the adjustment is desired. FORM VAT-26 [See Rules 28(1) (e) & 28(2)] Certificate of Chartered Accountant I/We hereby confirm that I/We have examined the relevant records of........................... M/s....................... having Registration No. (TIN) .................. for the period from.......................... to........................ and hereby certify that (i) the above dealer has made the following export sales under Section 5(1)/5(3) of CST Act, 1956: (Rs.) \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| S. No. \| Period \| Good Exported \| Value as per invoices \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| (ii) The following documents have been furnished by the applicant and have been examined and verified by me/us namely:- - Certified copy of air consignment note/bill of lading/railway, receipt or goods vehicle or postal receipt or any other documents in proof of export of goods across the customs frontier of India; duly authenticated by the Customs Department of the Government of India; - Duplicate copy of sale invoices; - Certified copy(ies) of VAT invoices on the basis of which refund of input tax is being claimed; - Proof of payment received or copy of letter of credit. (iii) The relevant registers have been authenticated under my/our seal/signature. (iv) The information given in the above document(s) have/has been incorporated in the books of accounts maintained by the exporter. (v) It has been ensured that the information furnished is true and correct in all respect; no part of it is false or misleading and no relevant information has been concealed or withheld. (vi) Neither I, nor any of my partners/director is a partner, director, or an employee of the above-named entity or its associated concerns. (vii) I/We fully understand that any statement made in this, certificate, If proved incorrect or false, will render me/us liable for any penal or other consequences as may be prescribed in law or otherwise warranted. [Part C: To be filled in case the application for refund is filed in Form VAt-20AA] [Inserted by Notification No. G.S.R. 8, dated 24.5.2016 (w.e.f. 31.3.2006).] I/We hereby confirm that I/We have examined the relevant records of M/S having registration No. (TIN) ............ for the period from .......... to .............. and hereby certify that (i) the dealer has deposited the amount of Rs. ............... in excess of the amount payable/wrongly deposited by him for the quarter from ............ to ................. as per the books of accounts of the dealer; (ii) it has been ensured that information furnished is true and correct in all respect, no part of it is false or misleading and no relevant information has been concealed or withed; (iii) neither I nor any of my partners/directors is a partner, director or an employee of the above named entity or its associated concerns; and (iv) I/We fully understand that any statement made in this certificate, if proved incorrect or false, will render me/us liable for any penal or other consequences as may be prescribed in law or otherwise warranted. \| \| \| \| --- \| --- \| \| \| (Signature and Stamp/Seal of the Signatory) \| \| \| (Chartered Accountant)Name of the Signatory: \| \| Place:Date: \| Membership No. : \| FORM VAT-27 [See Rule 30(1) ] \| \| \| \| \| --- \| --- \| --- \| \| For office use onlyAppeal No. ..................Date of filing............... \| \| Space forCourt FeeStamp \| Memorandum for Appeal to Appellate Authority APPEAL under Section 82 of RAJASTHAN VAT ACT, 2003 Against Order dated........ passed by........... To ..................... ..................... \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Dealer \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 2. \| Address \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| 3. \| Date of service of order appealed against \| \| DD/MM/YYYY \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 4. \| Section, under which order passed \| \| .......................................................... \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 5. \| Period to which dispute relates \| From \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| To \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| 6. \| Relief claimed in appeal - \| \| \| (a) Total liability including tax, interest and penalty \| \| \| \| \| Determined by the authority \| Rs. \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Admitted by the authority \| Rs. \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Disputed by the authority \| Rs. \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| (b) if turnover is disputed \| \| \|- \| \| Disputed turnover \| Rs. \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Tax due on disputed turnover \| Rs. \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| (c) If rate of tax is disputed \| \| \|- \| \| Turnover \| Rs. \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Amount of tax disputed \| Rs. \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| (d) If order of penalty/interest is disputed \| \| ....................................... \|- \| \| Section under which penalty/interest is disputed \| \| \|- \| \| Amount of penalty in dispute \| Rs. \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Amount of interest in dispute \| Rs. \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| 7. \| Any other Relief claimed ................................................................ \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| 8. \| Whether the admitted liability has been paid? \| \| Yes \| \| No \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| 9. \| Whether complied with the provisions of Section 82(3) ? \| \| Yes \| \| No \| \| \| \| \| --- \| --- \| \| 10. \| Grounds of appeal ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ \| \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| VERIFICATION I/We......................................do verify that the above information and its enclosures (if any) is true and correct to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| Instructions: ### 1. Please read the instructions carefully, ### 2. All the entries should be filled in capital letters. ### 3. Tick √ applicable in option boxes. ### 4. The application should be filed in duplicate. ### 5. Affix Court Fee Stamp as prescribed. ### 6. Enclose proof of payment of admitted amount. ### 7. Enclose proof of payment required under Section 82(3) . ### 8. Enclose certified copy of the order appealed against. ### 9. In case of delay, enclose From VAT-28. ### 10. Enclose From VAT-18 for stay of recovery of demand. ### 11. This Form should be verified and signed by: a. Proprietor, in case of Proprietorship concern; b. Managing Partner, in case of Partnership firm and where there is no Managing Partner, by by all the partners if there is no registered partnership deed and in case of a registered partnership deed by any one of them; c. Managing Director or authorised signatory, in case of a Company; d. Karta, in case of Hindu Undivided Family; e. Authorised Signatory, in all other cases; and f. Business Manager. ### 12. Enclose additional sheet(s) in case you are not able to provide all details in the space provided. ### 13. Enclose all documents/evidence that you want to be considered in Appeal. FORM VAT-28 [See Rule 30(2) ] Application for Condonation of Delay To ..................... ..................... \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Dealer \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| 2. \| Date order being appealed against \| \| (DD/MM/YYYY) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| 3. \| Date of service of said order \| \| (DD/MM/YYYY) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 4. \| Mention delay \| .................................................................................................................. \| \| \| \| \| --- \| --- \| \| 5. \| Reason(s) for delay in filing the appeal ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... \| In view of the above circumstances, it is requested to condone the delay in filing of appeal. \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| VERIFICATION I verify that the information given in this form and its attachments (if any) is true and correct to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| Instructions : ### 1. Please read the instructions carefully. ### 2. All the entries should be filled in capital letters. ### 3. This Form should be verified and signed by: a. Proprietor, in case of Proprietorship concern; b. Managing Partner, in case of registered Partnership deed and where there is no Managing Partner, by all the partners if there is no registered partnership deed and in case of a registered partnership deed by any one of them; c. Managing Director or authorised signatory, in case of a Company; d. Karta, in case of Hindu Undivided Family; and e. Authorised Signatory, in all other cases. ### 4. Enclose additional sheet(s) in case you are not able to provide all details in this space provided. ### 5. Enclose all documents/evidence that you want to be considered. FORM VAT-29 [See Rule 31(1) ] Appeal to the Tax Board \| \| \| \| --- \| --- \| \| For office use onlyAppeal No. ..................Date of filing............... \| \| APPEAL UNDER Section 83 of RAJASTHAN VAT ACT, 2003 AGATNST ORDER DATED........................... PASSED BY......................................... APPELLANT....................RESPONDENT........................ \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Dealer \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 2. \| Address \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 3. \| Name of Respondent \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 4. \| Address \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| 5. \| Date of service of order appealed against \| \| DD/MM/YYYY \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 6. \| Section, under which order passed \| \| .......................................................... \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 7. \| Period to which dispute relates \| From \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| To \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| 8. \| Relief claimed in appeal - \| \| \| (a) Total liability including tax, interest and penalty \| \| \| \| \| Determined by the authority which has passed the order \| Rs. \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Admitted by the appellant \| Rs. \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Disputed by the appellant \| Rs. \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| (b) if turnover is disputed \| \| \|- \| \| Disputed turnover \| Rs. \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Tax due on disputed turnover \| Rs. \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| (c) If rate of tax is disputed \| \| \|- \| \| Turnover \| Rs. \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Amount of tax disputed \| Rs. \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| (d) If order of penalty/interest is disputed \| \| ....................................... \|- \| \| Section under which penalty/interest is disputed \| \| \|- \| \| Amount of penalty in dispute \| Rs. \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Amount of interest in dispute \| Rs. \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| (e) Any other relief claimed. \| \| \|} \| \| \| \| --- \| --- \| \| 9. \| Grounds of appeal ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ \| \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| VERIFICATION I/We....... do verify that the above information and its enclosures (if any) is true and correct to best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| Instructions: ### 1. Please read the instructions carefully. ### 2. All the entries should be filled in capital letters. ### 3. Tick √ applicable in option boxes. ### 4. The Appeal should be filed in triplicate. ### 5. Affix court fee stamp as prescribed. ### 6. Enclose certified copy of order against which appeal is being filed. ### 7. Enclose proof of payment of undisputed amount. ### 8. In case of delay, enclose Form VAT-28 for condonation of delay. ### 9. This Form should be verified and signed by: a. Proprietor, in case of Proprietorship concern; b. Managing Partner, in case of Partnership firm and where there is no Managing Partner, by all the partners if there is no registered partnership deed and in case of a registered partnership deed by any one of them; c. Managing Director or authorised signatory, in case of a Company; d. Karta, in case of Hindu Undivided Family; e. Authorised Signatory, in all other cases; and f. Business Manager. ### 10. Enclose additional sheet(s) in case you are not able to provide all details in the space provided. ### 11. Enclose all documents/evidence that you want to be considered in Appeal. FORM VAT-30 [See Rule 31(1) ] \| \| \| \| --- \| --- \| \| For office use onlyCross objection No. ..................Date of filing............... \| \| Memorandum for Cross-Objections to the Tax Board In appeal No. ........... of.......... 20........... Appellant/s.................. Respondent/s................. Ref.: MEMORANDUM OF CROSS-OBJECTIONS UNDER SUB-SECS. (4) & (5) OF Section 83 OF RAJASTHAN VAT ACT, 2003 To ..................... ..................... \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Dealer/Person \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| 2. \| Date of receipt of notice of the Tax Board \| \| DD/MM/YYYY \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 3. \| Period to which dispute relate \| From \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| To \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| 4. \| Relief claimed in the memorandum of cross objections- \| \| \| (a) if turnover is disputed \| \| \| \| \| Disputed turnover \| Rs. \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Tax due on disputed turnover \| Rs. \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| (b) If rate of tax is disputed \| \| \|- \| \| Turnover \| Rs. \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Amount of tax disputed \| Rs. \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| (c) If order of penalty/interest is disputed Section under which penalty/interest is disputed \| \| \|- \| \| Amount of penalty in dispute \| Rs. \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Amount of interest in dispute \| Rs. \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| (d) Any other relief claimed \| Rs. \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Amount of interest in dispute \| Rs. \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| 5. \| Summary of cross-objections ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ \| \| \| \| \| --- \| --- \| \| 6. \| Addresses to which notices may be sent to the Cross-Objector(s) and appellant(s) \| \| \| (i) Cross Objector ................................................... \| \| \| (ii) Appellant ................................................... \| \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Full Name: \| \| \| Status: \| VERIFICATION I verify that the above information and its enclosures (if any) is true and correct to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| Instructions: ### 1. Please read the instructions carefully. ### 2. All the entries should be filled in capital letters. ### 3. Tick √ applicable in option boxes. ### 4. The memorandum should be filed in triplicate. ### 5. This Form should be verified and signed by: a. Proprietor, in case of Proprietorship concern; b. Managing Partner, in case of Partnership firm and where there is no Managing Partner, by all the partners if there is no registered partnership deed and in case of a registered partnership deed by any one of them; c. Managing Director or authorised signatory, in case of a Company; d. Karta, in case of Hindu Undivided Family; and e. Authorised Signatory, in all other cases or by the declared Business Manager, ### 6. Enclose additional sheet(s) in case this space is not sufficient. ### 7. Enclose all documents/evidence that you want to be considered. ### 8. The No. and year of cross objection shall be filed in the office of the Tax Board. ### 9. The No. and year of the appeal as allotted by the Tax Board and appearing in the notice of appeal received by the respondent is to filled in by the Respondent. ### 10. Enclose original or certified copy along with two true copies of the order appealed against. \| \| \| \| --- \| --- \| \| FORM VAT-31[SeeRule 32]Application for Revision to the High Court underSection 84 of the Rajasthan VAT Act, 2003. \| Space for Courtfee stamps \| VAT REVISION NO. .......... DATED......... (to be filled in by the office of the Registrar General/ Registrar of the Rajasthan High Court) (PETITIONER) .................. VERSUS (RESPONDENT)............. To The Hon'ble Shri........................................ Chief Justice and his other companion Judges of the Hon'ble High Court of Judicature for Rajasthan at Jodhpur/Jaipur Bench. MAY IT PLEASE YOUR LORDSHIPS The petitioner respectfully submits the following: ### 1. That the appeal No. ....... of ...... 20...... in the matter of .........(Appellant) versus.......... (Respondent) has been decided by the........ Bench of the Tax Board on........ ### 2. The copy of order passed by the Tax Board under Section 83 of the Rajasthan VAT Act, 2003 was received by the petitioner on........... ### 3. That the brief facts of the case which are necessary and from which questions of law have been formulated are enclosed along with relevant copies of the order of the authorized officer or assessing authority dated......... relevant order of Dy. Commissioner (Appeals) dated.......... and the certified copy of the order of the Tax Board in question dated........ ### 4. That the following questions of law arise out of the said order of the Tax Board- a. b. ### 5. That the petitioner, therefore, prays under sub-secs. (1) /(2) of Section 84 that this application may be accepted and the questions mentioned in para 4 above or such questions as this Hon'ble Court thinks just and proper, may be decided. Humble Petitioner Name:........................ Status/Designation:.......... VERIFICATION I verify that the contents of para 1 to 5 above are true and correct to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| \| Signature \| \| \| Full Name of the person: \| \| Place:Date: \| Status/Designation: \| AFFIDAVIT IN SUPPORT OF REVISION APPLICATION I, .............................. S/o....................aged....................... years,........................ do hereby take oath (or solemnly affirm) and state as under:- ### 1. That I am well acquainted with the facts of the case and, therefore, am competent to swear this affidavit. ### 2. That I have carefully gone through the contents of this revision application. ### 3. That the contents of para 1 to 5 of the application are true and correct to the best of my knowledge and belief and nothing has been omitted or concealed. ### 4. That no such revision application has been filed in this Hon'ble High Court prior to the present application. \| \| \| \| --- \| --- \| \| \| Signature \| \| \| Full Name of the Deponent: \| \| Place:Date: \| Status/Designation: \| VERIFICATION I, the above named deponent do hereby verify that the contents of this affidavit from Para No. 1 to 4 are true and correct to the best of my knowledge and belief. Nothing has been concealed and no part of it is false. So help me God. Declared this on..................day of...........month, 20..... \| \| \| \| --- \| --- \| \| \| Signature \| \| \| Full Name of the Deponent: \| \| Place:Date: \| Status/Designation: \| AFFIDAVIT IN SUPPORT OF THE DOCUMENTS I...................................(name) son/daughter of...............age......... years,........... (ward office/range) do, hereby, take oath and state as under:- ### 1. That I am acquainted with the fact, circumstances and records of the case. Therefore, I am competent to swear this affidavit. ### 2. That the document from Annexure to are Photostat/typed copies of the original order prepared by mechanical process and the same are correct and true copies of the original document. \| \| \| \| --- \| --- \| \| \| Signature \| \| \| Full Name of the Deponent: \| \| Place:Date: \| Status/Designation: \| VERIFICATION I, the above named deponent to hereby verify that the contents of this affidavit from Para No. 1 to 2 are true and correct to the best of my knowledge and belief. Nothing has been concealed and no part of it is false. So help me God. Declared this on...............day of...........month, 20..... \| \| \| \| --- \| --- \| \| \| Signature \| \| \| Full Name of the Deponent: \| \| Place:Date: \| Status/Designation: \| FORM VAT-32 [See Rule 33(2) ] Application for Restoration of Appeal \| \| \| \| --- \| --- \| \| For office use onlyRestoration Application No. .........Date of filing............... \| \| \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Dealer/Person \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| 2. \| Date of order of dismissal in default \| \| (DD/MM/YYYY) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| 3. \| Date of service of said order \| \| (DD/MM/YYYY) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| 4. \| Reason(s) for non appearance on the date of hearing..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... \| \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| VERIFICATION I, verify that the information given in this form and its attachments enclosures (if any) is true and correct to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| Instructions: This Form should be verified and signed by: a. Proprietor, in case of Proprietorship concern; b. Managing Partner, in case of Partnership firm and where there is no Managing Partner, by any other Partner; c. Managing Director or authorised signatory, in case of a Company; d. Karta, in case of Hindu Undivided Family; and e. Authorised Signatory, in all other cases. FORM VAT-33 [See Rule 36(3) ] Stock Register of Raw Materials for manufacturers \| \| \| --- \| \| (Quantity/weight) \| \| S. No. \| Date \| Name of the Commodity \| Opening Balance \| Purchase/ Receipts \| Purchase Return \| Used in manufacturing/ processing \| Closing Balance \| \| \| \| \| \| \| \| \| \| FORM VAT-34 [See Rule 36(3) ] Stock Register of Finished Goods for manufacturers \| \| \| --- \| \| (Quantity/weight) \| \| S. No. \| Date \| Opening Balance \| Goods received through manufacturing \| Sales \| Sales Return \| Closing Return \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| \| FORM VAT-35 \| Original/Duplicate \| \| [SeeRule 37(1) ] \| \| \| Dispatch Note From Principal to Agent \| \| \| \| \| \| \| --- \| --- \| --- \| \| Serial Number..................... \| Registration No. (TIN) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Dealer \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 2. \| Address \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 3. \| (a) Name of Agent \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| (b) Registration No. (TIN) \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| (c) Address \| \|} \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| 4. \| Date of dispatch of goods by the principal \| \| (DD/MM/YYYY) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| 5. \| Description of the goods dispatched: (Enclose all challans with the dispatch note) \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Challan No. \| Challan date \| Name of commodity \| Quantity/ weight \| Estimated Value of goods \| \| \| \| \| --- \| --- \| \| 6. \| Details of the transporter carrying the goods \| \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Dealer \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 2. \| Address \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| VERIFICATION I verify that the information given on this form and in its enclosures is true and correct to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| [FORM VAT-36] [Substituted by amendment Notification No. F. 12(28) FD/Tax/2007/14, dated 9-3-2007, published in Rajasthan Gazette, Extraordinary, part IV-C(I), dated 9-3-2007, page 451.] Certificate of the Sales Proceeds by the Commission Agent to the Principal \| \| \| \| --- \| --- \| \| Serial No. .............. \| Counterfoil/Original/Duplicate \| \| \| \| --- \| \| Details of the Principal : \| \| 1. \| Name of the Dealer \| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| 2. \| Registration No. (TIN) \| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| 3. \| Address \| Building No./Name/Area \| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| \| \| Area/Road \| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| \| \| Locality/Market \| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| \| \| Pin Code \| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| \| \| E-mail Id \| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| \| \| Telephone Number(s) \| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| \| \| FAX Number(s) \| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| 4. \| Description of the goods sold by Agent: \| \| \| \| {\| \| \| Vat Invoice \| Name of the goods \| Good received vide Vat-35 \| Qt/No. of bags or packages \| Weight \| Rate \| Amount(Rs.) \| Expenses(Rs.) \| Vat \| \| No. \| Date \| No. \| Date \| \| \| \| \| \| \| \| \| \| \| \|- \| \| (1) Freight \|- \| \| (2) Gaushala \|- \| \| (3) Shifting Charges \|- \| \| (4) Weighing Charges \|- \| \| (5) Delivery Charges \|- \| \| (6) Labour Charges \|- \| \| (7) Cartage \|- \| \| (8) Other Charges \|- \| \| \| \| \| --- \| \| Total : \| \| Commission : \| \| Grand Total : \| \|} \| \| \| \| --- \| --- \| \| \| SIGNATURE \| \| \| Name:Status: \| \| PlaceDate \| \| VERIFICATION I/We verify that the information given in this form and on its attachment is true and correct to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| \| SIGNATURE \| \| \| Name:Status: \| \| PlaceDate \| \| [FORM VAT-36A] [Added by No. F. 12(28) FD/Tax/2007/149, dated 9-3-2007, Published in Rajasthan Gazette Extraordinary, Part IV-C(I), dated 9-3-2007, page 451] Certificate to be issued by the principal as a proof of deposit of tax to his agent [See rule 22 & 37] \| \| \| \| --- \| --- \| \| Serial No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| Counterfoil/Original/Duplicate \| \| 1. \| Name of the Dealer \| \| \| 2. \| Address \| \| \| \| Building No./Name/Area \| \| \| \| Town/city \| \| \| \| District (State) \| \| \| \| Pin Code \| Email id \| \| \| \| Telephone Number(s) \| Fax No. \| \| \| 3. \| (a) Name \| \| \| \| (b) Registration No. (TIN) \| \| \| \| (c) Address \| \| \| \| (d) Building No./Name Area \| \| \| \| (e) Town/City \| \| \| \| (f) District (State) \| \| \| \| (g) Pin Code \| Email id \| \| \| (h) Telephone Number(s) \| Fax No. \| \| 4. \| Description of the goods sold by commission agent: \| \| \| {\| \| \| S. No. \| S. No. of VAT-36 \| Date \| Sale proceeds(in Rs.) \| Accrual of tax liability(in Rs.) \| Discharge of tax liability (in rs.) \| Date & ledger folio n. \| \| By claiming ITC, if applicable (in Rs.) \| By depositing tax amount (in Rs.) \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| \| SIGNATURE \| \| \| Name:Status: \| VERIFICATION I/We verify that the sale proceeds shown in column no. 4 above have been recorded by me/us in our regular books of accounts and the tax liability accrued in the hands of commission agent has been discharged by me/us. \| \| \| \| --- \| --- \| \| \| SIGNATURE \| \| \| Name:Status: \| \| PlaceDate \| \| [\\\] [Deleted 'Form VAT- 37' by Notification No. S.O. 238, dated 6.3.2013.] \| \| \| --- \| \| FORM VAT-37 [SeeRule 39(1) ] Challan (For deposit of tax/demand/other sum)Government Of RajasthanCommercial Taxes Department {\| \| \| Circle: Ward No. Registration No. (TIN) Tax period from........ to.......... Name of assessee: Address: \| 0040 – VAT RECEIPTS 102 – Receipts under the VAT Act (a) 800 – Receipts under the VAT Act (b) ............................................................................ ............................................................................ ............................................................................ ............................................................................ \| \| (a) Payments under the VAT Act. (i) Advance payment of VAT (ii) Deposit of demand : (1) VAT (2) Penalty (3) Interest (4) Other sum Total (a) (ii) (iii) Other fee Please describe Total (a) = (i)+(ii)+(iii) \| \| \| (b) Other Payments (i) Fines/ Penalties and Interest (ii) Security (iii) Miscellaneous Payments (Please describe) Total (b) Grand Total (In Figures) Rupees.............. ............(in words) Rupees........................... Date............................... \| \| \| \| \| --- \| \| For use in Bank/Treasury only :- \| \| 1. Number of Challan \| \| 2. Number of entry in VAT Receipts Register \| \| 3. Date of entry in VAT receipts Register \| \| \| \| Please receive and grant receipt \| \| \| \| \| \| --- \| --- \| --- \| \| Bank/Treasury Stamp \| Bank/Treasury Accountant \| Bank Manager/Treasury/Sub-Treasury Officer \| This form is in Five Parts. PART I (to be retained in the Treasury); Part II (to be sent to the Accountant General); Part III (to be.sent to the treasury or authorized officer.); Part IV (to be given to the depositor for passing on to the assessing authority) and Part V (to be given to the depositor for retention by him); Original/Duplicate \| \| \| \| --- \| --- \| \| Seal of IssuingOfficer \| GOVERNMENT OF RAJASTHANCOMMERCIAL TAXES DEPARTMENT \| \|} [FORM VAT-37A [Inserted by Notification No. G.S.R. 74, dated 20.11.2007 (w.e.f. 31.3.2006).] ] e-Challan (For deposit of tax/demand/other sum) Government at Rajasthan Commercial Taxes Department \| \| \| \| --- \| --- \| \| Circle ; \| 0040-VAT Receipts \| \| Ward No.- \| 102- Receipts under the VAT Act (a) \| \| Registration No. \| 800-Receipts under the VAT Act (b) \| \| Tax period from …....................... to \| …............................................................................. \| \| Name of Assessee : \| …............................................................................. \| \| Address \| …............................................................................. …............................................................................. \| > \| \| \| \| --- \| --- \| \| (a) \| Payments under the VAT Act. \| \| (i) Advance Payment of VAT \| \| (ii) Deposit of demand: \| \| (1) VAT \| \| (2) Penalty \| \| (3) Interest \| \| (4) Other sum \| \| Total (a) (ii) \| \| (iii) Other fee \| \| Please \| \| describe \| \| \| Total (a) =(i) + (ii) + (iii) \| \| (b) \| Other Payment \| \| (i) Fines/Penalties and interest \| \| (ii) Security \| \| (iii) Miscellaneous Payments \| \| (Please describe) \| \| Total (b) \| \| \| Grand Total (In figure) \| \| Rupees ....................................... \| \| (In words) \| \| Rupees ....................................... \| > \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Challan \| Identification Number (CIN) \| BSR Code \| Date \| Challan No. \| \| \| \| --- \| \| Online Payment Though Internet Banking \| \| < Bank Name> \| \| <Collecting Branch Name> \| [FORM VAT-37B [Inserted by Notification No. G.S.R. 58, dated 25.8.2010 (w.e.f. 31.3.2006).] ] [See Rule 39] Challan for Adjustment through Treasury Part-I (Sanction order for subsidy) \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Name and address of the Enterprise \| TIN \| Entitlement Certificate Number and Date \| Period for which subsidy granted \| Amount of Tax on which subsidy has been calculated \| Amount of subsidy granted \| Period in which it would be adjusted \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| Part-II (Challan for adjustment) Challan No: \| \| \| \| \| --- \| --- \| --- \| \| 1 \| Name of the Department: \| Commercial Taxes Department \| \| 2 \| Name of the Office: \| \| \| 3 \| Designation of the Officer and Accepting details \| \| \| 4 \| Receipt Budget Head.- to which credit is to be given (Give minor/sub head and detailed head also if any) \| 0040fcdzh O;kikj bR;kfn ij dj 102jkT; fodz; dj vf/kfu;e ds v/khu izkfIr;ka (001) dj laxzg.k (i) dj dk vfxze lank; (1) fodz; \| \| 5 \| Expenditure Budget Head to which chargeable with minor/sub head and detailed head of A/c \| 2040fcdzh O;kikj bR;kfn ij dj 800vU; O;; (002) jktLFkku bUosLVesUV izeks'ku ikWfylh 12&vuqnku@vuqnku lgk;rk vk;kstu Plan(Plan) \| \| \| Total..................... \| \| Appropriation for the year ................................................................................ Expenditure up to date ................................................................................. Including this Bill No. Rs. .................................................................................. Balance available Rs. ................................................................................... Invoice No. and Amount Signature of Assistant Commissioner/Commercial Taxes Officer Seal with designation Certified that necessary transfer entry for Rs. .......................... has been passed in the account of .................................. Date ..................... after certifying the debit and credit budget head classification on appropriation. Treasury Officer Note. - This challan will have four copies, ### 1. copy shall be forwarded to AG, ### 2. One copy shall be retained by Treasury, ### 3. Two copies shall be forwarded to Concerned Assistant Commissioner/Commercial Taxes Officer. GOVERNMENT OF RAJASTHANCOMMERCIAL TAXES DEPARTMENT [FORM VAT-38] [Substituted by No. F. 12(63) FD/Tax/2005-8, dated 11-9-2006, Published in Rajasthan Gazette Extraordinary, Part IV-C(I), dated 13-9-2006, page 69(1)] [See Rule 39(4) , 41 & 45] Receipt for deposit of tax/demand/other sum \| \| \| \| --- \| --- \| \| Receipt No. ................. \| Dated\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| Received from\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Registration No. (TIN) n(if any)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ a sum of Rupees\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (in words) in cash on account of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Rs. (in figures) \| \| \| \| --- \| --- \| \| \| Signature \| \| \| Name:Designation: \| \| \| \| \| --- \| --- \| \| Seal of Issuing \| [FORM VAT-39][SeeRule 39(5) & 44]Receipt for cash deposit of tax/Amount in lieu of tax \| \| \| (To be issued by the Contractor) \| \| \| \| \| --- \| --- \| \| Receipt No. .................. \| Date : \| \| \| \| --- \| \| ORIGINAL for depositorDUPLICATE to be submitted to the DepartmentTRIPLICATE to be retained by the contractor \| \| \| \| Name of Contractor.............................................................................................................................................. Address:.............................................................................................................................................. .............................................................................................................................................. \| \| Name of specified Area/ Check Post:...................................................................................Commodities on which authorised to collect tax..................................................................Notification No.:...................................................................................................................Date:Period of Contract from.......................... to........................ \| \| \| \| --- \| \| Name of Tax collection Centre...................................................................................Name of Casual Trader/ Registered dealer/ Purchaser.................................................Description of Goods.................................................................................................Weight/Quantity/Value of the goods...........................................................................Type of vehicle (Truck/Trolla/Tractor Trolly/others)...................................................Registration No. of Vehicle........................................................................................Rate of Tax............/Per Ton/Per Item/ @ Percent (%)Amount of Tax /Composition Money/ Exemption Fee Rs. (In Figures)........................(In words)................................................................................................................. \| Signature of Contractoror Authorised representative FORM VAT 40] [Substituted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] [See Rule 40(1) ] Application for Allotment of Awarder Identification Certificate To Assessing Authority, Circle ........ Zone .......... ### 1. For dealers registered under the Rajasthan Value Added Tax Act, 2003 (a) TIN \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 0 \| 8 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| (b) Name of the dealer \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| ### 2. For person other than registered dealer under the Rajasthan Value Added Tax Act, 2003 (a) Name of person \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| (b) Designation \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| (c) Address \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| ### 3. For the Department of any Government, corporation, public undertaking, cooperative society, local body, statutory body, autonomous body. (a) Name of the Department/ corporation/public undertaking/ co-operative society/ local body/ statutory body/ autonomous body \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| (b) Name of the person authorized by the Department to act on behalf of Department \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| (c) Designation \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| (d) Address \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| Additional Information required to be furnished by all of the above. ### 1. PAN \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| ### 2. Email id \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| ### 3. Detail of Bank Account \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| S.No. \| Name of Bank \| Branch Address along with IFSC \| Bank Account Number \| Type of Account \| \| \| \| \| \| \| Verification I/We verify that the above information and its enclosures are true and correct to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| Place …...........Date …........................ \| SignatureName of Applicant (s) …Status with Seal \| [Form Vat-40A [Substituted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] ] [See Rule 40 (2) ] Awarder Identification Certificate \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Awarder Identification Number (AIN) \| \| \| \| \| \| \| \| \| \| \| \| \| \| This is to certify that ......................... (Name of the Dealer/ Person), ........ (Designation) of .................. (Name of firm/institution etc.), whose principal place of business is situated at ................... having TIN.............................. is responsible for making deduction of tax under the tax deduction number as allotted above. This certificate shall remain in force until cancelled. \| \| \| \| --- \| --- \| \| Place …...........Date …........................ \| SignatureNameDesignation \| [Form VAT-40B [Inserted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] ] [See Rule 40(3) ] Application for cancellation/issue of duplicate certificate/amendment of Awarder Identification Certificate \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Awarder Identification Number (AIN) \| \| \| \| \| \| \| \| \| \| \| \| \| \| I ...................... on behalf of......................... (Here state the name of registered dealer/Organization/Department) submit the application for following reasons √ which is applicable ### 1. For the cancellation of the Awarder Identification Certificate issued on .............. as we have ceased to be responsible for making deduction of tax. ### 2. For issue of duplicate copy of Awarder Identification Certificate as Original Awarder Identification Certificate is lost/ misplaced/ destroyed. ### 3. For any change that does not alter the basic status of dealer: ? Please mention the change below: ............................................................................... ................................................................................ ### 4. For change in the basic status of dealer: Please mention the change below: ................................................................ ................................................................ ### 5. For discontinuation of activity by awarder: \| \| \| \| --- \| --- \| \| Place …...........Date …........................ \| Signature (Authorized person) \| [FORM VAT-40C [Inserted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] ] [See Rule 40(7) ] Application for issuance of No Tax Deduction Certificate To, Assessing Authority, Circle.... Zone..... I ................., Status ................... of M/s ................. TIN.......................... submit the application for grant of No Tax Deduction Certificate for following contracts: \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| SNo. \| Date of the contract \| Nature and details of the contract \| Total value of the contract \| Date by which the contract is undertaken to be completed \| Remarks \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| \| Place …...........Date …........................ \| Signature(Authorized Person) \| Verification I verify that the above information is true and correct to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| Place …...........Date …........................ \| Signature …Name …Status … \| [Form VAt-40D [Inserted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] ] [See Rule 40 (7) ] No Tax Deduction Certificate \| \| \| \| --- \| --- \| \| Certificate No. ........................ \| Dated ................ \| This certificate is hereby granted to M/s ...................................... (Name of the Registered dealer) who carries on the business of works contract, and who is a Registered dealer holding a registration no. (TIN) ..................having his chief place of business and additional place of business at the address specified below: Chief place of business:.................................... Additional place of business:.............................. This certificate is issued for the works contract executed under agreement No. ........ dated ................... between M/s............and holder of this certificate. It is directed that person responsible to deduct tax from the amount payable to the contractor under section 20 shall not deduct any amount as tax for the contract specified above. \| \| \| \| \| --- \| --- \| --- \| \| Place ...........Date ........................ \| Seal \| Signature .................Name .....................Designation .................... \| [Form VAT-40E [Inserted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] ] [See Rule 40(8) ] Statement of works contracts and tax deducted to be furnished by the awarder To, \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of the Awarder \| \| \| 2. \| Awarder Identification No. \| \| \| 3. \| Address \| \| \| \| Bldg. No/ Name/Area \| \| \| \| Town/City \| \| \| \| District (State) \| \| \| \| Pin Code \| Email Id \| \| \| Mobile Numberfs) \| Fax No. \| \| 4. \| Period under return \| \| Part A – Information of works contract entered into ----------------------------------------------------- \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S. No. \| Date of the contract \| Nature and details of the contract \| Total value of the contract \| Name and address of the Contractor \| TIN of the Contractor \| Date by which the contract is undertaken to be completed \| Details of the goods to be supplied by the awarder under the contract and the value thereof \| \| \| \| \| \| \| \| \| \| Part B – Details of Tax deducted at source by awarder ------------------------------------------------------- \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S. No. \| Date of the contract \| Nature of the contract \| Gross value of the contract \| Bill No. & Date \| Amount of the bill \| Amount deducted at source \| Voucher No. and date of credit of payment to the contractor \| Gross amount of challan & date on which tax deducted at source was deposited to the account of the Commercial Taxes Department \| GRN/CIN \| Remarks \| \| \| \| \| \| \| \| \| \| \| \| \| Part C – Details of tax deposited by contractor, if any --------------------------------------------------------- \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| SNo. \| Date of the contract \| Nature of the contract \| Gross value of the contract \| Bill No. & Date \| Amount of the Bill \| Amount depoisted by contrator \| Date of deposition of tax by contractor \| GRN/CIN \| Remarks \| \| \| \| \| \| \| \| \| \| \| \| Part D – Details of No Tax Deduction Number Certificate submitted by contractor --------------------------------------------------------------------------------- \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| SNo. \| Date of the contract \| Nature of the contract \| Gross value of the contract \| Certificate No. of NTDN \| Date of Issue of NTDN \| Issuing Authority \| Remarks \| \| \| \| \| \| \| \| \| \| [FORM VAT 41] [Substituted by amending Notification No. F.12(63) FD/Tax/2055-8, dated 11-9-2006, published in Rajasthan Gazette Extraordinary, part IV-C(I), dated 13-9-2006, page 69(1).] [See Rule 40(2) ] Certificate of deduction at Source by Awarder \| \| \| \| --- \| --- \| \| \| Counterfoil (To be retained by the awarder)Original (To be issued to the contractor)Duplicate (To be furnished to the issuing authority) \| \| Form No. :\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Date of Issue: \| Seal of issuing authority \| To Name of the Contractor\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Registration No. (TIN) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Address\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ I,\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ working as or holding post of \_\_\_\_\_\_\_\_ hereby certify that a sum of Rs. (in words)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Rs. (in figures)\_\_\_\_\_\_\_\_\_\_\_\_@\_\_\_\_\_\_\_\_\_\_% in lieu of Value Added Tax has been deducted from Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (bill amount) payable to you/credited to your account through voucher number\_\_\_\_\_\_\_\_\_\_\_\_\_\_ on\_\_\_\_\_\_\_\_\_\_ (date) in respect of the contract. The particulars of contracts and deposits of the amount deducted there from at source are given below in the schedule. \| \| \| \| --- \| --- \| \| Date\_\_\_\_\_\_\_\_\_\_\_\_\_Address of the awrder\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| Signature & Seal of the person responsible fordeduction and deposit of the tax. \| Schedule ---------- \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S. No. \| Date of the contract \| Nature of the contract \| Gross value of the contract \| Bill No. & Date \| Amount of the bill \| Amount deducted at source \| Voucher No. and date of credit of payment to the contractor \| Gross amount of challan & date on which the tax deducted at source was deposited to the account of the Commercial taxes department \| Remarks \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| 10 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| \| Date\_\_\_\_\_\_\_\_\_\_\_\_\_ \| Signature & Seal of the person responsible fordeduction and deposit of the tax. \| VERIFICATION I, certify that the above statement is true, correct and complete and nothing has been omitted/ Concealed. \| \| \| \| --- \| --- \| \| Place\_\_\_\_\_\_\_\_\_\_\_\_Date\_\_\_\_\_\_\_\_\_\_\_\_\_ \| Signature & Seal of the person responsible fordeduction and deposit of the tax. \| (To be filled by issuing authority) The amount of Rs................................Deducted at source has been deposited into the Government treasury as under. \| \| \| \| \| --- \| --- \| --- \| \| Amount \| Date of deposit \| R.C.R. No. (if applicable) \| \| \| \| \| --- \| --- \| \| \| Signature of the Assistant Commissioner/Commercial Taxes Officer/Issuing Authority. \| FORM VAT-42 [See Rule 40(5) (a)] Details of Tax Deduction & Deposits (To be furnished by the awarder) Name of Month...................... Issuing Authority of the Awarder who has issued Form VAT-41............................ Address........................................................................................................................ ....................................................................................................................................... \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Voucher No. and date of credit of payment to the contractor \| Amount of challan \| Date of deposit \| Breakup of Col No. 3(Tax deducted at source was deposited to the account of the Commercial Taxes Department) \| \| No. \| Date \| Name of the Contractor \| Gross value of the contractor \| Bill No. & date \| Amount of bill \| Tax amount deducted at source \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| \| PlaceDate \| Signature \| \| \| Name of awarder: \| \| \| \| Instructions: ### 1. Enclose Part TV of Challan VAT 37. ### 2. Enclosed duplicate copy of VAT 40. ### 3. Information is to be furnished for each contractor. FORM VAT-43 [See Rule 42(1) ] Application by a person who carries business temporarily for a period not exceeding 120 days in a year To ............................ ............................ \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Dealer/Person \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 2. \| Residential Address \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 3. \| Place of the business \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| 4. \| Date of commencement of business : \| \| DD/MM/YYYY \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 5. \| Expected Period of Business \| From \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| To \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| 6. \| I/We intend to start selling the following goods: \| \| \| \| \| \| --- \| --- \| --- \| \| Description of goods \| Quantity of goods \| Estimated Value of the Goods to be sold \| \| \| \| \| I/We, therefore, request that you may kindly grant me/us the permission to commence the business. \| \| \| \| --- \| --- \| \| PlaceDate \| Signature \| \| \| Name:Status: \| VERIFICATION I verify that the above information and its enclosures is true and correct to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| PlaceDate \| Signature \| \| \| Name:Status: \| \| \| \| --- \| \| For office use only \| \| Determination of Tax by the AC/CTO \| Rs. \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| Security submitted \| Rs. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| Final action taken............................................................................................................................................................................................................................................................... \|- \| Signature of AC/CTO \|} FORM VAT 44 [See Rule 44(j) ] Statement of Collection & Deposits (To be submitted by Contractor under Section 77) \| \| \| \| --- \| --- \| \| Name of the ContractorAddress \| ............................................................................................. \| \| Period of Collection FROM........ To.........[Annual Tax Revenue (ATR) for one week:] [Substituted 'Estimated Annual Tax Revenue (EATR) for one week' by Notification No. G.S.R. 75, dated 20.8.2008 (w.e.f. 31.3.2006).] \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| S. No. \| Receipt No. \| Date \| [Commodity name and Registration Number (TIN) of dealers, if any] [Substituted 'Commodity name' by Notification No. G.S.R. 75, dated 20.8.2008 (w.e.f. 31.3.2006).] \| Tax collected \| Details of deposit of collected Tax (Enclose Challan) \| \| \| \| \| \| \| Amount \| Date \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| 1. \| \| \| \| \| \| \| \| 2. \| \| \| \| \| \| \| \| 3. \| \| \| \| \| \| \| \| ... \| \| \| \| \| \| \| \| \| Total \| \| \| \| \| \| \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| VERIFICATION I...................................... hereby declare that the facts stated above are true to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| FORM VAT-45 [See Rule 46(1) ] Statement of Verification of Periodical Collection To The Treasury Officer................... Amount of Tax, registration fee, penalty, interest, composition money and miscellaneous receipts, exemption fee, deposited in the treasury and sub-treasuries of District............. from........... to............ under Departmental Revenue Budget Head 0040-800-(04) receipts from fees, tax, penalty, interest and misc., items in VAT Act. \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Registration fee \| Exemption fee \| Tax, Penalty Interest, Composition fee \| Miscellaneous receipts \| Total \| Signature of the Assistant Commissioner/ Commercial Taxes Officer/Treasury Officer. \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| \| \| \| \| \| \| \| Amount shown as deposited in Assistant Commissioner/.................................................... Commercial Taxes Officer's register. Amount shown as deposited as per Treasury Accounts. REFUND AND NET COLLECTIONS \| \| \| \| --- \| --- \| \| As per Assistant Commissioner/ Commercial Taxes Officer’s register. \| As per Treasury register. \| \| Amount of refund.................... \| Amount of refund.................. \| \| Net collections................. \| Net collections....................... \| \| Signature of the Assistant Commissioner/C.T.O. .......... Signature of the Treasury Officer \| [FORM VAT-45A] [Substituted by Notification No. S.O. 238, dated 6.3.2013.] [See Rule 27] Statement of refund made electronically \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S.No. \| Name of Dealer / Person \| RC No. (TIN) , if any \| Refund Order No. \| Date of Order \| Date of Refund \| Designation of the authority who has issued order for refund \| Major Head \| Sub-Major Head \| Minor Head \| Sub Head \| Bank CIN \| Amount (in Rs.) \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| 10 \| 11 \| 12 \| 13 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| Signature of Bank OfficialDesignation and Seal FORM VAT-46 [See Rule 51(2) (b)] Seizure Memo \| \| \| \| \| --- \| --- \| --- \| \| \| \| Original/Duplicate \| \| 1. \| Name of Dealer/Person \| ................................................... \| \| \| \| ................................................... \| \| 2. \| Registration No. (TIN) \| ................................................... \| \| 3. \| Address Building Name/Number \| ................................................... \| \| \| Area/Road \| ................................................... \| \| \| Town/City \| ................................................... \| \| \| District(State) \| ................................................... \| \| \| Pin Code \| ................................................... \| \| \| E-mail Id \| ................................................... \| \| \| Telephone Number(s) \| ................................................... \| \| \| Fax Number(s) \| ................................................... \| \| 4. \| Date of Survey/Inspection/Search \| ................................................... \| \| 5. \| Details of goods seized (Use separate sheet, if required) \| \| \| {\| \| \| Description of the goods \| No. of packages \| Weight \| Estimated value \| Other particulars \| \| \| \| \| \| \| \| \| \| \| \| \| \| Reason(s) for seizure:......................................................................................................................................................................................................................................................................................................................................................................................................................................................... \| \|- \| 6. \| Details of books of accounts/registers/other documents seized (use separate sheet, if required) \|- \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Exhibit No. \| Description \| No. of pages \| No. of pages signed by the inspecting authority \| No. of pages signed by the dealer or his business manager \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| Reason(s) for seizure:......................................................................................................................................................................................................................................................................................................................................................................................................................................................... \| \|} \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Signature of officer \| ............................................ \| \| Seal \| \| \| Name: \| ............................................ \| \| Designation: \| ............................................ \| \| Place: \| ............................................ \| \| Date: \| ............................................ \| \| Signature of dealer/business manager \| ............................................ \| \| \| \| Name: \| \| ............................................ \| \| Designation: \| \| ............................................ \| \| Place: \| \| ............................................ \| \| Date: \| \| ............................................ \| \| Seized and signed in presence of: \| \| \| \| Witness 1: \| \| Witness 2: \| \| Signature \| ............................................ \| ............................................ \| \| Name \| ............................................ \| ............................................ \| \| Designation \| ............................................ \| ............................................ \| \| Place \| ............................................ \| ............................................ \| \| Date \| ............................................ \| ............................................ \| FORM VAT-47 [See Rule 53(1) ] Declaration for Imports by Registered Dealers [To be filled in ink] Counter Foil \| \| \| --- \| \| Form No. \| \| Name of the office of issue................................................................ \| \| Date of issue \| (DD/MM/YYYY) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| Valid upto................ \| Seal of Issuing Authority \|} To The In-charge Check-Post................................ Declared and certified that the goods, particulars of which are given below, have been imported by me/us from outside the State for purposes mentioned in Rule 53, and hold myself/ourselves liable for payment of tax as per law to the Government. Part-A (To be filled in by the Consignee) \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Consignor \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Registration Number (TIN) \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Address \| \|} \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 2. \| Name of Consignee \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Registration Number (TIN) \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| 3. \| Nature of the transaction- Tick appropriate box \| \| \| \| Consignment \| \| Stock/Depot/Branch Transfer \| \| Inter-State sale \| \| \| \| \| \| \| Any other nature, Please Describe................................................................................. \| Declaration I.............................................. (Proprietor/Partner/Director/Karta/ Business Manager) declare that the facts stated above in PART-A are true to the best of my knowledge and belief and nothing has been concealed. I also undertake the responsibility to get filled up PART-B from the consignor and Part-C from the Transporter. \| \| \| \| --- \| --- \| \| Place: \| Signature of consignee \| \| Date: \| Name: \| \| \| Status: \| PART-B (To be filled in by the consignor or person authorised) \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Invoice No./Challan No. (Enclose) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 2. \| Date of, Invoice/Challan (DD/MM/YYYY) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 3. \| Value/estimated value of goods in Rs. \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 4. \| Name of Commodity \| ............................................................................................ \| \| \| \| \| \| --- \| --- \| --- \| \| 5. \| No. of Packages/quantity/weight Place: \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| Place: \| Signature of Consignor or person authorised \| \| Date: \| Name: \| \| \| Status: \| PART-C (To be filled in by the Transporter) \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name and Address of the Transport Co. \| ............................................................................................ \| \| 2. \| GR (Bilty) No. & Date \| .............................................. \| \| 3. \| Registration No. of the vehicle \| .............................................. \| \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| \| \| \| \| --- \| --- \| \| Punch Date of Use \| [FORM VAT - 47] [Substituted by amending Notification No. No. F. 12(63) FD/Tax/2005-8, dated 11-9-2006, Published in Rajasthan Gazette Extraordinary, Part IV-C(I), dated 13-9-2006, page 69(1).] [SeeRule 53(1) ] Declaration for Imports by Registered Dealers [To be filled in ink] {\| \| \| {\| \| \| Form No. \| \| Name of the office of issue\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| Date of issue \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| D \| D \| \| M \| M \| \| Y \| Y \| Y \| Y \| \|- \| Valid upto.............................. \|} \| \| \| \| \| \| --- \| --- \| --- \| \| \| Seal of issuing Authority \| \| \| \| \| \| \| \|- \| ToThe In-charge Check Post\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \|} \| \| \| --- \| \| Declared and certified that the goods, particulars of which are given below, have been imported by me/us from outside the State for purposes mentioned in Rule 53, and hold myself/ourselves liable for payment of tax as per law to the Government. \| \| Part-A(To be filled in by the Consignee) \| \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Consignor \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Registration Number (TIN) \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Address \| \|} \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 2. \| Name of Consignee \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Registration Number (TIN) \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| 3. \| Nature of the transaction- Tick appropriate box \| \| \| \| For Consignment sale \| \| Stock/Depot/Branch Transfer \| \| Inter-State Purchase \| \| \| \| \| \| \| Any other nature. Please Describe\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| Declaration I\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Proprietor/Partner/Director/Karta/ Business Manager) declare that the facts stated above in PART-A are true to the best of my knowledge and belief and nothing has been concealed. I also undertake the responsibility to get filled up PART-B from the consignor and Part-C from the Transporter. \| \| \| \| --- \| --- \| \| Place: \| Signature of consignee \| \| Date: \| Name: \| \| \| Status with seal: \| PART-B(To be filled in by the consignor or person authorised) \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Invoice No./Bill No./dispatch memo No. \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 2. \| Date of Invoice/Bill/dispatch memo(DD/MM/YYYY) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 3. \| Value/estimated value of goods in Rs. (In figures) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| (in words) \| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \|} \| \| \| \| \| --- \| --- \| --- \| \| 4. \| Name of Commodity \| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| \| \| \| \| --- \| --- \| --- \| \| 5. \| No. of Packages/quantity/weight Place: \| {\| \| \| {\| \| \| \| \| \| \| \| \| weight \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \|} \|} \| \| \| \| --- \| --- \| \| Place: \| Signature of Consignor or person authorised \| \| Date: \| Name: \| \| \| Status with seal: \| PART-C(To be filled in by the Transporter) \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name and Address of the Transport Co. \| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| 2. \| GR (Bilty) No. & Date \| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| 3. \| Registration No. of the vehicle \| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| \| PunchValueuptoRs.Inlakhs \|- \| 1 \|- \| 2 \|- \| 3 \|- \| 4 \|- \| 5 \|- \| 6 \| 1 \|- \| 7 \| 2 \|- \| 8 \| 3 \|- \| 9 \| 4 \|- \| 10 \| 5 \|- \| 11 \| 6 \|- \| 12 \| 7 \|- \| 13 \| 8 \|- \| 14 \| 9 \|- \| 15 \| 10 \|- \| 16 \| 20 \|- \| 17 \| 30 \|- \| 18 \| 40 \|- \| 19 \| 50 \|- \| 20 \| 60 \|- \| 21 \| 70 \|- \| 22 \| 80 \|- \| 23 \| 90 \|- \| 24 \| 100 \|- \| 25 \| Above ### 100. \|- \| 26 \|- \| 27 \|- \| 28 \| \|- \| 29 \| \|- \| 30 \| \|- \| 31 \| \|- \| \| Punch Month of Use \| Jan \| Feb \| Mar \| Apr \| May \| Jun \| Jul \| Aug \| Sep \| Oct \| Nov \| Dec \|} Counter foil/Duplicate/Original [Form VAT-47A [Inserted by Notification No. G.S.R. 60, dated 25.6.2008 (w.e.f. 31.3.2006).] ] [See Rule 53(1) ] Declaration For Imports By Registered Dealer Form No. Date of issue Declared and certified that the goods, particulars of which are given below, have been imported by me/us from outside the State for purposes mentioned in Rule 53, and hold myself/ourselves liable for payment of tax as per law to the Government. \| \| \| \| \| --- \| --- \| --- \| \| 1 \| Name of Consignee \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| 2 \| Registration No. (TIN) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|- \| 3 \| Details of Import \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Name of Consignor \| Registration No. (TIN) \| Invoice/Bill/Dispatch memo \| GR (Bilty) \| \| No \| Date \| Value estimated value (in Rs.) \| Name of Commodity \| No. \| Date \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| 4 \| Registration No. of the vehicle ....................... \| \|} [FORM VAT-48] [As amended by Notification No. F. 12(28) FD/Tax/2007/149, dated 9-3-2007, Published in Rajasthan Gazette Extraordinary, Part IV-C(I), dated 9-3-2007, page 451] [See Rules 19(3) (d) & 53(5)] Statement of Import/used Form VAT-47 (All the entries should be filled in capital letters) \| \| \| \| --- \| --- \| \| Assessment Year \| {\| \| \| \| \| \| \| \| \| \| \| Registration No. (TIN) \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Quarter to which statement relates \| First \| \| Second \| \| Third \| \| Fourth \| \| \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Dealer \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 2. \| Address \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| S. No. \| Dealer/person from whom Goods purchased/ received \| Particulars of goods imported \| Serial No. of used form VAT-47 \| \| Name & Address \| Reg. No. (TIN) \| Invoice challan No. \| Date \| Name of Goods \| Value (in Rs.) \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| \| PlaceDate \| Signature \| \| \| Name:Status: \| VERIFICATION I verify that the facts stated above are true to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| PlaceDate \| Signature \| \| \| Name:Status: \| ACKNOWLEDGMENT \| \| \| --- \| \| Received from M/s ............................................................................................................................ \| \| Registration No. (TIN) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| Form VAT-47 for the quarter.......... \|- \| With enclosures mentioned therein. \|} \| \| \| \| --- \| --- \| \| Serial No. of Receipt Register \| Signature of Receiving Officialwith date & seal of office \| \| \| \| \| --- \| --- \| \| Punch Date of Use \| [FORM VAT - 49] [Substituted by amending Notification No. No. F. 12(63) FD/Tax/2005-8, dated 11-9-2006, Published in Rajasthan Gazette Extraordinary, Part IV-C(I), dated 13-9-2006, page 69(1).] [SeeRule 53(1) ] Declaration for Carrying Goods Outside the State by Registered Dealer [To be filled in ink] {\| \| \| {\| \| \| Form No. \| \| Name of the office of issue\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| Date of issue \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| D \| D \| \| M \| M \| \| Y \| Y \| Y \| Y \| \|- \| Valid upto.............................. \|} \| \| \| \| \| \| --- \| --- \| --- \| \| \| Seal of issuing Authority \| \| \| \| \| \| \| \|- \| ToThe In-charge Check Post\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \|} \| \| \| --- \| \| Certified that the goods, particulars of which are given below are sold / consigned by me to \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (place with State) for sale outside the State of Rajasthan or by way of branch transfers / depot transfers / stock transfers, or in the course of interstate trade or commerce or by principal to outside agent or agent to outside principal and I /We hold myself/ourselves liable for payment of tax as per law \| \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Consignor \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Registration Number (TIN) \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Address \| \|} \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 2. \| Name of Consignee \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Registration Number (TIN) \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Address of Consignee \| \|} \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 3. \| Invoice No./Bill No./dispatch memo No. \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 4. \| Date of Invoice/Bill/dispatch memo(DD/MM/YYYY) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 5. \| Value/estimated value of goods in Rs. (In figures) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| (in words)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \|} \| \| \| \| \| --- \| --- \| --- \| \| 6. \| Name of Commodity \| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| \| \| \| \| --- \| --- \| --- \| \| 7. \| No. of Packages/quantity \| {\| \| \| {\| \| \| \| \| \| \| \| \| weight \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \|} \|} \| \| \| \| \| --- \| --- \| --- \| \| 8. \| Name and Address of the Transport Co. \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 9. \| Registration No. of the vehicle \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} Declaration I\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Proprietor/Partner/Director/Karta/ Business Manager) declare that the facts stated above are true to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| \| \| Seal of the Consignorwith VAt RC No (TIN) \| VERIFICATION I verify that the facts stated above are true to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| Place: \| Signature \| \| Date: \| Name: \| \| \| Status: \| \| PunchValueuptoRs.Inlakhs \|- \| 1 \|- \| 2 \|- \| 3 \|- \| 4 \|- \| 5 \|- \| 6 \| 1 \|- \| 7 \| 2 \|- \| 8 \| 3 \|- \| 9 \| 4 \|- \| 10 \| 5 \|- \| 11 \| 6 \|- \| 12 \| 7 \|- \| 13 \| 8 \|- \| 14 \| 9 \|- \| 15 \| 10 \|- \| 16 \| 20 \|- \| 17 \| 30 \|- \| 18 \| 40 \|- \| 19 \| 50 \|- \| 20 \| 60 \|- \| 21 \| 70 \|- \| 22 \| 80 \|- \| 23 \| 90 \|- \| 24 \| 100 \|- \| 25 \| Above ### 100. \|- \| 26 \|- \| 27 \|- \| 28 \| \|- \| 29 \| \|- \| 30 \| \|- \| 31 \| \|- \| \| Punch Month of Use \| Jan \| Feb \| Mar \| Apr \| May \| Jun \| Jul \| Aug \| Sep \| Oct \| Nov \| Dec \|} Original/Duplicate/Counter Foil [Form VAT-49A [Inserted by Notification No. G.S.R. 60, dated 25.6.2008 (w.e.f. 31.3.2006).] ] [See Rule 54(1) ] Declaration For Carrying Goods Outside The State By Registered Dealer Form No. Date of issue Certified that the goods, particulars of which are given below are sold/consigned by me to ..................................... (Place with State) for sale outside the State of Rajasthan or by way of branch transfers/depot transfers/stock transfers, or in the course of inter State trade or commerce or by principal to outside agent(s) or agent to outside principal(s) and I/We hold my-self/ourselves liable for payment of tax as per law. \| \| \| \| \| --- \| --- \| --- \| \| 1 \| Name of Consignee \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| 2 \| Registration No. (TIN) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|- \| 3 \| Details of Import \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Name of Consignor \| Registration No. (TIN) \| Invoice/Bill/Dispatch memo \| GR (Bilty) \| \| No \| Date \| Value estimated value (in Rs.) \| Name of Commodity \| No. \| Date \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| 4 \| Registration No. of the vehicle ....................... \| \|} [FORM VAT-50] [As amended by Notification No. F. 12(28) FD/Tax/2007/149, dated 9-3-2007, Published in Rajasthan Gazette Extraordinary, Part IV-C(I), dated 9-3-2007, page 451] [See Rules 19(3) (f) & 54(2)] STATEMENT OF INTER-STATE SALES/USED FORM VAT-49 (All the entries should be filled in capital letters) \| \| \| \| --- \| --- \| \| Assessment Year \| {\| \| \| \| \| \| \| \| \| \| \| Registration No. (TIN) \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Dealer \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 2. \| Address \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 3. \| Derails of Goods sold/ Dispatched \| Serial No. of used form VAT-49 \| \| S. No. \| Dealer/ person to whom Goods sold/ dispatched \| Particulars of goods sold or dispatched \| \| Name & Address \| Reg. No. (TIN) \| No. of Invoice/ Challan \| Date \| Name of Goods \| Value/ Estimated value(in Rs.) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| \| PlaceDate \| Signature \| \| \| Name:Status: \| Declaration I declare that the facts stated above are true to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| PlaceDate \| Signature \| \| \| Name:Status: \| ACKNOWLEDGMENT \| \| \| --- \| \| Received from M/s ............................................................................................................................ \| \| Registration No. (TIN) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| Form VAT-49 for the quarter.......... \|- \| With enclosures mentioned therein. \|} \| \| \| \| --- \| --- \| \| Serial No. of Receipt Register \| Signature of Receiving Officialwith date & seal of office \| FORM VAT-51 [See Rule 55] Application - cum - Transit Pass First Copy (to be retained at the entry Check-post) Part-A (To be filled up by applicant) To The In-Charge Check-post \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Vehicle Registration Number \| \| \| 2. \| Name of Originating Place with State (From) \| \| \| 3. \| Name of Destination with State (To) \| \| \| 4. \| Name of the owner of the vehicle \| \| \| \| Address : Building No./Name/Area \| \| \| \| Town/City \| \| \| \| District (State) \| \| \| 5. \| Name of the driver or in-charge of the vehicle \| \| \| \| Address: Building No./Name/Area Town/City \| \| \| \| District (State) \| \| \| \| Driving License No. \| \| \| \| Licensing Authority \| \| \| 6. \| Name of Transport Company/In-charge of Goods \| \| \| \| Address : Building No./Name/Area \| \| \| \| Town/City \| \| \| \| District (State) \| \| \| 7. \| Master/Main Challan No. and Date \| \| \| 8. \| Name of Exit Check-post \| \| \| 9. \| Expected Date of Exit \| \| \| 10. \| Description of the goods: (Attach copy of challans) \| \| \| Name of commodity \| No. of packages/Quantity/weight \| Value of goods (in Rs.) \| \| \| \| \| \| \| \| \| Declaration I hereby declare that the above mentioned consignments being carried by the above vehicle are brought from other State and are being carried to other State, Goods loaded in the above vehicle shall not be unloaded or delivered anywhere in the State of Rajasthan. The above information and its enclosures are true and correct to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| PlaceDate \| Signature \| \| \| Name:Status: \| \| \| \| \| --- \| --- \| \| Part-B \| Part-C \| \| To be filled up by In-charge of Entry Check-post \| To be filled up by In-charge of Exit Check-post \| \| Serial Number of the Register \| \| Serial Number of the Register \| \| \| Date of issue of TP \| \| Date of Exit \| \| \| Time of issue of TP \| \| Time of Exit \| \| \| Name of Exit Check-post \| \| Name of Exit Check-post \| \| \| Expected date of Exit \| \| \| \| \| \| \| \| \| \| The Vehicle Number............carrying the consignment mentioned at serial number 10 of part-A of this form is allowed to enter the State of Rajasthan and proceed further to cross the border. The second copy arid third copy of this form is to be submitted to the In-charge of the Exit Check Post. \| The Vehicle Number............carrying the consignment mentioned at serial number 10 of part-A of this form is allowed to cross the exit check-post of the State of Rajasthan. The second copy of this form is retained at check-post and third copy has been given to applicant. \| \| Signature NameDesignation \| Signature NameDesignation \| FORM VAT-51 [See Rule 55] Application - cum - Transit Pass Second Copy (to be retained at the entry Check-post) Part-A (To be filled up by applicant) To The In-Charge Check-post \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Vehicle Registration Number \| \| \| 2. \| Name of Originating Place with State (From) \| \| \| 3. \| Name of Destination with State (To) \| \| \| 4. \| Name of the owner of the vehicle \| \| \| \| Address : Building No./Name/Area \| \| \| \| Town/City \| \| \| \| District (State) \| \| \| 5. \| Name of the driver or in-charge of the vehicle \| \| \| \| Address: Building No./Name/Area Town/City \| \| \| \| District (State) \| \| \| \| Driving License No. \| \| \| \| Licensing Authority \| \| \| 6. \| Name of Transport Company/In-charge of Goods \| \| \| \| Address : Building No./Name/Area \| \| \| \| Town/City \| \| \| \| District (State) \| \| \| 7. \| Master/Main Challan No. and Date \| \| \| 8. \| Name of Exit Check-post \| \| \| 9. \| Expected Date of Exit \| \| \| 10. \| Description of the goods: (Attach copy of challans) \| \| \| Name of commodity \| No. of packages/Quantity/weight \| Value of goods (in Rs.) \| \| \| \| \| \| \| \| \| Declaration I hereby declare that the above mentioned consignments being carried by the above vehicle are brought from other State and are being carried to other State, Goods loaded in the above vehicle shall not be unloaded or delivered anywhere in the State of Rajasthan. The above information and its enclosures are true and correct to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| PlaceDate \| Signature \| \| \| Name:Status: \| \| \| \| \| --- \| --- \| \| Part-B \| Part-C \| \| To be filled up by In-charge of Entry Check-post \| To be filled up by In-charge of Exit Check-post \| \| Serial Number of the Register \| \| Serial Number of the Register \| \| \| Date of issue of TP \| \| Date of Exit \| \| \| Time of issue of TP \| \| Time of Exit \| \| \| Name of Exit Check-post \| \| Name of Exit Check-post \| \| \| Expected date of Exit \| \| \| \| \| \| \| \| \| \| The Vehicle Number............carrying the consignment mentioned at serial number 10 of part-A of this form is allowed to enter the State of Rajasthan and proceed further to cross the border. The second copy arid third copy of this form is to be submitted to the In-charge of the Exit Check Post. \| The Vehicle Number............carrying the consignment mentioned at serial number 10 of part-A of this form is allowed to cross the exit check-post of the State of Rajasthan. The second copy of this form is retained at check-post and third copy has been given to applicant. \| \| Signature NameDesignation \| Signature NameDesignation \| FORM VAT-51 [See Rule 55] Application - cum - Transit Pass Third Copy (to be retained at the entry Check-post) Part-A (To be filled up by applicant) To The In-Charge Check-post \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Vehicle Registration Number \| \| \| 2. \| Name of Originating Place with State (From) \| \| \| 3. \| Name of Destination with State (To) \| \| \| 4. \| Name of the owner of the vehicle \| \| \| \| Address : Building No./Name/Area \| \| \| \| Town/City \| \| \| \| District (State) \| \| \| 5. \| Name of the driver or in-charge of the vehicle \| \| \| \| Address: Building No./Name/Area Town/City \| \| \| \| District (State) \| \| \| \| Driving License No. \| \| \| \| Licensing Authority \| \| \| 6. \| Name of Transport Company/In-charge of Goods \| \| \| \| Address : Building No./Name/Area \| \| \| \| Town/City \| \| \| \| District (State) \| \| \| 7. \| Master/Main Challan No. and Date \| \| \| 8. \| Name of Exit Check-post \| \| \| 9. \| Expected Date of Exit \| \| \| 10. \| Description of the goods: (Attach copy of challans) \| \| \| Name of commodity \| No. of packages/Quantity/weight \| Value of goods (in Rs.) \| \| \| \| \| \| \| \| \| Declaration I hereby declare that the above mentioned consignments being carried by the above vehicle are brought from other State and are being carried to other State, Goods loaded in the above vehicle shall not be unloaded or delivered anywhere in the State of Rajasthan. The above information and its enclosures are true and correct to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| PlaceDate \| Signature \| \| \| Name:Status: \| \| \| \| \| --- \| --- \| \| Part-B \| Part-C \| \| To be filled up by In-charge of Entry Check-post \| To be filled up by In-charge of Exit Check-post \| \| Serial Number of the Register \| \| Serial Number of the Register \| \| \| Date of issue of TP \| \| Date of Exit \| \| \| Time of issue of TP \| \| Time of Exit \| \| \| Name of Exit Check-post \| \| Name of Exit Check-post \| \| \| Expected date of Exit \| \| \| \| \| \| \| \| \| \| The Vehicle Number............carrying the consignment mentioned at serial number 10 of part-A of this form is allowed to enter the State of Rajasthan and proceed further to cross the border. The second copy arid third copy of this form is to be submitted to the In-charge of the Exit Check Post. \| The Vehicle Number............carrying the consignment mentioned at serial number 10 of part-A of this form is allowed to cross the exit check-post of the State of Rajasthan. The second copy of this form is retained at check-post and third copy has been given to applicant. \| \| Signature NameDesignation \| Signature NameDesignation \| FORM VAT-52 [See Rule 56(3) ] Receipt of the Goods seized while in movement \| \| \| \| --- \| --- \| \| Two foils \| \| \| Book No. ............... \| Serial No. ............ \| \| Name of the Check-post..................... \| \| \| Designation of the Authorised Officer............. \| \| \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name and full address of the Driver or person in-charge of the goods \| ............................................ \| \| 2. \| Particulars of the vehicle or carrier in which the goods are transported \| ............................................ \| \| 3. \| Name of the Transport Company \| ............................................ \| \| 4. \| Description of the goods seized:- \| \| \| \| (a) No. of packages/boxes. \| ............................................ \| \| \| (b) Weight \| ............................................ \| \| \| (c) Estimated value \| ............................................ \| \| \| (d) Other particulars \| ............................................ \| \| \| \| \| --- \| --- \| \| Place:Date: \| Signature and seal of theIn-charge, Check-post/Authorized Officer. \| FORM VAT-53 [See Rule 63(1) ] Application for Enrolment as Tax Practitioner \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Applicant \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 2. \| Father's/Husband Name \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 3. \| Age \| {\| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 4. \| Address \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| 5. \| Qualification \| \| a. Educational \| Exam Passed University \| Year \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| b. If Income Tax Practitioners \| Yes \| \| No \| \| \| \| \| \| \| \| \| \| \| c. if Sales Tax Practitioners \| Yes \| \| No \| \| \| \| \| \| \| \| \| \| \| d. if retired officer of Rajasthan Commercial taxes department \| Yes \| \| No \| \| VERIFICATION I verify that the above information and its enclosures (if any) is true and correct to the best of my knowledge and belief and nothing is concealed. \| \| \| \| --- \| --- \| \| PlaceDate \| Signature \| \| \| Name:Status: \| Instructions: ### 1. Attach two certificates of character from Gazetted Officers. ### 2. Affix Court fee stamps of rupees one hundred. ### 3. Enclose relevant document(s) in support of 5 above. FORM VAT-54 [See Rule 63(2) ] Register of Persons enrolled as Tax Practitioners \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S. No. \| Name of person enrolled \| Father's Name \| Age \| Address \| Certificate Number \| Date of Enrolment \| Date of Renewal \| Remarks \| Signature of the Commissioner \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| 10 \| \| \| \| \| \| \| \| \| \| \| \| FORM VAT-55 [See Rule 63(3) ] Enrolment Certificate for Tax Practitioner \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Enrolment Certificate No. \| ............................................. \| \| 2. \| Date of Enrolment/Renewal \| ............................................. \| \| 3. \| Name of Practitioner \| ............................................. \| \| 4. \| Father’s/Husband’s Name \| ............................................. \| \| 5. \| Age \| ............................................. \| \| 6. \| Address Building No./Name/Area \| ............................................. \| \| \| Area/Road \| ............................................. \| \| \| Town/City \| ............................................. \| \| \| District (State) \| ............................................. \| \| \| Pin Code \| ............................................. \| \| \| E-mail Id \| ............................................. \| \| \| Telephone Number(s) \| ............................................. \| \| \| Fax Number(s) \| ............................................. \| \| \| \| --- \| \| Pursuant to the provisions in Rule 64, I hereby certify that the above named practitioner has been enrolled as a Tax Practitioner and is authorised to appear before any authorised officer, assessing authority, appellate authority and the Tax Board. \| \| Date of issue \| …........................................................................... \| \| Date up to which certificate is valid \| …........................................................................... \| \| \| \| \| --- \| --- \| \| \| Signature of Commissioner \| \| \| SEAL \| RENEWAL The above Certificate is renewed on........ and shall remain valid up to.......... \| \| \| \| --- \| --- \| \| \| Signature of Commissioner \| \| \| SEAL \| FORM VAT-56 [See Rule 68(2) ] Application for Settlement To The Chairman Tax Settlement Board \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of the Business \| ................................... \| \| 2. \| Registration No. (TIN) \| ................................... \| \| 3. \| Address Building No./Name/Area \| ................................... \| \| \| Town/City \| ................................... \| \| \| District(State) \| ................................... \| \| \| Pin Code \| ................................... \| \| \| E-mail Id \| ................................... \| \| \| Telephone Number(s) \| ................................... \| \| \| Fax Number(s) \| ................................... \| \| 4. \| Date of the disputed order \| \_ \_/\_ \_/\_ \_ \_ \_ \| \| \| \| DD/MM/YYYY \| \| 5. \| Period to which order relates \| \| \| 6. \| Section, under which order passed \| \| \| 7. \| Authority concerned \| \| \| 8. \| Date of filing of the case (as referred to in 9 below) \| \| \| 9. \| Have you preferred an appeal/revision/writ or any suit/complaint which is pending before the authorities as referred to in Rule 68(1) (a) against the said order? \| {\| \| \| \| Yes \| \| No \| \|- \| 10. \| Is any application for rectification against the said order is pending? \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| Yes \| \| No \| \|- \| 11. \| Status of outstanding demand- \| \|- \| \| (a) Total liability including tax, interest and penalty:- \| \|- \| \| (i) Determined by the assessing authority \| Rs. ............................ \|- \| \| (ii) Admitted by the applicant \| Rs. ............................ \|- \| \| (iii) Disputed by the applicant \| Rs. ............................ \|- \| \| (b) If Tax/penalty/interest is disputed- \| \|- \| \| (i) Amount of Tax in dispute \| Rs. ............................ \|- \| \| (ii) Amount of penalty in dispute \| Rs. ............................ \|- \| \| (iii) Amount of interest (Other than accrued interest) in dispute \| Rs. ............................ \|- \| 12. \| Have you paid the admitted liabilities? \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| Yes \| \| No \| \|- \| \| If yes, enclose copy of challan as a proof of deposit \| \|- \| 13. \| Grounds for settlement of Disputes. \| \|} \| \| \| \| --- \| --- \| \| Place:Date: \| Signature \| \| \| Name:Status: \| VERIFICATION I verify that the above information and its enclosures (if any) is true and correct to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| Place:Date: \| Signature \| \| \| Name:Status: \| Instructions: ### 1. Read instructions carefully. ### 2. Separate applications shall be submitted by the applicant for separate orders. ### 3. Tick √ applicable in option boxes. ### 4. The application should be filed in quadruplicate. ### 5. Enclose certified copy of order(s) for which application for settlement is being filed. ### 6. Enclose proof of payment of undisputed amount. ### 7. Enclose proof of case being pending before appropriate forum. ### 8. Enclose proof of filing case as referred to in 9 above. ### 9. Affix court fee stamp. ### 10. This Form should be verified and signed by: a. Proprietor, in case of Proprietorship concern; b. Managing Partner, in case of Partnership firm and where there is no Managing Partner, by all the partners if there is no registered partnership deed and in case of a registered partnership deed by any one of them; c. Managing Director or authorised signatory, in case of a Company; d. Karta, in case of Hindu Undivided Family; e. Legal heir/Successor/Nominee/Assignee; f. Authorised Signatory, in all other cases; g. Or by the declared Business Manager. ### 11. Enclose additional sheet(s) in case this space is not sufficient. ### 12. Enclose all documents/evidence that you want to be considered. FORM VAT-57 [See Rule 71] Application for Rectification of Mistake \| \| \| \| \| --- \| --- \| --- \| \| \| Registration No. (TIN) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} To ............................. ............................. \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Dealer/Person \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 2. \| Address \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| 3. \| Date of the order sought to be rectified \| \| (DD/MM/YYYY) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 4. \| Section, under which order is passed \| ........................................................................................... \| \| \| \| \| \| --- \| --- \| \| 4. \| Have you preferred an appeal against the said order in case the order sought to be rectified has been passed by authorised officer, assessing authority or appellate authority? \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| Yes \| \| No \| \| \| \| \| --- \| --- \| \| 10. \| Grounds for rectification of the said order.................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. \| \| \| \| \| --- \| --- \| \| Place:Date: \| Signature \| \| \| Name:Status: \| VERIFICATION I verify that the above information and its enclosures (if any) is true and Correct to the best of my knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| Place:Date: \| Signature \| \| \| Name:Status: \| Instructions: ### 1. Read the instructions carefully. ### 2. All the entries should be filled in capital letters. ### 3. Tick √ applicable in option boxes. ### 4. Please ensure that the form is complete. ### 5. This Form should be verified and signed by: a. Proprietor, in case of Proprietorship concern; b. Managing Partner, in case of Partnership firm and where there is no Managing Partner, by all the partners if there is no registered partnership deed and in case of a registered partnership deed by any one of them; c. Managing Director or authorised signatory, in case of a Company; d. Karta, in case of Hindu Undivided Family; e. Authorised Signatory, in all other cases; f. Or by the Business Manager. ### 6. Enclose additional sheet(s) in case this space is not sufficient. ### 7. Enclose all documents/evidences that you want to be considered. [FORM VAT-58 [Substituted by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] ] [See Rule 72] Application for Reopening of ex-parte assessment To The Dy. Commissioner (Adm.) Zone:.................... Registration No. (TIN) \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Business \| \| \| 2. \| Address \| \| \| \| Bldg. No/Name/ Area \| \| \| \| Town/City \| \| \| \| District (State) \| \| \| \| Pin Code \| \| \| 3. \| Email Id \| \| \| 4. \| Mobile/Fax Number(s) \| \| \| 5. \| Date of the order sought to be reopened \| \| \| \| \| \| \| \| 6. \| Date of service of the order \| \| \| \| \| \| \| \| 7. \| Name of the assessing authority \| \| \| 8. \| Designation of the assessing authority \| \| \| 9. \| Period of ex-parte assessment \| \| \| 10. \| Section, under which the order is passed \| \| \| 11. \| Have you preferred an appeal against the order ? \| \| \| 12. \| Date of filing of application \| \| \| \| \| \| \| \| 13. \| Grounds for reopening of the said order \| \| \| \| \| \| --- \| --- \| \| Place:Date: \| SignatureName:Status: \| Verification I verify that the above information and its enclosure (if any) is true and correct to the best of any knowledge and belief and nothing has been concealed. \| \| \| \| --- \| --- \| \| Place:Date: \| SignatureName:Status: \| FORM VAT-59 [See Rule 73] Application for Determination of Disputed Question To Commissioner, Commercial Taxes, Rajasthan, Jaipur \| \| \| \| \| --- \| --- \| --- \| \| \| Registration No. (TIN) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Dealer/Person \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 2. \| Address \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 3. \| Has the question arisen before any Court proceedings ?If yes specify............................................................................................................................................... \| {\| \| \| \| Yes \| \| No \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 4. \| Has the question arisen in any proceedings ?Under Sections 22, 23, 25 & 26If yes specify............................................................................................................................................... \| {\| \| \| \| Yes \| \| No \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 5. \| Does the question arise from any order already passed ?If yes specify............................................................................................................................................... \| {\| \| \| \| Yes \| \| No \| \|} \| \| \| \| --- \| --- \| \| 6. \| What does the question relate to: Whether: \| \| \| \| \| --- \| --- \| \| \| {\| \| \| \| \| Any person is a dealer; \|- \| \| \| \| \| --- \| \| \| \| Any particular dealer is required to be registered; \|- \| \| \| \| \| --- \| \| \| \| Any transaction is a sale, and if so the sale price thereof; \|- \| \| \| \| \| --- \| \| \| \| Any tax is payable in respect of any particular sale or purchase or if tax is payable, the point and the rate thereof; \|- \| \| \| \| \| --- \| \| \| \| Any particular thing done to any goods amounts to or results in ,the manufacture of goods; \|- \| \| \| \| \| --- \| \| \| \| Any dealer is entitled to any particular amount of input tax credit. \|} \| \| \| \| \| --- \| --- \| --- \| \| 7. \| Does the question relate to a transaction ?If yes, then :- \| {\| \| \| \| Yes \| \| No \| \|- \| \| (i) Whether the transaction has taken place ? \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| Yes \| \| No \| \|- \| \| (ii) If Yes, then specify the tax period that the transaction relates to ? \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| Yes \| \| No \| \|} \| \| \| \| \| --- \| --- \| --- \| \| \| From \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| To \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| 8. \| Which are the disputed questions, on which determination is sought? Please explain it in detail. \| \| 9. \| Have you previously applied for determination on similar issue(s) ? \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| Yes \| \| No \| \| \| \| \| --- \| --- \| \| 10. \| If yes, then give details of determination.................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. \| \| \| \| \| --- \| --- \| \| Place:Date: \| Signature \| \| \| Name:Status: \| FORM VAT-60 [Rule 74(1) ] Application for composition of offence under sub-section (1) of Section 68 To The Dy. Commissioner (Adm.) Zone............................... Sir, I have been served with a notice for imposition of penalty under Section 61(l) /prosecution under Section 67. Details of the offence for which notice has been issued, are as under:- (1) Nature of offence committed (2) Section relating to the offence: (a) Penalty under Section 61(1) (b) Prosecution under Section 67 (3) Date of Survey conducted (4) Date of detection of the case (5) Date of last notice received (6) Registration No. (TIN), if any (7) Designation of issuing officer/authority of notice. In this regard, it is submitted that I admit the offence and request for composition of the offence in lieu of penalty or prosecution. \| \| \| \| --- \| --- \| \| Place:Date: \| \| \| \| SignatureName of the dealer/personAddress \| [FORM VAT-61 and FORM VAT-62 [Deleted by Notification No. S.O. 586, dated 9.3.2011 (w.e.f. 31.3.2006).] ] \| \| \| --- \| \| FORM VAT-61 [SeeRule 75(1) ] Application for Registration Certificate by Clearing or forwarding Agent {\| \| \| \| Registration No. (TIN) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Dealer/Person \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 2. \| Address \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 3. \| Permanent Account Number (PAN) , if any \| \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| 4. \| Date of commencement of business \| \| (DD/MM/YYYY) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| 5. \| Date from which liable to be registered \| \| (DD/MM/YYYY) \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| 6. \| Type of business of rendering services for Booking/delivery of goods at \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| Booking Agency \| \| Transport Company office \| \| Railway Station \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| Any other place please specify \| \| …............................................................................ \| \| \| \| \| \| --- \| --- \| --- \| \| 7. \| Constitution of Business \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| Proprietorship \| \| Partnership \| \| Private Ltd. Company \| \| Public Ltd. Company \| \| \| \| \| \| \| \| HUF \| \| Co-operative Society \| \| Others \| \| \| \| \| \| \| \| \| --- \| --- \| \| 8. \| Particulars of the proprietor/partners/directors/Karta/members of the governing body/authorised signatory: \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| 1. \| Full Name \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| 2. \| Father's/Husband's Name \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| 3. \| Age \| {\| \| \| \| \| \| 4. Status \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| 5. extent of interest % \| \| \| \| \| \| --- \| --- \| --- \| \| \| \| \| \|} \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| 6. \| Permanent address \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| 7. \| Telephone No. \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| 8. PAN (if any) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| \| 9. \| Name personal identificationSeeRule 12(3) (8) \| \| \| \| \| \| --- \| --- \| --- \| \| \| 10. \| Details (including address) of all immovable property owned by or in which the person has interest/joint interest \| \| \| \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| \| 11. \| Name and Address of witness \| \| \| \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| Signature \| \| Signature of witness \| \| \| \| \| \| --- \| --- \| \| 9. \| Details of branch/additional place(s) of business in State/India \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| Office \| \| Godown/Warehouse \| \| Branch \| \| Others (please specify) \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| Name of Business \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| Place:Date: \| Signature \| \| \| Name:Status: \| VERIFICATION I/We verify that the information given in this form and its enclosure(s) (if any) is true and correct to the best of my knowledge and belief and nothing has been concealed. I also verify that Registration No. has not been previously issued to me/us. \| \| \| \| --- \| --- \| \| Place:Date: \| Signature \| \| \| Full Name:Status: \| For Office Use Only \| \| \| \| --- \| --- \| \| Registration Number \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} Instructions: ### 1. Please read the instructions carefully. ### 2. All the entries should be filled in capital letters. ### 3. Tick √ applicable in option boxes. ### 4. If required, attach separate sheet. ### 5. The application should have the following attachments: (i) Declaration of business manager in Form VAT-02; (ii) Copy of partnership deed, if any, memorandum and articles of association of a company, constitution deed of trust, association of persons or body of individuals, certified by the applicant; (iii) Copy of resolution passed by Board of Directors, in case of a Company and of governing body, in case of other entities, for authorisation of a person to file the application for registration certified by the applicant; (iv) Signed photo duly attested by a gazetted officer or notary public of following:- (a) Proprietor, in case of Proprietorship concern; (b) Every Partner, in case of Partnership firm; (c) Managing Director/Director or authorised signatory, in case of a Company; (d) Karta, in case of Hindu Undivided Family; and (e) Authorised Signatory, in all other cases. (v) Copy of voter identification card or passport or Permanent Account Number or driving license. (vi) Copy of rent deed alongwith rent receipt, electricity bill or water bill. (vii) Own property documents, in support of address proof. ### 6. The application and all attachments are to be filed in duplicate. ### 7. Any change in any of the particulars mentioned above should be intimated to the Department within 30 days. ### 8. This Form should be verified and signed by: a. Proprietor, in case of Proprietorship concern; b. Managing Partner, in case of Partnership firm and where there is no Managing Partner by all the partners in case there is no partnership deed and in case of partnership deed by any one partner; c. Managing Director or authorised signatory, in case of a Company; d. Karta, in case of Hindu Undivided Family; and e. Authorised Signatory, in all other cases. ### 9. Where a clearing or forwarding agent conducts his business in territorial jurisdiction of more than one Asst. Commissioner or Commercial Taxes Officer, separate application is to be filed to the AC/CTO concern. ACKNOWLEDGMENT \| \| \| \| --- \| --- \| \| Received from M/s \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} Form VAT-61 with following enclosures: (i) (ii) (iii) & so on \| \| \| \| --- \| --- \| \| Receipt No.Dated: \| Signature of the receiving official with seal \| FORM VAT-62 [Rule 75(3) ] Registration Certificate for Clearing or Forwarding Agent Registration No. This is to certify that..................... (name of the business), whose principal place of business is situated at: \| \| \| \| --- \| --- \| \| Building Name/Number \| ............................. \| \| Area/Road \| ............................. \| \| Town/City \| ............................. \| \| District(State) \| ............................. \| \| Pin Code \| ............................. \| has been registered under the Rajasthan VAT Act, 2003 with effect from............... Names and address of proprietor/partners/directors as the case may be are as follows: \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Sr No. \| Name \| Address \| Status \| \| \| \| \| \| The following is/are the additional place(s) of business within territorial jurisdiction of the undersigned:- \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Building Name/Number \| ............................. \| \| \| Area/Road \| ............................. \| \| \| Town/City \| ............................. \| \| \| District(State) \| ............................. \| \| \| Pin Code \| ............................. \| \| 2. \| Building Name/Number \| ............................. \| \| \| Area/Road \| ............................. \| \| \| Town/City \| ............................. \| \| \| District(State) \| ............................. \| \| \| Pin Code \| ............................. \| The certificate shall remain in force unless it is cancelled. \| \| \| \| \| --- \| --- \| --- \| \| Seal \| \| SignatureName...............................Status............................... \| \| Place …......................Date of issue................ \| \|} [FORM VAT-63 [Substituted by Notification No. S.O. 586, dated 9.3.2011 (w.e.f. 31.3.2006).] ] [See Rule 75] Statement to be submitted by Clearing or Forwarding Agent Name ............................................ Address ......................................... PAN .............................. Mobile No. ............................... E-mail address ............................. Period From .................................. To ............................... \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S. No. \| Date of clearing forwarding \| Details of Consignor \| Details of Consignee \| No. and Date of Delivery Note/ Bill of lading/ RR/GR etc. \| Description of Goods \| No. of Packages \| Weight \| Value of Goods \| Remarks \| \| Name and address \| TIN \| Name and address \| TIN \| \| \| \| \| \| \| \| \| \| \| \| \| \| Declaration I/We............................. declare that to the best of my/our knowledge, the information furnished in the above statement is true and correct. \| \| \| \| --- \| --- \| \| Place ..............................Date of issue .............................. \| SignatureName ................................Status with Seal ............................ \| FORM VAT-64 [See Rules 26(4) & 27)] Surety Bond ### 1. KNOW All Men by these presents that I/we........ (name) S/o (in case of individual) ....... aged ....... (in case of individual (status) of M/s........ (Address), am/are held and firmly bound unto the Governor of Rajasthan exercising the executive power of the Government of the State of Rajasthan (hereinafter referred to as the "Government"), which expression shall unless excluded by or repagniate to the context, include his successors, in office and assigns including any officer appointed or holding office under the Rajasthan VAT Act, 2003 in the sum of Rupees.......... (amount in figures)........... (Amount in words) hereinafter referred.......... to as "the said sum" to be paid to the Government or any of its officer on demand, for which payment well and truly to be made, I/we bind myself/ourselves made my/our heirs, executors administrators and legal representatives by these presents. ### 2. (i) Whereas the above bounden has been required under the Act by the Assistant Commissioner/Commercial Taxes Officer/Assistant Commercial Taxes Officer to furnish security/additional security for the said sum for the purpose of security timely payment of the amount of any tax or other sum payable under the act by him/them and/or for the save custody and proper use of declaration forms supplied under the Act and the Rules made their under to him/them and for indemnifying the Government against all losses, costs of expenses which the Government may, in any way, sustain or pay by reason of the omission, default or failure of the above burden or any person acting under or for him/them to pay such tax or sum in the manner and by the time provided by or prescribed under/the said Act; or (ii) Whereas the above bounden on application under the Act to the Commissioner/Additional Commissioner, Commercial Taxes or Deputy Commissioner (Administration) (Appeals), Commercial Taxes, having jurisdiction to stay the recovery of demand or to allow instalments, has been called upon to execute a bond with two sureties in favour of the Government in the above mentioned sum of Rs. (in figures) ....... (in words)......... for ensuring the due discharge by the said bounden of the liabilities under the provisions of the Act, and the rules made thereunder and in accordance with the orders passed and the directions given by the Competent Authority and for indemnifying the Government against all losses, costs or expenses which the Government may in any way suffer, sustain or pay, by reason of the default or failure in due discharge of liabilities under the Act or the rules, of the said bounden, or any person acting under him/them or for whom he may be responsible. or (iii) Whereas in pursuance of the order of........... (designation) to release the seized goods/vehicle/accounts......... (in case of goods, description of goods with weight and value/in case of vehicle description of vehicle including registration number/in case of accounts, description of account) the above bounden has been called upon to execute a bond with two sureties in favour of the Government in the above mentioned sum of Rs. (in figures)........... (in words)......... for ensuring compliance by the said bounden of the directions given from time to time in this behalf and for indemnifying the Government against all losses, costs or expenses which the Government may in any way suffer, sustain or pay, by reason of the default or failure in compliance of the directions given of the said bounden or any person acting under him/them, or for whom he may be responsible. ### 3. Now the condition of the above written bond is such that if the said bounden, his/their heirs, executors or administrators or legal representatives or any person acting under or for him/them pays the full amount of tax, demand or other sum payable by him/them under the Act or the rules or discharge the liabilities undertaken by him/them or attributable to him/them, or carries out the orders and complies with the directions given to him/them/this obligation shall be void and of no effect, otherwise the same shall be and remain in force; ### 4. And is hereby further agreed that in event of death of the said bounden or on the final cessation of his liability this bond shall remain with the authority before whom it is executed for a period of twelve years from the date of the occurring of any of the events aforesaid for recovering any tax, demand or other sum payable by the above bounden for any loss, costs or expenses that may have been sustained, incurred or paid by the Government owing to the act, omission, default, failure or insolvency of the above bounden; ### 5. Provided always that without prejudice to any other right or remedies for recovering the tax, demand or other sum or loss costs or expenses as aforesaid, it shall be open to the Government or any of its officers to recover the amount payable under this bond as an arrear of land revenue. ### 6. In witness whereof the said bounden has hereunto set his and this.......... day of............ 20.. \| \| \| \| --- \| --- \| \| Signed by the above bounden \| (Signature and status) \| In the presence of- ### 1. ### 2. ### 7. We....... and....... hereby declare ourselves sureties for the above said bounden ......... and guarantee that he/they shall do and perform all that he/they has/have above undertaken to do and perform and in case of his/their making default therein, we hereby bind ourselves jointly and severally to forfeit to the Governor of the State of Rajasthan (hereinafter referred to as the "Government") the sum of Rs. .............. (in figures)............... (in words) in which the above bounden has/have bound himself/themselves or such other lesser sum as shall be deemed to be sufficient by the Commissioner, Commercial Taxes, Rajasthan or the authority or officer before whom this security \\\\\\\\\ *\ payable by the above bounden and also to recover any loss, costs or expenses, which the Government may sustain, incur or pay by** \\\\\\\\\\\* bounden or any other person acting under for him/them. ### 8. And we agree that the authorities mentioned in the preceeding para may, without prejudice to any other rights or remedies, recover the said sum from us, jointly and severally, as an arrear of land revenue. \| \| \| \| --- \| --- \| \| Names and addresses of the sureties \| Details of immovable properties of sureties \| \| 1. ....................... \| 1. ....................... \| \| 2. ....................... \| 2. ....................... \| ### 9. And we also agree that neither of us shall be at liberty to terminate this suretyship except upon giving to the authorities or officers concerned six calendar months notice in writing of our intention so to do, and our joint and several liability under this bond shall continue in respect of all acts, omissions, defaults, failures and insolvency on the part of the above bounden until the expiration of the said period of six months. \| \| \| \| --- \| --- \| \| In the presence of the witness. \| \| \| 1. ....................... \| 1. ....................... \| \| 2. ....................... \| 2. ....................... \| (Signature of the Sureties) Note. - 1. In para 2, the eventualities, which are not applicable should be struck and initialed by the executor. FORM VAT-65 [See Rule 21(11) ] [Substituted by Notification No. S.O. 175, dated 4.12.2015 (w.e.f. 31.3.2006).] Indemnity bond KNOW ALL MEN BY THESE PRESENTS THAT I................................. S/o........................ registered dealer under the Rajasthan VAT Act, 2003 under registration No. (TIN) ................... dated................. in the State of Rajasthan. I/We/M/s................................... a firm/ a company/........... registered under the laws of Rajasthan and having its registered office at........................... registered dealers under the Rajasthan VAT Act, 2003 under registration No. (TIN) ............... in the State of Rajasthan (hereinafter called the Obligor) is/are held and firmly bound upto the Governor of Rajasthan (hereinafter called the Government) in the sum of........... (Rupees ............... (in words) well and truly to be paid to the Government on demand and without demur for which payment to be well and truly made. I bind myself and my heirs, executors, administrators, legal representatives and assigns/we bind ourselves our successors and assigns and the persons for the time being having control over our assets and affairs. Signed this................. day of............. Two thousand ........... OR Whereas sub-rule 8 of the Rule 21 of the Rajasthan VAT Rules, 2006 requires that in the event a blank or a duly completed form of declaration is stolen, lost or destroyed while it is in custody or in transit between the purchasing dealer and the selling dealer or between selling dealer and assessing authority as the case may be, to furnish an indemnity bond to the authority from which the said form was obtained. AND Whereas the Obligor herein is such dealer And whereas the Obligor has lost the declaration in VAT...................... bearing No......................... which was blank/duly completed, and was issued to him by....................... (name and designation of the authority).......... which was issued to him by ................... (name and designation of the authority) and sent to .......... (selling dealer)....................... /received by him from.............. (name of the purchasing dealer)................. and sent to.............. State........... in respect of the goods mentioned below (hereinafter referred to as the Form). \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| SI. No. \| Name of the dealer \| No. of VAT Invoice \| Date \| Description of goods \| Quantity \| Amount \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| Now the condition of the above written bond or obligation is such that the obligor shall in the event of a loss suffered by the Government (in respect of which the decision of the Government or the authority appointed for the purpose shall be final and binding on the Obligor) as a result of the misuse of the Form pay to the Government on demand and without.............................. (in words) and shall otherwise indemnity and keep the Government harmless and indemnified against and from all liabilities incurred by the Government as a result of the misuse of such Form. Then the above written bond or obligation shall be void and of no effect but otherwise shall remain in full force, effect and virtue. The obligor further undertakes to mortgage/charge the properties specified in the Schedule hereunder written by execution of proper deed of mortgagor/charge for the payment of the said sum. [Wherever called upon to do so by the assessing authority]. Schedule 2 ------------ (Give details of properties mortgaged/charged) AND THESE PRESENTS ALSO WITNESSETH THAT the liability of the obligor hereunder shall not be impaired or/discharged by reason of any forbearance, act or omission of the Government or for any time being granted or indulgence shown by the Government, (or by reason of any change in the constitution of the obligor in cases where the obligor is not an individual). The Government agrees to bear the stamp duty if any chargeable on these presents. In Witness whereof the obligor has set his hand/has caused these presents executed by its authorised representatives, on the day, month and year above written. Signed by the above named obligor. In presence of: ### 1. ### 2. (Obligor's signature) Accepted for and on behalf of the Governor of Rajasthan by name and designation of the Officer duly authorised in pursuance of Article 299(1) of the Constitution, to accept the bond for and on behalf of the Governor of Rajasthan in presence of: ### 1. ### 2. Name and Designation of the Officer FORM VAT-66 [See Ride 78] Application for disclosure of information relating to a dealer To Commissioner, Commercial Taxes, Rajasthan, Jaipur. Subject: Disclosure of information relating to a dealer under sub-section (2) of Section 94. Sir, Please supply me information relating to a dealer, the particulars of the information required are as under:- \| \| \| \| --- \| --- \| \| (I) \| Details of the dealer relating to information is required \| \| \| \| \| \| --- \| --- \| --- \| \| \| Registration No. (TIN) \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of Dealer/Person \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| \| --- \| --- \| --- \| \| 2. \| Address \| \| \| \| \| \| \| --- \| --- \| --- \| \| \| Bldg. No./Name/Area \| {\| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Town/City \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| District (State) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Pin Code \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| Email ID \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| \|- \| \| Telephone Number(s) \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \| FAX No. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| \| \| \| \| \| \| \| \| \|} \| \| \| \| --- \| --- \| \| (II) \| Particulars of information about \| \| \| a. The Registration........................................................................................................................................................................................................... \| \| \| b. Returns.......................................................................................................................................................................................................................... \| \| \| c. Assessment and incidental matters thereto............................................................................................................................................................... \| \| \| \| \| --- \| --- \| \| (III) \| Purpose for which information is required \| \| \| ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... \| \| \| Encl: Proof of payment of a fee as prescribed \| \| \| \| \| --- \| --- \| \| \| Yours faithfully, Name........................ Status ...................... Address..................... \| FORM VAT-67 [See Rule 79] Tax Clearance Certificate ORIGINAL DUPLICATE Date: This is to certify that M/s............................................... having Registration No. (TIN) .............................. and CST No.............. (a) has no tax liability outstanding or has outstanding tax liability amounting to Rs......... which has been stayed by....... up to........ or is payable through instalments by........... (date); and (b) has paid current tax up to the month of......... 20.. This certificate is valid up to............................. \| \| \| \| \| --- \| --- \| --- \| \| Seal \| \| Assistant Commissioner/Commercial Taxes Officer/Assistant Commercial Taxes Officer \| [FORM VAT-69 [Added by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] ] [See Rule 17A] Application for permission to pay tax in lump sum To, The Assessing Authority \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ I submit my application as follows for the grant of permission to pay tax in lump sum under Rule 17-A of Rajasthan Value Added Tax Rules, 2006 for the period commencing from..................... The Details of my business are as under : ### 1. TIN ### 2. Name of the Applicant: ### 3. Name of the Dealer : ### 4. Address : ### 5. Commodities for which option to pay tax in lump sum is opted: ### 6. If opting under sub rule (3) of the Rule 17-A: a. Turnover of Current Financial Year upto the date of application: b. Tax charged or collected (if any): c. Composition Amount which has become due: d. Interest payable on the Composition Amount due: e. Late fee payable: f. Date of deposit of due Amount: ### 7. Closing stock which has suffered tax iii the State (as on date of application): ### 8. Amount of ITC to be reversed on closing Stock as mentioned at S.No. 7: ### 9. Closing stock which has not suffered tax in the State: ### 10. Date of deposit of tax on closing stock as mentioned at S.No. 9: I/We declare that the information given above is true and correct to the best of my/our knowledge and nothing has been concealed and I shall abide by all the conditions specified in relevent rule. \| \| \| \| --- \| --- \| \| Place :Date: \| Signature:Designation : \| [FORM VAT 70 [Added by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] ] [See Rule 17A] Certificate for payment of tax in lump sum ### 1. TIN: ### 2. Name of the applicant: ### 3. Name and address: ### 4. E-mail address: ### 5. Mobile No.: ### 6. Commodities for which permission to pay tax in lump sum is granted: This certificate shall remain in force till the dealer opted out from the option of payment of tax in lump sum or the dealer has closed the business or certificate is cancelled, whichever is earlier. \| \| \| \| --- \| --- \| \| Place :Date: \| Signature:Designation : \| [FORM VAT 71 [Added by Notification No. S.O. 31, dated 14.7.2014 (w.e.f. 31.3.2006).] ] [See Rule 17A] Application for opt out from the option for payment of tax in lump sum To, The Assessing Authority ...................... ...................... I submit my application for opt out to lump sum in lieu of tax under Rule 17-A of Rajasthan Value Added Tax Rules, 2006 from the date.................. The Details of my business are as under : ### 1. TIN ### 2. Name of the Applicant: ### 3. Name of the Dealer : ### 4. Address : ### 5. Commodities for which option to pay tax in lump sum is opted: ### 6. Details of buisness (as on date of opting out): a. Turnover of Current Financial Year: b. Composition Amount which has become due: c. Interest payable on the Composition Amount due(if any): d. Late fee payable(if any): e. Date of deposit of due Amount: ### 7. Closing stock of commodity for which option to pay tax in lump sum is opted : I/We declare that the information given above is true and correct to the best of my/our knowledge and nothing has been concealed and I shall abide by all the conditions specified in relevant rule. \| \| \| \| --- \| --- \| \| Place :Date \| Signature:Designation : \| [Form Vat - 72] [Added by Notification No. S.O. 175, dated 4.12.2015.] [See Rule 21(1) (i)] Declaration (To be issued by purchaser) Name of the Person/Department/Dealer/Institution Purchasing goods:TIN, if any:Address: I/we hereby certify that the goods as mentioned in column number 2 of Part-C of the table given below has been purchased by me/ us for the purpose as mentioned in column number 3 of Part-C of the said table, from the registered dealer whose details are mentioned in Part-A of the said table, and sale to or purchase by me/us of such goods is/ are exempted from payment of tax under notification number and date as mentioned in Part-B of the said table: Table Part-A: Details of the selling dealer: \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of the selling dealer \| \| \| 2. \| TIN \| \| \| 3. \| Address \| \| Part-B: Details of Notification \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Notification Number \| \| \| 2. \| Date \| \| Part-C: Details of Purchases \| \| \| \| \| --- \| --- \| --- \| \| S. No \| Description of goods \| Purpose \| \| 1 \| 2 \| 3 \| \| \| Invoice number \| Date \| Name of commodity \| Amount \| \| \| \| \| \| \| \| \| Signature of Person/Dealer/Authorized Signatory with sealName:Status/Designation of Authorized signatory Verification I/we certify that the above information and facts are true and correct to the best of my/our knowledge and belief and nothing has been concealed. Signature of Person/Dealer/Authorized Signatory with sealName:Status/Designation of Authorized signatory Notifications Under Rajasthan Value Added Tax Rules, 2006 Rule 11 [Notification No.F. 12(63) FD/Tax/2005-l72, dated 31-3-2006, Published in Rajasthan Gazette, Extraordinary, Part IV-C(II), dated 31-3-2006, page 555(33).] S.O.472. - In pursuance of rule 11 of the Rajasthan Value Added Tax Rules, 2006, read with sub-section (1) of section 4 of the Rajasthan Value Added Tax Act, 2003, the State Government hereby directs that tax under section 4 of the Act, in respect of sales of Aviation Spirit, High and Light Speed Diesel Oil, and Petrol, shall be payable at the first point in the series of sales by a registered dealer in the State of Rajasthan subject to the following conditions, namely.- (i) that the selling dealer shall issue invoice and not VAT invoice; and (ii) that against invoice and not against VAT invoice. This shall have effect from April 1, 2006. [Notification No. F. 12(63) FD/Tax/2005-174, dated 31-3-2006 Published in Rajasthan Gazette, Extraordinary, Part IV-C(II), dated 31-3-2006, page 555(34).] S.O. 473. - In pursuance of rule 11 of the Rajasthan Value Added Tax Rules, 2006, read with sub-section (1) of section 4 of the Rajasthan Value Added Tax Act, 2003, the State Government hereby directs that tax under section 4 of the Act, on the sales of Aviation Spirit, High and Light Speed Diesel Oil, and Petrol, shall be payable by the dealers registered in the name and style as M/s Indian Oil Corporation Ltd., M/s Bharat Petroleum Corporation Ltd., M/s Hindustan Petroleum Corporation Ltd. and M/s Indo-Burma Petroleum Corporation Ltd., at the point when such dealers make sales of the said goods to a dealer other than the aforesaid dealers for the first time in the State of Rajasthan. This shall have effect from April 1, 2006 [Notification No. F. 12(63) FD/Tax/2005-1, dated 1-4-2006, Published in Rajasthan Gazette, Extraordinary, Part IV-C(II), dated 10-4-2006, page 11.] S.O. 68. - In pursuance of rule 11 of the Rajasthan Value Added Tax Rules, 2006, read with sub-section (1) of section 4 of the Rajasthan Value Added Tax Act, 2003 (Rajasthan Act No. 4 of 2003), the State Government hereby makes the following amendment in this department notification No. F. 12(63) FD/Tax/2005-172, dated 31-03-2006, namely:- In condition No. 2 of the said notification the existing expression "that against invoice and not against VAT invoice." shall be replaced by "that the purchasing dealer shall not claim input tax credit in respect of such purchases." [Notification No. F. 12(63) FD/Tax/2005-6, dated 11-4-2006, Published in Rajasthan Gazette, Extraordinary, Part IV-C(II), dated 13-4-2006, page 15(7).] S.O. 14. - In pursuance of Rule 11 of the Rajasthan Value Added Tax Rules, 2006, read with sub-section (1) of Section 4 of the Rajasthan Value Added Tax Act, 2003 (Act No. 4 of 2003), the State Government hereby make the following amendment in this Department's Notification No. F. 12(63) FD/Tax/2005-172, dated 31-3-2006 (as amended from time to time); namely:- In the said notification for the existing expression "and Petrol," the expression "Petrol, Kerosene (sold through Public Distribution System in the State)," shall be substituted. [Notification No. F. 12(63) FD/Tax/2005-16, dated 19-4-2006, Published in Rajasthan Gazette, Extraordinary, Part IV-C(II), dated20-4-2006, page 33(1).] S.O. 46. - In pursuance of rule 11 of the Rajasthan Value Added Tax Rules, 2006, read with sub-section (1) of section 4 of the Rajasthan Value Added Tax Act, 2003 (Act No. 4 of 2003), the State Government hereby makes the following amendment in this Departments notification No. F. 12(63) FD/Tax/2005-172, dated 31- 3-2006, (as amended from time to time), namely.- In the said notification for the existing expression ", Petrol, Kerosene", the expression Petrol, Kerosene, Wheat and Rice", shall be substituted.
65b929e8ab84c7eca86e878a	acts	State of Uttar Pradesh - Act ------------------------------ The U.P. Election Directorate Officers Service Rules, 1992 ------------------------------------------------------------ UTTAR PRADESH India The U.P. Election Directorate Officers Service Rules, 1992 ============================================================ Rule THE-U-P-ELECTION-DIRECTORATE-OFFICERS-SERVICE-RULES-1992 of 1992 ----------------------------------------------------------------------- * Published on 30 June 1992 * Commenced on 30 June 1992 The U.P. Election Directorate Officers Service Rules, 1992 Published vide Notification No. 3366/17-A-242-1-1-91, dated the 30th June, 1992 Part I – General ------------------ ### 1. Short title and Commencement. (1) These Rules may be called "The Uttar Pradesh Election Directorate Officers Service Rules, 1992". (2) They shall come into force at once. ### 2. Status of the Service. - The Uttar Pradesh Election Directorate Officer Service comprises Group "A" and "B" posts. ### 3. Definitions. - In these rules unless there is anything repugnant in the subject or context- (a) "Appointing authority" means the Secretary to the Government in Election Department; (b) "Commission" means the Uttar Public Service Commission; (c) "Constitution" means the Constitution of India; (d) "Government" means the State Government of Uttar Pradesh; (e) "Governor" means the Governor of Uttar Pradesh; (f) "Member of the service" means a person substantively appointed under these rules or the rules or orders in force prior to the commencement of these rules to a post in the cadre of the service; (g) "Service" means the Uttar Pradesh Election Directorate Officers Service; (h) "Substantive appointment" means an appointment, not being an ad hoc appointment, on a post in the cadre of the Service, made after selection in accordance with the rules and, if there are no rules, in accordance with the procedure prescribed for the time being by executive instructions issued by the Government. (i) "Year of recruitment" means a period of twelve months commencing from the first day of July of a calendar year. Part II – Cadre ----------------- ### 4. Cadre of service. (1) The strength of the Service and of each category of posts therein shall be such as may be determined by the Government from time to time. (2) The strength of the Service and of each category of posts therein shall, until orders varying the same are passed under sub-rule (1) be as under : \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Name of post \| Permanent \| Temporary \| Total \| \| Section Officer \| 1 \| 3 \| 4 \| \| Assistant Chief \| .. \| 1 \| 1 \| \| Electoral Officer \| \| \| \| Provided that- (1) the appointing authority may leave unfilled or the Governor may hold in abeyance any vacant post, without thereby entitling any person to compensation, or (2) the Governor may create such additional, permanent or temporary posts, from time to time, as he may consider proper. Part III – Recruitment ------------------------ ### 5. Source of recruitment. - Recruitment to the various categories of posts in service shall be made from the following sources : (1) Section Officer. - By promotion from amongst substantively appointed as Upper Division Assistants who have completed ten years service as such on the first day of the year of recruitment. (2) Assistant Chief Electoral Officer. - By promotion from amongst substantively appointed section officers who have completed five years service as such on the first day of the year of recruitment. ### 6. Reservation. - Reservation for candidates belonging to Scheduled Castes, Scheduled Tribes and other categories shall be in accordance with the orders of the Government in force at the time of the recruitment. Part IV – Procedure of Recruitment ------------------------------------ ### 7. Determination of vacancies. - The appointing authority shall determine and intimate to the Commission the number of vacancies to be filled during the year of the recruitment as also the number of vacancies to be reserved for candidates belonging to Scheduled Castes, Scheduled Tribes and other categories under Rule 6. ### 8. Procedure for recruitment by promotion to the post of Section Officer. - Recruitment by promotion to the post of Section Officer shall be made on the basis of seniority subject to the rejection of unfit in accordance with the Uttar Pradesh Promotion by Selection in Consultation with the Public Service Commission (Procedure) Rules, 1970, as amended from time to time. ### 9. Procedure for recruitment by promotion to the post of Assistant Chief Electoral Officer. (1) Recruitment by promotion to a post of Assistant Chief Electoral Officer shall be made on the basis of seniority subject to rejection of unfit through a Selection Committee constituted as follows : \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| (i) \| Appointing Authority \| ... \| Chairman. \| \| (ii) \| Secretary to the Government in the Personnel Department or his nominee not below the rank of Joint Secretary \| ... \| Member. \| \| (iii) \| Joint Chief Electoral Officer \| ... \| Member. \| (2) The appointing authority shall prepare an eligibility list of the candidates in accordance with the Uttar Pradesh Promotion by Selection (on Posts outside the Purview of the Public Service Commission) Eligibility List Rules, 1986, and place it before the Selection Committee along with their character rolls and such other records pertaining to them as may be considered proper. (3) The Selection Committee shall consider the cases of candidates on the basis of the records referred to in sub-rule (2) and if it considers necessary, it may interview the candidates also. (4) The Selection Committee shall prepare a list of selected candidates arranged in order of seniority as it stood in the cadre from which they are to be promoted and forward the same to the appointing authority. Part V – Appointment, Probation, Confirmation and Seniority ------------------------------------------------------------- ### 10. Appointment. (1) The appointing authority shall make appointments by taking the names of the candidates in the order in which they stand in the list prepared under Rules 8 and 9 as the case may be. (2) If more than one order of appointment are issued in respect of any one selection, a combined order shall be issued mentioning the names of the persons in the order of seniority as determined in the selection or as the case may, as stood in the cadre from which they are promoted. ### 11. Probation. (1) A person on substantive appointment to a post or Service shall be placed on probation for a period of two years. (2) The appointing authority may, for reasons to be recorded, extend the period of probation in individual cases, specifying the date up to which the extension is granted : Provided that save in exceptional circumstances, the period of probation shall not be extended beyond one year and in no circumstances beyond two years. (3) If it appears to the appointing authority at any time during or at the end of the period for probation or extended period of probation that a probationer has not made sufficient use of his opportunities or has otherwise failed to give satisfaction, he may be reverted to his substantive post. (4) A probationer who is reverted under sub-rule (3) shall not be entitled to any compensation (5) The appointing authority may allow continuous service, rendered in an officiating or temporary capacity in a post included in the cadre of any other equivalent or higher post to be taken into account for the purpose of computing the period of probation. ### 12. Confirmation. - The order issued under sub-rule (3) of rule 5 of the Uttar Pradesh State Government Servants Confirmation Rules, 1991, declaring that the probationer has successfully completed the probation shall be deemed to be the order of confirmation. ### 13. Seniority. - The seniority of persons substantively appointed in any category of posts shall be determined in accordance with the Uttar Pradesh Government Servants Seniority Rules, 1991, as amended from time to time. Part VI – Pay Etc. -------------------- ### 14. Scale of pay. (1) The scales of pay admissible to persons appointed to any category of posts, whether in substantive or officiating capacity or as a temporary measure shall be such as may be determined by the Government from time to time. (2) The scales of pay at the time of commencement of these rules are given as follows : \| \| \| \| --- \| --- \| \| (i) Section Officer \| Rs. 2,000-60-2,300-E.B.-75-3,200-100-3,500. \| \| (ii) Assistant Chief Electoral Officer. \| Rs. 3,000-100-3,500-125-4,500. \| ### 15. Criteria for crossing efficiency bar. - No person shall be allowed to cross efficiency bar unless- (i) his work and conduct are found to be satisfactory, and (ii) his integrity is certified. Part VII – Other Provisions ----------------------------- ### 16. Canvassing. - No recommendations, either written or oral, other than those required under these rules applicable to the post or Service will be taken into consideration. Any attempt on the part of a candidate to enlist support directly or indirectly for his candidature will disqualify him for appointment. ### 17. Regulation of other matters. - In regard to the matters not specifically covered by these rules or by special orders, persons appointed to the service shall be governed by the rules, regulations and orders applicable generally to Government servants serving in connection with the affairs of the State. ### 18. Relaxation from the conditions of service. - Where the State Government is satisfied that the operation of any rule regulating the conditions of service of a person appointed to the service causes undue hardship in any particular case, it may, notwithstanding anything contained in the rules applicable to the case, by order, dispense with or relax the requirements of that rule to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner: Provided that where a rule has been framed in consultation with the Commission, that body shall be consulted before the requirements of the rule are dispensed with or relaxed. ### 19. Savings. - Nothing in these rules shall effect reservations and other concessions required to be provided for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other special categories of persons in accordance with the orders of the Government issued from time to time in this regard.
65ba7b2aab84c7eca86eb903	acts	Union of India - Act ---------------------- The Foreign Exchange Management (Establishment in India of a branch office or a liaison office or a project office or any other place of business) Regulations, 2016 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- UNION OF INDIA India The Foreign Exchange Management (Establishment in India of a branch office or a liaison office or a project office or any other place of business) Regulations, 2016 ====================================================================================================================================================================== Rule THE-FOREIGN-EXCHANGE-MANAGEMENT-ESTABLISHMENT-IN-INDIA-OF-A-BRANCH-OFFICE-OR-A-LIAISON-OFFICE-OR-A-PROJECT-OFFICE-OR-ANY-OTHER-PLACE-OF-BUSINESS-REGULATIONS-2016 of 2016 -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- * Published on 31 March 2016 * Commenced on 31 March 2016 The Foreign Exchange Management (Establishment in India of a branch office or a liaison office or a project office or any other place of business) Regulations, 2016 Published vide Notification No. G.S.R.384, Mumbai, the 31st March, 2016 Last Updated 28th January, 2019 Reserve Bank of India (Foreign Exchange Department ) (Central Office ) G.S.R.384. - In exercise of the powers conferred by sub-section (6) of Section 6 of the Foreign Exchange Management Act, 1999 ( 42 of 1999 ), and in supersession of Notification No. FEMA 22/2000-RB dated May 3, 2000, as amended from time to time, the Reserve Bank of India makes the following regulations to prohibit, restrict and regulate establishment in India of a branch office or a liaison office or a project office or any other place of business by a person resident outside India:- ### 1. Short title and commencement (a) These Regulations may be called the Foreign Exchange Management (Establishment in India of a branch office or a liaison office or a project office or any other place of business) Regulations, 2016. (b) They shall come into force from the date of their publication in the Official Gazette. ### 2. Definitions. - In these regulations, unless the context otherwise requires - (a) 'Act' means the Foreign Exchange Management Act, 1999 ( 42 of 1999 ). (b) 'Authorised Dealer' means a person authorised as an authorised dealer under sub-section (1) of Section 10 of the Act. (c) 'Foreign company' means a body corporate incorporated outside India and includes a firm or other association of individuals. (d) 'Branch Office' in relation to a company, means any establishment described as such by the company. (e) 'Liaison Office' means a place of business to act as a channel of communication between the principal place of business or Head Office or by whatever name called and entities in India but which does not undertake any commercial /trading/ industrial activity, directly or indirectly, and maintains itself out of inward remittances received from abroad through normal banking channel. (f) 'Project Office' means a place of business in India to represent the interests of the foreign company executing a project in India but excludes a Liaison Office. (g) 'Site Office' means a sub-office of the Project Office established at the site of a project but does not include a Liaison Office. (h) 'Stand-alone basis' means such branch offices would be isolated and restricted to the Special Economic Zone alone and no business activity/ transaction will be allowed outside the Special Economic Zones in India which includes branches/subsidiaries of its parent office in India. (i) The words and expressions used but not defined in these Regulations, shall have the same meanings respectively assigned to them in the Act. ### 3. Prohibition against opening a branch office or a liaison office or a project office or any other place of business in India. - No person resident outside India shall without prior approval of the Reserve Bank open in India a branch office or a liaison office or a project office or any other place of business by whatever name called except as laid down in these Regulations. Provided that (a) A banking company resident outside India shall not require any approval under these Regulations for establishing any office in India if such company has obtained necessary approval under the provisions of the Banking Regulation Act, 1949. (b) An insurance company resident outside India shall not require any approval under these Regulations for establishing any office in India if such company has obtained approval from the Insurance Regulatory and Development Authority established under section 3 of the Insurance Regulatory and Development Authority Act, 1999. (c) A company resident outside India shall not require any approval under these Regulations to establish a branch office in the Special Economic Zones (SEZs) to undertake manufacturing and service activities, subject to the conditions that: (i) such branch offices are functioning in those sectors where 100% FDI is permitted; (ii) such branch offices comply with Chapter XXII of the Companies Act, 2013; and (iii) such branch offices function on a stand-alone basis. ### 4. Approval for opening a branch office or a liaison office or a project office or any other place of business in India. - a. Eligibility. - A person resident outside India can establish a branch office or a liaison office in India provided it meets the following criterion: (i) For Branch Office. - a profit making track record during the immediately preceding five financial years in the home country and net worth of not less than USD 100,000 or its equivalent. (ii) For Liaison Office. - a profit making track record during the immediately preceding three financial years in the home country and net worth of not less than USD 50,000 or its equivalent. Provided that a person resident outside India that is not financially sound and are subsidiaries of other companies may submit a Letter of Comfort (Annex A) from their parent company subject to the condition that the parent company satisfies the prescribed criterion for net worth and profit. (b) Permissible activities. - A person resident outside India permitted by the Reserve Bank under these Regulations to establish a branch or liaison office in India may undertake or carry on any activity specified in Schedule I or II (Annex B), as the case may be, but shall not undertake or carry on any other activity unless otherwise specifically permitted by the Reserve Bank. (c) Application form. - A person resident outside India desiring to establish a branch office or a liaison office or a project office or any other place of business in India shall submit an application in Form FNC (Annex C) to an Authorised Dealer Category-I bank who may, subject to the provisions of Regulation 5, grant approval as per the directions and/or guidelines issued by the Reserve Bank in this regard. In case no office is opened by the person resident outside India within six months from the date of approval letter, the approval for establishing the office in India shall be cancelled. In cases where the person resident outside India is not able to open the office within the stipulated time frame due to reasons beyond their control, the Authorised Dealer Category-I bank may consider granting extension of time for setting up the office by a further period of six months. Any further extension of time shall require the prior approval of the Reserve Bank in this regard. (d) Extension of the validity period for liaison office. - (I) A person resident outside India may establish in India under these Regulations a liaison office for a period of three years subject to the provisions of Regulation 4 d (III). The non-resident entity may apply to the Authorised Dealer Category-I bank concerned for extension of the validity period of approval, and upon receipt of such an application, the Authorised Dealer Category-I bank concerned may extend the validity period of approval for a period of three years from the date of expiry of the original approval / extension granted, subject to such directions issued by the Reserve Bank in this regard. (II) The application for extension of the validity period of the liaison office of banks and entities engaged in insurance business has to be directly submitted to the Department of Banking Regulation (DBR), Reserve Bank and the Insurance Regulatory and Development Authority (IRDA) respectively. (III) Entities engaged in construction and development sectors and which are Non-Banking Finance Companies are permitted to open a Liaison Office for two years only. No further extension would be considered for liaison offices of entities which are Non-Banking Finance Companies and those engaged in construction and development sectors (excluding infrastructure development companies). Upon expiry of the validity period, the offices shall have to either close down or be converted into a Joint Venture / Wholly Owned Subsidiary in conformity with the extant Foreign Direct Investment policy. (e) Additional offices. - A person resident outside India desiring to establish additional branch office or liaison office may submit to the Authorised Dealer Category-I bank a fresh FNC Form along with the justification for the need for additional office/s. (f) Project office. - (I) A foreign company may open project office/s in India provided it has secured from an Indian company, a contract to execute a project in India, and (i) the project is funded directly by inward remittance from abroad; or (ii) the project is funded by a bilateral or multilateral International Financing Agency; or (iii) the project has been cleared by an appropriate authority; or (iv) a company or entity in India awarding the contract has been granted term loan by a Public Financial Institution or a Bank in India for the Project. Explanation: For the purpose of this Regulation, (i) 'a bilateral or multilateral International Financing Agency' means the World Bank or the International Monetary Fund or similar other body. (ii) "Public Financial Institution" is a public financial institution as defined in Section 4A of the Companies Act, 1956. (II) A person from any country other than Pakistan who has been awarded a contract for a project by a Government Authority/ Public Sector Undertaking may open a bank account with an Authorised Dealer Category-I bank without any prior approval from the Reserve Bank. (g) Registration with State Police Authorities. - A person from Bangladesh, Sri Lanka, Afghanistan, Iran, China, Hong Kong or Macau opening a branch office or a liaison office or a project office or any other place of business in India shall have to register with the concerned State Police Authorities. Copy of approval letter for 'persons' from these countries shall be marked by the AD Category-I bank to the Ministry of Home Affairs, Internal Security Division-I, Government of India, New Delhi. (h) Fund/non-fund based facilities. - Authorised Dealer Category-I bank may extend fund and/or non-fund based facilities to branch office and project offices based on the guidelines issued by the Reserve Bank in this regard. (i) Remittance of profit or surplus. - (I) Branch office may remit outside India profit of the branch net of applicable Indian taxes, on production of the following documents to the satisfaction of the Authorised Dealer Category-I bank through whom the remittance is effected: (i) A certified copy of the audited Balance Sheet and Profit and Loss account for the relevant year. (ii) A Chartered Accountant's certificate certifying ### 1. the manner of arriving at the remittable profit; ### 2. that the entire remittable profit has been earned by undertaking the permitted activities and ### 3. that the profit does not include any profit on revaluation of the assets of the branch. (II) Authorised Dealer Category - I bank may permit intermittent remittances by project offices pending winding up / completion of the project subject to submission of the following: (i) certified copy of the final audited project accounts; (ii) the statutory auditor's certificate showing the manner of arriving at the remittable surplus and confirming that sufficient provisions have been made to meet the liabilities in India including Income Tax, etc.; and (iii) An undertaking from the project office that the remittance will not, in any way, affect the completion of the project in India and that any shortfall of funds for meeting any liability in India will be met by inward remittance from abroad. (j) Acquisition of property. - Acquisition of property by branch office/project office shall be governed by the guidelines issued under Foreign Exchange Management (Acquisition and transfer of immovable property outside India) Regulations. (k) Transfer of assets. - A person resident outside India permitted under these Regulations to establish a branch office or liaison office or project office may apply to the concerned Authorised Dealer Category-I bank for transfer of its assets to a Joint Venture/Wholly Owned Subsidiary or any other entity in India. Authorised Dealer Category-I bank shall be guided by the instructions laid down by Reserve Bank in this regard. (l) Annual Activity Certificate (AAC). - The branch office/liaison office may submit the Annual Activity Certificate (Annex D) as at the end of March 31 along with the audited financial statements including receipt and payment account on or before September 30 of that year. In case the annual accounts of the office are finalized with reference to a date other than March 31, the AAC along with the audited financial statements may be submitted within six months from the due date of the Balance Sheets to the Authorised Dealer Category-bank and the Director General of Income Tax (International Taxation), Drum Shape Building, I.P. Estate, New Delhi 110002. AAC from a Chartered Accountant showing the project status and certifying that the accounts of the project office have been audited and the activities undertaken are in conformity with the general/ specific permission given by the Reserve Bank may be submitted by the project office to the designated Authorised Dealer Category-I bank. (m) Closure of office and remittance of winding up proceeds. - I. Requests for closure of the branch office/liaison office may be submitted to the Authorised Dealer Category - I bank along with the following documents: (i) Copy of the Reserve Bank's/Authorised Dealer Category-I bank's approval for establishing the office. (ii) Auditor's certificate : ### 1. indicating the manner in which the remittable amount has been arrived at and supported by a statement of assets and liabilities of the applicant, and indicating the manner of disposal of assets; ### 2. confirming that all liabilities in India including arrears of gratuity and other benefits to employees, etc. of the office have been either fully met or adequately provided for; ### 3. confirming that no income accruing from sources outside India (including proceeds of exports) has remained unrepatriated to India. (iii) Confirmation from the applicant/parent company that no legal proceedings in any Court in India are pending against the office and there is no legal impediment to the remittance. (iv) A report from the Registrar of Companies regarding compliance with the provisions of the Companies Act, 2013, in case of winding up of the branch office/liaison in India. (v) Any other document/s, specified by the Reserve Bank/Authorised Dealer Category-I bank while granting approval. II. Remittance of winding up proceeds of branch or liaison office established in India shall be governed by the guidelines issued under Foreign Exchange Management (Remittance of assets) Regulations. ### 5. Approval of the Reserve Bank in certain cases for establishment of branch office, liaison office or project office or any other place of business in India. - Any application from a person resident outside for opening of a branch office or a liaison office or a project office or any other place of business in India shall require prior approval of Reserve Bank in the following cases where (a) the applicant is a citizen of or is registered/incorporated in Pakistan; (b) the applicant is a citizen of or is registered/incorporated in Bangladesh, Sri Lanka, Afghanistan, Iran, China, Hong Kong or Macau and the application is for opening a liaison, branch or project office in Jammu and Kashmir, North East region and Andaman and Nicobar Islands; (c) the principal business of the applicant falls in the four sectors namely Defence, Telecom, Private Security and Information and Broadcasting: [Provided that approval of the Reserve Bank of India is not required in case where Government approval or license/permission by the concerned Ministry/Regulator has already been granted. Further, in the case of proposal for opening a project office relating to defence sector, no separate reference or approval of Government of India shall be required if the said non-resident applicant has been awarded a contract by/entered into an agreement with the Ministry of Defence or Service Headquarters or Defence Public Sector Undertakings.] [Substituted by Notification No. G.S.R. 40(E) , dated 21.1.2019 (w.e.f. 31.3.2016).] (d) [ the applicant is a Non-Government Organisation, Non-Profit Organisation, Body/Agency/Department of a foreign government. However, if such entity is engaged, partly or wholly, in any of the activities covered under Foreign Contribution (Regulation) Act, 2010 (FCRA), they shall obtain a certificate of registration under the said Act and shall not seek permission under this regulation.] [Substituted by Notification No. G.S.R. 827(E) , dated 31.8.2018 (w.e.f. 31.3.2016).] Such applications shall be forwarded to the Reserve Bank, Foreign Exchange Department, Central Office Cell, New Delhi by the Authorised Dealer Category-I bank and be considered in consultation with the Government of India. Format of the Letter of Comfort [See Regulation 4 (a) ] The Authorised Signatory, (Address of the Authorised Dealer Category-I bank) Dear Sir, Sub: Application for establishment of branch / liaison office in India by our subsidiary / group company, M/s\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ You may kindly refer to the application made by our subsidiary / group company, M/s\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_to your office for establishing branch / liaison office in India. ### 2. In this connection, we, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(the parent company/group company) undertake to provide the necessary financial support for our subsidiary / group company's operations as a branch / liaison office in India. Any liability that may arise due to the functioning of the branch/liaison office in India will be met by us (the parent company/group company), in case of inability on part of the branch/liaison office to do so. ### 3. We are also enclosing the financial background of our company in the form of our latest Audited Balance Sheet / Account Statement certified by a Certified Public Accountant. Yours faithfully, ( ) Authorised Representative of the parent company Annex B I --- [See Regulation 4 (b) ] Permitted activities for a branch office in India of a person resident outside India (i) Export/import of goods. (ii) Rendering professional or consultancy services. (iii) Carrying out research work in which the parent company is engaged. (iv) Promoting technical or financial collaborations between Indian companies and parent or overseas group company. (v) Representing the parent company in India and acting as buying/ selling agent in India. (vi) Rendering services in Information Technology and development of software in India. (vii) Rendering technical support to the products supplied by parent/group companies. (viii) Representing a foreign airline/shipping company. II ---- [See Regulation 4 (b) ] Permitted activities for a liaison office in India of a person resident outside India (i) Representing the parent company / group companies in India. (ii) Promoting export / import from / to India. (iii) Promoting technical/ financial collaborations between parent / group companies and companies in India. (iv) Acting as a communication channel between the parent company and Indian companies. Annex C Form FNC [See Regulation 4 (c) ] [This application form shall be completed and submitted to the AD Category-I bank designated by the applicant along with the documents mentioned in item (viii) of the Declaration.] Part I – {\| ------------- \|- \| No. \| Details \| Particulars \|- \| 1 \| i. Full name and address of the applicant ii. Date and Place of incorporation / registration iii. Telephone Number(s) iv. Fax Number(s) v. E-mail ID \| \|- \| 2 \| i. Details of capital ii. Paid-up capital iii. Free Reserves/Retained earnings as per last audited Balance Sheet/Financial Statement iv. Intangible assets, if any \| \|- \| 3 \| Brief description of the activities of the applicant \| \|- \| 4 \| i. Value of goods imported from and / or exported to India by the applicant during each of the last three years: a. Imports from India b. Exports to India ii. Particulars of existing arrangements if any, for representing the company in India. iii. Particulars of the proposed liaison/ branch office: a. Details of the activities/ services proposed to be undertaken/ rendered by the office b. Place where the office will be located c. Phone number d. E-mail ID e. Expected number of employees (with number of foreigners) \| \|- \| 5 \| i. Name and address of the banker of the applicant in the home country ii. Telephone & Fax Number iii. E-mail ID \| \|- \| 6 \| For Non-profit / Non-Government Organisations: i. Details of activities carried out in the host country and other countries by the applicant organisation ii. Expected level of funding for operations in India iii. Copies of the bye-laws, Articles of Association of the organization \| \|- \| 7 \| For project offices: i. Reference no. and date of letter awarding the contract ii. Particulars of authority awarding the project/contract iii. Total amount of contract iv. Address/e-mail/telephone number/fax number of the project office v. Tenure of project office vi. Nature of project undertaken \| \|- \| 8 \| Any other information which the applicant company wishes to furnish in support of this application. \| \|} Part II – Additional information to be submitted by applicants where Reserve Bank's approval is necessary under Regulation 5 of Notification No. FEMA 22 (R) /2016-RB dated March 31, 2016 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- I. Details in respect of Company/ Firm \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sr. No. \| Full name of the company \| Date of registration of the company \| Address of Head Office, Regional Office and Registered Office \| Previous name of the company if any \| Details of earlier approvals or rejections, if any, (ref. no. and date) \| Enclosed application for branch office/liaison office/project office prescribed by DEA \| II. Details in respect of Directors/Key Executives \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sr. No. \| Full name of Board of Directors and Key Executives (wherever applicable) \| Present position held with date (since when) \| Date of Birth \| Parentage \| Present and permanent address \| Nationality \| Passport Nos. and issue date \| Contact address and telephone number \| III. Details of shareholders of applicant company (all firms/companies/entities/individuals having shareholding more than 10 % ) \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sr. No. \| Full name \| Parentage Father/ Mother \| Date of birth \| Permanent address \| Present address \| Present position held \| Nationality (if holding dual nationality, both must be clearly mentioned) \| % of shares held in the company \| IV. Details of criminal cases, if any, against the company / Director (s) for which security clearance is sought (a) Name, address and registration number of the company : (b) Name and address of owners, promoters and directors of the company : ### 1. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 3. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 4. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (c) . Are the company owners, promoters or directors listed above, the subject of any ### 1. Preventive detention proceedings : Yes/No ### 2. Criminal proceedings : Yes/No (d) . If, Yes, please provide the following details ### 1. Detention/case/FIR/warrant number: ### 2. Police station/District/Agency : ### 3. Section of law : ### 4. Name and place of the court : (e) . The above mentioned details are in respect of both India and any foreign country. Declaration We hereby declare that: (i) The particulars given above are true and correct to the best of our knowledge and belief. (ii) Our activities in India would be confined to the activities indicated in column 4(iii) (a)/7 (vi) above. [We will not undertake either partly or fully, any activity that is covered under Foreign Contribution Regulation Act, 2010 (FCRA) and we understand that any misrepresentation made or false information furnished by us in this behalf would render the approval granted under the Foreign Exchange Management (Establishment in India of a branch office or liaison office or a project office or any other place of business) Regulations, 2016, automatically as void ab initio and such approval by the Reserve Bank shall stand withdrawn without any further notice.] [Inserted by Notification No. G.S.R. 827(E) , dated 31.8.2018 (w.e.f. 31.3.2016).] (iii) If we shift the office to another place within the city, we shall intimate the designated AD Category - I bank. In the event of shifting the office to any other city in India, prior approval of the AD Category-I bank will be obtained. (iv) We will abide by the terms and conditions that may be stipulated by the Government of India / Reserve Bank / designated AD Category - I bank from time to time. (v) We, hereby commit that we are agreeable to a report / opinion sought from our bankers abroad by the Government of India /Reserve Bank. (vi) We understand that the approval, if granted, is from FEMA angle only. Any other approvals / clearances, statutory or otherwise, required from any other Government Authority/ Department/ Ministry will be obtained before commencement of operations in India. (vii) We have no objection to the Reserve Bank placing the details of approval in public domain. (viii) We enclose the following documents: (a) Copy of the Certificate of Incorporation / Registration; Memorandum of Association and Articles of Association attested by the Notary Public in the country of registration. [If the original Certificate is in a language other than in English, the same may be translated into English and notarized as above and cross verified/attested by the Indian Embassy/ Consulate in the home country]. (b) Audited Balance sheet of the applicant company for the last three/ five years in case of branch office/liaison office respectively. [If the applicants' home country laws/regulations do not insist on auditing of accounts, an Account Statement certified by a Certified Public Accountant (CPA) or any Registered Accounts Practitioner by any name, clearly showing the net worth may be submitted] (c) Bankers' Report from the applicant's banker in the host country / country of registration showing the number of years the applicant has had banking relations with that bank. (d) Power of Attorney in favour of signatory of Form FNC in case the Head of the overseas entity is not signing the Form FNC. (Signature of Authorised Official of the Applicant Company) Name: Designation: Place: Date: Annual Activity Certificate (See Regulation 4(l) ] To whomsoever it may concern This is to certify and confirm that during the period from \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ to \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, the branch office/liaison office/ project office/s with PAN No. ---------------------- (wherever applicable) of M/s\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ , UIN-\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (wherever applicable) has/ have undertaken only those activities that have been specifically permitted by the Reserve Bank/ Authorised Dealer Category-I bank vide its approval letter/s No/s. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_dated \_\_\_\_\_\_\_\_\_\_\_\_\_\_and has/have complied with the terms and conditions specified in the above mentioned letter/s. If there is any change in address and other contact details, the same has been brought to the notice of the Authorised Dealer Category-I bank. For Project Office only ### 2. Project status: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 3. This is to certify that during the period from \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ to \_\_\_\_\_\_\_\_\_\_\_\_\_\_, no inter-project funds transfer has been carried out without prior approval of the Reserve Bank. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Signature of the Statutory Auditor/s) (Name of the Chartered Accountant) ICAI Membership No.: Address: Place: Date:
65b966bbab84c7eca86e9077	acts	State of Bihar - Act ---------------------- Bihar Buildings (Lease, Rent and Eviction) Control Rules, 1983 ---------------------------------------------------------------- BIHAR India Bihar Buildings (Lease, Rent and Eviction) Control Rules, 1983 ================================================================ Rule BIHAR-BUILDINGS-LEASE-RENT-AND-EVICTION-CONTROL-RULES-1983 of 1983 ------------------------------------------------------------------------- * Published on 24 October 1983 * Commenced on 24 October 1983 Bihar Buildings (Lease, Rent and Eviction) Control Rules, 1983 Published vide Notification No. G.S.R. 33, Bihar Gazette (extra-ordinary) dated the 24th October, 1983 G.S.R. 33 dated the 24th October, 1983. - The Governor of Bihar is pleased to rescind the Bihar Buildings (Lease, Rent and Eviction) Control Rules, 1982 published under notification G.S.R. 5 dated the 1st February, 1983 of the Food, Supply and Commerce Department and make in exercise of the powers conferred by the section 33 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (Bihar Act 4 of 1983) the following Rules namely : ### 1. These rules may be called the Bihar Buildings (Lease, Rent and Eviction) Control Rules, 1983. ### 2. In these rules unless there is anything repugnant in the subject or context.- (a) 'Act' means the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (b) 'Form' means a form appended to these Rules, (c) 'Section' means a section of the Act. ### 2A. [ [Inserted vide Notification No. UDD. 1501 dated 25.3.1988.] (1) Where there is more than one Controller, all the applications for determination of the fair rent shall be filed in the Court of the Sub-divisional Officer, who shall apportion such application between the Controllers. (2) The Collector of the district shall decide all matters relating to transfer of application for fixation of fair rent from the court of one Controller to the court of another Controller.] ### 2B. [ [Inserted vide Notification No. UDD. 1501 dated 25.3.1988.] (1) Where there is more than one Appellate Authority, all appeals shall be filed in the Court of Collector of the district, who shall apportion such appeals between Appellate Authorities. (2) The Commissioner of the Division shall decide all matters relating to transfer of appeal from the Court of one Appellate Authority to the Court of another Appellate Authority.] ### 3. (i) The Controller may determine the fair rent of a building either on the application by the landlord or by the tenant in possession of the building or on his own motion as also on the application of the landlord or prospective tenant. (ii) In determining the fair rent the Controller shall take into account the following factors:- (a) The prevailing rates of rent in the locality for the same or similar accommodation in similar circumstances at any time during the twelve months preceding the date of his order; (b) The increased cost of repairs required to be made in the building; (c) The amenities, general or special provided in the building; (d) The compound or the open land attached to the building; (e) The type of construction and the location of the building, and the nature of tenancy, i.e., whether it is for residential purpose or for business purpose, etc; (f) The municipal tax or corporation tax of the building; (g) Any lawful agreement entered into by the landlord and the tenant. (iii) The Controller in determining the fair rent shall follow the provisions of the Act and apply the rules in accordance with them and in case of any doubt or conflict the provisions of the Act shall invariably prevail in determining the fair rent. (iv) The Controller shall fix fair rent after due enquiry and after duly giving notice to the parties concerned and after providing them the opportunity of being heard. (v) If at any time after the first fixation of standard rent the market price of the land and the cost of construction increases by more than twenty-five per cent on the basis of the value of the land and the cost of construction estimated at the subsequent prevailing market rates, then the landlord shall be entitled to have the monthly rent increased by an amount not exceeding one-twelfth of the seven half per cent of the additional increase in the original market price of the land and the cost of construction from the date as may be determined in the manner prescribed subject to a maximum of fifty per cent of the original standard rent. (vi) If at any time after the standard rent is fixed under the provisions of the Act any addition, improvement or alteration (not being repairs) is effected at the landlord's expenses which was not taken into consideration in fixing the standard rent, then the landlord shall be entitled to have the monthly rent increased by an amount not exceeding one-twelfth or seven-half percent per annum of the cost of such addition, improvement or alteration with effect from the date on which the addition, improvement or alteration was completed. ### 4. (i) Whenever it is necessary to evict any person under sub-section (2) of section 11 from a building vacated by a servant of the Government; the District Magistrate shall cause a notice in Form I to be served on such person directing him to vacate the building or to show cause, within a period of seven days from the date of service of the notice why he shall not be evicted from the building. (ii) Such notice shall be served by tendering and delivering a copy thereof to the person concerned or, where such person cannot be readily found, by tendering and delivering of a copy thereof to any adult male member of the family, who is residing with such person. Explanation. - A servant is not a member of the family within the meaning of this rule. (iii) Where the serving officer tenders and delivers a copy of the notice under sub-rule (ii) to the person concerned or to any other adult male member of the family on his behalf, he shall require the signature of the person to whom the copy is so tendered and delivered with an acknowledgement of service endorsed on the original notice. (iv) Where the person or such other person as aforesaid to whom a copy of the order to be served is tendered under sub-rule (2) refuses to sign the acknowledgement as required by sub-rule (3), or where the serving officer, after using due and reasonable diligence, cannot find the person and the order cannot be served without undue delay, the order shall be serviced by affixing a copy thereof to any conspicuous part of the building to which it relates or in such manner as the District Magistrate may deem fit in the circumstances of the case. (v) Notwithstanding anything contained in this rule, the order may, if the District Magistrate so directs, be served by a registered post with acknowledgement due. (vi) If the person occupying the building fails to vacate the building or to show cause to the satisfaction of the District Magistrate, within the period specified in the notice, the District Magistrate may evict such person from the building and may, for that purpose, use such force, as may be necessary. ### 5. (i) Where any rent lawfully payable by a tenant in respect of any building is to be deposited under section 13 of the Act, he may, after giving a week's notice to the parties concerned, deposit in the local treasury under the Head "P-Deposit and Advance-Departmental and Judicial Deposits-Civil Deposits-Revenue Deposits, etc. - Rent Deposits under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982" ultimately payable to the landlord, to the credit of the Controller the full amount of the rent due in respect of that building on the date of such deposit, and shall file before the Controller a copy of the treasury challan showing the amount deposited together with a statement duly signed by him containing particulars of the building, the rent thereof, the period for which the rent has been deposited, the name and address of the person to whom the rent was last paid by the tenant and of the person now claiming to receive the same and recital of the circumstances under which the deposit is made : Provided that the Controller may, from time to time, require the tenant to furnish additional particulars. (ii) On receipt of the statement and treasury challan under sub-rule (1), the Controller shall serve the person or persons named in such statement or in his or their absence on any adult member in his or their families, a notice of the same and fix a date on or before which the amount of rent deposited may be withdrawn by the person or persons entitled to receive the same according to the decision of a competent court or according to any agreement between the parties : Provided that any notice required to be served under this rule, in the absence of such person or persons or any adult member of his or their families, be served affixing to the usual or last known residing place of such person or persons : Provided further that the Controller may extend the date for withdrawal of the deposit. (iii) On receipt of the notice, the person or persons claiming to receive the rent may, at any time before the expiry of the date fixed under sub-rule (2) or extended under the proviso to that rule, apply to the Controller for the payment to him or them of the sum deposited under sub-rule (1) or prefer any objection in regard to the deposit made by the tenant. (iv) On receipt of the application under sub-rule (3) the Controller may- (i) order the payment of the sum deposited to the person entitled to it on the production of a certified copy of the decision of a competent court or a deed signifying the agreement between the parties; or (ii) fix a date for hearing the objection. (v) When the Controller had fixed a date for hearing the objection under the preceding sub-rule, he shall give a reasonable opportunity to the parties to be heard and after considering the evidence placed before him and holding such enquiry as he considers necessary, pass such order as he thinks fit. ### 6. Every tenant, who makes a payment on account of rent to his landlord shall be granted a receipt under section 20 of the Act in Form II. ### 7. Any application to the Commissioner for revision of an order passed by the Controller or by appellate authority on appeal under this Act shall be preferred within fifteen days of the date of the passing of that order after deducting the time occupied in obtaining a copy of the order: Provided that the Commissioner may entertain the application for revision after the expiry of the said period of fifteen days, if he is satisfied that the applicant was prevented by sufficient cause from filing the application in time. ### 8. (i) Any person affected by an order of the Controller or of appellate authority on appeal, or of the Commissioner in revision passed under this Act shall be supplied under section 29 of the Act with a copy thereof, duly certified by the Controller, the appellate authority or the Commissioner as the case may be, on application to the authority concerned.The application for ordinary copy or urgent copy of the fee shall bear adhesive court fee stamps of the value as prescribed by Civil Court Rules framed by the High Court with respect to fee leviable for ordinary copy or urgent copy or searching fee, shall be levied in all cases : Provided that no searching fee shall be levied when papers for which copies are required, have not been deposited in the record room of the Collectorate or of the Commissioner. (ii) On receipt of the application the party shall be informed of the court-fee stamps required under the provision of sub-rule (iii), for the supply of the copy. On payment of the requisite amount of court-fee stamps by the party a certified copy of the order shall be prepared and granted to him. (iii) The court-fee stamps required for the supply of the copy shall be the same as chargeable under Civil Court Rules framed by Patna High Court for such copies. Form I (See Rule 4) The Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 Notice Whereas the building described in the schedule below is proposed to be vacated under the provision of sub-section (2) of Section 11 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982. Now, therefore, in exercise of the powers conferred by sub-rule (1) of rule 4 of the Bihar Buildings (Lease, Rent and Eviction) Control Rules, 1983, I hereby direct- (a) ..............person/persons unauthorisedly in occupation of the building to vacate the building, or to show cause to the undersigned within a week from the date of the service of this notice why he shall not be evicted from the said building. Schedule ---------- (Particulars of the Building) District Magistrate Form II \| \| \| \| --- \| --- \| \| Form of Receipts Under Section 20 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 \| Form of Receipts Under Section 20 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 \| \| Landlord's Counterfoil \| Receipt Issued to the Tenant \| \| Received from....................... a resident of.................. the sum of Rs. ........... being the rent of the building as per particulars given below : \| Received from............................ a resident of.................. the sum of Rs. ............ being the rent of the building as per particulars given below : \| \| {\| \| \| Name of the tenant. \| Holding no. of the building. \| Area in which the building is situated. \| Rent paid by the tenant. \| Period for which rent is paid by the tenant \| Remarks \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Name of the tenant. \| Holding no. of the building. \| Area in which the building is situated. \| Rent paid by the tenant. \| Period for which rent is paid by the tenant \| Remarks \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| \| \| \| \| \| \| \| \|- \| Signature of the landlord or his agent. \| Signature of the landlord or his agent. \|- \| \| \| \| \| --- \| --- \| \| Date............Place........... \| Address......... \| \| \| \| \| \| --- \| --- \| \| Date............Place........... \| Address......... \| \|}
65ba1d50ab84c7eca86eaa45	acts	State of Maharashtra - Act ---------------------------- The Maharashtra Local Fund Audit Act, 1930 -------------------------------------------- MAHARASHTRA India The Maharashtra Local Fund Audit Act, 1930 ============================================ Act 25 of 1930 ---------------- * Published in Gazette 25 on 17 September 1930 * Assented to on 17 September 1930 * Commenced on 17 September 1930 The Maharashtra Local Fund Audit Act, 1930 [17th September, 1930] (Act no. 25 of 1930) An Act to provide for and regulate the audit of the local funds under the management or control of certain local authorities in the State of Maharashtra. WHEREAS it is expedient to provide for and regulate the audit of the local funds under the management or control of certain local authorities in the State of Maharashtra in manner hereinafter appearing ; It is hereby enacted as follows :— ### 1. Short title This Act may be called the Maharashtra Local Fund Audit Act. ### 2. Extent. This Act extends to the whole of the State Maharashtra. ### 3. Definitions. (1) In this Act, unless there is anything repugnant in the subject or context— (a) “Auditor” means the Director or any other person empowered by the State Government to perform the functions of an auditor under this Act; (aa) “Chairman” means in the case of a Municipal Corporation, the Municipal Commissioner of the concerned Corporation, and in case of the Municipal Councils, Nagar Panchayats and Industrial Townships constituted under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, the Chief Officer of the respective Municipal Council or Nagar Panchayat, as the case may be, and in respect of the Industrial Townships, the Chief Executive Officer of the respective Industrial Township; in the case of Zilla Parishad or Panchayat Samiti constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, the Chief Executive Officer as defined in that Act, and in the case of any other local authority, the president or chairman thereof; and includes in the case of a dissolved or superseded local authority, the persons lawfully appointed, to exercise the powers and perform the duties of such local authority; (aaa) “Director” means the Director, Local Fund Accounts Audit and includes the Joint Director, Local Fund Accounts Audit, the Deputy Director, Local Fund Accounts Audit and the Assistant Director, Local Fund Accounts Audit; (ab) “Detailed audit” means an audit of accounts for the whole year ; (c) “Local authority” means a local authority as defined in clause (26) of section 3 of the Bombay General Clauses Act, 1904, and includes a school board constituted under the Bombay Primary Education Act, 1947 and a Panchayat Samiti constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961; (d) “Local Fund” means any fund to the control or management of which a local authority is legally entitled and includes the proceeds of any cess, rate, duty or tax which such authority is legally entitled to impose, and any property, vested in such authority; (e) “Special Audit” means an audit of accounts pertaining to a specified item or series of items requiring thorough examination. (2) On the commencement of the Bombay Local Fund Audit (Extension and Amendment Act, 1960, any reference to the examiner of Local Fund Accounts or the Assistant Examiner of Local Fund Accounts in any rule, requisition or order made under this Act, or in any other law for the time being in force, or in any instrument or document, shall be construed as a reference to the Director, Local Fund Accounts Audit, the Joint Director, Local Fund Accounts Audit or, as the case may be, the Assistant Director, Local Fund Accounts Audit. ### 4. Liability of local authorities to submit their accounts for audit. The accounts of any local authority whose accounts are declared by the State Government, by a notification in the Official Gazette to be subject to audit under this Act shall, notwithstanding anything contained in any enactment by which such local authority is constituted or in any rules made thereunder, be subject to audit in all respects in the manner provided by or under this Act. ### 5. Accounts to be submitted for audit at such period or periods as may be required. The Chairman of every local authority, whose accounts are declared under section 4 to be subject to audit under this Act, shall present or cause to be presented for audit all accounts of its local fund in the manner and form prescribed by rules under section 15 to the auditor yearly or at such period or periods as may be required by the Commissioner. ### 6. Power of auditor to require production of documents and attendance of persons concerned, etc. (1) For the purpose of any audit under this Act, an auditor may— (a) require in writing the production at the head office of the local authority of such vouchers, statements, returns, correspondence, notes or other documents in relation to the accounts as he may think fit; (b) require in writing any salaried servant of the local authority accountable for, or having the custody or control of such vouchers, statements, returns, correspondence, notes or other documents or any person having directly or, indirectly, by himself or his partner, any share or interest in any contract with or under the local authority to appear in person before him at the head office of the local authority, answer any question ; (c) in the event of an explanation being required from the Chairman or other honorary officer or member of a local authority, in writing invite such person to meet him at the head office of the local authority and shall in writing specify the point on which his explanation is required. (2) The auditor may, in any requisition or invitation made under sub-section (1), fix a reasonable period within which the said requisition or invitation shall be complied with. (3) The auditor shall give to the local authority not less than two weeks notice in writing of the date on which he proposes to commence the audit : Provided that, notwithstanding anything contained in this sub-section, the auditor may, for special reasons which shall be recorded in writing, give shorter notice than two weeks or commence special or detailed audit on the authority of the State Government, Commissioner or Director without giving notice. ### 7. Penalty for disobeying requisition under section 6. (1) Any person who wilfully neglects or refuses to comply with any requisition lawfully made upon him under clause (a) or clause (b) of sub-section (1) of section 6 shall be liable on conviction before a Magistrate, to a fine which may extend to twenty five thousand rupees: Provided that no proceedings under this section shall be instituted except on the written sanction of the Commissioner: Provided further that before giving such sanction the Commissioner shall call upon the person against whom the proceedings are to be instituted to show cause why the sanction should not be given. (2) No Court inferior to that of a Magistrate of the first class shall try any offence against this Act. ### 8. Audit report to be sent to certain officers and bodies as Government may direct. As soon as practicable after the completion of the audit, but not later than three months thereafter, the Director shall prepare a report on the accounts audited and examined and shall send such report to the local authority concerned and copies thereof to such officers and bodies as the State Government may direct. ### 9. Audit report what to contain. The Director shall include in his report a statement of— (Part I) - Serious Irregularities (a) every payment which appears to him to be contrary to law, (b) the amount of any deficiency or loss which appears to have been caused by the gross negligence or misconduct of any person, irregularity in awarding contracts, decisions, causing revenue loss and financial losses caused by policy decisions, (c) the amount of any sum received which ought to have been but is not brought into account by any person, and (Part II) — Other Irregularities— (d) any material impropriety or irregularity which he may observe in the accounts other than those mentioned in clauses (a), (b) and (c) above. ### 10. Local authority to remedy defects. Producere to be followed after report of the Cheif Auditor under section 8. (1) On receipt of a report under section 8, the Chairman shall remedy any defects or irregularities which may have been pointed out in the report, and shall place the report, together with a statement of the action taken or proposed to be taken thereon and an explanation in regard thereto before a meeting of the local authority. He shall also within four months of the receipt of the report, send to the Director intimation of his having remedied the defects or irregularities, if any, pointed out in the report or shall within the said period, supply the Director any further explanation in regard to such defects or irregularities as the local authority may wish to give. (2) On receipt of such intimation or explanation the Director may, in respect of all or any of the matters discussed in his report, (a) accept the intimation or explanation given by the Chairman and withdraw the objection, or (b) direct that the matter be re-investigated at the next audit or at any earlier date, or (c) hold that the defects or irregularities pointed out in the report or any of them have not been removed or remedied. (3) The Director shall send a report of his decision to the Commissioner within one month of the date of the receipt by him of the intimation or explanation of the Chairman referred to in sub-section (1) or in the event of the Chairman failing to give such intimation or explanation, on the expiry of the period of four months mentioned in the said sub-section and shall forward to the chairman a copy of such report specifying therein in particular the portions thereof to be published under sub-section (4). If the Director holds that any defects or irregularities have not been removed or remedied he shall state in the report whether, in his opinion, the defects or irregularities can be regularised and if so, by what method; and if they do not admit of being regularised, whether they can be condoned and if so, by what authority. He shall also state whether the amounts to which, the defects or irregularities relate should, in his opinion, be surcharged or charged : Provided that in the case of reports on the accounts of school boards and of such local authorities as are specially notified by the State Government in this behalf the report referred to in this sub-section shall be sent by the Chief Auditor to the head of a department or such other officer as the State Government may direct, specifying in the report in particular the portions thereof to be published under sub-section (4) . Such officers shall take such action as may be necessary regarding any defects or irregularities falling under clause (c) of sub-section (2) which may have been brought to notice in the report. If he is of the opinion that the amounts to which any such defects or irregularities relate should be surcharged or charged he shall forward the report to the Commissioner together with his recommendation in that behalf : Provided further that, where the amount involved in any defect or irregularity to which objection has not been withdrawn under clause (a) of sub-section (2),— (i) does not exceed five hundred rupees, the Joint Director, Local Fund Accounts Audit or the Assistant Director, Local Fund Accounts Audit; (ii) does not exceed one thousand rupees, the Director, Local Fund Accounts Audit, may, if he considers that it ought to be condoned, condone such defect or irregularity. On such condonation, however, the officer concerned shall make a note to that effect in his report. (4) The local authority concerned shall publish in its next administration report, such portions of the report under section 8 as deal with defects and irregularities falling under clause (c) of sub-section (2), together with the explanation thereof, if any, given under sub-section (1) and the final report of the Director thereon under sub-section (3). Such report of defects and irregularities, explanation and final report shall be open to the inspection of the public at the office of the local authority for a period of one month from the date of their receipt and shall also be published in Marathi in such newspaper circulating within the jurisdiction of the local authority as may be selected by the local authority, within one month of the receipt by it of the copy of the report sent to the Commissioner under sub-section (3) : Provided that — (i) a local authority (not being a Zilla Parishad, Panchayat Samiti or a Municipal Council for “C” Class Municipal area within the meaning of the Maharashtra Municipal Act, 1965) whose annual income is less than Rs. 1,00,000 but exceeds Rs. 50,000 may, instead of so publishing the whole of such report of defects and irregularities, explanation and final report in such newspaper, publish in such newspaper a summary thereof in Marathi, and (ii) a local authority whose annual income is Rs. 50,000 or less, a Zilla Parishad, Panchayat Samiti, or a Municipal Council for such “C” Class Municipal area may, instead of so publishing such report of defects and irregularities, explanation and final report in the newspaper, publish the same by affixing a copy thereof at its office and at such other conspicuous places within its limits as it may think fit, and by inserting a notice in Marathi in such newspaper that the copy has been affixed for inspection of the public accordingly. (5) If the Chairman fails to give the intimation or explanation referred to in sub¬section (1) within the period therein mentioned the Director shall bring the fact to the notice of the Commissioner. Thereupon, the Commissioner may publish in Marathi in any newspaper circulating within the jurisdiction of the local authority such portion of the 4Director’s report under section 8 as may be specified by the Director or as the Commissioner may select, together with any observations which the Commissioner may make on such report. The cost of such publication shall be fortwith paid by the local authority concerned. If the cost is not so paid, the Commissioner may make an order directing any person, who for the time being has custody of any moneys on behalf of the local authority, as its officer, treasurer, banker or otherwise, to pay the amount of such cost from such moneys as he may have in his hands or may, from time to time, receive, and such person shall be bound to obey such order. Every payment made pursuant to such order shall be a sufficient discharge to such person from all liability to the local authority in respect of any amount paid by him out of the moneys of the local authority so held by him: Provided that, the Commissioner may— (i) in the case of a local authority referred to in clause (i) of the proviso to sub-section (4), publish a summary of such report of defects and irregularities, explanations and the final report in Marathi in any such newspaper, and (ii) in the case of a local authority referred to in clause (ii) of the proviso to sub-section (4) cause a copy of such report of defects and irregularities, explanations and final report to be kept at such conspicuous place within the limits of the local authority as he may think fit, and a notice to be published in such newspaper that such copy has been kept for inspection of the public accordingly. (5A) If a local authority fails to comply with any of the provisions of sub-section (4) , the Commissioner may cause the relevant reports and explanations or summaries thereof to be published in accordance with the provisions of sub-section (5), so far as they may be applicable, as if there had been a failure to give the intimation or explanation required by sub-section (1), and the provisions of sub-section (5) shall apply also for recovery of costs of such publication by the Commissioner. (6) Nothing in this section in section 9 shall preclude the Director at any time from bringing to the notice of the Commissioner, for such action as the Commissioner may consider necessary, any information which appears to the Director to support a presumption of criminal misappropriation or fraud 8or which in his opinion deserves special attention or immediate investigation. ### 11. Commissioner to surcharge or charge illegal payment or loss caused by gross negligence or misconduct. (1) The Commissioner, after considering the recommendation of the Director under sub-section (3) of section 10, or the head of the department, or other officer, under the first proviso to that sub-section, as the case may be, and after taking the explanation of the person concerned, or making such further inquiry, as he may consider necessary, disallow any item which appears to him to be contrary to law and surcharge the same on the person making, or authorising the making of, the illegal payment; and may charge against any person responsible therefor the amount of any deficiency or loss caused by the gross negligence or misconduct of that person, or, any sum received which ought to have been but is not brought into account by that person ; and shall, in every such case, certify that amount due from such person : Provided that no order of surcharge or charge shall be made under this Act in respect of any item included, or, which ought to have been included in, but was omitted from, any accounts for any period— (i) in the case of a local authority in the Bombay area of the State, prior to the 1st April 1930 ; (ii) in the case of any local authority in the Vidarbha region, prior to the 8th October 1932 ; and (iii) in the case of any other local authority prior to the 1st April 1960 : Provided further that in making an order of such surcharge or charge in respect of any expenditure incurred by any Zilla Parishad or any Panchayat Samiti on any item which appears to the Commissioner to be contrary to law, the Commissioner shall not question the propriety of the expenditure incurred by the Zilla Parishad or any Panchayat Samiti or any of its officers in the exercise of the powers purported to be conferred on it or him under such law. (2) The Commissioner shall state in writing the reasons for his decision in respect of every surcharge or charge and shall send by registered post a copy thereof to the person against whom it is made. (3) If a person to whom a copy of the Commissioner’s decision is sent under sub¬section (2) refuses to take delivery thereof he shall be deemed to have duly received it on the day on which it was refused by him. (4) If the Commissioner after considering the recommendation of the Director under sub-section (3) of section 10, or of the head of the department or other officer under the first proviso to sub-section (3) of section 10, as the case may be, and after obtaining the explanation of the person concerned, or making such further enquiry as he may consider necessary, decides not to proceed further in the matter, he may waive the objection after recording his reasons therefor, and shall communicate the same to the Director or the head of the department or other officer, as the case may be. The Commissioner shall complete the above procedure within 6 months from the date of receipt of proposal. ### 12. Recovery of surcharges and charges how made. (1) Every sum certified by the Commissioner to be due from any person under sub-section (1) of section 11 shall be paid by such person into the treasury or bank in which the funds of the local authority concerned are lodged, within one month from the receipt by him of the decision of the Commissioner, unless within that time such person has applied to the Court or to the State Government as provided in section 13. (2) The said sum, if not duly paid or if an application has been made to the Court or to the State Government against the decision of the Commissioner as provided in sub-section (1) of section 13, such sum as the Court or the State Government shall declare to be due, shall be recoverable as an arrear of land revenue. ### 13. Application against order of surcharge or charge. (1) Any person aggrieved by any order of surcharge or charge made by the Commissioner under sub-section (1) of section 11 may, within one month from the receipt by him of the decision of the Commissioner, either— (a) apply to the District Court to set aside such order; and the Court after taking such evidence as it thinks necessary, may confirm, modify it or remit such surcharge or charge and make such orders as to costs as it thinks proper in the circumstances; or (b) in lieu of such application apply to the State Government which shall pass such orders thereon as it thinks fit. (2) The authority hearing the application may, if it thinks fit, stay all proceedings on the certificate pending disposal of the application. ### 14. Expenses in respect of requisition of auditiors to be payable out of local fund. All expenses incurred by a local authority in complying with any requisition of an auditor under sub-section (1) of section 6 shall be payable out of its local fund. ### 15. Rules. (1) The State Government may, by notification in the Official Gazette, make rules not inconsistent with this Act, for the purpose of carrying into effect the provisions of this Act: Provided that, the State Government may under this section, make rules generally for all local authorities, or especially for any class of local authorities, regard being had to the special or local circumstances prevailing in or in relation to the area of the local authority or authorities concerned, or for other reasons which shall be specified; and the State Government may also for the like reason exempt any class of local authorities from any of the provisions of the general rules. (2) In particular, and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely :— (a) the manner and form in which the accounts of a local authority, whose accounts are subject to audit under this Act, shall be kept and presented ; (b) the powers and duties of auditors and the procedure to be followed by them for conducting an audit and the times at which such audit may be conducted ; and (c) the manner in which all matters required to be published under this Act shall be published. (3) The making of rules under this section shall be subject to the condition of previous publication. All rules made under this section shall be laid for not less than thirty days before each House of the State Legislature as soon as possible after they are made, and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid, or the session immediately following. ### 16. Amendments in Bom. III of 1901, Bom. VI of 1923 and Bom. XVIII of 1925. \\\* ### 17. Repeal of C. P. and Berar IX of 1933 and saving On the commencement of this Act in the Vidharbha region of the State, the Central Provinces and Berar Local Fund Audit Act, 1933, in its application to that region, shall stand repealed : Provided that, such repeal shall not affect— (a) the previous operation of the Act so repealed ; or (b) the right or liability acquired or incurred under the Act so repealed ; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any of the provisions of the Act so repealed; or (d) any investigation, legal proceeding or remedy in respect of any such right, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not commenced : Provided further that, subject to the preceding proviso, anything done or any action taken (including any appointment or delegation or report made, notification, order, instruction or direction issued, rule framed, certificate obtained or permission granted) 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, and shall continue to be in force accordingly, unless and until supersed by anything done or action taken under this Act. ### 18. Provisions of this Act to apply in addition to any other law relating to audit of accounts of local authorities. The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force providing for audit of the accounts of any local authority.
65b992f0ab84c7eca86e9605	acts	State of Meghalaya - Act -------------------------- William Carey University Act, 2005 ------------------------------------ MEGHALAYA India William Carey University Act, 2005 ==================================== Act 13 of 2005 ---------------- * Published on 13 July 2005 * Commenced on 13 July 2005 William Carey University Act, 2005 Meghalaya Act No. 13 of 2005 Last Updated 19th February, 2020 [Dated 13th July, 2005] As passed by the Meghalaya Legislative Assembly [Received the assent of the Governor on the 6th July, 2005] [Published in the Gazette of Meghalaya Extraordinary issued dated 13th July, 2005.] No. LL.(B) 11/2005/50. - The William Carey University Act, 2005 (Act No. 13 of 2005 ) is hereby published for general information. An Act to establish and incorporate University in the State, with emphasis on providing high quality and industry relevant education in the areas of Management. IT, Bio-technology, Education, Environment and other scientific study and research sponsored by ACTS Academy of Higher Education affiliated to ACTS Ministries, Bangalore, India and to provide to matters connected therewith or incidental thereto. Be it enacted by the Legislature of the State of Meghalaya in the Fifty-sixth Year of the Republic of India as follows :- Chapter 1 Preliminary -------------------------- ### 1. Short title and Commencement. (1) This Act may be called William Carey University Act, 2005. (2) It shall be deemed to have come into force on the date of notification issued by the State Government. ### 2. Definitions. - In this Act, unless the context otherwise indicates : (i) "Academic Council" means the Academic Council of the University; (ii) "Act" means the William Carey University Act, 2005; (iii) "ACTS" means acronym for Agriculture, Crafts Trades and Studies; (iv) "Adjunct Campuses" means campus or campuses which are attached to the University in addition to the main campus; (v) "AICTE" means the All India Council for Technical Education established under Section 3 of the All India Council for Technical Education Act, 1987; (vi) "Affiliated College" means a college or an institution which is affiliated to the University in accordance with the guidelines issued by the UGC; (vii) "Annual Report" means the Annual report of the University as explained in Section 44 of the Act; (viii) "Board of Governors" means the Board of Governors of the University as explained in Section 20 of the Act; (ix) "Board of Management" means the Board of Management of the University as explained is Section 21 of the Act; (x) "Chancellor" means Chancellor of the University as explained in Section 13 of the Act; (xi) "Constituent College" means a college or an institution maintained by the University; (xii) "DCF" means Dental Council of India; (xiii) "DEC" means Distant Education Council; (xiv) "Development Fund" means the Development Fund of the University as explained in Section 42 of the Act; (xv) "Distance Education System" means the system of imparting education through any means of information technology and communication such as multimedia, broadcasting, telecasting, online over internet, other interactive methods, e-mail, internet, computer, interactive talk-back, e-learning, correspondence course, seminar, contact program or a combination of any two or more of such means; (xvi) "Endowment Fund" means Endowment fund of the University as explained in Section 40 of the Act; (xvii) "Employee" means employee appointed by the University, and includes teachers and other staff of the University or of a constituent college; (xviii) "Faculty" means faculty of the University; (xix) "Finance Officer" means Finance Officer of the University as explained in Section 17 of the Act; (xx) "General Fund" means General Fund of the University as explained in Section 41 of the Act; (xxi) "INC" means Indian Nursing Council; (xxii) "MCI" means Medical Council of India; (xxiii) "NCTE" means National Council for Teachers Education; (xxiv) "Prescribed" means prescribed by the Statutes; (xxv) "Principal" in relation to a constituent college, means the Head of the constituent college and incudes, where there is no Principal, the Vice-Principal or any other person for the time being appointed to act as Principal; (xxvi) "Regional Center" means a center established or maintained by the University for the purpose of co-ordinating and supervising the work of Study Centres in any region and for performing such other functions as may be conferred on such center by the Board of Management in accordance with the guidelines issued by the UGC; (xxvii) "Registrar" means Registrar of the University as explained in Section 16 of the Act; (xxviii) "Rules" means the Rules of the University; (xxix) "Sponsor" means the ACTS Academy of Higher Education, which is affiliated to ACTS Ministries, Bangalore, India; (xxx) "State" means the State of Meghalaya; (xxxi) "State Government" means the State Government of Meghalaya; (xxxii) "Statutes" means the Statutes of the University; (xxxiii) "Study Centre" means a center established maintained or recognized by the University for the purpose of advising counselling or for rendering any other assistance including training, conducting contact classes and administering examinations required by the students in accordance with the guidelines issued by the UGC; (xxxiv) "Teacher" means a Professor, Associate Professor, Assistant Professor/Lecturer or such other persons as may be appointed for imparting instruction or conducting research in the University or in a constituent college or institution and includes the Principal of a constituent college or institution, in conformity with the norms prescribed by the UGC; (xxxv) "UGC" means the University Grants Commission established under the University Grants Commission Act, 1956; (xxxvi) "University" means the William Carey University, established under this Act; and (xxxvii) "Vice-Chancellor" means Vice-Chancellor of the University as explained in Section 14 of the Act; (xxxviii) "Visitor" means the Visitor of the University as explained in Section 12 of the Act; Chapter 2 The University and its Objects --------------------------------------------- ### 3. Proposal for the establishment of the University. (1) The Sponsor shall have the right to establish the University in accordance with the provisions of this Act and the guidelines issued by the UGC. (2) An application containing the proposal of establish a University shall be made to the State Government by the Sponsor. (3) The proposal may contain the following particulars, namely- (a) The objects of the University along with the details of the Sponsor; (b) The extent and status of the University and the availability of land; (c) The nature and type of programs of study and research to be undertaken in the University during a period of the next five years; (d) The nature of faculties courses of study and research proposed to be started; (e) The campus development such as buildings, equipment and structural amenities; (f) The phased outlays of capital expenditure for a period of the next five years; (g) The item-wise recurring expenditure sources of finance and estimated expenditure for each student; (h) The scheme for mobilizing resources and the cost of capital thereto and the manner of repayments to each source; (i) The scheme of generation of funds internally through the recovery of fee from students, revenues anticipated from consultancy and other activities relating to the objects of the University and other anticipated incomes; (j) The details of expenditure on unit cost, the extent of concessions or rebates in fee, freeship and scholarship for students belonging to economically weaker sections and the fee structure indicating varying rate of fee, if any, that would be levied on non-resident Indians and students of other nationalities; (k) The history and credentials of the sponsor including years of experience and expertise in the concerned discipline at the command of the Sponsor as well as the financial resources; (l) The system for selection of students to the courses of study at the University; (m) Status of fulfilment of such other conditions as may be required by the State Government to be fulfilled before the establishment of the University. (n) Nature and types of its partnership and affiliations; and (o) Such other conditions as may be required by the State Government to be fulfilled before the establishment of the University. ### 4. Establishment of University. (1) Where the State Government, after such inquiry as it may deem necessary, is satisfied that the Sponsor has fulfilled the conditions specified in sub-section (2), of Section 3, it may direct the Sponsor, to establish an Endowment Fund in accordance with the guidelines issued by the UGC. (2) After the establishment of the Endowment Fund, the State Government may, by notification in the Official Gazette, accord sanction for establishment of the University in accordance with the guidelines issued by the UGC. (3) The headquarters of University shall be at Shillong and it may have campuses or Regional Centres, Study Centres anywhere in India and abroad with prior approval of the UGC, the respective State Governments, the Government of India and the Government of the Host Country as the case may be: Provided that after the development of the main Campus and after 5 years of its coming into existence the University obtains permission from the UGC to set up such off-Campus Centre(s) and/or Study Centre(s) and/or regional centres and /or off-shore campuses. (4) The Chancellor, the Vice-Chancellor, members of the Board of Governors, members of the Board of Management and the Academic Council for the time being holding office as such in the University so established, shall constitute a body corporate and can sue and be sued in the name of the University. (5) On the establishment of the University under sub-section (2), the land and other movable and immovable properties acquired, created, arranged or built by the University for the purpose of the University in the State of Meghalaya shall vest in the University. (6) The land, building and other properties acquired for the University shall not be used for any purpose, other than that for which the same is acquired. ### 5. University not to be entitled to financial assistance. - The University shall be self-financing and shall neither make a demand nor shall be entitled to any grant in-aid or any other financial assistance from the State Government or any other body or corporation owned or controlled by the State Government. ### 6. Constituent Colleges and Affiliated Colleges. (1) The University may have constituent colleges, Regional Centers and Study Centres subject to the conditions specified in Section 4 sub-section 3 and in accordance with the guidelines issued by the UGC. (2) The University may with the prior approval of the Board of Governors, affiliate any college or other institution in accordance with the guidelines issued by the UGC. ### 7. Objectives of the University. - The objectives for which the University is established are as follows : (a) To provide instruction, teaching, training and research in selected fields of professional development and make provisions for research, advancement and dissemination of knowledge therein with focus on the development of North East in general, and Meghalaya in particular; (b) To establish a campus in the State of Meghalaya, and to have study centers, campuses and examination centers at different places in India and abroad in accordance with the guidelines issued by the UGC; (c) To offer class room and field oriented campus based programmes in various fields of professional education such as Management, IT, Bio-technology, Education, Environment and other scientific study and research; (d) To offer programs of study for continuing and through the distance education mode by formal and non-formal methods of international quality; (e) To institute degrees, diplomas, charters, certificates and other academic distinctions on the basis of examination, or any other method of evaluation in keeping with professional requirements and for recognition of merit ad competence; (f) To collaborate with other colleges or universities, research institutions, industry associations corporate and business houses, like-minded associations, church bodies, professional associations including the International Council for Higher Education or any other organization, in India or abroad, to conceptualize, design and develop specific educational and research programs, training programs and exchange programs for students, faculty members and others; (g) To facilitate knowledge and skills through workshops seminars, conferences, short-term and long-term intensive programs, community development programs, publications, and training programs; (h) To utilize computer managed e-learning facilities for learning through national and international networks; (i) To undertake programmes for the training and development of faculty members of the University and other institutions in India or abroad; (j) To undertake collaborative research with any organization in India or abroad; (k) To create higher levels of intellectual abilities and professional development through Centres, Institutes or Academies to function under the University; (l) To provide consultancy to individuals, institutions, industry, Government and Non-Government Organizations in areas of professional expertise; (m) To ensure that the standard of the degrees, diplomas, charters, certificates and other academic distinctions are not lower than those laid down by AICTE/NCTE/UGC/DEC/DCI/MCI/INC and Pharmacy Council; (n) To encourage writing, researching, publishing and distribution; (o) To do all things necessary or expedient to promote the above objectives, and (p) To pursue any other objective as may be approved by the State Government. ### 8. Powers of the University. - 1. The University shall have the following powers viz. :- (a) To establish, maintain and recognize such Regional Centres and Study Centres as may be determined by the University from time to time in the manner laid down by the statutes in accordance with the guidelines issued by the UGC; (b) To carry out all such other activities as may be necessary or feasible in furtherance of the object of the University; (c) To confer degrees, diplomas, charters, certificates or other academic distinctions and professional designations in the manner and under conditions laid down in the Statutes; (d) To institute and award fellowships scholarships and prizes etc. in accordance with the Statutes; (e) To demand and receive such fees, bills, invoices and collect charges as may be fixed by the Statutes or rules, as the case may be; (f) To make and terminate appointments of the faculty, officers and employees of the University or a constituent college, affiliated colleges, Regional Centres, Study Centres located in India and abroad in accordance with the guidelines issued by the UGC; (g) To receive donations and gifts of any kind and to acquire, hold, manage, maintain and dispose of any movable or immovable property including trust and endowment properties for the purpose of the University or a constituent college, or a Regional Centre, Study Centre in accordance with the guidelines, issued by the UGC; (h) To accept students from all sections of the community regardless of caste, race or creed; (i) To ensure that the land, building and other properties acquired for the University shall not be used for any purpose, other than that for which the same is acquired; (j) To co-operate and collaborate with other Universities and Institutions in such a manner and for such purposes as the University may determining from time to time; (k) To offer programs on distance learning basis and continuing education and the manner in which such programs are offered by the University; (l) To make special provision for students belonging to the State of Meghalaya for admission in any course of the University or in a constituent college, affiliated college, regional centre or study centre; (m) To do all such other acts or things whether incidental to the powers aforesaid or not, as may be necessary to further the objects of the University; (n) To recognize examinations or periods of study (whether in full or in part) of other Universities, institutions or other places of Higher learning as equivalent to examinations or period of study in the University and to withdraw such recognition at any time; and (o) To manage all properties, movable and immovable and land acquired, created, arranged or built by the University for the purpose of the University in the State of Meghalaya which shall vest in the University and to ensure that such land, building and other properties acquired for the University shall not be used for any purpose, other than that for which the same is acquired. ### 9. University open to all classes, castes, creed, religion language and gender. - The University shall be open to all persons irrespective of class, caste, creed religion, language or gender : Provided that nothing in this section shall be deemed to require the University from making special provisions for admission to students of the State. ### 10. National Accreditation. - The University will seek accreditation from respective national accreditation bodies. Chapter 3 Officers of the University ----------------------------------------- ### 11. Officers of the University. - The following shall be the officers of the University : (a) The Chancellor; (b) The Vice-Chancellor; (c) The Registrar; (d) The Finance Officer; and (e) Such other offices as may be declared by the Statutes to be officers of the University. ### 12. The Visitor. (1) The Governor of Meghalaya will be the Visitor of the University. (2) The Visitor shall, when present preside at the convocation of the University' for conferring Degrees, Diplomas, Charters, Designations and Certificates. (3) The Visitor shall have the following powers namely- (a) To call for any paper or information relating to the affairs of the University, and (b) On the basis of the information received by the Visitor, if he is satisfied that any order, proceeding, or decision taken by any authority of the University is not in conformity with the Act, Regulations or Rules, he may issue such directions as he may deem fit in the interest of the University and the directions so issued shall be complied with by all concerned. ### 13. The Chancellor. (1) The Sponsor shall, with the prior approval of the Visitor, appoint a person suitable to be appointed as the Chancellor of the University. (2) The Chancellor so appointed shall hold the office for a period of five years. (3) The Chancellor shall be the head of the University. (4) The Chancellor shall preside at the meeting of the Board of Governors and shall, when the Visitor is not present, preside at the convocation of the University for conferring degrees, diplomas, Charters, Designations or Certificates. (5) The Chancellor shall have the following powers namely :- (a) To call for any information or record relating the affairs of the University; (b) To appoint the Vice-Chancellor; (c) To remove the Vice-Chancellor; (d) To issue such directions as he deem fit in the interest of the University and the directions so issued shall be complied with by all concerned; and (e) Such other powers as may be conferred on him by this Act or the Statutes made thereunder. ### 14. The Vice-Chancellor. (1) The Vice-Chancellor shall be appointed on such terms and conditions as may be prescribed by the statutes for a term of four years by the Chancellor. (2) The Vice-Chancellor shall be appointed by the Chancellor from a panel of three persons recommended by the Board of Governors and shall hold office for a term of four years. Provided that, after explanation of the term of four years, the Vice-Chancellor shall be eligible for a re-appointment for another term not exceeding four years. (3) The Vice-Chancellor shall be the Principal executive and academic officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of the authorities of the University. (4) If in the opinion of the Vice-Chancellor it is necessary to take immediate action on any matter for which powers are conferred on any other authority by or under this Act, he may take such action as he deemed necessary and shall at the earliest opportunity thereafter report his action to such officers or authority as would have in the ordinary course dealt with the matter: Provided that if in the opinion of the concerned authority such action should not have been taken by the Vice-Chancellor, then such case shall be referred to the Chancellor, whose decision thereon shall be final: Provided further that where any such action taken by the Vice-Chancellor affects any person in the service of the University, such person shall be entitled to prefer, within three months from the date on which such action is communicated to him, an appeal to the Board of Governors and the Board of Governors may confirm or modify or reverse the action taken by the Vice-Chancellor. (5) If in the opinion of the Vice-Chancellor any decision of any authority of the University is outside the powers conferred by this Act, Statutes or is likely to be prejudicial to the interest of the University, he shall request the concerned authority to revise its decision within seven days from the date of his decision and in case the authority refuses to revise such decision wholly or partly or fails to take any decision within seven days, then such matter shall be referred to the Chancellor and his decision thereon shall be final. (6) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be laid down by the Statutes or the Rules. (7) The Vice-Chancellor shall preside at the convocation of the University in the absence of both, the Visitor and the Chancellor, for conferring degrees, diplomas, Charters, Designations or Certificates. (8) The Chancellor is empowered to remove the Vice-Chancellor after due enquiry. It will be open to the Chancellor to suspend the Vice-Chancellor during enquiry depending upon the seriousness of the charges, as he may deem fit. ### 15. Deans of Faculties. - Deans of faculties shall be appointed by the Vice-Chancellor in such manner and shall exercise such powers and perform such duties as may be prescribed by Statutes. ### 16. The Registrar. (1) The appointment of the Registrar shall be made in such manner as may be prescribed by the Statutes. (2) All contracts shall be signed and all documents and records shall be authenticated by the Registrar on behalf of the University. (3) The Registrar shall exercise such other powers and perform such other duties as may be prescribed or may be required from time to time, by the Board of Governors. (4) The Registrar shall be responsible for the due custody of the records and the common seal of the University and shall be bound to place before the Chancellor, the Vice-Chancellor or any other authority, all such information and documents as may be necessary for transaction of their business. (5) The Registrar shall exercise such other powers and perform such other duties as may be prescribed by the Statutes and authorized by the Vice-Chancellor. ### 17. The Finance Officer. - The Finance Officer shall be appointed by the Board of Governors in such manner and shall exercise such powers and perform such duties as may be prescribed. ### 18. Other Officers. - The manner of appointment, terms and conditions of service and powers and duties of the other officers of the University shall be such as may be prescribed in accordance with the guidelines issued by the UGC. Chapter 4 Authorities of the University -------------------------------------------- ### 19. Authorities of the University. - The following shall be the authorities of the University, namely- (a) The Board of Governors; (b) The Board of Management; (c) The Academic Council; (d) The Finance Committee; and (e) Such other authorities as may be declared by the Statutes to be the authorities of the University. ### 20. The Board of Governors and its powers. (1) The Board of Governors shall consist of the following- (a) The Chancellor; (b) The Vice-Chancellor; (c) Three persons nominated by the Sponsor; (d) One representative of the State Government; (e) An educationist of repute to be nominated by the State Government; (f) One person of repute from the State to be nominated by the sponsor; (2) The Chancellor shall be the Chairman of the Board of Governors. (3) The Registrar shall be an ex-officio Secretary of the Board of Governors. (4) The Board of Governors shall be the supreme authority and principal governing body of the University and shall have the following powers, namely- (a) To appoint the Statutory Auditors of the University; (b) To lay down policies to be pursued by the University; (c) To review decisions of the other authorities of the University if they are not in conformity with the provisions of this Act, or the Statutes or the Rules; (d) To approve the budget and annual report of the University; (e) To make new or additional Statutes and Rules or amend or repeal the earlier Statutes and Rules; (f) To take decision about voluntary winding up of the University; (g) To approve proposals for submission to the State Government; and (h) To take such decisions and steps as are found desirable for effectively carrying out the objects of the University; (5) The Board of Governors shall, meet at least twice in a calendar year at such time and place as the Chancellor thinks fit. ### 21. The Board of Management. (1) The Board of Management shall consist of- (a) The Vice-Chancellor; (b) The Registrar; (c) Three persons, nominated by the Sponsor; (d) Two Deans of the faculties as nominated by the Chancellor; (e) One representative to be nominated by the State Government; (f) One person of repute from the State to be nominated by the sponsor; (2) The Vice-Chancellor shall be the Chairperson of the Board of Management and the Registrar shall be the Secretary of the Board of Management. (3) The powers and functions of the Board of Management shall be such as may be prescribed. ### 22. The Academic Council. (1) The Academic Council shall consist of : (a) The Vice-Chancellor-Chairman (b) The Registrar-Secretary (c) Such other members as may be prescribed in the Statutes. (2) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes and the Rules, co-ordinate and exercise general supervision over the academic polices of the University. ### 23. The Finance Committee. (1) The Finance committee shall consist of: (a) The Vice-Chancellor-Chairman (b) The Registrar-Secretary (c) The Finance Officer (d) Such other members as may be prescribed in the Statutes. (2) The Finance Committee shall be the principal financial body of the University to take care of financial matters and shall, subject to the provisions of this Act, the Statutes and the Rules, co-ordinate and exercise general supervision over the financial matters of the University. ### 24. Other Authorities. - The Constitution, powers and functions of the other authorities of the University shall be such as may be prescribed. ### 25. Proceedings not invalidated on account of vacancy. - No act or proceeding of any authority of the University shall be invalid merely by reason of the existence of any vacancy or defect in the constitution of the authority. Chapter 5 Statutes and Rules --------------------------------- ### 26. Statutes. - Subject to the provisions of this Act, the Statutes may provide for any matter relating to the University and staff, as given below- (a) The constitution, powers and functions of the authorities and other bodies of the University not specified in the Act, as may be constituted from time to time; (b) The operation of the endowment fund, the general fund and the development fund; (c) The terms and conditions of appointment of the Vice-Chancellor, the Registrar and the Finance Officer and their powers and functions; (d) The mode of recruitment and the conditions of service of the other officers, teachers and employees of the University; (e) The procedure for resolving disputes between the University and its officers, faculty members, employees and students; (f) Creation, abolition or restructuring of departments and faculties; (g) The manner of co-operation with other Universities or institutions of higher learning; (h) The procedure for conferment of honorary degrees; (i) Provisions regarding grant of freeships and scholarships; (j) Number of seats in different courses of studies and the procedure of admission of students to such courses; (k) The fee chargeable from students for various courses of studies; (l) Institution of fellowships, scholarships, studentships, freeships medals and prizes; (m) Procedure for creation and abolition of posts; and (n) Other matters which may be prescribed. ### 27. Statutes how made. (1) The first Statutes framed by the Board of Governors shall be submitted to the State Government for its approval, which may, within three months from the date of receipt of the Statutes give its approval with or without modifications. (2) Where the State Government fails to take any decision with respect to the approval of the Statutes within the period specified under sub-section (1) it shall be deemed to have been approved by the State Government. ### 28. Power to amend the Statutes. - The Board of Governors may, with the prior approval of the State Government, make new or additional Statutes or amend or repeal the Statutes. ### 29. Rules. - Subject to the provisions of this Act, the Rules may provide for all or any of the following matters, namely- (a) Admission of students to the University and their enrolment and continuance as such; (b) The courses of study to be laid down for all Degrees, Diplomas, Certificates, Charters and other academic distinctions of the University; (c) The award of Degrees, Diploma, Charters, Certificates and other academic distinctions of the University; (d) Creation of new authorities of the University; (e) Accounting policy and financial procedure; (f) The conditions of the award of fellowships, scholarships, studentships medals and prizes; (g) The conduct of examinations and the conditions and mode of appointment and duties of examining bodies, examiners, invigilators, tabulators and moderators; (h) The fee to be charged for admission to the examinations, Degrees, Diplomas, Certificates, Charters and other academic distinctions of the University; (i) Revision of fees; (j) Alteration of number of seats in different courses and programs. (k) The conditions of residence of the students at the University or a constituent college or affiliated college; and (l) Maintenance of discipline among the students of the University or a constituent college or affiliated college; (m) All other matters as may be provided in the Statutes and Rules under the Act. ### 30. Rules how made. (1) The Rules shall be made by the Board of Governors and the Rules so made shall be submitted to the State Government for its approval, which may, within two months from the date of receipt of the Rules, give its approval with or without modification. (2) Where the State Government fails to take any decision with respect to the approval of the Rules within the period specified under sub-section (1), it shall be deemed to have been approved by the State Government. ### 31. Power to amend Rules. - The Board of Governor may, make new or additional Rules or amend or repeal the Rules. Chapter 6 Miscellaneous ---------------------------- ### 32. Conditions of service of employees. (1) Every employee shall be appointed under a written contract, which shall be kept in the University and a copy of which shall be furnished to the employee concerned. (2) Disciplinary action against the students/employees shall be governed by procedure prescribed in the Statutes. ### 33. Right to appeal. - Every employee or student of the University or of a constituent college, shall notwithstanding anything contained in this Act, have a right to appeal within such time as may be prescribed, to the Board of Management against the decision of any officer or authority of the University or of the Principal of any such college, and thereupon the Board of Management may confirm, modify or change the decision appealed against. ### 34. Provident fund and pension. - The University shall constitute for the benefit of its employees such provident or pension fund and provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be prescribed. ### 35. Disputes as to Constitution of University authorities and bodies. - If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be a member of any authority or other body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final. ### 36. Constitution of committees. - Any authority of the University mentioned in Section 19 will be empowered to constitute a committee of such authority, consisting of such members as such authority may deem fit, and having such powers as the authority may deem fit. ### 37. Filling of casual vacancies. - Any casual vacancy among the members, other than ex-officio members, of any authority or body of the University shall be filled in the same manner in which the member whose vacancy is to be filled up, was chosen, and the person filling the vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he/she fills would have been a member. ### 38. Protection of action taken in good faith. - No suit or other legal proceedings shall lie against any officer or other employee of the University for anything, which is done in good faith or intended to be done in pursuance of the provisions of this Act, the Statutes or the Rules. ### 39. Transitional provisions. - Notwithstanding anything contained in any other provisions of this Act and the Statutes- (a) The first Vice-Chancellor shall be appointed by the Chancellor and the said officer shall hold office for a term of three years; (b) The first Registrar and the first Finance Officer shall be appointed by the Chancellor who shall hold office for a term of three years; (c) The first Board of Governors shall hold office for a term not exceeding three years; and (d) The first Board of Management the first Finance Committee and the first Academic Council shall be constituted by the Chancellor for a term of three years. ### 40. Endowment Fund. (1) The University shall establish an endowment fund of at least Rupees one crore. (2) The University shall have power to invest the endowment fund in such manner as may be prescribed. (3) The University may transfer any amount from the general fund or the development fund to the endowment fund. Excepting in the dissolution of the University, in no other circumstances can any monies be transferred from the endowment fund for other purposes. (4) Not exceeding 75% of the incomes received from the endowment fund shall be used for the purposes of development works of the University. The remaining 25% shall be reinvested into the endowment fund. ### 41. General Fund. (1) The University shall establish a general fund to which the following amount shall be credited, namely- (a) All fees which may be charged by the University; (b) All sums received from any other source; (c) All contributions made by the Sponsor; and (d) All contributions/donations made in this behalf by any other person or body, which are not prohibited by any law for the time being in force. (2) The funds credited to the general fund shall be applied to meet the following payments- (a) The repayment of debts including interest charges thereto incurred by the University for the purposes of this act and the Statutes, and the and Rules made thereunder; (b) The upkeep of the assets of the University; (c) The payment of the cost of audit of the fund created under Section 41. (d) Meeting the expenses of any suit or proceedings to which University is a party; (e) The payment of salaries and allowances of the officers and employees of the University, members of the teaching and research staff, and p payment of any provident Fund contributions gratuity and other benefits to any such officers and employees, members of the teaching and research staff; (f) The payment of travelling and other allowances of the members of the Board of Governors, the Board of Management, Academic Council and other authroities so declared under the Statutes of the University and of the members of any Committee or Board appointed by any of the authorites of the University in pursuance of any provision of this Act or the Statutes, or the Rules made thereunder; (g) The payment of fellowships freeships scholarships assistantships and other awards to students, research associates or trainees eligible for such awards under the Statues, or Rules of the University under the provisions of this Act. (h) The payment of any expenses incurred by the University in carrying out the provisions of this Act and the Statutes or the Rules made thereunder; (i) The payment of cost of capital, not exceeding the prevailing bank rate of interest, incurred by the Sponsor for setting up the University and the investments made thereof; (j) The payment of charges and expenditure relating to the consultancy work undertaken by the Government servants in pursuance of the provisions of this Act and the Statutes and the Rules made there under; (k) The payment of any other expenses including a management fee payable to any organization charged with the responsibility of managing the University on behalf of the sponsoring body, as approved by the Board of Management to be an expenses for the purposes of the University. (l) Provided that no expenditure shall be incurred by the University in excess of the limits for total recurring expenditure and total non-recurring expenditure fore the year as may be fixed by the Board of Management without the previous approval of the Board of Management. (m) Provided further that the General fund shall be applied for the objects specified under sub-section (2) with the prior approval of the board of Management of the University. ### 42. Development fund. (1) The University shall also establish a development fund to which the following funds shall be credited, namely : (a) Development fees which may be charged from students; (b) All sums received from any other source for the purposes of the development of the University; (c) All contributions made by the Sponsor; (d) All contributions/donations made in this behalf by any other person or body which are not prohibited by any law for the time being in force; and (e) All incomes received from the endowment fund. (2) The funds credited to the development fund from time to time shall be utilized for the development of the University. ### 43. Maintenance of fund. - The funds established under Sections 40, 41 and 42 shall, subject to general supervision and control of the Board of Governors, be regulated and maintained in such manner as may be prescribed. ### 44. Annual Report. (1) The annual report of the University shall be prepared under the direction of the Board of Management and shall be submitted e Board of Governors for its approval. (2) The Board of Governors shall consider the annual report, in its meeting and may approve the same with or without modification; (3) A copy of the annual report duly approved by the Board of Governors shall be sent to Visitor and the State Government on or before December, 31 following close of the financial year in March 31 each year. ### 45. Account and audit. (1) The annual accounts and Balance-Sheet of the University shall be prepared under the direction of the Board of Management and all funds accruing to or received by the University from whatever source and all amount disbursed or paid shall be entered in the accounts maintained by the University. (2) The annual accounts of the University shall be audited by a chartered accountant, who is a member of the Institute of Chartered Accountants of India every year. (3) A copy of the annual accounts and the Balance-Sheet together with the audit report shall be submitted to the Board of Governors on or before December, 31 following close of the financial year in March 31 each year. (4) The annual accounts, the Balance-Sheet and the audit report shall be considered by the Board of Governors at its meeting and the Board of Governors shall forward the same to the Visitor and the State Government along with its observations thereon on or before December 31 each year. (5) In the event of any material qualifications in the Report of the Auditors, the State Government may issue directions to the University, and such directions shall be binding on the University. ### 46. Mode of proof of University record. - A copy of any receipt application, notice, order, proceeding or resolution of any authority or committee of the University or other documents in possession of the University or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding resolution or document or the existence of entry in the register and shall be admitted as evidence of the matters and transaction therein recorded where the original thereof would, if produced, have been admissible in evidence. ### 47. Dissolution of University. (1) If the Sponsor proposes dissolution of the University in accordance with the law governing its constitution or incorporation it shall give at least three months notice in writing to the State Government. (2) On identification of mismanagement mal-administration, in-discipline failure in the accomplishment of the objects of University and economic hardships in the management systems of University, the State Government would issue directions to the management system of University. If the direction are not followed within such time as may be prescribed, the right to take decision for winding up of the University would vest in the State Government. (3) The manner of winding up of the University would be such as may be prescribed by the State Government in this behalf. Provided that no such action will be initiated without affording a reasonable opportunity to show cause to the Sponsor. (4) On receipt of the notice referred to in sub-section (1), the State Government shall, in consultation with the AICTE and UGC make such arrangements for administration of the University from the proposed dated of dissolution of the University by the Sponsor and until the last batch of students in regular courses of studies of the University complete their courses of studies in such manner as may be prescribed by the Statutes. ### 48. Expenditure of the University during dissolution. (1) The expenditure for administration of the University during the taking over period of its management under Section 47 shall be met out of the endowment fund, the general fund or the development fund. (2) If the funds referred to sub-section (1) are not sufficient to meet the expenditure of the University during the taking over period of its management, such expenditure may be met by disposing of the properties or assets of the University, by the State Government. ### 49. Laying of Statutes and Rules. - Every Statute or Rule made under this Act shall be laid, as soon as may be after it is made, on the table of the Legislative Assembly. ### 50. Removal of difficulties. (1) If any difficulty arises in giving effect to the provisions of this Act the State Government may, by a notification or order, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty : Provided that no notification order under sub-section (1) shall be made after the expiration of a period of three years from the commencement of this Act. (2) Every order made under sub-section (1) shall as soon as may be after it is made, be laid before the State legislature. ### 51. University to be subject to Standards of UGC. - Notwithstanding anything contained in this Act, the establishment maintenance of standards any any other matter concerning Private Universities established under this Act shall be subject to the UGC (Establishment and maintenance of Standards in Private Universities) Regulation 2003 as amended from time to time and any other Regulation or direction as may be issued by the UGC from time to time.
65b94fa4ab84c7eca86e8d93	acts	State of Himachal Pradesh - Act --------------------------------- Himachal Pradesh Gauvansh Sanrakshan and Samvardhan Act, 2018 --------------------------------------------------------------- HIMACHAL PRADESH India Himachal Pradesh Gauvansh Sanrakshan and Samvardhan Act, 2018 =============================================================== Act 2 of 2019 --------------- * Published on 24 January 2019 * Commenced on 24 January 2019 Himachal Pradesh Gauvansh Sanrakshan and Samvardhan Act, 2018 (Act No. 2 of 2019 ) (As Assented to by the Hon'ble Governor on 24th January, 2019) An Act to establish the Himachal Pradesh Gauseva Aayog for the preservation, conservation and welfare of cows in the State; and for supervision and control of the institutions established for the purpose and to provide for matters connected therewith and incidental thereto. Be it enacted by the Legislative Assembly of Himachal Pradesh in the Sixty-ninth Year of the Republic of India, as follows: - ### 1. Short title and commencement. (1) This Act may be called the Himachal Pradesh Gauvansh Sanrakshan and Samvardhan Act, 2018. (2) It shall come into force on such date as the State Government may, by notification, in the Rajpatra (e-Gazette), Himachal Pradesh, appoint. ### 2. Definitions. - In this Act, unless the context otherwise requires, - (a) "Aayog" means the Himachal Pradesh Gauseva Aayog constituted under section 3 of this Act; (b) "Chairperson" means Chairperson of the Aayog; (c) "Cow " includes a bull, bullock, ox, heifer or calf besides the cow itself; (d) "Gauvansh" means cow or its progeny; (e) "Gausamvardhan" means conservation and development of indigenous breeds of cow; (f) "Gausanrakshan" means protection and conservation of Gauvansh; (g) "Government" or "State Government" means the Government of Himachal Pradesh; (h) "Indigenous breed" means the indigenous cow population which is recognized as a breed by Breed Registration Committee of Indian Council of Agricultural Research, New Delhi, from time to time; (i) "Institution" means any charitable institution or Non-Government Organization engaged in the welfare of cows and established for the purpose of keeping, breeding, rearing and maintaining cow or for the purpose of reception, protection, care, management and treatment of infirm, aged and diseased cows and includes Gausadan, Gaushala, Gauvigyan Kendra, Cow Sanctuary, Community Animal Rearing Center, or by whatever name such institutions exist including Gauraksha sanstha and their federation, society or union registered under any enactment for the time being in force or otherwise; (j) "member" means a member of the Aayog and includes the Chairperson, Vice- Chairperson and the Member Secretary; (k) "prescribed" means prescribed by rules made under this Act; (l) "section" means a section of this Act; (m) "State" means the State of Himachal Pradesh; and (n) "Vice-Chairperson" means a Vice-Chairperson of the Aayog. ### 3. Constitution of the Aayog. (1) The Government shall, by notification in the Rajpatra (e-Gazette), Himachal Pradesh constitute a body to be known as the Himachal Pradesh Gauseva Aayog. (2) Consequent upon the constitution of the Himachal Pradesh Gauseva Aayog, all properties, movable or immovable shall vest with the Himachal Pradesh Gauseva Aayog and all the debts and liabilities of the Himachal Pradesh Gosamvardhan Board shall be transferred to the Aayog and the officers and servants of the said Board shall be the officers and servants of the Aayog. (3) The Aayog shall consist of, - \| \| \| \| \| --- \| --- \| --- \| \| a. \| Ex-officio members: - \| \| \| (i) \| Animal Husbandry Minister, Himachal Pradesh \| Chairperson; \| \| (ii) \| Secretary (Animal Husbandry),Government of Himachal Pradesh \| Member; \| \| (iii) \| Secretary (Finance) , Government ofHimachal Pradesh \| Member; \| \| (iv) \| Secretary (Language, Art and Culture), Governmentof Himachal Pradesh \| Member; \| \| (v) \| Secretary (Excise and Taxation), Governmentof Himachal Pradesh \| Member; \| \| (vi) \| Secretary (Revenue) , Governmentof Himachal Pradesh \| Member; \| \| (vii) \| Secretary (Rural Development and Panchayati Raj),Government of Himachal Pradesh \| Member; \| \| (viii) \| Secretary (Forests) , Governmentof Himachal Pradesh \| Member; \| \| (ix) \| Dean, Dr. G. C. Negi College of Veterinary andAnimal Sciences, Chaudhary Sarwan KumarHimachal Pradesh Krishi Vishvavidyalya,Palampur, District Kangra \| Member; \| \| (x) \| The Director General of Police,Himachal Pradesh \| Member; and \| \| (xi) \| The Director, Animal Husbandry,Himachal Pradesh Secretary. \| Member; \| \| (b) \| Non-official members.- There shall be not more than ten non-official members to be nominated by the Government. One Vice-Chairperson shall also be nominated in addition thereto. The non-official members of the Aayog shall be appointed from amongst the persons having interest in the field of Gausanrakshan and Gausamvardhan. \| ### 4. Terms and conditions of appointment of non-official members. (1) A non-official member of the Aayog shall hold office for a period of three years from the date of his appointment. (2) The terms and conditions of service of non-official members shall be such, as may be prescribed. ### 5. Resignation. - A non-official member may, by way of notice in writing under his hand addressed to the Government of Himachal Pradesh, resign from his office. ### 6. Disqualifications. - No person shall be eligible for appointment as a nonofficial member, if he, - (a) is not a citizen of India; or (b) has not attained the age of 21 years; or (c) is of unsound mind and stands so declared by a competent authority; or (d) is convicted and sentenced to imprisonment for an offence which in the opinion of the Government, involves moral turpitude; or (e) has been dismissed from the service of the Government for misconduct and has been declared to be disqualified for employment in public service; or (f) is adjudged insolvent. ### 7. Casual vacancy. - In the event of vacancy of a non-official member due to death, resignation, removal or otherwise before the expiry of his term of office, a casual vacancy shall be deemed to have occurred and such vacancy shall be filled as early as possible by nomination for the remaining term. ### 8. Salary, honorarium and allowances of the members. - The salary, honorarium, and allowances etc. if any, payable to the Vice-Chairperson and members shall be such as may be prescribed. ### 9. Headquarter. - The headquarter of the Aayog shall be at Shimla. ### 10. Meetings of the Aayog. (1) The Aayog shall hold one meeting quarterly and at least four meetings annually and shall keep a record of its proceedings. (2) The meeting of the Aayog shall be convened and presided over by the Chairperson and in his absence thereof, the Vice-Chairperson shall preside over the meeting. In the absence of both the Chairperson and the Vice-Chairperson, the members present shall elect one from amongst them to preside over the meeting. (3) The quorum of the meeting shall be of a minimum of eleven members. (4) The proceedings of the meetings shall be forwarded to the Secretary (Animal Husbandry) to the Government of Himachal Pradesh, for necessary action. (5) An ex-officio member may depute his representative to attend meeting on his behalf in the event of his inability to attend a particular meeting. ### 11. Vacancies not to invalidate proceedings of the Aayog. - No act or proceedings of the Aayog shall be questioned or shall be invalid merely on the ground of existence of any vacancy in or defect in the constitution of the Aayog or any defect in the appointment of a person acting as a member or any irregularity in the procedure of the Aayog, including issuance of notice for holding of a meeting, not affecting merits of the matter. ### 12. Terms and conditions of service of officers and employees. - Terms and conditions of service of officers and employees of the Aayog and salaries and allowances payable to them, shall be such as may be prescribed. ### 13. Registration of institutions and audit of their accounts. (1) Once the Aayog is established, all institutions shall have to get them registered with Aayog on the payment of such fee and in the manner as may be prescribed. (2) The Aayog shall, issue a certificate of registration in such form, as may be prescribed. (3) The Aayog shall maintain register of institutions registered with it in such form, as may be prescribed. (4) Whenever any change occurs in any of the particulars submitted to the Aayog by an institution, the person entrusted to act on behalf of institution shall report the change to the Aayog, for further updation of record. (5) The accounts of every institution, which has been registered under this Act, shall be prepared in each financial year and its accounts shall be audited annually as may be prescribed. ### 14. Powers and functions of the Aayog. - The Aayog shall perform all or any of the following functions, namely: - (a) to make provisions for solutions to the problems related to abandoned cow in the State by providing technical and financial assistance to Gausadans, Gaushalas, Gauvigyan Kendras, Cow Sanctuaries or any other scheme approved by the Government in the manner as may be prescribed; (b) to promote research on various aspects of indigenous cows and make budgetary provisions for the same in the manner as may be prescribed; (c) to make provisions for awareness programs on cow welfare and breed conservation; (d) to ensure the protection afforded to cow under any law for the time being in force including seizure and custody of the cow being carried for slaughtering or likely to be slaughtered in contravention of any law in force; (e) to ensure proper and timely implementation of the laws referred to in clause (a) and to propose remedial measures regarding the implementation of programs of Government for the development of institutions; (f) to draft policies and design projects for the conservation and promotion of cow and make recommendations thereof to the Government for implementation; (g) to receive budget and make expenditure for the purpose of cow welfare and conservation of indigenous breeds of cow, in the manner as may be prescribed; (h) to supervise and inspect the institutions and to ensure that such institutions provide for proper management and care to cows conserved by them; and (i) to perform such other functions as may be assigned by the Government. ### 15. Grants and funds of the Aayog. (1) The State Government may pay to the Aayog by way of grants from the Consolidated Fund of the State, income from the Temple trusts, cess levied on sale of liquor or such sums of money as the State Government may provide to be utilized for the purpose of this Act. (2) The Aayog may spend such sums as it deems fit for performing the functions under this Act, and such sums of money shall be treated as expenditure payable out of the grants referred to in sub-section (1). ### 16. Budget of the Aayog. (1) The Aayog shall on such date, as may be prescribed, prepare and approve the budget of the next financial year, showing the estimated receipts and expenditure. (2) When the budget is approved by the Aayog, it shall be competent to appropriate the amounts out of the funds for the purpose for which provisions have been made. Re- appropriation, if any shall be subject to the approval of the Aayog. ### 17. Bankers of the Aayog. - All funds of the Aayog shall be kept in a Scheduled Bank. ### 18. Power of the Aayog to call for records. - In order to enable the Aayog to perform the functions under this Act, the Aayog may call for information, records or reports from any institution. ### 19. Annual Report. (1) The Aayog shall prepare, in such form for each financial year as may be prescribed, its annual report, giving full account of its activities during the previous financial year and forward a copy thereof to the Government. (2) Upon receipt of a report made under section 18, the Government may take such action thereon, as it may consider appropriate. ### 20. Power of the Government to call for reports and returns etc. - The Government may call for such reports, returns and statements from the Aayog from time to time, as it may consider necessary. ### 21. Directions from the Government. (1) In the discharge of its functions under this Act, the Aayog shall be guided by such directions on the question of policy as may be given by the Government. (2) If any dispute arises between the Government and the Aayog as to whether a question is or is not a question of policy, the decision of the Government shall be final. ### 22. Members, officers and employees of the Aayog to be public servant. - All members, officers and employees of the Aayog shall be deemed, while acting or purporting to act in pursuance of any provision of this Act, to be public servant within the meaning of section 21 of the Indian Penal Code, 1860, (45 of 1860). ### 23. Protection of action taken in good faith. - No suit, prosecution or other legal proceedings shall lie against any member or any officer or other employees of the Aayog or any person acting under the direction either of the Government or of the Aayog, in respect of anything, which is done in good faith or intended to be done in pursuance of this Act or any rule or order made thereunder. ### 24. Power to make rules. (1) The Government may, by notification in the Rajpatra (e- Gazette), Himachal Pradesh make rules for carrying out the purposes of this Act. (2) All the rules made under this Act, shall be laid, as soon as may be, after they are so made, before the Legislative Assembly while it is in session, for a period of not less than ten days, which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which they are so laid or the successive sessions immediately following, the Legislative Assembly makes any modification(s) in any of such rules or decides that the rule should not be made, such rules shall thereafter have effect only in such modified form or be of no effect, as the case may be. However, any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
65b92e30ab84c7eca86e885a	acts	State of Odisha - Act ----------------------- The Orissa Inspection of Subordinate Courts (by the High Court) Rules, 2004 ----------------------------------------------------------------------------- ODISHA India The Orissa Inspection of Subordinate Courts (by the High Court) Rules, 2004 ============================================================================= Rule THE-ORISSA-INSPECTION-OF-SUBORDINATE-COURTS-BY-THE-HIGH-COURT-RULES-2004 of 2004 --------------------------------------------------------------------------------------- * Published on 24 June 2004 * Commenced on 24 June 2004 The Orissa Inspection of Subordinate Courts (by the High Court) Rules, 2004 Published vide Notifications No.342-1, dated, 24th June 2004, Orissa Gazette Part 3A, No. 27 dated 2.7.2004 Published under the authority of the High Court of Judicature, Orissa No.342-I. - In exercise of the powers vested under Article 235 of the Constitution of India and all other powers vested with the Court in this behalf, the High Court of Orissa do hereby make the following rules for inspection and supervision of the Subordinate Courts of the State by the High Court. ### 1. Title. - These rules may be called "The Orissa Inspection of Subordinate Courts (by the High Court) Rules, 2004". ### 2. Commencement. - These rules shall come into force with immediate effect. ### 3. Definition. - These rules unless the context otherwise requires - (i) "High Court" means the High Court of Orissa (ii) "Chief Justice" means the Chief Justice of the High Court of Orissa (iii) "Judge-in-charge" means the puisne Judge of the High Court kept in charge of a particular District or Districts or Judgeship. (iv) "Subordinate Courts" means the Courts of District and Sessions Judges, Additional District and Sessions Judges, Court of Commissioner of Endowments, Court of Chief Judicial Magistrate, the Special Courts including Tribunals and all other Courts established in the State presided over by Officers of the State Judiciary. (v) "Superior Court" means the Court of District and Sessions Judge, Additional District and Sessions Judge, Court of Special Judge, C.B.I., Special Judge (Vigilance), Tribunals, except the State Administrative Tribunal, Family Courts and the Courts of Chief Judicial Magistrate. (vi) "Prescribed" means prescribed by these rules (vii) "Schedule and Annexure" means schedule and annexure referred to by these rules. (viii) "Presiding Officer" means the Judicial Officer presiding over a Subordinate Court or Tribunal in the State except the State Administrative Tribunal. (ix) "Information Sheet", means the proforma prescribed under these rules. (x) "Registrar" means the Registrar (Inspection and Enquiry) of the High Court. (xi) "Special Officer" means the Special Officer (Special Cell) of the High Court. ### 4. Inspection. - (i) The High Court shall inspect once in every two years all Superior Courts and Tribunals over which it exercises jurisdiction. (ii) The Chief Justice or the Judge in charge of the Judgeship/District as would be nominated by the Chief Justice shall make regular inspection of the Subordinate Courts. (iii) Casual inspection and surprise visit can be conducted at any time by the Judge-in-charge of the Judgeship with the prior consent of the Chief Justice or by the Chief Justice himself whenever it requires. ### 5. Procedure of Regular Inspection. (a) Inspection of the Subordinate Courts and Tribunals shall be subject of the Inspection Branch of the Court's registry. (b) Process for inspection of the Subordinate Court shall be initiated by the inspection Branch of the Court after obtaining administrative approval of the Judge-in-charge of the concerned Judgeship. (c) Programme of Inspection drawn up shall be placed before the Judge-in-charge for approval and thereafter placed before the Chief Justice. (d) The Schedule of inspection soon after being approved by the Chief Justice shall be communicated to all concerned, well in advance. ### 6. Inspection notes. (a) In case of regular inspection, the Inspecting Party consisting of the Superintendent, some Ministerial Officers of the Inspection Branch or some other members of Courts Establishment as would be required may proceed to the Subordinate Courts well in advance prior to the date of inspection. (b) The time schedule required by the Inspecting Party for complication of preliminary notes of inspection for the District Court and other Superior Courts including the Tribunals shall be as follows \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| (i) \| Court of District and Sessions Judge \| ... \| 10 days \| \| (ii) \| Special Judge (Vig. & C.B.I.) and Commissioner of Endowments \| ... \| 3 days \| \| (iii) \| Additional District and Sessions Judge functioning at independent station \| ... \| 3 days \| \| (iv) \| Chief Judicial Magistrate and Civil Judge (Senior Division) \| ... \| 3 days \| \| (v) \| All other Sub-Courts and Tribunal except SAT \| ... \| 3 days \| (c) The Court to be inspected shall furnish all information to the Inspecting Party soon after their arrival in the prescribed proforma as per Schedule I. (d) The Inspection shall be made in such a manner so as to cover all the aspects of the Subordinate Courts and Tribunals as specified in the proforma attached as Schedule-II and such other matters at the discretion of the Judge-in-charge. (e) The Inspecting Party shall scrutinise the matter in details and prepare the notes of Inspection in order of subjects indicated in the proforma prescribed as per Schedule-II. (f) On completion of the draft notes of inspection, the same shall be placed before the Registrar (Inspection and Enquiry) or any other Officer of the Courts Registry deputed by the Chief Justice for the purpose who shall finalise the draft notes after making any addition or alteration, if required. (g) The draft notes of inspection after being finalised shall be placed before the Judge-in-charge of the Judgeship for perusal soon after his arrival at the station. ### 7. Inspection by the Judge-in-charge. (a) The Judge-in-charge soon after reaching the station may visit the Courts functioning at the station and make observation regarding functioning of the Courts on judicial and administrative side and find out the ways and means for solving the problems, if any, and may have discussion with the Presiding Officers, staff and members of the Bar and litigant public. (b) The Judge-in-charge may also hold dias sitting with the Presiding Officer of the inspecting Court and watch the proceedings of the Court and the manner in which the officer conducts the case including maintaining the decorum of the Court. (c) As far as practicable procedural defects, if any, noticed during inspection shall be pointed out and necessary guidelines or instructions be imparted to remove the same. (d) The Judge-in-charge after going through the draft notes of inspection and on making any addition or alteration at his discretion will record his remark officer wise and finalise the draft notes of inspection. (e) The final inspection note shall thereafter be placed before the Chief Justice for approval and passing orders for circulation to the Full Court. (f) After obtaining orders of the Chief Justice, the notes shall be circulated among the other puisne Judges of the Court except the Inspecting Judge. (g) After completion of the Circulation, a copy thereof be transmitted to the concerned District and Sessions Judge and the Presiding Officer of the Subordinate Court inspected for submission of compliance report within two months from the date of receipt of the copy of the notes of inspection. (h) On receipt of the communication from the High Court under Rule 7(g), the Presiding Officer of the Subordinate Court inspected shall take appropriate steps for removal and rectification of the defects and deficiencies, if any, and report compliance within two months. (i) Soon after completion of two months and after receipt of the compliance report on the notes of inspection, the Inspecting Party consisting of the Superintendent, some Ministerial Officers including one Stenographer shall be deputed to the Court concerned to verify if all the defects pointed out have been actually and properly removed. (j) The Inspecting Party on proper verification shall submit their report regarding removal of defects to the Registrar (Inspection and Enquiry) who shall place the same before the Hon'ble Chief Justice through the concerned Judge-in-charge. (k) The Judge-in-charge of the District/Chief Justice will, on the basis of inspection reports,make relevant entries and make appropriate assessment of the work and performance of the concerned officer in their C.C.Rs. ### 8. Residuary Powers. - Nothing contained in these rules shall be deemed to affect the powers of the High Court to make such orders from time to time as it may deem fit in regard to all matters incidental or ancillary to these rules not specifically provided for herein or in regard to matters as have not been provided for or not sufficiently provided for or for removal of any difficulty which may arise in giving effect to any of the provision of these rules. I --- Information Sheet ### 1. This Court was last inspected by ### 2. Name of the Presiding Judge/Judges since last inspection showing the period of occupancy of office. ### 3. List of the Civil and Criminal Courts in the District (List to be attached separately) (a) With their jurisdiction (b) State of the Court building (c) Whether Government Quarters are provided to the judicial officers and staff of the district. (d) Distance from headquarters to each Court (e) Dates on which each Court was established ### 4. List showing the name of each Court, name of the Presiding Officer and the staff of the Court inspected. \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Name of Court \| Name of the P.O. \| Educational qualification \| Date of 1st appointment \| Date since when serving in the Court \| Scale of Pay \| Date of Superannuation \| \| (1) \| (2) \| (3) \| (4) \| (5) \| (6) \| (7) \| ### 5. Number of advocate practising at the station ### 6. Number of licensed Typists, petition writers showing their names and date since they hold the license. ### 7. Library (a) Is the catalogue up to date (b) Whether all the library book and journals, periodicals received are properly arranged, correctly labelled, correction slips properly pasted. (c) (i) If any loss of books and periodicals reported (ii) What steps are taken for recovery of missing books (d) Whether library books are regularly verified by the library in charge and report submitted to Presiding Officer. (e) Whether library books are verified by Presiding Officer at any time and date of submission of certificate of verification. ### 8. Stationary and forms (1) Are the stationary articles and forms required by the Courts indented from Government Press on due dates. (2) Are the stock Registers maintained up to date (3) Are the forms neatly arranged and kept (4) Are the stocks of forms and stationery articles verified periodically and date(s) verification since last inspection. (5) Is any difficulty felt in getting the forms and Stationary from Government Press. ### 9. Furniture (i) Has the stock Register of furniture being maintained up to date (ii) Date of last verification by Presiding Officer (iii) Are the furniture sufficient for use of Court and staff. ### 10. A statement showing the percentage of process serving by each bailiff during the period from............. No. of process given for service and number of process served. \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Period from \| No. of process given for service \| No. of process served \| No. of process returned unserved \| Percentage of process served \| ### 11. Whether any member of the staff of process serving establishment is returned at the headquarters for unusually long time without good and sufficient reason ? ### 12. Whether the records of civil and criminal cases received in District Record Room in time and the year up to which they are properly classified, arranged, preserved and destroyed ? ### 13. Whether staff strength in the Record Room is sufficient, if not, proposal with full justification be made separately ? ### 14. Whether the requisitions for records were promptly attended to and record sent for Copying Department or Courts despatched within the prescribed time ? ### 15. Whether applications for return of documents were properly attended to and documents returned promptly, if not, the reason for delay ? ### 16. If any exhibits or other papers had retained in the Copying Department without returning to the Record Room, if returned without being deposited in the relevant bundles ? Whether Guard Files maintained for preserving important High Court and Government Orders and Circulars are maintained properly with pagination alongwith index. ### 17. State of files- (a) Statement of pending cases (both Civil and Crl.) category wise and year wise should be submitted showing number of cases and other proceedings pending for disposal in a separate sheet. ### 5. years ### 4. years ### 3. years ### 2. years ### 1. year (b) Reasons for year old pendency (c) Cases/appeals stayed by Appellate/Revisional Courts ### 18. Number of different type of cases disposed of on the last day of the previous month preceding inspection. ### 19. (a) Statement showing the institution and disposal of Civil and Criminal cases category wise during last five years. (b) Does the disposal keep pace with the institution ? (c) If there is excessive filing what remedy do you suggest ? (d) Is the pendency due to negligence or inefficiency of the office ? (e) Is there any excess filing, what remedy do you suggest ? ### 20. (a) Is the Court Diary maintained neatly and legibly ? (b) Is precedency given in the days work to the cases which are frequently adjourned ? If not, is the explanation satisfactory ? (c) Are dates once fixed for peremptory hearing adhered to where adjournments granted, are the reasons recorded ? ### 21. Are the orders requiring judicial discretion drawn up by the P.O. and do they contain adequate reasons ? (To be verified from atleast 5 cases) ### 22. Are the material objects sent to the Court Malkhana regularly and produced during trial ? ### 23. It steps are taken promptly for execution of sentence of the prisoners and realisation of fine when upheld or modified in appeals and revisions. ### 24. Examination of pending records (year old) (At least 3 cases of each category). ### 25. Examination of disposed of records (At least 3 cases of each category). ### 26. If maintenance of all Registers is up-to-date ### 27. (a) Is the Judge regular in attendance and generally sit on the dias at prescribed time ? (b) If the Judge conducts himself of satisfaction by hearing cases ? (c) Did you recure any complaint regarding irregular attendance and/or sitting in Court ? (i) If yes, did you enquire into the complaint ? (ii) If so, what was the result ? (d) Did the Judge fixing the dates personally in open Court or leaving the matter to his Bench Clerk ? ### 28. Did you notice any frequent adjournment being granted by the Judge in matters more than one year old ? (a) What steps do you suggest to avoid them ? (b) Has the judgement reserved any particular day for hearing Civil matters ? If not, is it possible to do so in lieu of Criminal files ? ### 29. Is the judgement Register maintained properly ? (a) Is there any instance in which judgement was delayed by the Judge beyond one month and the same was not shown pending for judgement in the monthly return ? (b) Did you verify that the judgement in cases shown in the monthly return as contested disposal were really contested judgements ? ### 30. At least 5 judgements of each category are to be placed before the Judge-in-Charge/Inspecting Judge for verification- (a) If they cover both facts and law (b) Whether documents are correctly exhibited. (c) Whether evidence properly recorded (d) Quality of the judgement. ### 31. Establishment- (a) Sanctioned strength of employees under the administrative control of the District Judge. (b) Posts, temporary or permanent to be specified. ### 32. How many permanent, temporary or ad hoc employees are working and since when ? ### 33. If any recruitment test was made, if so, when and what about the result ? ### 34. (a) How many employees are under suspension ? (b) How many Disciplinary proceedings are pending and their progress ? (c) How many appeals are pending against orders passed in Disciplinary proceedings ? ### 35. Whether the service books of employees have been maintained up-to-date with proper verification by the competent authority. ### 36. Whether the gradation list of Class-III and-Class-IV employees have been maintained up-to-date and circulated amongst the employees. ### 37. Whether promotion, leave application and complaints are timely decided. ### 38. Whether C.C. Rs. of the employees are being maintained up to date and adverse entries have been duly communicated by P.O. ### 39. Whether Review Committee has been constituted and working. ### 40. Whether periodical inspection of different Courts are done strictly as per the schedule of programme drawn. ### 41. Whether Registrar, Civil Courts has inspected different Branches as per the programme drawn. ### 42. Is the cash Register written up daily ? ### 43. Is the cash in the hands of Nazir correct on verification with the entries in the Register ? ### 44. Are the valuable moveable properties relating to Court's Malkhana in the hands of Nazir or Malkhana Clerk correct and tally with Court Malkhana Register. ### 45. Are the properties in Court Malkhana neatly arranged ? ### 46. Has the Nazir in his hand for more than one month witness batta or other money to be refunded to the parties. ? ### 47. How many writs are pending execution by the Salaried Amins (a) The reasons for delay ? (b) Are the Salaried Amins over burdened ? ### 48. Are the processes evenly distributed amongst the process server ? ### 49. The total number of process served by each process server ### 50. Whether writs and notices issued by the Hon'ble Court timely allowed to ? ### 51. Has the disposal of Court Malkhana property taken up at regular interval to avoid congestion in the Court Malkhana. II ---- Matters to be Dealt with in the Notes of Inspection of the Subordinate Courts Made by the High Court I. Preliminary - (i) Introduction - Regarding establishment of the Court, date of last inspection by the High Court, submission of compliance reports on the notes of inspection etc. (ii) Personnel of the Presiding Officers with their period of incumbency (iii) Jurisdiction and powers of the Court (iv) Other Courts functioning at the station (v) Accommodation - Accommodation of Courts and offices including residential. (vi) Pending projects and repair work - Details of the pending projects and their progress including suggestions' if any. II. Administrative (i) Staff position (ii) Inspection defect Register (iii) Duty Cards of Ministerial Officers (iv) Security by the Ministerial Officers (v) Disciplinary proceedings (vi) Vigilance Committee Meeting/P.M.C. Meeting/Senior Officers meeting, etc. (vii) Gradation lists - (i) Gradation lists of members of the staff in different cadres; (ii) Whether it is being published during every year and if confirmation matter is taken up at regular intervals. (viii) Departmental Examination - Whether the Departmental Examination is being done regularly as per the Rules prescribed in the District and Subordinate Courts Ministerial Services (Method of Recruitment and Conditions of Service) Rules, 1969. (ix) Jail visit by the District and Sessions Judge - Whether the District Jail, Circle Jail and Sub-jail are being regularly visited by the Sessions Judge and report thereof submitted to the High Court regularly. (x) Correspondence - Whether correspondence files are being maintained properly, classification and destruction of correspondences are being made as per the Rules and pending lists prepared regularly. (xi) Recruitment Examination - (i) State of vacancy position in all cadres of the members of the staff; (ii) If steps have been taken for filling up the vacant posts in all cadres, etc. (xii) Periodical statements (Civil and Crl.) and U.T.P. - Whether periodical returns are being furnished to the High Court correctly and regularly in terms of the Rules prescribed in the G.R. and C.O. (Civil and Crl.) and instructions issued by the High Court from time to time. (xiii) Performance of the Registrar, Civil and Sessions Courts - (1) Whether the successive Registrars posted at the headquarters station are inspecting the offices and departments of which they are the Judge-in-charge. (2) Whether his performance in transacting the administrative business of the District Court is satisfactory. (3) Whether he is conducting training classes of the newly recruited ministerial officers regularly. (xiv) Clearance day inspection by the Sheristadar/Chief Ministerial Officers - Whether the successive Sheristadars/Chief Ministerial Officers of the Court are supervising the work of the Ministerial Officers of the Court by way of inspection and imparting instructions regularly. (xv) Inspection by the District Judge/Chief Judicial Magistrate/Presiding Officer :- Whether the District Judge is inspecting Subordinate Courts punctually and accurately in accordance with the Rules prescribed in the G.R. and C.O. (Civil and Crl.), Volume-I. (xvi) Library - (1) Whether physical verification of the Library is being done regularly as per the Rule prescribed in the G.R. and C.O. (Civil), Volume-I. (2) Whether steps have been taken for recovery of the missing law books, if any, and certificate of stock taking is being furnished to the High Court regularly. (3) Whether law books and journals purchased for the Library are being properly accounted for and steps taken for binding of the journals which are already received in complete. III. Judicial (i) State of Files- Pendency position of all categories of cases and appeals with their year wise break up shall be indicated in a Tabular form. \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Sl. No. \| Nature of cases \| Total pendency \| Pending over \| Year wise break up \| \| One year \| Six months \| \| (1) \| (2) \| (3) \| (4) \| (5) \| (6) \| (ii) Examination of pending case records - (i) Some oldest case records of all categories shall be examined; (ii) The reason for pendency, procedure of dealing with the case records with suggestion and instructions for early disposal shall be indicated in the notes in brief. (iii) Examination of disposed of case records- (i) Some disposed of case records such as, conviction and acquittal judgement of S.T. Cases, some appeals both Civil and Criminal including some bail applications shall be scrutinized; (ii) procedural defects and as to whether the conviction and acquittal is recorded properly or whether the decrees have been drawn up correctly and in time shall be indicated in the notes; (iii) Whether the bail applications have been disposed of promptly or not etc. IV. Maintenance of Important Registers (1) Defects and deficiencies as far as practicable which can be remedied at the spot should not be reflected in the notes. (2) Whether all the cases and appeals presented in the Court are being timely registered and entries made up to date. (3) Whether the results of the cases and appeals are being noted in the register properly and fact of communication of orders and judgement reflected in the register. The following important registers may be scrutinised (i) Register of Civil appeals and revisions (ii) Register of S.T. Cases (R) 23 (iii) Register of Criminal appeals and revisions (iv) Register of warrants of Imprisonments (R) 5 (v) Separate receipt register (R) 5-B (vi) Court fees register (R) 7 (vii) judgement register (viii) Diary (R) 6 and (R) 8, etc. are to be examined (ix) Fine register (A) 7 (x) Any other important register V. Departments - ### 1. Nizarat (i) Staff position (ii) Strength of process servers and furnishing required security by them (iii) Register of candidate (peons) Whether the candidate (peons) have been appointed according to the Rule. (iv) Register of process served (R) 9 & (R) 10 Whether processes are being served properly and returned to the issuing Court before due date. (v) Register of work done (R) 11 and (vi) Register of attendance and deputation of peon (R) 13 (vii) Register of cheque (viii) Preemtory cash book- (1) Whether the limit of P.C.R. is not exceeding on any date and kept without depositing the same in the treasury. (2) Whether the deposits accepted under P.C.R. are being done in view of Rule 516 at Page 143 of G.R. & C.O. (Civil), Volume-I. (ix) General Cash - On the date of inspection as well as on the date of arrival of the inspecting party the cash should be verified physically. Whether the cash has been verified by the Judge-in-Charge of the Nizarat once in every month regularly. Whether all the amounts drawn are being disbursed in time without being kept with the cashier for a longer period in contravention to the provision of Rule 242 of the subsidiary Rules. (x) Register of furniture and store- (1) Whether the furniture and other articles purchased have been properly accounted for in the Register. (2) Whether the stock and store has been audited regularly by the A.G. Whether physical verification of stock and store are being done by the Judge-in-Charge regularly as per Rule 112 and Rule 516 of the G.R. & C.O. (Civil) , Volume-I. (xi) Log Book - Whether the log books of the staff car and the jeep or other vehicle, if any, are being maintained properly. Whether any of the vehicle is being requisitioned by any officer for private use and if so whether the charges thereof are being realised as per the rules. (xii) Forms and Stationery Whether forms and stationery received have been accounted for. Whether the same have been properly preserved and equally distributed as per the requirement. VI. Malkhana (a) Whether property received in the Malkhana are properly entered in the register than and there. (b) Whether valuables like gold, silver and other ornaments are received in the Malkhana after being tested by the empanelled goldsmith and preserved safely as per rule. (c) Whether the results regarding disposal of properties are being noted in the register. (d) Whether the register of valuables are being verified at regular intervals and report submitted to the High Court. (e) Whether prompt steps are being taken for disposal of properties as per the rules VII. Accounts (1) Staff position (2) Inspection of the Accounts Section- If the Accounts Sections have been inspected by the District and Sessions Judge and the Judge-in-charge regularly. (3) Guard Files of Challan- (i) Whether the Civil Court deposits both (Civil & Criminal) are being made in appropriate head of account. (ii) Whether the copy of challans are preserved properly. (4) Register of payment orders (Civil & Criminal) - (i) Whether the payments orders are being promptly passed in favour of the parties entitled and they are in consistent with the orders of the Courts and Rules. (ii) Whether the payment orders are being entertained at the fag-end of the Financial year. (5) Treasury Advice lists- (a) Timely submission of advice list by the treasury. (b) Whether postings are made in the Register properly with reference to the Advice list. (c) Destruction of advice lists. (6) Daily Register of 'A' deposits received (A)-15 (Civil & (A)-11 (Criminal)- Regular posting in the registers with reference to the Treasury Advice lists. (7) Register of 'A' deposit repaid (A)-16 - Whether the entries in the register regarding repayments are being made up to date with reference to the Advice lists having no discrepancies. (8) Clearance Register (A)- 18- Whether all unpaid balances of 'A' deposits have been carried forward in the register without any discrepancies. (9) Register of Mis Receipts and repayments (A)- 20- The entries should be made with reference to the Treasury Advice Lists whether monthly and yearly totals have been made. (10) Submission of Accounts Statements : Whether plus and minus memorandum both the Civil and Criminal side have been regularly furnished to the A.G., Orissa through the Treasury Officer. If lapsed statements have been submitted to the Treasury in time. (11) Audit objection - Whether the accounts section of the District Court have been audited by A.G. Orissa on regulate intervals. If so, whether the Audit Objections have been duly and promptly complied with. (12) Pension Cases - Whether pension papers of all the retired employees of he judgeship have been submitted to the A.G., Orissa. Whether other retirement benefits of the employees have been promptly dealt with. (13) Register of short term advances and loans- Whether the fact of recovery of loans have been properly accounted for in the register. (14) Service Books - Whether the service books of the employees are being made up-to-date and the leave account are maintained properly. (15) C.C.Rs.- Whether the Character Rolls of the Ministerial Officers are being maintained up-to-date and the remarks in the C.C. Rs. are being made during the month of April each year. (16) Personal Claims - Whether the Travelling Allowances and the reimbursement cost of medicines are being sanctioned in favour of the member of the staff and officers on the basis of first come first serve basis. VIII. Record Room (a) Staff position (b) Inspection of the Record Room- (i) Whether the record room is being inspected by the District Judge regularly as per Rule 587 (9) of the G.R. & C.O. (Civil), Volume-I. (ii) Whether the half-yearly examination of certain proporation of disposed of case records are being examined by the District Judge or other officers nominated by the District and Sessions Judge as per Rule 454 of the G.R. & C.O. (Civil), Volume-I. (c) Plan and Index- Whether the plan and index has been prepared and exhibited in the front room of the Record Room and the same is maintained up-to-date. (d) Precaution against fire- (i) Whether all fire fighting weapons have been provided in the record room. (ii) Whether the fire extinguisher is being retested at regular intervals. (e) Consignment of case records- (i) Whether the disposed of case records are being consigned to the Record Room as per the stipulated date fixed for the purpose. (ii) If not, instructions be imparted for regular consignment. (f) Arrangement and preservation of Records- (i) Whether the records received have been arranged in accordance with the plan and index. (ii) Whether the records of permanent preservation have been kept in the selves after being properly bounded. (iii) Whether appropriate steps have been taken for proper preservation of records and insecticides have been applied at regular intervals. (g) Register of Records removed from the Record Room (R)-19 and (R)-15 (i) Whether the records either called for or removed and kept back have not been returned to the Record Room. (ii) Whether the reminder lists are being sent to the concerned Court once in every two months as per Circular Letter No.4366, dated the 19th April 1992 and footnote of the Form (M)-37 of the G.R. & C.O. (Civil), Volume-II for return of records. (iii) Whether the records received back are being restored in the appropriate selves. (h) Register of bulky documents- (i) Whether bulky documents have been properly preserved. (ii) Whether appropriate steps have been taken for return/disposal of bulky documents as per the Rule 329 of the G.R. & C.O. (Civil), Volume-I. (i) Register of defect reports (Civil & Criminal)- (a) Whether the case records received in the record room are being examined and defect report issued on valid points which can not be rectified in the record room. (b) Whether the defects sent to the concerned Courts are returned within the reasonable time after removal of defects. If not, whether the said Courts are being reminded from time to time to return the same. (j) Destruction of records- (i) Whether destruction of records is up to date (ii) Whether destruction of all classes of records are being done regularly soon after expiry of the period of preservation. IX. Copying Department (a) Staff position (b) Number of copy applications filed during the period from the date of previous inspection and number of applications pending with the Copying Section for preparation of copy. (c) Register of copy application- (i) Whether the certified copies both urgent or ordinary are being supplied within the stipulated time prescribed in the G.R. & C.O. (Crl.), Volume-I. (ii) Whether preference is being given to the older application over new ones (iii) Whether the documents received from different Courts for preparation of copy are returned to the issuing Courts soon after the preparation of the certified copy. (d) Preparation of police papers- (i) Number of case records pending for preparation of copies of Police Papers. (ii) Whether police papers are being prepared in order of preference of date of posting of the case and the cases involving U.T.Ps. and Triable by the Court of Sessions. (e) Outturn of Copyists and Typists- Whether the Typists and Copyists working in the Copying Section have reached the prescribed outturn in view of Rule-292 of the G.R. & C.O. (Crl.), Volume I. (f) Xerox Machine- Whether the certified copies are being prepared by Xerox process with the help of the Xerox machine of the Court or the machine installed by the private entrepreneure according to the Rules prescribed by the Court in the G.R. & C.O. (Crl.), Volume-I. If not, instructions be imparted accordingly. X. Computer (i) Whether the Computer installed at the station is functioning properly ? (ii) Whether the matter relating to the Salary and other administrative functions are being processed through computer ? (iii) Whether the statistics regarding pendency and disposal of all courts of the Judgeship have been computerised ? (iv) Any other matter XI. Diary (a) (i) If the diaries of the Court are maintained up to date. (ii) If reasons for adjournment of suits and cases have been indicated in the diary. (iii) Whether preference has been given for hearing of year old suits and cases and cases involving U.T.Ps. (iv) If posting of cases has been properly planned. (v) Any other matter. (b) Outturn - (i) Outturn of work of all the successive Presiding Officers shall be shown separately. (ii) Whether the outturn of work of the Officers are adequate or inadequate. (iii) If the Presiding Judge has devoted adequate member of days for trial of Civil matters as per the instructions of the Court. (iv) Whether the Presiding Officer has properly utilised the administrative days and indicated the fact in the administrative diary. (v) Any other matter XII. General (i) If the performance of the Presiding Judge in the dias is satisfactory (This aspect may be indicated if the Inspecting Judge sat in the dias with the Presiding Officer). (ii) The Administrative and Judicial functions of the Presiding Officer shall be commented upon. (iii) Condition of the office and working of the Ministerial Officers. (iv) Suggestions for improving efficiency of Officer and the condition of office, if any.
65b90bcbab84c7eca86e836c	acts	State of Telangana - Act -------------------------- Telangna Home Guards Act, 1948 -------------------------------- TELENGANA India Telangna Home Guards Act, 1948 ================================ Act 1 of 1948 --------------- * Published on 1 June 2016 * Commenced on 1 June 2016 Telangna Home Guards Act, 1948 (Act No. 1 of 1948 ) Last Updated 14th January, 2020 The Andhra Pradesh Home Guards Act, 1948 in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. ### 1. Short title, extent and commencement. (1) This Act may be called, [the Telangana Home Guards Act, 1948] [Substituted by G.O. Ms. No. 45, Law (F) Department, dated 01.06.2016.] . (2) It extends to the whole of the [State of Telangana] [Substituted by G.O. Ms. No. 45, Law (F) Department, dated 01.06.2016.] . (3) (a) This section shall come into force at once in the whole of the State. (b) The rest of this Act shall come into force at once in the districts of East Godavari, West Godavari, Krishna, Guntur, Kurnool, Anantapur, Cuddapah and Nellore. (c) The State Government, may, by notification in the [Telangana Gazette,] [Substituted by G.O. Ms. No. 45, Law (F) Department, dated 01.06.2016.] extend the rest of this Act to any other area in the State with effect from such date as may be specified in the notification. ### 2. Definitions. - In this Act, unless there is anything repugnant in the subject or context- (a) "Home Guard" means a person who is appointed as a Home Guard under this Act; (b) "prescribed" means prescribed by rules made under this Act. ### 3. Constitution of Home Guards and appointment of officers. (1) The State Government may constitute for each of the areas specified in section 1 (3) (b), and for each of the other areas notified under section 1 (3) (c), a volunteer body called the "Home Guards", every member of which shall have such powers and discharge such duties in relation to the protection of persons, the security of property, and the preservation of public order or tranquillity as may be assigned to him by or under this Act. (2) The State Government or any person empowered by them in this behalf may appoint as many officers as the State Government may consider necessary for the proper governance and conduct of the Home Guards; one of the officers so appointed may be Commandant for all the Home Guards of the State. ### 4. Appointment and removal of Home Guards. (1) Subject to the provisions of this Act and the rules made thereunder, any person possessing the prescribed qualifications and willing to serve may be appointed as a Home Guard by such authority and in such manner as may be prescribed. (2) Every Home Guard shall receive a certificate of appointment which shall be in such form and shall be issued by such authority as may be prescribed and thereupon he shall have the powers, privileges and protection conferred, and discharge the duties imposed, on a Home Guard by or under this Act. (3) The prescribed authority may, subject to such conditions as may be prescribed, suspend, dismiss or remove any Home Guard from his office; and thereupon the certificate received by him shall cease to have effect. ### 5. Period of service and discharge. - A Home Guard shall be bound to serve the State Government for such period and in such areas as may be prescribed, but he may be discharged at any time by such authority and subject to such conditions as may be prescribed. ### 6. [ Calling out of Home Guards. [Substituted for original section by section 3 of and the Schedule to the Andhra Pradesh Extension of Laws Act, 1958 (Andhra Pradesh Act XXIII of 1958).] - The Commissioner of Police in the Cities of Hyderabad and Secunderabad, and the District Superintendent of Police in the district concerned may, at any time, call out in such manner and through such officer as may be prescribed, any Home Guard for the cities aforesaid or district as the case may be, for training or for discharging any duties assigned to him by or under this Act.] ### 7. Powers, privileges and protection of Home Guards. (1) A Home Guard, when called out under section 6 shall have the same powers, privileges and protection as an officer of the Police appointed under [the Hyderabad City Police Act (Act IX of 1348 F) or the [Andhra Pradesh (Andhra Area) District Police Act, 1859,] [Substituted for the expression 'the Madras District Police Act, 1859' by section 3 of and the schedule to the Andhra Pradesh Extension of Laws Act, 1958 (Andhra Pradesh Act XXIII of 1958).] as the case may be.] (2) No prosecution shall be instituted against a Home Guard in respect of any act done or purporting to be done in the exercise of his powers or the discharge of his duties as such, except with the previous sanction [of the Commissioner of Police in the Cities of Hyderabad and Secunderabad and of the District Superintendent of Police in the district concerned.] [Substituted by section 3 of and the Schedule to the Andhra Pradesh Extension of Laws Act, 1958 (Andhra Pradesh Act XXIII of 1958).] ### 8. Control by Officers of Police force. - A Home Guard, when called out under section 6 in aid of the police force, shall be under the control of the officers of the police force in such manner and to such extent as may be prescribed. ### 9. Penalties. (1) If any Home Guard, without sufficient cause, neglects or refuses to obey the orders of any superior authority or officer, or fails to discharge any other duty, or deserts his post, or is guilty of any wilful breach or neglect of any provision of this Act or any of rule or lawful order made or issued thereunder by a competent authority, he shall be punishable with simple imprisonment for a term which may extend to three months or with fine which way extend to two hundred and fifty rupees or with both. (2) No prosecution shall be instituted against any Home Guard for any offence punishable under sub-section (1), without the previous sanction of an officer empowered by the State Government in this behalf. (3) An offence punishable under sub-section (1) shall be cognizable. ### 10. Rules. (1) The State Government may, by notification in the [Telangana Gazette] [Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.] , make rules consistent with this Act for giving effect to the purposes thereof. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for or regulate the following matters, namely:- (a) all matters required or allowed by this Act to be prescribed; (b) the exercise by any police officer or any officer of the Home Guards of the powers conferred by section 6 on [the Commissioner of Police, or the District Superintendent of Police concerned, as the case may be;] [Substituted by section 3 of, and the Schedule to, the Andhra Pradesh Extension of Laws Act, 1958 (Andhra Pradesh Act XXIII of 1958).] (c) the exercise of control by officers of the police force over Home Guards when acting in aid of the police force; (d) the organization, appointment, discipline, training, arms, accoutrements and clothing, conditions of service, powers, and duties of Home Guards; (e) the exercise by Home Guards of any of the powers exercisable under section 7, sub-section (1). ### 11. Home Guards to be public servants. - Home Guards acting in the exercise of their powers or the discharge of their duties under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.(Central Act 45 of 1860) ### 12. [Repealed by section 2 of, and the First Schedule to the Madras Act XI of 1952.]
65ba90e1ab84c7eca86ec1cb	acts	Union of India - Act ---------------------- Banning of Unregulated Deposit Schemes Act, 2019 -------------------------------------------------- UNION OF INDIA India Banning of Unregulated Deposit Schemes Act, 2019 ================================================== Act 21 of 2019 ---------------- * Published on 31 July 2019 * Commenced on 31 July 2019 Banning of Unregulated Deposit Schemes Act, 2019 (Act No. 21 of 2019 ) Last Updated 1st August, 2019 [Dated 31.7.2019.] Ministry of Law and Justice (Legislative Department) The following Act of Parliament received the assent of the President on the 31st July, 2019, and is hereby published for general information: - An Act to provide for a comprehensive mechanism to ban the unregulated deposit schemes, other than deposits taken in the ordinary course of business, and to protect the interest of depositors and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Seventieth Year of the Republic of India as follows: - Chapter I Preliminary -------------------------- ### 1. Short title, extent and commencement. (1) This Act may be called the Banning of Unregulated Deposit Schemes Act, 2019. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall be deemed to have come into force on the 21st day of February, 2019. ### 2. Definitions. - In this Act, unless the context otherwise requires, - (1) "appropriate Government" means in respect of matters relating to, - (i) the Union territory without legislature, the Central Government; (ii) the Union territory of Puducherry, the Government of that Union territory; (iii) the Union territory of Delhi, the Government of that Union territory; and (iv) the State, the State Government; (2) "company" shall have the same meaning as assigned to it in clause (20) of section 2 of the Companies Act, 2013; (3) "Competent Authority" means an Authority appointed by the appropriate Government under section 7; (4) "deposit" means an amount of money received by way of an advance or loan or in any other form, by any deposit taker with a promise to return whether after a specified period or otherwise, either in cash or in kind or in the form of a specified service, with or without any benefit in the form of interest, bonus, profit or in any other form, but does not include - (a) amounts received as loan from a scheduled bank or a co-operative bank or any other banking company as defined in section 5 of the Banking Regulation Act, 1949; (b) amounts received as loan or financial assistance from the Public Financial Institutions notified by the Central Government in consultation with the Reserve Bank of India or any non-banking financial company as defined in clause (f) of section 45-I of the Reserve Bank of India Act, 1934 and is registered with the Reserve Bank of India or any Regional Financial Institutions or insurance companies; (c) amounts received from the appropriate Government, or any amount received from any other source whose repayment is guaranteed by the appropriate Government, or any amount received from a statutory authority constituted under an Act of Parliament or a State Legislature; (d) amounts received from foreign Governments, foreign or international banks, multilateral financial institutions, foreign Government owned development financial institutions, foreign export credit collaborators, foreign bodies corporate, foreign citizens, foreign authorities or person resident outside India subject to the provisions of the Foreign Exchange Management Act, 1999 and the rules and regulations made thereunder; (e) amounts received by way of contributions towards the capital by partners of any partnership firm or a limited liability partnership; (f) amounts received by an individual by way of loan from his relatives or amounts received by any firm by way of loan from the relatives of any of its partners; (g) amounts received as credit by a buyer from a seller on the sale of any property (whether movable or immovable); (h) amounts received by an asset re-construction company which is registered with the Reserve Bank of India under section 3 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; (i) any deposit made under section 34 or an amount accepted by a political party under section 29B of the Representation of the People Act, 1951; (j) any periodic payment made by the members of the self-help groups operating within such ceilings as may be prescribed by the State Government or Union territory Government; (k) any other amount collected for such purpose and within such ceilings as may be prescribed by the State Government; (l) an amount received in the course of, or for the purpose of, business and bearing a genuine connection to such business including - (i) payment, advance or part payment for the supply or hire of goods or provision of services and is repayable in the event the goods or services are not in fact sold, hired or otherwise provided; (ii) advance received in connection with consideration of an immovable property under an agreement or arrangement subject to the condition that such advance is adjusted against such immovable property as specified in terms of the agreement or arrangement; (iii) security or dealership deposited for the performance of the contract for supply of goods or provision of services; or (iv) an advance under the long-term projects for supply of capital goods except those specified in item (ii): Provided that if the amounts received under items (i) to (iv) become refundable, such amounts shall be deemed to be deposits on the expiry of fifteen days from the date on which they become due for refund: Provided further that where the said amounts become refundable, due to the deposit taker not obtaining necessary permission or approval under the law for the time being in force, wherever required, to deal in the goods or properties or services for which money is taken, such amounts shall be deemed to be deposits. Explanation. - For the purposes of this clause, - (i) in respect of a company, the expression "deposit" shall have the same meaning as assigned to it under the Companies Act, 2013; (ii) in respect of a non-banking financial company registered under the Reserve Bank of India Act, 1934, the expression "deposit" shall have the same meaning as assigned to it in clause (bb) of section 45-I of the said Act; (iii) the expressions "partner" and "firm" shall have the meanings respectively assigned to them under the Indian Partnership Act, 1932; (iv) the expression "partner" in respect of a limited liability partnership shall have the same meaning as assigned to it in clause (q) of sub-section (1) of section 2 of the Limited Liability Partnership Act, 2008; (v) the expression "relative" shall have the same meaning as assigned to it in the Companies Act, 2013; (5) "depositor" means any person who makes a deposit under this Act; (6) "deposit taker" means - (i) any individual or group of individuals; (ii) a proprietorship concern; (iii) a partnership firm (whether registered or not); (iv) a limited liability partnership registered under the Limited Liability Partnership Act, 2008; (v) a company; (vi) an association of persons; (vii) a trust (being a private trust governed under the provisions of the Indian Trusts Act, 1882 or a public trust, whether registered or not); (viii) a co-operative society or a multi-State co-operative society; or (ix) any other arrangement of whatsoever nature, receiving or soliciting deposits, but does not include - (i) a Corporation incorporated under an Act of Parliament or a State Legislature; (ii) a banking company, a corresponding new bank, the State Bank of India, a subsidiary bank, a regional rural bank, a co-operative bank or a multi-State co-operative bank as defined in the Banking Regulation Act,1949; (7) "Designated Court" means a Designated Court constituted by the appropriate Government under section 8; (8) "insurer" shall have the same meaning as assigned to it in clause (9) of section 2 of the Insurance Act, 1938; (9) "notification" means a notification published in the Official Gazette and the expression "notify" shall be construed accordingly; (10) "person" includes - (i) an individual; (ii) a Hindu Undivided Family; (iii) a company; (iv) a trust; (v) a partnership firm; (vi) a limited liability partnership; (vii) an association of persons; (viii) a co-operative society registered under any law for the time being in force relating to co-operative societies; or (ix) every artificial juridical person, not falling within any of the preceding sub-clauses; (11) "prescribed" means prescribed by the rules made by the Central Government or, as the case may be, the State Government under this Act; (12) "property" means any property or assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and includes deeds and instruments evidencing title to, or interest in, such property or assets, wherever located; (13) "public financial institution" shall have the same meaning as assigned to it in clause (72) of section 2 of the Companies Act, 2013; (14) "Regulated Deposit Scheme" means the Schemes specified under column (3) of the First Schedule; (15) "Regulator" means the Regulator specified in column (2) of the First Schedule; (16) "Schedule" means the Schedule appended to this Act; (17) "Unregulated Deposit Scheme" means a Scheme or an arrangement under which deposits are accepted or solicited by any deposit taker by way of business and which is not a Regulated Deposit Scheme, as specified under column (3) of the First Schedule. Chapter II Banning of Unregulated Deposit Schemes ------------------------------------------------------ ### 3. Banning of Unregulated Deposit Schemes. - On and from the date of commencement of this Act, - (a) the Unregulated Deposit Schemes shall be banned; and (b) no deposit taker shall, directly or indirectly, promote, operate, issue any advertisement soliciting participation or enrolment in or accept deposits in pursuance of an Unregulated Deposit Scheme. ### 4. Fraudulent default in Regulated Deposit Schemes. - No deposit taker, while accepting deposits pursuant to a Regulated Deposit Scheme, shall commit any fraudulent default in the repayment or return of deposit on maturity or in rendering any specified service promised against such deposit. ### 5. Wrongful inducement in relation to Unregulated Deposit Schemes. - No person by whatever name called shall knowingly make any statement, promise or forecast which is false, deceptive or misleading in material facts or deliberately conceal any material facts, to induce another person to invest in, or become a member or participant of any Unregulated Deposit Scheme. ### 6. Certain scheme to be Unregulated Deposit Scheme. - A prize chit or a money circulation scheme banned under the provisions of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978 shall be deemed to be an Unregulated Deposit Scheme under this Act. Chapter III Authorities ---------------------------- ### 7. Competent Authority. (1) The appropriate Government shall, by notification, appoint one or more officers not below the rank of Secretary to that Government, as the Competent Authority for the purposes of this Act. (2) The appropriate Government may, by notification, appoint such other officer or officers as it thinks fit, to assist the Competent Authority in discharging its functions under this Act. (3) Where the Competent Authority or officers appointed under sub-section (2), for the purposes of this section, has reason to believe (the reason for such belief to be recorded in writing), on the basis of such information and particulars as may be prescribed, that any deposit taker is soliciting deposits in contravention of section 3, he may, by an order in writing, provisionally attach the deposits held by the deposit taker and the money or other property acquired either in the name of the deposit taker or in the name of any other person on behalf of the deposit taker from the date of the order, in such manner as may be prescribed. (4) The Competent Authority shall, for the purposes of sub-section (3), have the same powers as vested in a civil court under the Code of Civil Procedure, 1908 while conducting investigation or inquiry in respect of the following matters, namely: - (a) discovery and inspection; (b) enforcing the attendance of any person, including any officer of a reporting entity and examining him on oath; (c) compelling the production of records; (d) receiving evidence on affidavits; (e) issuing commissions for examination of witnesses and documents; and (f) any other matter which may be prescribed. (5) The Competent Authority shall have power to summon any person whose attendance he considers necessary whether to give evidence or to produce any records during the course of any investigation or proceeding under this section. (6) All the persons so summoned shall be bound to attend in person or through authorised agents, as such officer may direct, and shall be bound to state the truth upon any subject respecting which they are examined or make statements, and produce such documents as may be required. (7) Every proceeding under sub-sections (4) and (5) shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code. (8) Subject to any rules made in this behalf by the Central Government, any officer referred to in sub-section (2) may impound and retain in his custody for such period, as he thinks fit, any records produced before him in any proceedings under this Act: Provided that the officer or officers referred to in sub-section (2) shall not - (a) impound any records without recording his reasons for so doing; or (b) retain in his custody any such records for a period exceeding three months, without obtaining the previous approval of the Competent Authority. ### 8. Designated Court. (1) The appropriate Government shall, with the concurrence of the Chief Justice of the concerned High Court, by notification, constitute one or more Courts known as the Designated Courts for such area or areas or such case or cases as may be specified in such notification, which shall be presided over by a Judge not below the rank of a District and Sessions Judge or Additional District and Sessions Judge. (2) No Court other than the Designated Court shall have jurisdiction in respect of any matter to which the provisions of this Act apply. (3) When trying an offence under this Act, the Designated Court may also try an offence, other than an offence under this Act, with which the accused may, under the Code of Criminal Procedure, 1973, be charged at the same trial. Chapter IV Information On Deposit Takers --------------------------------------------- ### 9. Central database. (1) The Central Government may designate an authority, whether existing or to be constituted, which shall create, maintain and operate an online database for information on deposit takers operating in India. (2) The authority designated under sub-section (1) may require any Regulator or the Competent Authority to share such information on deposit takers, as may be prescribed. ### 10. Information of business by deposit taker. (1) Every deposit taker which commences or carries on its business as such on or after the commencement of this Act shall intimate the authority referred to in sub-section (1) of section 9 about its business in such form and manner and within such time, as may be prescribed. (2) The Competent Authority may, if it has reason to believe that the deposits are being solicited or accepted pursuant to an Unregulated Deposit Scheme, direct any deposit taker to furnish such statements, information or particulars, as it considers necessary, relating to or connected with the deposits received by such deposit taker. Explanation. - For the removal of doubts, it is hereby clarified that - (a) the requirement of intimation under sub-section (1) is applicable to deposit takers accepting or soliciting deposits as defined in clause (4) of section 2; and (b) the requirement of intimation under sub-section (1) applies to a company, if the company accepts the deposits under Chapter V of the Companies Act, 2013. ### 11. Information to be shared. (1) The Competent Authority shall share all information received under section 29 with the Central Bureau of Investigation and with the authority which may be designated by the Central Government under section 9. (2) The appropriate Government, any Regulator, income-tax authorities or any other investigation agency, having any information or documents in respect of the offence investigated under this Act by the police or the Central Bureau of Investigation, shall share all such information or documents with the police or the Central Bureau of Investigation. (3) Where the principal officer of any banking company, a corresponding new bank, the State Bank of India, a subsidiary bank, a regional rural bank, a co-operative bank or a multi-State co-operative bank has reason to believe that any client is a deposit taker and is acting in contravention to the provisions of this Act, he shall forthwith inform the same to the Competent Authority. Chapter V Restitution To Depositors ---------------------------------------- ### 12. Priority of depositors' claim. - Save as otherwise provided in the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 or the Insolvency and Bankruptcy Code, 2016, any amount due to depositors from a deposit taker shall be paid in priority over all other debts and all revenues, taxes, cesses and other rates payable to the appropriate Government or the local authority. ### 13. Precedence of attachment. (1) Save as otherwise provided in the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 or the Insolvency and Bankruptcy Code, 2016, an order of provisional attachment passed by the Competent Authority, shall have precedence and priority, to the extent of the claims of the depositors, over any other attachment by any authority competent to attach property for repayment of any debts, revenues, taxes, cesses and other rates payable to the appropriate Government or the local authority. (2) Where an order of provisional attachment has been passed by the Competent Authority - (a) such attachment shall continue until an order is passed under sub-section (3) or sub-section (5) of section 15 by the Designated Court; (b) all the attached money or property of the deposit taker and the persons mentioned therein shall vest in the Competent Authority and shall remain so vested till further order of the Designated Court. (3) The Competent Authority shall open an account in a scheduled bank for the purpose of crediting and dealing with the money realised under this Act, which shall not be utilised except under the instructions of the Designated Court. (4) The Competent Authority shall not dispose of or alienate the property or money attached, except in accordance with the order of the Designated Court under sub-section (3) or sub-section (5) of section 15. (5) Notwithstanding anything contained in sub-section (4), the Competent Authority may, if it thinks it expedient, order the immediate sale of perishable items or assets, and the proceeds of the sale shall be utilised in the same manner as provided for other property. ### 14. Application for confirmation of attachment and sale of property. (1) The Competent Authority shall, within a period of thirty days, which may extend up to sixty days, for reasons to be recorded in writing, from the date of the order of provisional attachment, file an application with such particulars as may be prescribed, before the Designated Court for making the provisional attachment absolute, and for permission to sell the property so attached by public auction or, if necessary, by private sale. (2) In case where the money or property has been attached on the permission granted by a Designated Court in another State or Union territory, the application for confirmation of such attachment shall be filed in that Court. ### 15. Confirmation of attachment by Designated Court. (1) Upon receipt of an application under section 14, the Designated Court shall issue notice to - (a) the deposit taker; and (b) any person whose property is attached under section 14, to show cause, within a period of thirty days from the date of issue of notice, as to why the order of attachment should not be made absolute and the properties so attached be sold. (2) The Designated Court shall also issue notice to all other persons represented to it as having or being likely to claim any interest or title in the property, to appear on the same date as persons referred to in sub-section (1) to raise objections, if they so desire, to the attachment of the property. (3) The Designated Court shall, after adopting such procedure as may be prescribed, pass an order - (a) making the provisional order of attachment absolute; or (b) varying it by releasing a portion of the property from attachment; or (c) cancelling the provisional order of attachment, and in case of an order under clause (a) or clause (b), direct the Competent Authority to sell the property so attached by public auction or, if necessary, by private sale and realise the sale proceeds. (4) The Designated Court shall not, in varying or cancelling the provisional order of attachment, release any property from attachment, unless it is satisfied that - (a) the deposit taker or the person referred to in sub-section (1) has interest in such property; and (b) there shall remain an amount or property sufficient for repayment to the depositors of such deposit taker. (5) The Designated Court shall pass such order or issue such direction as may be necessary for the equitable distribution among the depositors of the money attached or realised out of the sale. (6) The Designated Court shall endeavour to complete the proceedings under this section within a period of one hundred and eighty days from the date of receipt of the application referred to in sub-section (1). ### 16. Attachment of property of mala fide transferees. (1) Where the Designated Court is satisfied that there is a reasonable cause for believing that the deposit taker has transferred any property otherwise than in good faith and not for commensurate consideration, it may, by notice, require any transferee of such property, whether or not he received the property directly from the said deposit taker, to appear on a date to be specified in the notice and show cause why so much of the transferee's property as is equivalent to the proper value of the property transferred should not be attached. (2) Where the said transferee does not appear and show cause on the specified date or where the Designated Court is satisfied that the transfer of the property to the said transferee was not a bona fide transfer and not for commensurate consideration, it shall order the attachment of so much of the said transferee's property as in its opinion is equivalent to the proper value of the property transferred. ### 17. Payment in lieu of attachment. (1) Any deposit taker or a person referred to in sub-section (1) of section 15, or transferee referred to in section 16 whose property is about to be attached or has been provisionally attached under this Act, may, at any time before the confirmation of attachment, apply to the Designated Court for permission to deposit the fair value of the property in lieu of attachment. (2) While allowing the deposit taker or person or transferee referred to in sub-section (1) to make the deposit under sub-section (1), the Designated Court may order such deposit taker or person or transferee to pay any sum towards costs as may be applicable. ### 18. Powers of Designated Court. (1) The Designated Court shall exercise the following powers, namely: - (a) power to approve the statement of dues of the deposit taker due from various debtors; (b) power to assess the value of the assets of the deposit taker and finalise the list of the depositors and their respective dues; (c) power to direct the Competent Authority to take possession of any assets belonging to or in the control of the deposit taker and to sell, transfer or realise the attached assets, either by public auction or by private sale as it deems fit depending upon the nature of assets and credit the sale proceeds thereof to its bank account; (d) power to approve the necessary expenditure to be incurred by the Competent Authority for taking possession and realisation of the assets of the deposit taker; (e) power to pass an order for full payment to the depositors by the Competent Authority or an order for proportionate payment to the depositors in the event, the money so realised is not sufficient to meet the entire deposit liability; (f) power to direct any person, who has made profit or averted loss by indulging in any transaction or activity in contravention of the provisions of this Act, to disgorge an amount equivalent to the wrongful gain made or loss averted by such contravention; and (g) power to pass any other order which the Designated Court deems fit for realisation of assets of the deposit taker and for repayment of the same to the depositors of such deposit taker or on any other matter or issue incidental thereto. (2) On the application of any person interested in any property attached and vested in the Competent Authority under this Act and after giving such Competent Authority an opportunity of being heard, make such order as the Designated Court considers just and reasonable for - (a) providing from such of the property attached and vested in the Competent Authority as the applicant claims an interest in, such sums as may be reasonably necessary for the maintenance of the applicant and of his family, and for expenses connected with the defence of the applicant where criminal proceedings have been initiated against him in the Designated Court under this Act; or (b) safeguarding, so far as may be practicable, the interest of any business affected by the attachment. Explanation. - For the purposes of this section, the expression "deposit taker" includes the directors, promoters, managers or members of said establishment or any other person whose property or assets have been attached under this Act. ### 19. Appeal to High Court. - Any person including the Competent Authority, if aggrieved by any final order of the Designated Court under this Chapter, may appeal to the High Court, within a period of sixty days from the date of such order: Provided that the High Court may entertain the appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time. Explanation. - The expression "High Court" means the High Court of a State or Union territory where the Designated Court is situated. ### 20. Power of Supreme Court to transfer cases. (1) Whenever it is made to appear to the Supreme Court that there is a default in any deposit scheme or deposit schemes of the nature referred to in section 30, the Supreme Court may, by an order, direct that any particular case be transferred from one Designated Court to another Designated Court. (2) The Supreme Court may act under this section only on an application filed by the Competent Authority or any interested party, and every such application shall be supported by an affidavit. (3) Where an application for the exercise of the powers conferred by this section is dismissed, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding fifty thousand rupees as it may consider appropriate in the circumstances of the case. Chapter VI Offences and Punishments ---------------------------------------- ### 21. Punishment for contravention of section 3. (1) Any deposit taker who solicits deposits in contravention of section 3 shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which shall not be less than two lakh rupees but which may extend to ten lakh rupees. (2) Any deposit taker who accepts deposits in contravention of section 3 shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine which shall not be less than three lakh rupees but which may extend to ten lakh rupees. (3) Any deposit taker who accepts deposits in contravention of section 3 and fraudulently defaults in repayment of such deposits or in rendering any specified service, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to ten years and with fine which shall not be less than five lakh rupees but which may extend to twice the amount of aggregate funds collected from the subscribers, members or participants in the Unregulated Deposit Scheme. Explanation. - For the purposes of this Act, - (i) the expression "fraudulently" shall have the same meaning as assigned to it in section 25 of the Indian Penal Code; (ii) where the terms of the Deposit Scheme are entirely impracticable or unviable, the terms shall be relevant facts showing an intention to defraud. ### 22. Punishment for contravention of section 4. - Any deposit taker who contravenes the provisions of section 4 shall be punishable with imprisonment for a term which may extend to seven years, or with fine which shall not be less than five lakh rupees but which may extend to twenty-five crore rupees or three times the amount of profits made out of the fraudulent default referred to in said section, whichever is higher, or with both. ### 23. Punishment for contravention of section 5. - Any person who contravenes the provisions of section 5 shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which may extend to ten lakh rupees. ### 24. Punishment for repeat offenders. - Whoever having been previously convicted of an offence punishable under this Chapter, except the offence under section 26, is subsequently convicted of an offence shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to ten years and with fine which shall not be less than ten lakh rupees but which may extend to fifty crore rupees. ### 25. Offences by deposit takers other than individuals. (1) Where an offence under this Act has been committed by a deposit taker other than an individual, every person who, at the time the offence was committed, was in charge of, and was responsible to, the deposit taker for the conduct of its business, as well as the deposit taker, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Nothing contained in sub-section (1) shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (3) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a deposit taker other than an individual, and it is proved that the offence - (a) has been committed with the consent or connivance of; or (b) is attributable to any neglect on the part of any director, manager, secretary, promoter, partner, employee or other officer of the deposit taker, such person shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. ### 26. Punishment for contravention of section 10. - Whoever fails to give the intimation required under sub-section (1) of section 10 or fails to furnish any such statements, information or particulars as required under sub-section (2) of that section, shall be punishable with fine which may extend to five lakh rupees. ### 27. Cognizance of offences. - Notwithstanding anything contained in section 4, no Designated Court shall take cognizance of an offence punishable under that section except upon a complaint made by the Regulator: Provided that the provisions of section 4 and this section shall not apply in relation to a deposit taker which is a company. Chapter VII Investigation, Search and Seizure -------------------------------------------------- ### 28. Offences to be cognizable and non-bailable. - Notwithstanding anything contained in the Code of Criminal Procedure, 1973 every offence punishable under this Act, except the offence under section 22 and section 26, shall be cognizable and non-bailable. ### 29. Competent Authority to be informed of offences. - The police officer shall, on recording information about the commission of an offence under this Act, inform the same to the Competent Authority. ### 30. Investigation of offences by Central Bureau of Investigation. (1) On receipt of information under section 29 or otherwise, if the Competent Authority has reason to believe that the offence relates to a deposit scheme or deposit schemes in which - (a) the depositors, deposit takers or properties involved are located in more than one State or Union territory in India or outside India; and (b) the total value of the amount involved is of such magnitude as to significantly affect the public interest, the Competent Authority shall refer the matter to the Central Government for investigation by the Central Bureau of Investigation. (2) The reference made by the Competent Authority under sub-section (1) shall be deemed to be with the consent of the State Government under section 6 of the Delhi Special Police Establishment Act, 1946. (3) On the receipt of the reference under sub-section (1), the Central Government may transfer the investigation of the offence to the Central Bureau of Investigation under section 5 of the Delhi Special Police Establishment Act, 1946. ### 31. Power to enter, search and seize without warrant. (1) Whenever any police officer, not below the rank of an officer in-charge of a police station, has reason to believe that anything necessary for the purpose of an investigation into any offence under this Act may be found in any place within the limits of the police station of which he is in-charge, or to which he is attached, such officer may, with the written authorisation of an officer not below the rank of Superintendent of Police, and after recording in writing so far as possible, the thing for which the search is to be made and subject to the rules made in this behalf, authorise any officer subordinate to him, - (a) to enter and search any building, conveyance or place, between sunrise and sunset, which he has reason to suspect is being used for purposes connected with the promotion or conduct of any deposit taking scheme or arrangement in contravention of the provisions of this Act; (b) in case of resistance, to break open any door and remove any obstacle to such entry, if necessary by force, with such assistance as he considers necessary, for exercising the powers conferred by clause (a); (c) to seize any record or property found as a result of the search in the said building, conveyance or place, which are intended to be used, or reasonably suspected to have been used, in connection with any such deposit taking scheme or arrangement in contravention of the provisions of this Act; and (d) to detain and search, and if he thinks proper, take into custody and produce before any Designated Court any such person whom he has reason to believe to have committed any offence punishable under this Act: Provided that if such officer has reason to believe that the said written authorisation cannot be obtained without affording opportunity for the concealment of evidence or facility for the escape of an offender, he may, without the said written authorisation, enter and search such building, conveyance or place, at any time between sunset and sunrise after recording the grounds in writing. (2) Where it is not practicable to seize the record or property, the officer authorised under sub-section (1), may make an order in writing to freeze such property, account, deposits or valuable securities maintained by any deposit taker about which a complaint has been made or credible information has been received or a reasonable suspicion exists of their having been connected with the promotion or conduct of any deposit taking scheme or arrangement in contravention of the provisions of this Act and it shall be binding on the concerned bank or financial or market establishment to comply with the said order: Provided that no bank or financial or market establishment shall freeze such account, deposit or valuable securities, for a period beyond thirty days unless the same is authorised by the order of the Designated Court: Provided further that, if at any time, it becomes practicable to seize the frozen property, the officer authorised under sub-section (1) may seize such property. Explanation. - For the purposes of this section, the expressions, - (i) "freezing of account" shall mean that no transaction, whether deposit or withdrawal shall be allowed in the said account; and (ii) "freezing of property" shall mean that no transfer, conversion, disposition or movement of property shall be allowed. (3) Where an officer takes down any information in writing or records grounds for his belief or makes an order in writing under sub-section (1) or sub-section (2), he shall, within a time of seventy-two hours send a copy thereof to the Designated Court in a sealed envelope and the owner or occupier of the building, conveyance or place shall, on application, be furnished, free of cost, with a copy of the same by the Designated Court. (4) All searches, seizures and arrests under this section shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973. ### 32. Application of Code of Criminal Procedure, 1973 to proceedings before Designated Court. (1) The Designated Court may take cognizance of offences under this Act without the accused being committed to it for trial. (2) Save as otherwise provided in section 31, the provisions of the Code of Criminal Procedure, 1973 shall apply - (a) to all arrests, searches and seizures made under this Act; (b) to the proceedings under this Act and for the purposes of the said provisions, the Designated Court shall be deemed to be a Court of Session and the persons conducting the prosecution before the Designated Court, shall be deemed to be Public Prosecutors. Chapter VIII Miscellaneous ------------------------------- ### 33. Publication of advertisement of Unregulated Deposit Scheme. - Where any newspaper or other publication of any nature, contains any statement, information or advertisement promoting, soliciting deposits for, or inducing any person to become a member of any Unregulated Deposit Scheme, the appropriate Government may direct such newspaper or publication to publish a full and fair retraction, free of cost, in the same manner and in the same position in such newspaper or publication as may be prescribed. ### 34. Act to have overriding effect. - Save as otherwise expressly provided in this Act, the provisions of this Act shall have effect notwithstanding anything contained in any other law for the time being in force, including any law made by any State or Union territory. ### 35. Application of other laws not barred. - The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force. ### 36. Protection of action taken in good faith. - No suit, prosecution or other legal proceedings shall lie against the appropriate Government or the Competent Authority or any officer of the appropriate Government for anything which is in good faith done or intended to be done under this Act or the rules made thereunder. ### 37. Power of Central Government to make rules. (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 may provide for all or any of the following matters, namely: - (a) the information and other particulars to be taken into consideration before issuing an order, and the manner of attachment, under sub-section (3) of section 7; (b) the information to be shared under sub-section (2) of section 9; (c) the form and manner in which and the time within which the intimation shall be given under sub-section (1) of section 10; (d) the particulars contained in the application to be filed by the Competent Authority before the Designated Court under sub-section (1) of section 14; (e) the procedure to be adopted by the Designated Court before issuing an order under sub-section (3) of section 15; (f) rules under sub-section (1) of section 31; (g) the manner of publication of advertisement under section 33; and (h) any other matter which is required to be, or may be, prescribed. ### 38. Power of State Government, etc., to make rules. (1) The State Government or Union territory Government, as the case may be, in consultation with the Central Government, by notification, make rules for carrying out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: - (a) ceiling for self-help groups under clause (j) of sub-section (4) of section 2; (b) purpose and ceiling under clause (k) of sub-section (4) of section 2; (c) the manner of provisional attachment of property by the Competent Authority under sub-section (3) of section 7; (d) other matters under clause (f) of sub-section (4) of section 7; (e) the rules relating to impounding and custody of records under sub-section (8) of section 7; and (f) any other matter which is required to be, or may be, prescribed. ### 39. Laying of rules. (1) 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. (2) Every rule made by a State Government or the Union territory Government, as the case may be, shall be laid, as soon as may be after it is made, before each House of the State Legislature or the Union territory Legislature, as the case may be, where it consists of two Houses, or where such Legislature consists of one House, before that House. ### 40. Power to amend First Schedule. (1) The Central Government may, having regard to the objects of this Act, and if it considers necessary or expedient so to do, by notification, add to, or as the case may be, omit from the First Schedule, any scheme or arrangement, and on such addition, or omission, such scheme or arrangement shall become, or cease to be, a Regulated Deposit Scheme, as the case may be. (2) A copy of every notification issued under this section shall, as soon as may be after it has been issued, be laid before each House of Parliament. ### 41. Act not to apply certain deposits. - The provisions of this Act shall not apply to deposits taken in the ordinary course of business. ### 42. Amendment to certain enactments. - The enactments specified in the Second Schedule shall be amended in the manner specified therein. ### 43. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary for removing the difficulty: Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. ### 44. Repeal and saving. (1) The Banning of Unregulated Deposit Schemes Ordinance, 2019, is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under this Act. The First Schedule [See section 2 (15) ] Regulated Deposit Schemes (1) The Regulator and Regulated Deposit Scheme refers to the regulators and schemes and arrangements listed in the following Table, namely: - Table \| \| \| \| \| --- \| --- \| --- \| \| Sl. No. \| Regulator \| Regulated Deposit Scheme \| \| (1) \| (2) \| (3) \| \| 1. \| The Securities and Exchange Board of India \| (i) Any scheme or an arrangement as defined under section 11AA of the Securities and Exchange Board of India Act, 1992 ( [15 of 1992 )] launched, sponsored or carried out by a Collective Investment Management Company registered with the Securities and Exchange Board of India under the Securities and Exchange Board of India (Collective Investment Scheme) Regulations, 1999. \| \| \| \| (ii) Any scheme or an arrangement registered with the Securities and Exchange Board of India under the Securities and Exchange Board of India (Alternative Investment Funds) Regulations, 2012. \| \| \| \| (iii) Any scheme or an arrangement, pursuant to which funds are managed by a portfolio manager, registered under the Securities and Exchange Board of India (Portfolio Managers) Regulations, 1993. \| \| \| \| (iv) Any scheme or an arrangement regulated under the Securities and Exchange Board of India (Share Based Employee Benefits) Regulations, 2014 or providing for employee benefits as permitted under the Companies Act, 2013 (18 of 2013). \| \| \| \| (v) Any other scheme or an arrangement registered under the Securities and Exchange Board of India Act, 1992 (15 of 1992), or the regulations made thereunder. \| \| \| \| (vi) Any amount received as contributions in the nature of subscriptions to a mutual fund registered with Securities and Exchange Board of India under the Securities and Exchange Board of India (Mutual Funds) Regulations, 1996. \| \| 2. \| The Reserve Bank of India \| (i) Any scheme under which deposits are accepted by Non-Banking Financial Companies as defined in clause (f) of section 45-I of the Reserve Bank of India Act, 1934 (2 of 1934) and registered with the Reserve Bank of India; or any other scheme or an arrangement registered under the Reserve Bank of India Act, 1934. \| \| \| \| (ii) Any scheme or an arrangement under which funds are accepted by individuals or entities engaged as Business Correspondents and Facilitators by banks subject to the guidelines and circulars issued by the Reserve Bank of India from time to time. \| \| \| \| (iii) Any scheme or an arrangement under which funds are received by a system provider operating as an authorised payment system under the Payment and Settlement Systems Act, 2007 ( 51 of 2007 ). \| \| \| \| (iv) Any other scheme or an arrangement regulated under the Reserve Bank of India Act, 1934 ( 2 of 1934 ), or the guidelines or circulars of the Reserve Bank of India. \| \| 3. \| The Insurance Regulatory and Development Authority of India \| A contract of insurance pursuant to a certificate of registration obtained in accordance with the Insurance Act, 1938 ( 4 of 1938 ). \| \| 4. \| The State Government or Union territory Government \| (i) Any scheme or an arrangement made or offered by a co-operative society registered under the Co-operative Societies Act, 1912 ( 2 of 1912 ) or a society being a society registered or deemed to be registered under any law relating to co-operative societies for the time being in force in any State or Union territory. \| \| \| \| (ii) Any scheme or an arrangement commenced or conducted as a chit business with the previous sanction of the State Government in accordance with the provisions of the Chit Funds Act, 1982 ( 40 of 1982 ). \| \| \| \| (iii) Any scheme or an arrangement regulated by any enactment relating to money lending which is for the time being in force in any State or Union territory. \| \| \| \| (iv) Any scheme or an arrangement by a prize chit or money circulation scheme under section 11 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (43 of 1978). \| \| 5. \| The National Housing Bank \| Any scheme or an arrangement for acceptance of deposits registered under the National Housing Bank Act, 1987 (53 of 1987). \| \| 6. \| The Pension Fund Regulatory and Development Authority \| Any scheme or an arrangement under the Pension Fund Regulatory and Development Authority Act, 2013 (23 of 2013). \| \| 7. \| The Employees' Provident Fund Organisation \| Any scheme, Pension Scheme or Insurance Scheme framed under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 ( 19 of 1952 ). \| \| 8. \| The Central Registrar, Multi-State Co-operative Societies \| Any scheme or an arrangement for acceptance of deposits from voting members by a Multi-State Co-operative Society registered under the Multi-State Co-operative Societies Act, 2002 ( 39 of 2002 ). \| \| 9. \| The Ministry of Corporate Affairs, Government of India \| (i) Deposits accepted or permitted under the provisions of Chapter V of the Companies Act, 2013 (18 of 2013). \| \| \| \| (ii) Any scheme or an arrangement under which deposits are accepted by a company declared as a Nidhi or a Mutual Benefit Society under section 406 of the Companies Act, 2013 (18 of 2013). \| (2) The following shall also be treated as Regulated Deposit Schemes under this Act, namely: - (a) deposits accepted under any scheme or an arrangement registered with any regulatory body in India constituted or established under a statute; and (b) any other scheme as may be notified by the Central Government under this Act. The Second Schedule (See section 42) Amendments To Certain Enactments Part I -------- Amendment To The Reserve Bank of India Act, 1934 In the Reserve Bank of India Act, 1934, in section 45-I, in clause (bb) , after Explanation II, the following Explanation shall be inserted, namely: - "Explanation III. - The amounts accepted by a co-operative society from the members or shareholders, by whatever name called, but excluding the amounts received as share capital, shall be deemed to be deposits for the purposes of this clause, if such members or shareholders are nominal or associate members, by whatever name called, who do not have full voting rights in the meetings of such co-operative society.". Part II --------- Amendments To The Securities and Exchange Board of India Act, 1992 In the Securities and Exchange Board of India Act, 1992, - (i) in section 11, in sub-section (4), for clause (e), the following clause shall be substituted, namely: - "(e) attach, for a period not exceeding ninety days, bank accounts or other property of any intermediary or any person associated with the securities market in any manner involved in violation of any of the provisions of this Act, or the rules or the regulations made thereunder: Provided that the Board shall, within ninety days of the said attachment, obtain confirmation of the said attachment from the Special Court, established under section 26A, having jurisdiction and on such confirmation, such attachment shall continue during the pendency of the aforesaid proceedings and on conclusion of the said proceedings, the provisions of section 28A shall apply: Provided further that only property, bank account or accounts or any transaction entered therein, so far as it relates to the proceeds actually involved in violation of any of the provisions of this Act, or the rules or the regulations made thereunder shall be allowed to be attached."; (ii) in section 28A, after Explanation 3, the following Explanation shall be inserted, namely: - "Explanation 4. - The interest referred to in section 220 of the Income-tax Act, 1961 shall commence from the date the amount became payable by the person.". Part III ---------- Amendment To The Multi-State Co-Operative Societies Act, 2002 In the Multi-State Co-operative Societies Act, 2002, in section 67, in sub-section (1) , - (a) after the words "receive deposits", the words "from its voting members" shall be inserted; (b) the following Explanation shall be inserted, namely: - "Explanation. - For the removal of doubts, it is hereby clarified that a multi-State co-operative society shall not be entitled to receive deposits from persons other than voting members.".
65ba85fbab84c7eca86ebe85	acts	Union of India - Act ---------------------- The Disaster Management Act, 2005 ----------------------------------- UNION OF INDIA India The Disaster Management Act, 2005 =================================== Act 53 of 2005 ---------------- * Published on 23 December 2005 * Commenced on 23 December 2005 The Disaster Management Act, 2005 (53 OF 2005) ### 7. /432 Statement of Objects and Reasons.-The Government have decided to enact a law on disaster management to provide for requisite institutional mechanisms for drawing up and monitoring the implementation of the disaster management plans, ensuring measures by various wings of Government for prevention and mitigating effects of disasters and for undertaking a holistic, coordinated and prompt response to any disaster situation. 2. The Disaster Management Bill, 2005 provides for setting up of a National Disaster Management Authority under the Chairmanship of the Prime Minister, State Disaster Management Authorities under the Chairmanship of the Chief Ministers and District Disaster Management Authorities under the Chairmanship of District Magistrates. The Bill also provides for concerned Ministries or Departments to draw up department-wise plans in accordance with the National Disaster Management Plan. It provides for constitution of a National Disaster Response Force and setting up the National Institute of Disaster Management. The Bill provides for the constitution of the National Fund for Disaster Response and the National Fund for Disaster Mitigation and similar Funds at the State and District levels. The Bill provides for specific role for Local Bodies in disaster management including Panchayati Raj Institutions as well as Urban Local Bodies like Municipalities. 3. The proposed enactment will facilitate effective steps for the mitigation of disasters, prepare for and coordinate effective response to disasters, as also matters connected therewith or incidental thereto. 4. The Bill seeks to achieve the above objects. [23rd December, 2005] An Act to provide for the effective management of disasters and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:- \| \| \| --- \| \| Sections 2 to 6, 8, 10, 75 and 79 brought into force on 28.7.2006 vide S.O. 1216(E) , dated 28.7.2006; Sections 7, 9, 11 to 13, 35 to 37, 42, 43, 49 and 50, sub-Section (1) of Section 70 brought into force on 30.10.2006, vide S.O. 1861(E), dated 30.10.2006; Sections 14 to 41, 48, 51 to 69, sub-Section (2) of Section 70, Sections 71 to 74, 78 and 79 brought into force on 1.8.2007 vide S.O. 722(E), dated 7.5.2007; Sections 44 and 45 brought into force on 17.3.2008 vide S.O. 517(E), dated 17.3.2008. \| Chapter I Preliminary -------------------------- ### 1. Short title, extent and commencement .-(1) This Act may be called The Disaster Management Act, 2005. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette appoint; and different dates may be appointed for different provisions of this Act and for different States, and any reference to commencement in any provision of this Act in relation to any State shall be construed as a reference to the commencement of that provision in that State. ### 2. Definitions .-In this Act, unless the context otherwise requires,- (a) "affected area" means an area or part of the country affected by a disaster; (b) "capacity-building" includes- (i) identification of existing resources and resources to be acquired or created; (ii) acquiring or creating resources identified under sub-clause (i); (iii) organisation and training of personnel and coordination of such training for effective management of disasters; (c) "Central Government" means the Ministry or Department of the Government of India having administrative control of disaster management; (d) "disaster" means a catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or man made causes, or by accident or negligence which results in substantial loss of life or human suffering or damage to, and destruction of, property, or damage to, or degradation of, environment, and is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area; (e) "disaster management" means a continuous and integrated process of planning, organising, coordinating and implementing measures which are necessary or expedient for- (i) prevention of danger or threat of any disaster; (ii) mitigation or reduction of risk of any disaster or its severity or consequences; (iii) capacity-building; (iv) preparedness to deal with any disaster; (v) prompt response to any threatening disaster situation or disaster; (vi) assessing the severity or magnitude of effects of any disaster; (vii) evacuation, rescue and relief; (viii) rehabilitation and reconstruction; (f) "District Authority" means the District Disaster Management Authority constituted under sub-section (1) of section 25; (g) "District Plan" means the plan for disaster management for the district prepared under section 31; (h) "local authority" includes panchayati raj institutions, municipalities, a district board, cantonment board, town planning authority or Zila Parishad or any other body or authority, by whatever name called, for the time being invested by law, for rendering essential services or, with the control and management of civic services, within a specified local area; (i) "mitigation" means measures aimed at reducing the risk, impact or effect of a disaster or threatening disaster situation; (j) "National Authority" means the National Disaster Management Authority established under sub-section (1) of section 3; (k) "National Executive Committee" means the Executive Committee of the National Authority constituted under sub-section (1) of section 8; (l) "National Plan" means the plan for disaster management for the whole of the country prepared under section 11; (m) "preparedness" means the state of readiness to deal with a threatening disaster situation or disaster and the effects thereof; (n) "prescribed" means prescribed by rules made under this Act; (o) "reconstruction" means construction or restoration of any property after a disaster; (p) "resources" includes manpower, services, materials and provisions; (q) "State Authority" means the State Disaster Management Authority established under sub-section (1) of section 14 and includes the Disaster Management Authority for the Union territory constituted under that section; (r) "State Executive Committee" means the Executive Committee of a State Authority constituted under sub-section (1) of section 20; (s) "State Government" means the Department of Government of the State having administrative control of disaster management and includes Administrator of the Union territory appointed by the President under article 239 of the Constitution; (t) "State Plan" means the plan for disaster management for the whole of the State prepared under section 23. Chapter II The National Disaster Management Authority ---------------------------------------------------------- ### 3. Establishment of National Disaster Management Authority .-(1) With effect from such date as the Central Government may, by notification in the Official Gazette appoint in this behalf, there shall be established for the purposes of this Act, an authority to be known as the National Disaster Management Authority. (2) The National Authority shall consists of the Chairperson and such number of other members, not exceeding nine, as may be prescribed by the Central Government and, unless the rules otherwise provide, the National Authority shall consist of the following:- (a) the Prime Minister of India, who shall be the Chairperson of the National Authority, ex officio ; (b) other members, not exceeding nine, to be nominated by the Chairperson of the National Authority. (3) The Chairperson of the National Authority may designate one of the members nominated under clause (b) of sub-section (2) to be the Vice-Chairperson of the National Authority. (4) The term of office and conditions of service of members of the National Authority shall be such as may be prescribed. ### 4. Meetings of National Authority .-(1) The National Authority shall meet as and when necessary and at such time and place as the Chairperson of the National Authority may think fit. (2) The Chairperson of the National Authority shall preside over the meetings of the National Authority. (3) If for any reason the Chairperson of the National Authority is unable to attend any meeting of the National Authority, the Vice-Chairperson of the National Authority shall preside over the meeting. ### 5. Appointment of officers and other employees of the National Authority .-The Central Government shall provide the National Authority with such officers, consultants and employees, as it considers necessary for carrying out the functions of the National Authority. ### 6. Powers and functions of National Authority .-(1) Subject to the provisions of this Act, the National Authority shall have the responsibility for laying down the policies, plans and guidelines for disaster management for ensuring timely and effective response to disaster. (2) Without prejudice to generality of the provisions contained in sub-section (1), the National Authority may- (a) lay down policies on disaster management; (b) approve the National Plan; (c) approve plans prepared by the Ministries or Departments of the Government of India in accordance with the National Plan; (d) lay down guidelines to be followed by the State Authorities in drawing up the State Plan; (e) lay down guidelines to be followed by the different Ministries or Departments of the Government of India for the purpose of integrating the measures for prevention of disaster or the mitigation of its effects in their development plans and projects; (f) coordinate the enforcement and implementation of the policy and plan for disaster management; (g) recommend provision of funds for the purpose of mitigation; (h) provide such support to other countries affected by major disasters as may be determined by the Central Government; (i) take such other measures for the prevention of disaster, or the mitigation, or preparedness and capacity building for dealing with the threatening disaster situation or disaster as it may consider necessary; (j) lay down broad policies and guidelines for the functioning of the National Institute of Disaster Management. (3) The Chairperson of the National Authority shall, in the case of emergency, have power to exercise all or any of the powers of the National Authority but exercise of such powers shall be subject to ex post facto ratification by the National Authority. ### 7. Constitution of advisory committee by National Authority .-(1) The National Authority may constitute an advisory committee consisting of experts in the field of disaster management and having practical experience of disaster management at the national, State or district level to make recommendation on different aspects of disaster management. (2) The members of the advisory committee shall be paid such allowances as may be prescribed by the Central Government in consultation with the National Authority. ### 8. Constitution of National Executive Committee .-(1) The Central Government shall, immediately after issue of notification under sub-section (1) of section 3, constitute a National Executive Committee to assist the National Authority in the performance of its functions under this Act. (2) The National Executive Committee shall consist of the following members, namely:- (a) the Secretary to the Government of India in charge of the Ministry or Department of the Central Government having administrative control of the disaster management, who shall be Chairperson, ex officio ; (b) the Secretaries to the Government of India in the Ministries or Departments having administrative control of the agriculture, atomic energy, defence, drinking water supply, environment and forests, finance (expenditure), health, power, rural development, science and technology, space, telecommunication, urban development, water resources and the Chief of the Integrated Defence Staff of the Chiefs of Staff Committee, ex officio ; (3) The Chairperson of the National Executive Committee may invite any other officer of the Central Government or a State Government for taking part in any meeting of the National Executive Committee and shall exercise such powers and perform such functions as may be prescribed by the Central Government in consultation with the National Authority. (4) The procedure to be followed by the National Executive Committee in exercise of its powers and discharge of its functions shall be such as may be prescribed by the Central Government. ### 9. Constitution of sub-committees .-(1) The National Executive Committee may, as and when it considers necessary, constitute one or more sub-committees, for the efficient discharge of its functions. (2) The National Executive Committee shall, from amongst its members, appoint the Chairperson of the sub-committee referred to in sub-section (1). (3) Any person associated as an expert with any sub-committee may be paid such allowances as may be prescribed by the Central Government. ### 10. Powers and functions of National Executive Committee .-(1) The National Executive Committee shall assist the National Authority in the discharge of its functions and have the responsibility for implementing the policies and plans of the National Authority and ensure the compliance of directions issued by the Central Government for the purpose of disaster management in the country. (2) Without prejudice to the generality of the provisions contained in sub-section (1), the National Executive Committee may- (a) act as the coordinating and monitoring body for disaster management; (b) prepare the National Plan to be approved by the National Authority; (c) coordinate and monitor the implementation of the National Policy; (d) lay down guidelines for preparing disaster management plans by different Ministries or Departments of the Government of India and the State Authorities; (e) provide necessary technical assistance to the State Governments and the State Authorities for preparing their disaster management plans in accordance with the guidelines laid down by the National Authority; (f) monitor the implementation of the National Plan and the plans prepared by the Ministries or Departments of the Government of India; (g) monitor the implementation of the guidelines laid down by the National Authority for integrating of measures for prevention of disasters and mitigation by the Ministries or Departments in their development plans and projects; (h) monitor, coordinate and give directions regarding the mitigation and preparedness measures to be taken by different Ministries or Departments and agencies of the Government; (i) evaluate the preparedness at all governmental levels for the purpose of responding to any threatening disaster situation or disaster and give directions, where necessary, for enhancing such preparedness; (j) plan and coordinate specialised training programme for disaster management for different levels of officers, employees and voluntary rescue workers; (k) coordinate response in the event of any threatening disaster situation or disaster; (l) lay down guidelines for, or give directions to, the concerned Ministries or Departments of the Government of India, the State Governments and the State Authorities regarding measures to be taken by them in response to any threatening disaster situation or disaster; (m) require any department or agency of the Government to make available to the National Authority or State Authorities such men or material resources as are available with it for the purposes of emergency response, rescue and relief; (n) advise, assist and coordinate the activities of the Ministries or Departments of the Government of India, State Authorities, statutory bodies, other governmental or non-governmental organisations and others engaged in disaster management; (o) provide necessary technical assistance or give advice to the State Authorities and District Authorities for carrying out their functions under this Act; (p) promote general education and awareness in relation to disaster management; and (q) perform such other functions as the National Authority may require it to perform. ### 11. National Plan .-(1) There shall be drawn up a plan for disaster management for the whole of the country to be called the National Plan. (2) The National Plan shall be prepared by the National Executive Committee having regard to the National Policy and in consultation with the State Governments and expert bodies or organisations in the field of disaster management to be approved by the National Authority. (3) The National Plan shall include- (a) measures to be taken for the prevention of disasters, or the mitigation of their effects; (b) measures to be taken for the integration of mitigation measures in the development plans; (c) measures to be taken for preparedness and capacity building to effectively respond to any threatening disaster situations or disaster; (d) roles and responsibilities of different Ministries or Departments of the Government of India in respect of measures specified in clauses (a), (b) and (c). (4) The National Plan shall be reviewed and updated annually. (5) Appropriate provisions shall be made by the Central Government for financing the measures to be carried out under the National Plan. (6) Copies of the National Plan referred to in sub-sections (2) and (4) shall be made available to the Ministries or Departments of the Government of India and such Ministries or Departments shall draw up their own plans in accordance with the National Plan. ### 12. Guidelines for minimum standards of relief .-The National Authority shall recommend guidelines for the minimum standards of relief to be provided to persons affected by disaster, which shall include,- (i) the minimum requirements to be provided in the relief camps in relation to shelter, food, drinking water, medical cover and sanitation; (ii) the special provisions to be made for widows and orphans; (iii) ex gratia assistance an account of loss of life as also assistance on account of damage to houses and for restoration of means of livelihood; (iv) such other relief as may be necessary. ### 13. Relief in loan repayment, etc .-The National Authority may, in cases of disasters of severe magnitude, recommend relief in repayment of loans or for grant of fresh loans to the persons affected by disaster on such concessional terms as may be appropriate. Chapter III State Disaster Management Authorities ------------------------------------------------------ ### 14. Establishment of State Disaster Management Authority .-(1) Every State Government shall, as soon as may be after the issue of the notification under sub-section (1) of section 3, by notification in the Official Gazette, establish a State Disaster Management Authority for the State with such name as may be specified in the notification of the State Government. (2) A State Authority shall consist of the Chairperson and such number of other members, not exceeding nine, as may be prescribed by the State Government and, unless the rules otherwise provide, the State Authority shall consist of the following members, namely:- (a) the Chief Minister of the State, who shall be Chairperson, ex officio ; (b) other members, not exceeding eight, to be nominated by the Chairperson of the State Authority; (c) the Chairperson of the State Executive Committee, ex officio . (3) The Chairperson of the State Authority may designate one of the members nominated under clause (b) of sub-section (2) to be the Vice-Chairperson of the State Authority. (4) The Chairperson of the State Executive Committee shall be the Chief Executive Officer of the State Authority, ex officio : Provided that in the case of a Union territory having Legislative Assembly, except the Union territory of Delhi, the Chief Minister shall be the Chairperson of the Authority established under this section and in case of other Union territories, the Lieutenant Governor or the Administrator shall be the Chairperson of that Authority: Provided further that the Lieutenant Governor of the Union territory of Delhi shall be the Chairperson and the Chief Minister thereof shall be the Vice-Chairperson of the State Authority. (5) The term of office and conditions of service of members of the State Authority shall be such as may be prescribed. ### 15. Meetings of the State Authority .-(1) The State Authority shall meet as and when necessary and at such time and place as the Chairperson of the State Authority may think fit. (2) The Chairperson of the State Authority shall preside over the meetings of the State Authority. (3) If for any reason, the Chairperson of the State Authority is unable to attend the meeting of the State Authority, the Vice-Chairperson of the State Authority shall preside at the meeting. ### 16. Appointment of officers and other employees of State Authority .-The State Government shall provide the State Authority with such officers, consultants and employees, as it considers necessary, for carrying out the functions of the State Authority. ### 17. Constitution of advisory committee by the State Authority .-(1) A State Authority may, as and when it considers necessary, constitute an advisory committee, consisting of experts in the field of disaster management and having practical experience of disaster management to make recommendations on different aspects of disaster management. (2) The members of the advisory committee shall be paid such allowance as may be prescribed by the State Government. ### 18. Powers and functions of State Authority .-(1) Subject to the provisions of this Act, a State Authority shall have the responsibility for laying down policies and plans for disaster management in the State. (2) Without prejudice to the generality of provisions contained in sub-section (1), the State Authority may- (a) lay down the State Disaster Management Policy; (b) approve the State Plan in accordance with the guidelines laid down by the National Authority; (c) approve the disaster management plans prepared by the departments of the Government of the State; (d) lay down guidelines to be followed by the departments of the Government of the State for the purposes of integration of measures for prevention of disasters and mitigation in their development plans and projects and provide necessary technical assistance therefore; (e) coordinate the implementation of the State Plan; (f) recommend provision of funds for mitigation and preparedness measures; (g) review the development plans of the different departments of the State and ensure that prevention and mitigation measures are integrated therein; (h) review the measures being taken for mitigation, capacity building and preparedness by the departments of the Government of the State and issue such guidelines as may be necessary. (3) The Chairperson of the State Authority shall, in the case of emergency, have power to exercise all or any of the powers of the State Authority but the exercise of such powers shall be subject to ex post facto ratification of the State Authority. ### 19. Guidelines for minimum standard of relief by State Authority .-The State Authority shall lay down detailed guidelines for providing standards of relief to persons affected by disaster in the State: Provided that such standards shall in no case be less than the minimum standards in the guidelines laid down by the National Authority in this regard. ### 20. Constitution of State Executive Committee .-(1) The State Government shall, immediately after issue of notification under sub-section (1) of section 14, constituting a State Executive Committee to assist the State Authority in the performance of its functions and to coordinate action in accordance with the guidelines laid down by the State Authority and ensure the compliance of directions issued by the State Government under this Act. (2) The State Executive Committee shall consist of the following members, namely:- (a) The Chief Secretary to the State Government, who shall be Chairperson, ex officio ; (b) four Secretaries to the Government of the State of such departments as the State Government may think fit, ex officio . (3) The Chairperson of the State Executive Committee shall exercise such powers and perform such functions as may be prescribed by the State Government and such other powers and functions as may be delegated to him by the State Authority. (4) The procedure to be followed by the State Executive Committee in exercise of its powers and discharge of its functions shall be such as may be prescribed by the State Government. ### 21. Constitution of sub-committees by State Executive Committee .-(1) The State Executive Committee may, as and when it considers necessary, constitute one or more sub-committees, for efficient discharge of its functions. (2) The State Executive Committee shall, from amongst its members, appoint the Chairperson of the sub-committee referred to in sub-section (1). (3) Any person associated as an expert with any sub-committee may be paid such allowances as may be prescribed by the State Government. ### 22. Functions of the State Executive Committee .-(1) The State Executive Committee shall have the responsibility for implementing the National Plan and State Plan and act as the coordinating and monitoring body for management of disaster in the State. (2) Without prejudice to the generality of the provisions of sub-section (1), the State Executive Committee may- (a) coordinate and monitor the implementation of the National Policy, the National Plan and the State Plan; (b) examine the vulnerability of different parts of the State to different forms of disasters and specify measures to be taken for their prevention or mitigation; (c) lay down guidelines for preparation of disaster management plans by the departments of the Government of the State and the District Authorities; (d) monitor the implementation of disaster management plans prepared by the departments of the Government of the State and District Authorities; (e) monitor the implementation of the guidelines laid down by the State Authority for integrating of measures for prevention of disasters and mitigation by the departments in their development plans and projects; (f) evaluate preparedness at all governmental or non-governmental levels to respond to any threatening disaster situation or disaster and give directions, where necessary, for enhancing such preparedness; (g) coordinate response in the event of any threatening disaster situation or disaster; (h) give directions to any Department of the Government of the State or any other authority or body in the State regarding actions to be taken in response to any threatening disaster situation or disaster; (i) promote general education, awareness and community training in regard to the forms of disasters to which different parts of the State are vulnerable and the measures that may be taken by such community to prevent the disaster, mitigate and respond to such disaster; (j) advise, assist and coordinate the activities of the Departments of the Government of the State, District Authorities, statutory bodies and other governmental and non-governmental organisations engaged in disaster management; (k) provide necessary technical assistance or give advice to District Authorities and local authorities for carrying out their functions effectively; (l) advise the State Government regarding all financial matters in relation to disaster management; (m) examine the construction, in any local area in the State and, if it is of the opinion that the standards laid for such construction for the prevention of disaster is not being or has not been followed, may direct the District Authority or the local authority, as the case may be, to take such action as may be necessary to secure compliance of such standards; (n) provide information to the National Authority relating to different aspects of disaster management; (o) lay down, review and update State level response plans and guidelines and ensure that the district level plans are prepared, reviewed and updated; (p) ensure that communication systems are in order and the disaster management drills are carried out periodically; (q) perform such other functions as may be assigned to it by the State Authority or as it may consider necessary. ### 23. State Plan .-(1) There shall be a plan for disaster management for every State to be called the State Disaster Management Plan. (2) The State Plan shall be prepared by the State Executive Committee having regard to the guidelines laid down by the National Authority and after such consultation with local authorities, district authorities and the people's representatives as the State Executive Committee may deem fit. (3) The State Plan shall be prepared by the State Executive Committee under sub-section (2) shall be approved by the State Authority. (4) The State Plan shall include,- (a) the vulnerability of different parts of the State to different forms of disasters; (b) the measures to be adopted for prevention and mitigation of disasters; (c) the manner in which the mitigation measures shall be integrated with the development plans and projects; (d) the capacity-building and preparedness measures to be taken; (e) the roles and responsibilities of each Department of the Government of the State in relation to the measures specified in clauses (b), (c) and (d) above; (f) the roles and responsibilities of different Departments of the Government of the State in responding to any threatening disaster situation or disaster; (5) The State Plan shall be reviewed and updated annually. (6) Appropriate provisions shall be made by the State Government for financing for the measures to be carried out under the State Plan. (7) Copies of the State Plan referred to in sub-sections (2) and (5) shall be made available to the Departments of the Government of the State and such Departments shall draw up their own plans in accordance with the State Plan. ### 24. Powers and functions of State Executive Committee in the event of threatening disaster situation .-For the purpose of, assisting and protecting the community affected by disaster or providing relief to such community or, preventing or combating disruption or dealing with the effects of any threatening disaster situation, the State Executive Committee may- (a) control and restrict, vehicular traffic to, from or within, the vulnerable or affected area; (b) control and restrict the entry of any person into, his movement within and departure from, a vulnerable or affected area; (c) remove debris, conduct search and carry out rescue operations; (d) provide shelter, food, drinking water, essential provisions, health-care and services in accordance with the standards laid down by the National Authority and State Authority; (e) give direction to the concerned Department of the Government of the State, any District Authority or other authority, within the local limits of the State to take such measure or steps for rescue, evacuation or providing immediate relief saving lives or property, as may be necessary in its opinion; (f) require any department of the Government of the State or any other body or authority or person in charge of any relevant resources to make available the resources for the purposes of emergency response, rescue and relief; (g) require experts and consultants in the field of disasters to provide advise and assistance for rescue and relief; (h) procure exclusive or preferential use of amenities from any authority or person as when required; (i) construct temporary bridges or other necessary structures and demolish unsafe structures which may be hazardous to public; (j) ensure that non-governmental organisations carry out their activities in an equitable and non-discriminatory manner; (k) disseminate information to public to deal with any threatening disaster situation or disaster; (l) take such steps as the Central Government or the State Government may direct in this regard or take such other steps as are required or warranted by the form of any threatening disaster situation or disaster. Chapter IV District Disaster Management Authority ------------------------------------------------------ ### 25. Constitution of District Disaster Management Authority .-(1) Every State Government shall, as soon as may be after issue of notification under sub-section (1) of section 14, by notification in the Official Gazette, establish a District Disaster Management Authority for every district in the State with such name as may be specified in that notification. (2) The District Authority shall consist of the Chairperson and such number of other members, not exceeding seven, as may be prescribed by the State Government, and unless the rules otherwise provide, it shall consist of the following, namely:- (a) the Collector or District Magistrate or Deputy Commissioner, as the case may be, of the district who shall be Chairperson, ex officio ; (b) the elected representative of the local authority who shall be the co-Chairperson, ex officio : Provided that in the Tribal Areas, as referred to in the Sixth Schedule to the Constitution, the Chief Executive Member of the district council of autonomous district, shall be the co-Chairperson, ex officio ; (c) the Chief Executive Officer of the District Authority, ex officio ; (d) the Superintendent of Police, ex officio ; (e) the Chief Medical Officer of the district, ex officio ; (f) not exceeding two other district level officers, to be appointed by the State Government. (3) In any district where zila parishad exists, the Chairperson thereof shall be the co-Chairperson of the District Authority. (4) The State Government shall appoint an officer not below the rank of Additional Collector or Additional District Magistrate or Additional Deputy Commissioner, as the case may be, of the district to be the Chief Executive Officer of the District Authority to exercise such powers and perform such functions as may be prescribed by the State Government and such other powers and functions as may be delegated to him by the District Authority. ### 26. Powers of Chairperson of District Authority .-(1) The Chairperson of the District Authority shall, in addition to presiding over the meetings of the District Authority, exercise and discharge such powers and functions of the District Authority as the District Authority may delegate to him. (2) The Chairperson of the District Authority shall, in the case of an emergency, have power to exercise all or any of the powers of the District Authority but the exercise of such powers shall be subject to ex post facto ratification of the District Authority. (3) The District Authority or the Chairperson of the District Authority may, by general or special order, in writing, delegate such of its or his powers and functions, under sub-section (1) or (2), as the case may be, to the Chief Executive Officer of the District Authority, subject to such conditions and limitations, if any, as it or he deems fit. ### 27. Meetings .-The District Authority shall meet as and when necessary and at such time and place as the Chairperson may think fit. ### 28. Constitution of advisory committees and other committees .-(1) The District Authority may, as and when it considers necessary, constitutes one or more advisory committees and other committees for the efficient discharge of its functions. (2) The District Authority shall, from amongst its members, appoints the Chairperson of the Committee referred to in sub-section (1). (3) Any person associated as an expert with any committee or sub-committee constituted under sub-section (1) may be paid such allowances as may be prescribed by the State Government. ### 29. Appointment of officers and other employees of District Authority .-The State Government shall provide the District Authority with such officers, consultants and other employees as it considers necessary for carrying out the functions of District Authority. ### 30. Powers and functions of District Authority .-(1) The District Authority shall act as the district planning, coordinating and implementing body for disaster management and take all measures for the purposes of disaster management in the district in accordance with the guidelines laid down by the National Authority and the State Authority. (2) Without prejudice to the generality of the provisions of sub-section (1), the District Authority may- (i) prepare a disaster management plan including district response plan for the district; (ii) coordinate and monitor the implementation of the National Policy, State Policy, National Plan, State Plan and District Plan; (iii) ensure that the areas in the district vulnerable to disasters are identified and measures for the prevention of disasters and the mitigation of its effects are undertaken by the departments of the Government at the district level as well as by the local authorities; (iv) ensure that the guidelines for prevention of disasters, mitigation of its effects, preparedness and response measures as laid down by the National Authority and the State Authority are followed by all departments of the Government at the district level and the local authorities in the district; (v) give directions to different authorities at the district level and local authorities to take such other measures for the prevention or mitigation of disasters as may be necessary; (vi) lay down guidelines for prevention of disaster management plans by the department of the Government at the districts level and local authorities in the district; (vii) monitor the implementation of disaster management plans prepared by the Departments of the Government at the district level; (viii) lay down guidelines to be followed by the Departments of the Government at the district level for purposes of integration of measures for prevention of disasters and mitigation in their development plans and projects and provide necessary technical assistance therefor; (ix) monitor the implementation of measures referred to in clause (viii); (x) review the state of capabilities for responding to any disaster or threatening disaster situation in the district and give directions to the relevant department or authorities at the district level for their up-gradation as may be necessary; (xi) review the preparedness measures and give directions to the concerned departments at the district level or other concerned authorities where necessary for bringing the preparedness measures to the levels required for responding effectively to any disaster or threatening disaster situation; (xii) organise and coordinate specialised training programmes for different levels of officers, employees and voluntary rescue workers in the district; (xiii) facilitate community training and awareness programmes for prevention of disaster or mitigation with the support of local authorities, governmental and non-governmental organisations; (xiv) set up, maintain, review and upgrade the mechanism for early warnings and dissemination of proper information to public; (xv) prepare, review and update district level response plan and guidelines; (xvi) coordinate response to any threatening disaster situation or disaster; (xvii) ensure that the Departments of the Government at the district level and the local authorities prepare their response plans in accordance with the district response plan; (xviii) lay down guidelines for, or give direction to, the concerned Department of the Government at the district level or any other authorities within the local limits of the district to take measures to respond effectively to any threatening disaster situation or disaster; (xix) advise, assist and coordinate the activities of the Departments of the Government at the district level, statutory bodies and other governmental and non-governmental organisations in the district engaged in the disaster management; (xx) coordinate with, and give guidelines to, local authorities in the district to ensure that measures for the prevention or mitigation of threatening disaster situation or disaster in the district are carried out promptly and effectively; (xxi) provide necessary technical assistance or give advise to the local authorities in the district for carrying out their functions; (xxii) review development plans prepared by the Departments of the Government at the district level, statutory authorities or local authorities with a view to make necessary provisions therein for prevention of disaster or mitigation; (xxiii) examine the construction in any area in the district and, if it is of the opinion that the standards for the prevention of disaster or mitigation laid down for such construction is not being or has not been followed, may direct the concerned authority to take such action as may be necessary to secure compliance of such standards; (xxiv) identify buildings and places which could, in the event of any threatening disaster situation or disaster, be used as relief centers or camps and make arrangements for water supply and sanitation in such buildings or places; (xxv) establish stockpiles of relief and rescue materials or ensure preparedness to make such materials available at a short notice; (xxvi) provide information to the State Authority relating to different aspects of disaster management; (xxvii) encourage the involvement of non-governmental organisations and voluntary social-welfare institutions working at the grassroots level in the district for disaster management; (xxviii) ensure communication systems are in order, and disaster management drills are carried out periodically; (xxix) perform such other functions as the State Government or State Authority may assign to it or as it deems necessary for disaster management in the District. ### 31. District Plan .-(1) There shall be a plan for disaster management for every district of the State. (2) The District Plan shall be prepared by the District Authority, after consultation with the local authorities and having regard to the National Plan and the State Plan, to be approved by the State Authority. (3) The District Plan shall include- (a) the areas in the district vulnerable to different forms of disasters; (b) the measures to be taken, for prevention and mitigation of disaster, by the Departments of the Government at the district level and local authorities in the district; (c) the capacity-building and preparedness measures required to be taken by the Departments of the Government at the district level and the local authorities in the district to respond to any threatening disaster situation or disaster; (d) the response plans and procedures, in the event of a disaster, providing for- (i) allocation of responsibilities to the Departments of the Government at the district level and the local authorities in the district; (ii) prompt response to disaster and relief thereof; (iii) procurement of essential resources; (iv) establishment of communication links; and (v) the dissemination of information to the public; (e) such other matters as may be required by the State Authority. (4) The District Plan shall be reviewed and updated annually. (5) The copies of the District Plan referred to in sub-sections (2) and (4) shall be made available to the Departments of the Government in the district. (6) The District Authority shall send a copy of the District Plan to the State Authority which shall forward it to the State Government. (7) The District Authority shall, review from time to time, the implementation of the Plan and issue such instructions to different departments of the Government in the district as it may deem necessary for the implementation thereof. ### 32. Plans by different authorities at district level and their implementation .-Every office of the Government of India and of the State Government at the district level and the local authorities shall, subject to the supervision of the District Authority,- (a) prepare a disaster management plan setting out the following, namely:- (i) provisions for prevention and mitigation measures as provided for in the District Plan and as is assigned to the department or agency concerned; (ii) provisions for taking measures relating to capacity-building and preparedness as laid down in the District Plan; (iii) the response plans and procedures, in the event of, any threatening disaster situation or disaster; (b) coordinate the preparation and the implementation of its plan with those of the other organisations at the district level including local authority, communities and other stakeholders; (c) regularly review and update the plan; and (d) submit a copy of its disaster management plan, and of any amendment thereto, to the District Authority. ### 33. Requisition by the District Authority .-The District Authority may by order require any officer or any Department at the district level or any local authority to take such measures for the prevention or mitigation of disaster, or to effectively respond to it, as may be necessary, and such officer or department shall be bound to carry out such order. ### 34. Powers and functions of District Authority in the event of any threatening disaster situation or disaster .-For the purpose of assisting, protecting or providing relief to the community, in response to any threatening disaster situation or disaster, the District Authority may- (a) give directions for the release and use of resources available with any Department of the Government and the local authority in the district; (b) control and restrict vehicular traffic to, from and within, the vulnerable or affected area; (c) control and restrict the entry of any person into, his movement within and departure from, a vulnerable or affected area; (d) remove debris, conduct search and carry out rescue operations; (e) provide shelter, food, drinking water and essential provisions, health-care and services; (f) establish emergency communication systems in the affected area; (g) make arrangements for the disposal of the unclaimed dead bodies; (h) recommend to any Department of the Government of the State or any authority or body under that Government at the district level to take such measures as are necessary in its opinion; (i) require experts and consultants in the relevant fields to advise and assist as it may deem necessary; (j) procure exclusive or preferential use of amenities from any authority or person; (k) construct temporary bridges or other necessary structures and demolish structures which may be hazardous to public or aggravate the effects of the disaster; (l) ensure that the non-governmental organisations carry out their activities in an equitable and non-discriminatory manner; (m) take such other steps as may be required or warranted to be taken in such a situation. Chapter V Measures By The Government For Disaster Management ----------------------------------------------------------------- ### 35. Central Government to take measures .-(1) Subject to the provisions of this Act, the Central Government shall take all such measures as it deems necessary or expedient for the purpose of disaster management. (2) In particular and without prejudice to the generality of the provisions of sub-section (1), the measures with respect to all or any of the following matters, namely:- (a) coordination of actions of the Ministries or Departments of the Government of India, State Governments, National Authority, State Authorities, governmental and non-governmental organisations in relation to disaster management; (b) ensure the integration of measures for prevention of disasters and mitigation by Ministries or Departments of the Government of India into their development plans and projects; (c) ensure appropriate allocation of funds for prevention of disaster, mitigation, capacity-building and preparedness by the Ministries or Departments of the Government of India; (d) ensure that the Ministries or Departments of the Government of India take necessary measures for preparedness to promptly and effectively respond to any threatening disaster situation or disaster; (e) cooperation and assistance to State Governments, as requested by them or otherwise deemed appropriate by it; (f) deployment of naval, military and air forces, other armed forces of the Union or any other civilian personnel as may be required for the purposes of this Act; (g) coordination with the United Nations agencies, international organisations and governments of foreign countries for the purposes of this Act; (h) establish institutions for research, training, and developmental programmes in the field of disaster management; (i) such other matters as it deems necessary or expedient for the purpose of securing effective implementation of the provisions of this Act. (3) The Central Government may extend such support to other countries affected by major disaster as it may deem appropriate. ### 36. Responsibilities of Ministries or Departments of Government of India .-It shall be the responsibility of every Ministry or Department of the Government of India to- (a) take measures necessary for prevention of disasters, mitigation, preparedness and capacity-building in accordance with the guidelines laid down by the National Authority; (b) integrate into its development plans and projects, the measures for prevention or mitigation of disasters in accordance with the guidelines laid down by the National Authority; (c) respond effectively and promptly to any threatening disaster situation or disaster in accordance with the guidelines of the National Authority or the directions of the National Executive Committee in this behalf; (d) review the enactments administered by it, its policies, rules and regulations, with a view to incorporate therein the provisions necessary for prevention of disasters, mitigation or preparedness; (e) allocate funds for measures for prevention of disaster, mitigation, capacity-building and preparedness; (f) provide assistance to the National Authority and State Governments for- (i) drawing up mitigation, preparedness and response plans, capacity-building, data collection and identification and training of personnel in relation to disaster management; (ii) carrying out rescue and relief operations in the affected area; (iii) assessing the damage from any disaster; (iv) carrying out rehabilitation and reconstruction; (g) make available its resources to the National Executive Committee or a State Executive Committee for the purpose of responding promptly and effectively to any threatening disaster situation or disaster, including measures for- (i) providing emergency communication in a vulnerable or affected area; (ii) transporting personnel and relief goods to and from the affected area; (iii) providing evacuation, rescue, temporary shelter or other immediate relief; (iv) setting up temporary bridges, jetties and landing places; (v) providing, drinking water, essential provisions, health-care and services in an affected area; (h) take such other actions as it may consider necessary for disaster management. ### 37. Disaster management plans of Ministries or Departments of Government of India .-(1) Every Ministry or Department of Government of India shall- (a) prepare a disaster management plan specifying the following particulars, namely:- (i) the measures to be taken by it for prevention and mitigation of disasters in accordance with the National Plan; (ii) the specifications regarding integration of mitigation measures in its development plans in accordance with the guidelines of the National Authority and the National Executive Committee; (iii) its roles and responsibilities in relation to preparedness and capacity-building to deal with any threatening disaster situation or disaster; (iv) its roles and responsibilities in regard to promptly and effectively responding to any threatening disaster situation or disaster; (v) the present status of its preparedness to perform the roles and responsibilities specified in sub-clauses (iii) and (iv); (vi) the measures required to be taken in order to enable it to perform its responsibilities specified in sub-clauses (iii) and (iv); (b) review and update annually the plan referred to in clause (a); (c) forward a copy of the plan referred to in clause (a) or clause (b), as the case may be, to the Central Government which Government shall forward a copy thereof to the National Authority for its approval. (2) Every Ministry or Department of the Government of India shall- (a) make, while preparing disaster management plan under clause (a) of sub-section (1), provisions for financing the activities specified therein; (b) furnish a status report regarding the implementation of the plan referred to in clause (a) of sub-section (1) to the National Authority, as and when required by it. ### 38. State Government to take measures .-(1) Subject to the provisions of this Act, each State Government shall take all measures specified in the guidelines laid down by the National Authority and such further measures as it deems necessary or expedient, for the purpose of disaster management. (2) The measures which the State Government may take under sub-section (1) include measures with respect to all or any of the following matters, namely:- (a) coordination of actions of different departments of the Government of the State, the State Authority, District Authorities, local authority and other non-governmental organisations; (b) cooperation and assistance in the disaster management to the National Authority and National Executive Committee, the State Authority and the State Executive Committee and the District Authorities; (c) cooperation with, and assistance to, the Ministries or Departments of the Government of India in disaster management, as requested by them or otherwise deemed appropriate by it; (d) allocation of funds for measures for prevention of disaster, mitigation, capacity-building and preparedness by the departments of the Government of the State in accordance with the provisions of the State Plan and the District Plans; (e) ensure that the integration of measures for prevention of disaster or mitigation by the departments of the Government of the State in their development plans and projects; (f) integrate in the State development plan, measures to reduce or mitigate the vulnerability of different parts of the State to different disasters; (g) ensure the preparation of disaster management plans by different departments of the State in accordance with the guidelines laid down by the National Authority and the State Authority; (h) establishment of adequate warning systems up to the level of vulnerable communities; (i) ensure that different departments of the Government of the State and the District Authorities take appropriate preparedness measures; (j) ensure that in a threatening disaster situation or disaster, the resources of different departments of the Government of the State are made available to the National Executive Committee or the State Executive Committee or the District Authorities, as the case may be, for the purposes of effective response, rescue and relief in any threatening disaster situation or disaster; (k) provide rehabilitation and reconstruction assistance to the victims of any disaster; and (l) such other matters as it deems necessary or expedient for the purpose of securing effective implementation of provisions of this Act. ### 39. Responsibilities of departments of the State Government .-It shall be the responsibility of every department of the Government of a State to- (a) take measures necessary for prevention of disasters, mitigation, preparedness and capacity-building in accordance with the guidelines laid down by the National Authority and the State Authority; (b) integrate into its development plans and projects, the measures for prevention of disaster and mitigation; (c) allocate funds for prevention of disaster, mitigation, capacity-building and preparedness; (d) respond effectively and promptly to any threatening disaster situation or disaster in accordance with the State Plan, and in accordance with the guidelines or directions of the National Executive Committee and the State Executive Committee; (e) review the enactments administered by it, its policies, rules and regulations with a view to incorporate therein the provisions necessary for prevention of disasters, mitigation or preparedness; (f) provide assistance, as required, by the National Executive Committee, the State Executive Committee and District Authorities, for- (i) drawing up mitigation, preparedness and response plans, capacity-building, data collection and identification and training of personnel in relation to disaster management; (ii) assessing the damage from any disaster; (iii) carrying out rehabilitation and reconstruction; (g) make provision for resources in consultation with the State Authority for the implementation of the District Plan by its authorities at the district level; (h) make available its resources to the National Executive Committee or the State Executive Committee or the District Authorities for the purposes of responding promptly and effectively to any disaster in the State, including measures for- (i) providing emergency communication with a vulnerable or affected area; (ii) transporting personnel and relief goods to and from the affected area; (iii) providing evacuation, rescue, temporary shelter or other immediate relief; (iv) carrying out evacuation of persons or live-stock from an area of any threatening disaster situation or disaster; (v) setting up temporary bridges, jetties and landing places; (vi) providing drinking water, essential provisions, health-care and services in an affected area; (i) such other actions as may be necessary for disaster management. ### 40. Disaster management plan of departments of State .-(1) Every department of the State Government, in conformity with the guidelines laid down by the State Authority, shall- (a) prepare a disaster management plan which shall lay down the following:- (i) the types of disasters to which different parts of the State are vulnerable; (ii) integration of strategies for the prevention of disaster or the mitigation of its effects or both with the development plans and programmes by the department; (iii) the roles and responsibilities of the department of the State in the event of any threatening disaster situation or disaster and emergency support function it is required to perform; (iv) present status of its preparedness to perform such roles or responsibilities or emergency support function under sub-clause (iii); (v) the capacity-building and preparedness measures proposed to be put into effect in order to enable the Ministries or Departments of the Government of India to discharge their responsibilities under section 37; (b) annually review and update the plan referred to in clause (a); and (c) furnish a copy of the plan referred to in clause (a) or clause (b), as the case may be, to the State Authority. (2) Every department of the State Government, while preparing the plan under sub-section (1), shall make provisions for financing the activities specified therein. (3) Every department of the State Government shall furnish an implementation status report to the State Executive Committee regarding the implementation of the disaster management plan referred to in sub-section (1). Chapter VI Local Authorities --------------------------------- ### 41. Functions of the local authority .-(1) Subject to the directions of the District Authority, a local authority shall- (a) ensure that its officers and employees are trained for disaster management; (b) ensure that resources relating to disaster management are so maintained as to be readily available for use in the event of any threatening disaster situation or disaster; (c) ensure all construction projects under it or within its jurisdiction conform to the standards and specifications laid down for prevention of disasters and mitigation by the National Authority, State Authority and the District Authority; (d) carry out relief, rehabilitation and reconstruction activities in the affected area in accordance with the State Plan and the District Plan. (2) The local authority may take such other measures as may be necessary for the disaster management. Chapter VII National Institute Of Disaster Management ---------------------------------------------------------- ### 42. National Institute of Disaster Management .-(1) With effect from such date as the Central Government may, by notification in the Official Gazette appoint in this behalf, there shall be constituted an institute to be called the National Institute of Disaster Management. (2) The National Institute of Disaster Management shall consist of such number of members as may be prescribed by the Central Government. (3) The term of office of, and vacancies among, members of the National Institute of Disaster Management and manner of filling such vacancies shall be such as may be prescribed. (4) There shall be a governing body of the National Institute of Disaster Management which shall be constituted by the Central Government from amongst the members of the National Institute of Disaster Management in such manner as may be prescribed. (5) The governing body of the National Institute of Disaster Management shall exercise such powers and discharge such functions as may be prescribed by regulations. (6) The procedure to be followed in exercise of its powers and discharge of its functions by the governing body, and the term of office of, and the manner of filling vacancies among, the members of the governing body, shall be such as may be prescribed by regulations. (7) Until the regulations are made under this section, the Central Government may make such regulations; and any regulations so made may be altered or rescinded by the National Institute of Disaster Management in exercise of its powers. (8) Subject to the provisions of this Act, the National Institute of Disaster Management shall function within the broad policies and guidelines laid down by the National Authority and be responsible for planning and promoting training and research in the area of disaster management, documentation and development of national level information base relating to disaster management policies, prevention mechanisms and mitigation measures. (9) Without prejudice to the generality of the provisions contained in sub-section (8), the National Institute, for the discharge of its functions, may- (a) develop training modules, undertake research and documentation in disaster management and organise training programmes; (b) formulate and implement a comprehensive human resource development plan covering all aspects of disaster management; (c) provide assistance in national level policy formulation; (d) provide required assistance to the training and research institutes for development of training and research programmes for stakeholders including Government functionaries and undertake training of faculty members of the State level training institutes; (e) provide assistance to the State Governments and State training institutes in the formulation of State level policies, strategies, disaster management framework and any other assistance as may be required by the State Governments or State training institutes for capacity-building of stakeholders, Government including its functionaries, civil society members, corporate sector and people's elected representative; (f) develop educational materials for disaster management including academic and professional courses; (g) promote awareness among stakeholders including college or school teachers and students, technical personnel and others associated with multi-hazard mitigation, preparedness and response measures; (h) undertake, organise and facilitate study courses, conferences, lectures, seminars within and outside the country to promote the aforesaid objects; (i) undertake and provide for publication of journals, research papers and books and establish and maintain libraries in furtherance of the aforesaid objects; (j) do all such other lawful things as are conducive or incidental to the attainment of the above objects; and (k) undertake any other function as may be assigned to it by the Central Government. ### 43. Officers and other employees of the National Institute .-The Central Government shall provide the National Institute of Disaster Management with such officers, consultants and other employees, as it considers necessary, for carrying out its functions. Chapter VIII National Disaster Response Force -------------------------------------------------- ### 44. National Disaster Response Force .-(1) There shall be constituted a National Disaster Response Force for the purpose of specialist response to a threatening disaster situation or disaster. (2) Subject to the provisions of this Act, the Force shall be constituted in such manner and, the conditions of service of the members of the Force, including disciplinary provisions therefor, be such as may be prescribed. ### 45. Control, direction, etc .-The general superintendence, direction and control of the Force shall be vested and exercised by the National Authority and the command and supervision of the Force shall vest in an officer to be appointed by the Central Government as the Director General of the National Disaster Response Force. Chapter IX Finance, Accounts And Audit ------------------------------------------- ### 46. National Disaster Response Fund .-(1) The Central Government may, by notification in the Official Gazette, constitute a fund to be called the National Disaster Response Fund for meeting any threatening disaster situation or disaster and there shall be credited thereto- (a) an amount which the Central Government may, after due appropriation made by Parliament by law in this behalf provide; (b) any grants that may be made by any person or institution for the purpose of disaster management. (2) The National Disaster Response Fund shall be made available to the National Executive Committee to be applied towards meeting the expense for emergency response, relief and rehabilitation in accordance with the guidelines laid down by the Central Government in consultation with the National Authority. ### 47. National Disaster Mitigation Fund .-(1) The Central Government may, by notification in the Official Gazette, constitute a Fund to be called the National Disaster Mitigation Fund for projects exclusively for the purpose of mitigation and there shall be credited thereto such amount which the Central Government may, after due appropriation made by Parliament by law in this behalf, provide. (2) The National Disaster Mitigation Fund shall be applied by the National Authority. ### 48. Establishment of funds by State Government .-(1) The State Government shall, immediately after notifications issued for constituting the State Authority and the District Authorities, establish for the purposes of this Act the following funds, namely:- (a) the fund to be called the State Disaster Response Fund; (b) the fund to be called the District Disaster Response Fund; (c) the fund to be called the State Disaster Mitigation Fund; (d) the fund to be called the District Disaster Mitigation Fund. (2) The State Government shall ensure that the funds established- (i) under clause (a) of sub-section (1) is available to the State Executive Committee; (ii) under sub-clause (c) of sub-section (1) is available to the State Authority; (iii) under clauses (b) and (d) of sub-section (1) are available to the District Authority. ### 49. Allocation of funds by Ministries and Departments .-(1) Every Ministry or Department of the Government of India shall make provisions, in its annual budget, for funds for the purposes of carrying out the activities and programmes set out in its disaster management plan. (2) The provisions of sub-section (1) shall, mutatis mutandis , apply to the departments of the Government of the State. ### 50. Emergency procurement and accounting .-Where by reason of any threatening disaster situation or disaster, the National Authority or the State Authority or the District Authority is satisfied that immediate procurement of provisions or materials or the immediate application of resources are necessary for rescue or relief,- (a) it may authorise the concerned department or authority to make the emergency procurement and in such case, the standard procedure requiring inviting of tenders shall be deemed to be waived; (b) a certificate about utilisation of provisions or materials by the controlling officer authorised by the National Authority, State Authority or District Authority, as the case may be, shall be deemed to be a valid document or voucher for the purpose of accounting of emergency, procurement of such provisions or materials. Chapter X Offences And Penalties ------------------------------------- ### 51. Punishment for obstruction, etc .-(1) Whoever, without reasonable cause- (a) obstructs any officer or employee of the Central Government or the State Government, or a person authorised by the National Authority or State Authority or District Authority in the discharge of his functions under this Act; or (b) refuses to comply with any direction given by or on behalf of the Central Government or the State Government or the National Executive Committee or the State Executive Committee or the District Authority under this Act, shall on conviction be punishable with imprisonment for a term which may extend to one year or with fine, or with both, and if such obstruction or refusal to comply with directions results in loss of lives or imminent danger thereof, shall on conviction be punishable with imprisonment for a term which may extend to two years. ### 52. Punishment for false claim .-Whoever knowingly makes a claim which he knows or has reason to believe to be false for obtaining any relief, assistance, repair, reconstruction or other benefits consequent to disaster from any officer of the Central Government, the State Government, the National Authority, the State Authority or the District Authority, shall, on conviction be punishable with imprisonment for a term which may extend of two years, and also with fine. ### 53. Punishment for misappropriation of money or material, etc .-Whoever, being entrusted with any money or materials, or otherwise being, in custody of, or dominion over, any money or goods, meant for providing relief in any threatening disaster situation or disaster, misappropriates or appropriates for his own use or disposes of such money or materials or any part thereof or wilfully compels any other person so to do, shall on conviction be punishable with imprisonment for a term which may extend to two years, and also with fine. ### 54. Punishment for false warning .-Whoever makes or circulates a false alarm or warning as to disaster or its severity or magnitude, leading to panic, shall on conviction, be punishable with imprisonment which may extend to one year or with fine. ### 55. Offences by Departments of the Government .-(1) Where an offence under this Act has been committed by any Department of the Government, the head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a Department of the Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the head of the Department, such officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. ### 56. Failure of officer in duty or his connivance at the contravention of the provisions of this Act .-Any officer, on whom any duty has been imposed by or under this Act and who ceases or refuses to perform or withdraws himself from the duties of his office shall, unless he has obtained the express written permission of his official superior or has other lawful excuse for so doing, be punishable with imprisonment for a term which may extend to one year or with fine. ### 57. Penalty for contravention of any order regarding requisitioning .-If any person contravenes any order made under section 65, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both. ### 58. Offence by companies .-(1) Where an offence under this Act has been committed by a company or body corporate, every person who at the time the offence was committed, was in charge of, and was responsible to, the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: Provided that nothing in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also, be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation .-For the purpose of this section- (a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm. ### 59. Previous sanction for prosecution .-No prosecution for offences punishable under sections 55 and 56 shall be instituted except with the previous sanction of the Central Government or the State Government, as the case may be, or of any officer authorised in this behalf, by general or special order, by such Government. ### 60. Cognizance of offences .-No Court shall take cognizance of an offence under this Act except on a complaint made by- (a) the National Authority, the State Authority, the Central Government, the State Government, the District Authority or any other authority or officer authorised in this behalf by that Authority or Government, as the case may be; or (b) any person who has given notice of not less than thirty days in the manner prescribed, of the alleged offence and his intention to make a complaint to the National Authority, the State Authority, the Central Government, the State Government, the District Authority or any other authority or officer authorised as aforesaid. Chapter XI Miscellaneous ----------------------------- ### 61. Prohibition against discrimination .-While providing compensation and relief to the victims of disaster, there shall be no discrimination on the ground of sex, caste, community, descent or religion. ### 62. Power to issue direction by Central Government .-Notwithstanding anything contained in any other law for the time being in force, it shall be lawful for the Central Government to issue direction in writing to the Ministries or Departments of the Government of India, or the National Executive Committee or the State Government, State Authority, State Executive Committee, statutory bodies or any of its officers or employees, as the case may be, to facilitate or assist in the disaster management and such Ministry or Department or Government or Authority, Executive Committee, statutory body, officer or employee shall be bound to comply with such direction. ### 63. Powers to be made available for rescue operations .-Any officer or authority of the Union or a State, when requested by the National Executive Committee, any State Executive Committee or District Authority or any person authorised by such Committee or Authority in this behalf, shall make available to that Committee or authority or person, such officers and employees as requested for, to perform any of the functions in connection with the prevention of disaster or mitigation or rescue or relief work. ### 64. Making or amending rules, etc., in certain circumstances .-Subject to the provisions of this Act, if it appears to the National Executive Committee, State Executive Committee or the District Authority, as the case may be, that provisions of any rule, regulation, notification, guideline, instruction, order, scheme or bye-laws, as the case may be, are required to be made or amended for the purposes of prevention of disasters or the mitigation thereof, it may require the amendment of such rule, regulation, notification, guidelines, instruction, order, scheme or bye-laws, as the case may be, for that purpose, and the appropriate department or authority shall take necessary action to comply with the requirements. ### 65. Power of requisition of resources, provisions, vehicles, etc., for rescue operations, etc .-(1) If it appears to the National Executive Committee, State Executive Committee or District Authority or any officer as may be authorised by it in this behalf that- (a) any resources with any authority or person are needed for the purpose of prompt response; (b) any premises are needed or likely to be needed for the purpose of rescue operations; or (c) any vehicle is needed or is likely to be needed for the purposes of transport of resources from disaster affected areas or transport of resources to the affected area or transport in connection with rescue, rehabilitation or reconstruction, such authority may, by order in writing, requisition such resources or premises or such vehicle, as the case may be, and may make such further orders as may appear to it to be necessary or expedient in connection with the requisitioning. (2) Whenever any resource, premises or vehicle is requisitioned under sub-section (1), the period of such requisition shall not extend beyond the period for which such resource, premises or vehicle is required for any of the purposes mentioned in that sub-section. (3) In this section,- (a) "resource" includes men and material resources; (b) "service" includes facilities; (c) "premises" means any land, building or part of a building and includes a hut, shed or other structure or any part thereof; (d) "vehicle" means any vehicle used or capable of being used for the purpose of transport, whether propelled by mechanical power or otherwise. ### 66. Payment of compensation .-(1) Whenever any Committee, Authority or officer referred to in sub-section (1) of section 65, in pursuance of that section requisitions any premises, there shall be paid to the persons interested compensation the amount of which shall be determined by taking into consideration the following, namely:- (i) the rent payable in respect of the premises, or if no rent is so payable, the rent payable for similar premises in the locality; (ii) if as consequence of the requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change: Provided that where any person interested being aggrieved by the amount of compensation so determined makes an application within the thirty days to the Central Government or the State Government, as the case may be, for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the Central Government or the State Government, as the case may be, may determine: Provided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation, it shall be referred by the Central Government or the State Government, as the case may be, to an arbitrator appointed in this behalf by the Central Government or the State Government, as the case may be, for determination, and shall be determined in accordance with the decision of such arbitrator. Explanation .-In this sub-section, the expression "person interested" means the person who was in actual possession of the premises requisitioned under section 65 immediately before the requisition, or where no person was in such actual possession, the owner of such premises. (2) Whenever any Committee, Authority or officer, referred to in sub-section (1) of section 65 in pursuance of that section requisitions any vehicle, there shall be paid to the owner thereof compensation the amount of which shall be determined by the Central Government or the State Government, as the case may be, on the basis of the fares or rates prevailing in the locality for the hire of such vehicle: Provided that where the owner of such vehicle being aggrieved by the amount of compensation so determined makes an application within the prescribed time to the Central Government or the State Government, as the case may be, for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the Central Government or the State Government, as the case may be, may determine: Provided further that where immediately before the requisitioning the vehicle or vessel was by virtue of a hire purchase agreement in the possession of a person other than the owner, the amount determined under this sub-section as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon, and in default of agreement, in such manner as an arbitrator appointed by the Central Government or the State Government, as the case may be, in this behalf may decide. ### 67. Direction to media for communication of warnings, etc .-The National Authority, the State Authority, or a District Authority may recommend to the Government to give direction to any authority or person in control of any audio or audio-visual media or such other means of communication as may be available to carry any warning or advisers regarding any threatening disaster situation or disaster, and the said means of communication and media as designated shall comply with such direction. ### 68. Authentication of orders or decisions .-Every order or decision of the National Authority or the National Executive Committee, the State Authority, or the State Executive Committee or the District Authority, shall be authenticated by such officers of the National Authority or the National Executive Committee or, the State Executive Committee, or the District Authority, as may be authorised by it in this behalf. ### 69. Delegation of powers .-The National Executive Committee, State Executive Committee, as the case may be, by general or special order in writing, may delegate to the Chairperson or any other member or to any officer, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this Act as it may deem necessary. ### 70. Annual report .-(1) The National Authority shall prepare once every year, in such form and at such time as may be prescribed, an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the Central Government and that Government shall cause the same to be laid before both Houses of Parliament within one month of its receipt. (2) The State Authority shall prepare once in every year, in such form and at such time as may be prescribed, an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the State Government and that Government shall cause the same to be laid before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House. ### 71. Bar of jurisdiction of Court .-No Court (except the Supreme Court or a High Court) shall have jurisdiction to entertain any suit or proceeding in respect of anything done, action taken, orders made, direction, instruction or guidelines issued by the Central Government, National Authority, State Government, State Authority or District Authority in pursuance of any power conferred by, or in relation to its functions, by this Act. ### 72. Act to have overriding effect .-The provisions of this Act, shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. ### 73. Action taken in good faith .-No suit or prosecution or other proceeding shall lie in any Court against the Central Government or the National Authority or the State Government or the State Authority or the District Authority or local authority or any officer or employee of the Central Government or the National Authority or the State Government or the State Authority or the District Authority or local authority or any person working for on behalf of such Government or authority in respect of any work done or purported to have been done or intended to be done in good faith by such authority or Government or such officer or employee or such person under the provisions of this Act or the rules or regulations made thereunder. ### 74. Immunity from legal process .-Officers and employees of the Central Government, National Authority, National Executive Committee, State Government, State Authority, State Executive Committee or District Authority shall be immune from legal process in regard to any warning in respect of any impending disaster communicated or disseminated by them in their official capacity or any action taken or direction issued by them in pursuance of such communication or dissemination. ### 75. Power of Central Government to make rules .-(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the composition and number of the members of the National Authority under sub-section (2), and the term of office and conditions of service of members of the National Authority under sub-section (4) of section 3; (b) the allowances to be paid to the members of the advisory committee under sub-section (2) of section 7; (c) the powers and functions of the Chairperson of the National Executive Committee under sub-section (3) of section 8 and the procedure to be followed by the National Executive Committee in exercise of its powers and discharge of its functions under sub-section (4) of section 8; (d) allowances to be paid to the persons associated with the sub-committee constituted by the National Executive Committee under sub-section (3) of section 9; (e) the number of members of the National Institute of Disaster Management under sub-section (2), the term of the office and vacancies among members and the manner of filling such vacancies under sub-section (3) and the manner of constituting the Governing Body of the National Institute of Disaster Management under sub-section (4) of section 42; (f) the manner of constitution of the Force, the conditions of service of the members of the Force, including disciplinary provisions under sub-section (2) of section 44; (g) the manner in which notice of the offence and of the intention to make a complaint to the National Authority, the State Authority, the Central Government, the State Government or the other authority or officer under clause (b) of section 60; (h) the form in which and the time within which annual report is to be prepared under section 70. (i) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules. ### 76. Power to make regulations .-(1) The National Institute of Disaster Management, with the previous approval of the Central Government may, by notification in the Official Gazette, make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:- (a) powers and functions to be exercised and discharged by the governing body; (b) procedure to be followed by the governing body in exercise of the powers and discharge of its functions; (c) any other matter for which under this Act provision may be made by the regulations. ### 77. Rules and regulations to be laid before Parliament .-Every rule made by the Central Government and every regulation made by the National Institute of Disaster Management 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 of one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. ### 78. Power of State Government to make rules .-(1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the composition and number of the members of the State Authority under sub-section (2), and the term of office and conditions of service of the members of the State Authority under sub-section (5) of section 14; (b) the allowances to be paid to the members of the advisory committee under sub-section (2) of section 17; (c) the powers and functions of the Chairperson of the State Executive Committee under sub-section (3), and the procedure to be followed by the State Executive Committee in exercise of its powers and discharge of its functions under sub-section (4) of section 20; (d) allowances to be paid to the persons associated with the sub-committee constituted by the State Executive Committee under sub-section (3) of section 21; (e) the composition and the number of members of the District Authority under sub-section (2), and the powers and functions to be exercised and discharged by the Chief Executive Officer of the District Authority under sub-section (3) of section 25; (f) allowances payable to the persons associated with any committee constituted by the District Authority as experts under sub-section (3) of section 28; (g) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules. (3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House before that House. ### 79. Power to remove difficulties .-(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government or the State Government, as the case may be, by notification in the Official Gazette, make order not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for the removal of the difficulty: Provided that no such order shall be made after the expiration of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament or the Legislature, as the case may be.
65baa155ab84c7eca86ec39d	acts	State of Goa - Act -------------------- The Goa Tax on Luxuries Act, 1988 ----------------------------------- GOA India The Goa Tax on Luxuries Act, 1988 =================================== Act 17 of 1988 ---------------- * Published on 26 August 1988 * Commenced on 26 August 1988 The Goa Tax on Luxuries Act, 1988 (Act No. 17 of 1988 ) [Dated 26-8-1988] An act to provide for levy of tax [\] [The words 'on Luxuries provided in hotels and lodging houses' omitted by the Amendment Act 16 of 2001.] in the State of Goa. Be it enacted by the Legislative Assembly of Goa in the Thirty-ninth Year of the Republic of India as follows:- ### 1. Short title, extent and commencement. (1) This Act may be called the Goa Tax on Luxuries [\ \* \] [The expression 'Hotels and Lodging Houses' omitted by Amendment Act 16 of 2001.] Act, 1988. (2) It extends to the whole of the State of Goa. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. ### 2. Definitions. - In this Act, unless the context otherwise requires,- (a) [ "accommodation provided for commercial purpose" means a building or part of a building where accommodation is provided for holding trade fairs, exhibitions, demonstrations, sales promotions, conferences, etc., and includes [open space with or without tents] [Inserted by the Amendment Act 22 of 2001.] or any enclosure erected for giving on hire space for holding the activities herebefore mentioned.] (aa) [ "accommodation with luxuries provided for other purposes" means a building or part of a building or a part of any hotel, community hall, agrashala, marriage & cultural halls, lawns and open spaces, or any such enclosures or mandap let on hire by proprietor, for holding social or cultural functions like, marriages, get togethers parties, receptions, cultural programmes, etc. with services including like providing furniture, entertainment, sound system, decorations, illumination, pendal, etc., but excluding services like supplying food and beverages, for monetary consideration; [Clause (aa) and (ab) inserted by the Amendment Act 19 of 2009.] (ab) "Additional Commissioner" means a person appointed as Additional Commissioner of Luxury Tax under sub-section (2) of section 3 of this Act.] (ac) [] [Re-numbered by the Amendment Act 22 of 2001 as 'aa' thereafter by the Amendment Act 19 0f 2009 as 'ac'.] "appointed day" means the day on which this Act comes into force; (b) [ "business" includes. - [Substituted by the Amendment Act 16 of 2001 and thereafter by the Amendment Act 22 of 2001.] (i) [] the activity of providing residential accommodation and any other services in connection with, or incidental to or ancillary to such activity of providing residential accommodation, by a hotelier for monetary consideration; (ii) [] [Sub-Clause (b) of clause (b) omitted and sub-clause (c) re-numbered as sub-clause (b) by the Amendment Act 19 of 2006. thereafter by the Amendment Act same has been re-numbered as (ii).] The activity of providing accommodation for commercial purpose, such as, for holding trade fairs, exhibitions, demonstrations, sales promotions, conferences, etc., for monetary consideration.] (iii) [ The activity of providing accommodation with luxuries for other purposes, such as, for holding marriage ceremonies, wedding receptions, get togethers, parties, cultural or social functions, etc., for monetary consideration;] [Inserted by the Amendment Act 19 0f 2009.] [ (c ) "club" includes both, an incorporated as well as unincorporated association of persons, by whatever name called;] [Inserted by the Amendment Act 9 of 2000.] (cc) [] [Re-numbered by the Amendment Act 9 of 2000 and substituted by the Amendment Act 19 0f 2009.] 'Commissioner' means a person appointed as Commissioner of Luxury Tax under sub-section (1) of section 3 of this Act [and includes Additional Commissioner of Luxury Tax;] [Inserted by the Amendment Act 16 of 2001.] (d) [ 'hotel' includes a residential accommodation, a lodging house, an inn, a public house or a building or part of a building, a club, a boat, vessel or any place where a residential accommodation is provided by way of business;] [Substituted by the Amendment Act 9 of 2000.] [Explanation. - A residential accommodation provided under Timeshare Agreement or under Package Deal Agreement or under any such system wherein the facility of availing residential accommodation during a given period in a year is allowed upon a lumpsum payment, shall be deemed to be a "hotel" for the purposes of this Act ] [Inserted by the Amendment Act 21 of 2000.] (e) 'hotelier' means the owner of the hotel and includes the person who for the time being is in charge of the management of the hotel; (ee) [ "luxuries" means [\ \* \] [Inserted by the Amendment Act 16 of 2001.] services specified in the Schedule, ministering the enjoyment, comfort or pleasure extraordinary to necessities of life;] (f) [ 'luxury provided in a hotel' means accommodation and other services provided in a hotel, including air conditioning, telephone, television, radio, music entertainment, extra beds and the like, [and all services other than casinos, water sports, boat/river cruises and supply of food and drinks] [Substituted by the Amendment Act 22 of 2001.] ;] Explanation. - Wherever accommodation provided is under Timeshare Agreement or a Package Deal Agreement or any such system wherein only maintenance charges, by whatever name called, are collected periodically, over and above lumpsum payment made, the charges for luxuries provided shall be determined as under:- [(i) Where a hotel is having any of the following facilities, Rs. 500/- per day for the accommodation facility actually availed. Facilities (i) Swimming Pool. (ii) Health Club. (iii) Tennis Courts. (iv) Golf Courses. (v) Shopping Arcade. (ii) In all other cases, the charges for luxuries shall be worked out at Rs. 300/- per day for the accommodation facility actually availed.] (g) [ 'person' includes any company or association or body of individuals whether incorporated or not, and also a Hindu undivided family, a firm, a local authority, a club, a corporation, any social or religious institution, a trust, or society, a State Government or the Central Government or artificial juridical person not falling within any of the preceding descriptions.;] [Substituted by the Amendment Act 19 of 2009.] (h) [ 'Place of business' includes an office, or any other place which a hotelier or a proprietor uses for the purpose of business or where he keeps his books of accounts in any media;] [Substituted by the Amendment Act 19 of 2009.] (i) 'prescribed' means prescribed by rules made under this Act; (ii) [ "proprietor" in relation to accommodation provided for commercial purposes or accommodation with luxuries provided for other purposes, includes person who for the time being is in-charge of the management of building or part of building or tent or enclosure or an open space provided to conduct the business, as the case may be;] [Substituted by the Amendment Act 19 of 2009.] (j) [ 'receipt' means the amount of monetary consideration received or receivable by a hotelier or a proprietor or by his agent for the luxury provided in a hotel or for the accommodation provided for commercial purposes or for accommodation with luxuries provided for other purposes;] [Substituted by the Amendment Act 19 of 2009.] ; (k) [ 'registered ' means registered under section 9 of this Act;] [Substituted by the Amendment Act 19 of 2009.] (l) "rules" means rules made under this Act; (ll) [ "Schedule" means the Schedule appended to this Act;] [Inserted by the Amendment Act 16 of 2001.] (m) "State" means the State of Goa; [\ \* \] [Clause (mm) and (mmm) were Inserted by the Amendment Act 16 of 2001 and same has been omitted by the Amendment Act 19 of 2006.] (n) [ "tax" means the tax levied on luxuries provided in a hotel or for accommodation provided for commercial purpose/and on other luxuries] [Substituted by the Amendment Act 22 of 2001.] provided under this Act [\ \* \] [The words 'and includes surcharge, if any, leviable' inserted by the Amendment Act 4 of 2003, and same has been omitted by the Amendment Act 19 of 2006.] ; (o) "Tribunal" means a Tribunal constituted under section 4; (p) [ "turnover of receipts" means the aggregate of the amount of monetary consideration received or receivable by a hotelier or by a proprietor or by his agent in respect of luxuries provided in a hotel or for accommodation provided for commercial purpose or for accommodation with luxuries provided for other purposes, during a year; ] [Substituted by the Amendment Act 19 of 2009.] [\ \* \] [Clause (pp) and (ppp) were inserted by the Amendment Act 16 of 2001 and same has been omitted by the Amendment Act 19 of 2006.] (q) [ "year" means a financial year;] [Substituted by the Amendment Act 19 of 2009.] ### 3. Taxing Authorities. (1) For the purpose of implementing the provisions of this Act, the State Government shall appoint an officer to be called the Commissioner of Luxury Tax for the whole of the State of Goa. (2) To assist the Commissioner in the execution of his functions under this Act, the State Government shall appoint Additional Commissioner of Luxury Tax and such number of- [(i) Assistant Commissioners of Luxury Tax Additional and (ii) Luxury Tax Officers, as the State Government thinks necessary;] (2A) The Commissioner may appoint such number of. - [(i) Assistant Luxury Tax Officers; (ii) Luxury Tax Inspectors; (iii) Other Officers and ministerial staff, as found necessary, to assist him in the execution of his functions under this Act;] (3) [\ \* \] [Omitted by the Amendment Act 19 of 2009.] . (4) The Commissioner and all officers and persons appointed [under sub-sections (2) and (2A)] [Substituted by the Amendment Act 19 of 2009.] shall exercise such powers as may be conferred and perform such duties as may be required, by or under this Act; (5) The Commissioner and all officers and persons appointed [under sub-sections (2) and (2A)] [Substituted by the Amendment Act 19 of 2009.] shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860). (6) the superintendence and control for the proper execution of the provisions of this Act and the rules made thereunder relating to the levy and collection of the tax shall vest in the Commissioner. ### 4. Tribunal. (1) Subject to the provisions of this section, the State Government shall constitute a Tribunal consisting of one or more members as it thinks fit to discharge the functions conferred on the Tribunal by or under this Act: Provided that, where the Tribunal consists of one member, that member shall be a person who has held a civil judicial post for at least ten years or who has been a member of the Central Legal Service (not below Grade II) for at least three years, or who has been in practice as an advocate for at least ten years, and where the Tribunal consists of more than one member, one such member shall be a person qualified as aforesaid. (2) If the Tribunal consists of more than one member, the State Government shall appoint one of the members of the Tribunal to be the Chairman thereof. (3) The qualification of the member or members constituting the Tribunal and the period for which such member or members shall hold office, shall be such as may be prescribed. (4) The State Government may terminate the appointment of any member of the Tribunal before the expiry of the term of his office if such member- (a) is adjudged as an insolvent; or (b) engages during his term of office in any paid employment outside the duties of his office; or (c) is or becomes, in any way concerned or interested in any contract or agreement made by or on behalf of the State Government or participates in any way in the profit thereof or in any benefit or emoluments arising therefrom; or (d) is in the opinion of the State Government, unfit to continue in office by reason of infirmity of mind or body; or (e) is convicted of an offence involving moral turpitude: Provided that, before terminating the appointment of any member under this sub-section, such member shall be given a reasonable opportunity of making representation against such termination of appointment. (5) Any vacancy in the membership of the Tribunal shall be filled up by the State Government as soon as practicable. (6) If the Tribunal consists of more than one member, the functions of the Tribunal may be discharged by any of the members sitting either singly or in benches of two or more members, as may be determined by the Chairman. (7) Where the Tribunal consists of more than one member and they are divided on any matter arising for decision before them, the decision shall be the decision of the majority, if there be a majority; but if the members are equally divided, they shall state the point or points on which they differ and the case shall be referred by the Chairman for hearing on such point or points to one or more of the other members of the Tribunal, and such point or points shall be decided according to the majority of the members of the Tribunal who heard the case, including those who first heard it. (8) Subject to such conditions and limitations as may be prescribed, the Tribunal shall have power to award costs, and the amount of such costs shall be recoverable from the person who is ordered to pay the same as arrears of land revenue. (9) The Tribunal shall for the purpose of regulating its procedure and disposal of its business make regulations not inconsistent with the provisions of this Act and the rules made thereunder: Provided that the regulations so made shall not have effect until they are approved by the State Government and published in the Official Gazette. (10) Notwithstanding anything contained in this section, the State Government may, by notification in the Official Gazette, confer on any Tribunal constituted or functioning under any other law for the time being in force, the powers conferred on a Tribunal by or under this Act and thereupon such other Tribunal shall be deemed to be a Tribunal constituted under this section in relation to the said law notwithstanding anything inconsistent in such other law: Provided that the provisions of sub-sections (3) and (4) shall not apply to the Tribunal on which such powers are so conferred. (11) Any proceedings before the Tribunal shall be deemed to be a judicial proceeding within the meaning of section 193 and 228 of the Indian Penal Code (Central Act 45 of 1860). ### 5. Incidence and levy of tax. (1) Subject to the provisions of this Act and the rules made thereunder, there shall be levied a tax on the turnover of receipts of a hotelier. (2) [ There shall be levied a tax on the turnover of receipts at the rates provided in Schedule I hereto] [Sub-section (2) of Section 5 substituted by Amendment Act 5 of 1993, 21 of 2000, 16 of 2001,16 of 2002 , 7 of 2004 and lastly by 19 of 2006.] (3) Where in addition to the charges for luxury provided in a hotel, service charges are levied and appropriated by the hotelier and not paid to the staff, then such charges shall be deemed to be part of the charges for luxury provided in the hotel. (4) [ Where luxury provided in a hotel to any person (not being an employee of the hotel) is not charged at all, nevertheless there shall be levied and collected a tax on such luxury at one fourth of the rates specified in sub-section (2), as if full charges for such luxuries were paid to the hotelier.] [Substituted by the Amendment Act 22 of 2001.] (5) The tax shall not be levied and payable in respect of the turnover of receipts for supply of food and drinks, on the sale of which the hotelier is liable to pay [tax under the Goa Value Added Tax Act, 2005 ( Act 9 of 2005 )] [Substituted by the Amendment Act 19 of 2006] . (6) For the purposes of this Act, tax collected separately by the hotelier shall not be considered to be part of the receipt of the turnover of receipts of the hotelier. (7) (i) The Government may, by notification in the Official Gazette,- [(a) reduce any rate of tax; (b) enhance any rate of tax; and may by like notification, add to , or omit from, or otherwise amend any entry, of the Schedule and thereupon the Schedule shall be deemed to have been amended accordingly. (ii) Any notification issued under clause (i) shall take effect prospectively, either from the date of publication thereof in the Official Gazette or from such later date as may be mentioned therein. (iii) Every notification made under clause (i) shall be laid as soon as may be after it is made on the table of Legislative Assembly while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly agrees in making any modification in the notification or the Legislative Assembly agrees that the notification should not be made and notify such decision in the Official Gazette, the notification shall from the date of publication of such decision 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 or omitted to be done under that notification.] ### 5A. [ [Section 5A was inserted by the Amendment Act 22 of 2001 and omitted by the Amendment Act 19 0f 2006.] ] [Inserted by the amendment Act 19 of 2006.] ### 5B. [ Levy of Tax on Accommodation provided for Commercial purposes and for providing Accommodation with Luxuries for other purposes. [Inserted by the Amendment Act 22 of 2001and substituted by the Amendment Act 19 of 2009.] (1) Subject to the provisions of this Act, there shall be levied and collected a tax on the turnover of receipts of a proprietor, for accommodation provided for commercial purposes or for accommodation with luxuries provided for other purposes, at the rate specified in Schedule III hereto. (2) The Government may, by notification in the Official Gazette, amend any entry in Schedule III and the provisions of sub-section (7) of section 5 of this Act shall mutatis mutandis apply for amending said Schedule.] [Inserted by the Amendment Act 19 of 2009.] ### 5C. [ [Section 5C was inserted by the Amendment Act 4 of 2003 and omitted by the Amendment Act 19 of 2006.] ] [Substituted by the Amendment Act 19 of 2009.] ### 6. Liability of hoteliers to tax. (1) Subject to the provisions of this Act and the rules made thereunder, there shall be paid, by every [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] , who is liable to pay tax under this Act, the tax or taxes liviable in accordance with the provisions of this Act. (2) If a person other than the owner (including, part-owner) is for the time being in charge of the [hotel or of accommodation provided for commercial purposes or of accommodation with luxuries provided for other purposes] [Substituted by the Amendment Act 19 of 2009.] , then such person and the owner (including part-owner) shall jointly and severally be liable to pay the tax. ### 7. Liability of firms as hoteliers or proprietors. - Where a [hotel or of accommodation provided for commercial purposes or of accommodation with luxuries provided for other purposes] [Substituted by the Amendment Act 19 of 2009.] , [\ \* \] [The words 'or business' was inserted by the Amendment Act 16 of 2001 and same has been omitted by the Amendment Act 19 of 2006.] is owned, managed or run a firm, then the firm and each of the partners of the firm shall be jointly and severally liable for payment of tax: Provided that where any partner retires from the firm, he shall be liable to pay the tax, penalty or interest payable under this Act, if any, remaining unpaid at the time of his retirement, and any tax due up to the date of his retirement, even if assessment of tax including [penalty] [Substituted by the Amendment Act 19 of 2009.] (if any) is made at a later date. ### 8. Special provision regarding liability in certain cases. (1) Where a [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] liable to pay tax under this Act, dies, then- (a) if the business carried on by the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] is continued after his death by his legal representative or any other person, such legal representative or other person shall be liable to pay the tax including any penalty due from such [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] under this Act in the like manner and to the same extent as the deceased [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] ; or (b) if the business carried on by the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] is discontinued, whether before or after his death, his legal representative shall be liable to pay out of the estate of the deceased, in the like manner and to the same extent as the deceased hotelier proprietor would have been liable to pay if he had not died, the tax (including any penalty) due from such [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] under this Act, whether such tax (including any penalty) has been assessed before his death but has remained unpaid or is assessed after his death. Explanation. - For the purpose of this sub-section, the expression 'legal representative' has the meaning assigned to it in clause (11) of section 2 of the Code of Civil Procedure, 1908 (Central Act 5 of 1908). (2) Where a [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] liable to pay tax under this Act is a Hindu undivided family and the joint property is partitioned amongst the various members or group of members, then each member or group of members shall be jointly and severally liable to pay the tax (including any penalty) due from the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] under this Act upto the time of partition whether such tax (including any penalty) has been assessed before partition but has remained unpaid or is assessed after partition. (3) Where a hotelier or proprietor, liable to pay tax under this Act is a firm and the firm is dissolved, then every person who was a partner shall be jointly and severally liable to pay to the extent to which he is liable under section 7, the tax (including any penalty) due from the firm under this Act upto the time of dissolution, whether such tax (including any penalty) has been assessed before such dissolution but has remained unpaid or is assessed after dissolution. (4) Where a hotelier or proprietor, liable to pay tax under this Act, transfers or otherwise disposes of his business in whole or in part or effects any change in the ownership thereof, in consequence of which he is succeeded in the business or part thereof by any other person, then the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] and the person succeeding shall jointly and severally be liable to pay the tax (including any penalty) due from the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] under this Act upto the time of such transfer, disposal or change, whether such tax (including any penalty) has been assessed before such transfer, disposal or change but has remained unpaid, or is assessed thereafter. (5) Where a hotelier or proprietor, liable to pay tax under this Act,- (a) is the guardian of a ward on whose behalf the business is carried on by the guardian, or (b) is a trustee who carries on the business under a trust for a beneficiary, then, if the guardianship or trust is terminated, the ward or, as the case may be, the beneficiary shall be liable to pay the tax (including any penalty) due from the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] upto the time of termination of the guardianship or trust, whether such tax (including any penalty) has been assessed before the termination of the guardianship or trust, but has remained unpaid, or is assessed thereafter. (6) Where a hotelier or proprietor, liable to pay the tax under this Act is succeeded in the business by any person in the manner described in clause (a) of sub-section (1) or in sub-section (4), then such person, unless he already holds a certificate of registration, shall, within 30 days thereof, apply for registration. ### 9. Registration of hotelier or proprietors. - [(1) No [hotelier or proprietor as the case may be] [Sub-section (1) and (2) substituted by the Amendment Act 22 of 2001.] or stockist liable to pay the tax under section 5 [\ \* \] [The words ' or under section 5A' omitted by the Amendment Act 19 of 2006.] or under section 5B or under sub-section (6) of section 8 shall provide accommodation or other luxuries by way of business, unless he possesses a valid certificate of registration as provided by this Act: Provided that, it shall be lawful for the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] or proprietor [\ \* \] [The words 'or stockist 'omitted by the Amendment Act 19 of 2009.] to provide or continue to provide accommodation or other luxuries by way of business, if he has applied for registration within the time provided under sub-section (2) . (2) Every [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] or stockist required to possess a certificate of registration shall apply in the prescribed form on payment of fees specified in Schedule II appended hereto, to the Commissioner within 30 days from the date on which he first becomes liable to pay the tax.] [Inserted by the Amendment Act 21 of 2000.] (3) If the Commissioner, after such inquiry as he deems fit, is satisfied that an application for registration is in order, he shall register the applicant and issue to him a certificate of registration in the prescribed form. (4) The Commissioner may, after considering any information furnished or otherwise called for or received under any provisions of this Act, amend from time to time the certificate of registration. (5) Where a registered [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] discontinues, transfers or otherwise disposes of his activity of providing accommodation by way of business or where he ceases to be liable to pay the tax and he applies in the prescribed form to the Commissioner, then the Commissioner shall, after making such inquiry as may be necessary, cancel the certificate of registration with effect from such date as he may fix in accordance with the rules. (6) Where the Commissioner is satisfied that any registered [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] has discontinued, transferred or otherwise disposed of the activity of providing accommodation by way of business and has failed to apply under sub-section (5) for cancellation of certificate of registration, the Commissioner may, after giving the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] a reasonable opportunity of being heard, cancel the certificate of registration with effect from such date as he may fix to be the date from which the said activity has been discontinued, transferred or otherwise disposed of: Provided that, the cancellation of certificate of registration on an application of the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] or otherwise shall not affect the liability of the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] to pay the tax (including any penalty) due for any period upto the date of cancellation whether such tax (including any penalty), is assessed before or after the date of cancellation. ### 9A. [ Renewal of Registration Certificate. [Section inserted by the Amendment Act 22 of 2001.] - [(1) ] Every [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] or stockist liable for registration under this Act, shall have to get his registration certificate renewed every year [in the month of September/October] [Inserted by the Amendment Act 19 of 2006.] on payment of [fee] [Substituted by the Amendment Act 19 of 2009.] specified in Schedule II appended hereto] (2) [ The Government may, by notification in the Official Gazette, amend any entry in Schedule II and the provisions of sub-section (7) of section 5 of this Act shall, mutatis mutandis, apply for amending said Schedule.] [Inserted by the Amendment Act 19 of 2009.] ### 10. Non-transferability of registration certificate. - Save as otherwise provided in section 12, a certificate of registration shall be personal to the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] to whom it is granted and shall not be transferable. ### 11. Information to be furnished regarding changes in business, etc. (1) If a [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] liable to pay tax under this Act, - (a) sells or otherwise disposes of his business or any part thereof, or effects or makes any other change to his knowledge in the ownership of the business; or (b) discontinues his business, or changes the place thereof or opens a new place of business; or (c) changes the name or nature of his business; or (d) enters into a partnership or other association in regard to his business, he shall within the prescribed time, inform the prescribed authority accordingly. (2) Where any such [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] dies, his executor, administrator or other legal representative or where any such [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] is a firm and there is a change in the constitution of the firm or the firm is dissolved, every person who was a partner thereof, shall, in like manner, inform the said authority of such death, change in the constitution or, as the case may be, dissolution. ### 12. Certificate of registration to continue in certain circumstances. - Where a registered [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] - (a) effects change in the name of his business; or (b) is a firm, and there is a change in the constitution of the firm without dissolution thereof or;- (c) is a trustee of a trust, and there is change in the trustees thereof; or (d) is a guardian of a ward and there is change in the guardian, then merely by reason of any of the circumstances aforesaid, it shall not be necessary for the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] , or the firm with the changed constitution, or the new trustees, or new guardian, to apply for a fresh certificate of registration and on information being furnished in the manner required by section 11 the certificate of registration shall be amended. ### 13. [Payment of Tax and filling of returns] [Title substituted by the Amendment Act 19 of 2009.] . (1) Tax payable under this Act shall be paid in the manner hereinafter provided and at such intervals as may be prescribed. (2) Such hoteliers or proprietors as may be required so to do by the Commissioner by notice served in the prescribed manner and every registered [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] shall furnish such returns of the total turnover of the period to which such returns relate, in such manner, by such date and to such authority as may be prescribed. (3) Before any registered [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] furnishes the returns required by sub-section (2) , he shall pay into a Government treasury or the State Bank of India or in such other manner as may be prescribed the full amount of tax due from him under this Act according to such returns, and shall furnish along with the returns a receipt from such Treasury or Bank showing the payment of such amount. (4) [ If any [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 9 of 2000.] , having furnished returns under sub-section (2) , discovers any omission or incorrect statement, he may furnish a revised return before the expiry of three months next following the last date prescribed for furnishing the original return and if the revised return shows a greater amount of tax to be due than was shown in the original return, it shall be accompanied by a receipt showing the payment in the manner provided in sub-section (3) of the extra amount: Provided that no such revised return shall be considered as such and it shall not be taken into consideration, if the assessing authority is satisfied that the return originally furnished was with the intention to delay the payment of tax due in time, or with intent to defraud the State Government of its revenue.] (4A) [ Any tax assessed or any other amount due under this Act from a [hotelier or proprietor as the case may be] [Sub-section 4A , 4B and 4 C was inserted by the Amendment Act 8 of 1995. However by the Amendment Act 9 of 2000 sub-section 4A and 4B wad omitted and sub-clause 4C was re-numbered as 4A.] or any other person may, without prejudice to any other mode of collection , be recovered- (a) as if it were an arrears of land revenue; or (b) by attachment and sale or by sale without attachment of any property of such [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] or any other person by the officer appointed under sub-section (2) of section 3 , in accordance with such rules as may be prescribed] (5) With a view to encourage prompt payment of tax, the State Government may prescribe rates of remissions or rebate in respect thereof in accordance with such principles as may be prescribed. (6) (a) The [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] shall pay the amount of tax assessed or reassessed for any period under section 14 or section 16 of this Act less any sum already paid by him in respect of such period; and (b) the amount of penalty, if any, levied under this Act shall be paid by the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] or by the person liable therefor into the appropriate Government Treasury by such date as may be specified in a notice or order issued under this Act, being a date not earlier than sixty days from the date of service of the notice or order: [Provided further that, the Commissioner or any person appointed to assist him under [sub-section (2) or (2A) ] [Substituted by the Amendment Act 8 of 1005.] of section 3, may, in respect of any particular hotelier or proprietor or person, and for reasons to be recorded in writing and on payment of interest at such rate as may be specified in the order, extend the date of such payment, or allow him to pay the tax due or penalty or interest levied, if any, or both by instalments.] (7) [(a) When a [hotelier or proprietor as the case may be] [Substituted in place of clauses (a) and (b) by the Amendment Act 8 of 1995.] is in default in making payment of the tax assessed or re-assessed or of penalty imposed or interest levied, there shall be paid by such [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] for the period commencing from the date of expiry of the date specified in the notice for payment and ending on the date of payment of the amount, simple interest at the rate of 24% per annum of the amount not so paid. (b) Notwithstanding anything contained in clause (a), the Commissioner may, subject to such conditions as may be prescribed, remit the whole or any part of the interest payable in respect of any period by any person or class of persons. (c) Any amount of tax or penalty or interest which remains unpaid after the date specified in the notice for payment, or in the order of imposition of penalty, or after the extended date of payment and any instalments not duly paid, shall be recoverable as arrears of land revenue.] (8) The State Government may, by general or special order published in the Official Gazette, authorise any officer not below the rank of a Luxury Tax Officer, to exercise, for the purpose of effecting recovery of the amount of tax or penalty due from any [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] or person under this Act the powers of a Collector under the Goa, Daman and Diu Land Revenue Code, 1968 (Act 9 of 1969) to recover the dues as arrears of land revenue. ### 14. Assessment of Tax. (1) The amount of tax due from a [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] liable to pay tax shall be assessed separately for each year during which he is so liable: Provided that, the Commissioner may, subject to such conditions as may be prescribed, assess the tax due from any [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] during a part of a year. (2) If the Commissioner is satisfied that the returns furnished by a registered [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] in respect of any period are correct and complete, he shall assess the amount of tax due from the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] on the basis of such returns. (3) If the Commissioner is not satisfied that the returns furnished by a registered [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] in respect of any period are correct and complete, and he thinks it necessary to require the presence of the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] or the production of further evidence, he shall serve on such [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] a notice requiring him on a date and at a place specified thereon, either to attend and produce or cause to be produced all evidence on which such [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] relies in support of his returns, or to produce such evidence as is specified in the notice. On the date specified in the notice, or as soon as may be thereafter, the Commissioner shall, after considering all the evidence which may be produced, assess the amount of tax due from the hotelier or proprietor. (4) If a registered [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] fails to comply with the terms of any notice issued under sub-section (3) , the Commissioner shall assess, to the best of his judgement, the amount of tax due from him. (5) Where all the returns are filed by a registered [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] for any year ending on or after the appointed day by the prescribed dates, or on or before the date prescribed for filing the last return of that year, no order of assessment under sub-section (3) or sub-section (4) in respect of that year shall be made after the expiry of four years from the end of the said year, and if for any reason such order is not made within the period aforesaid, then the returns so filed shall be deemed to have been accepted as correct and complete for assessing the tax due from such [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] Explanation. - In the case of returns filed by a registered [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] referred to in sub-clause (ii) of clause (q) of section 2, the period of four years shall be computed from the end of the financial year in which the year, by reference to which the accounts of that [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] are maintained in his books, ends: Provided that, where such assessment is made in consequence of or to give effect to any order of an appellate or revisional authority or of a Court, the period of four years or six years, as the case may be, shall be reckoned from the date of such order: Provided further that, in computing the period of limitation laid down in the above sub-section any period during which assessment proceedings are stayed by an order or injunction of any Court or authority shall be excluded. (6) If a registered [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] does not furnish return in respect of any period by the prescribed date, the Commissioner shall, at any time within four years from the end of the year in which such period occurs, after giving the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] a reasonable opportunity of being heard, proceed to assess, to the best of his judgement, the amount of tax (if any) due from him. (7) If the Commissioner has reason to believe that a [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] is liable to pay tax in respect of any period, but has failed to apply for registration or failed to apply for registration within time as required by section 9, the Commissioner shall, at any time, within six years from the end of the year in which such period occurs, after giving the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] a reasonable opportunity of being heard, proceed to assess, to the best of his judgement, the amount of tax (if any) due from the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] in respect of that period, and any period or periods subsequent thereto. (8) Notwithstanding anything contained in the foregoing provisions of this section, where the Commissioner is not satisfied about the correctness or the completeness of the accounts of a hotelier or proprietor, or where no method of accounting has been regularly employed by a hotelier or proprietor, the Commissioner may, after giving the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] a reasonable opportunity of being heard, assess to the best of his judgement, the amount of tax (if any) due from him. (9) Any assessment made under this section shall be without prejudice to any penalty, or prosecution for an offence, under this Act. ### 15. Applicability of provisions of this Act to the person liable to pay tax under section 8. - Where in respect of any tax (including any penalty and interest) due from [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] under this Act, any other person is liable for payment thereof under section 8, then such other person shall be deemed to be a [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] for the purpose of this Act, and all the relevant provisions of this Act shall in respect of such liability apply to such person also, as if he were the hotelier or proprietor. ### 16. Re-assessment of turnover escaping assessment, under-assessed, etc. (1) If a [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] has been assessed under section 14 for any year or part thereof and where for any reason the whole or any part of the turnover of receipts in respect of that year or part thereof has escaped assessment, or has been under-assessed or assessed at a lower rate, or any deduction has been wrongly made, then the Commissioner may, at any time within five years of the end of that year, after giving the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] a reasonable opportunity of being heard, proceed to assess or re-assess, to the best of his judgement, the amount of tax due from such hotelier or proprietor: Provided that, the amount of tax shall be assessed at the rates at which it would have been assessed had there been no under-assessment or escapements: Provided further that, where in respect of such turnover of receipts an order has already been passed in appeal or revision under this Act, the Commissioner shall make a report to the appropriate appellate or revising authority under this Act, which shall thereupon after giving the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] concerned a reasonable opportunity of being heard, pass such order as it deems fit. (2) Nothing in sub-section (1) shall apply to any proceeding (including any notice issued) under section 33 or section 36. (3) Nothing in section 33 or section 36 shall affect any proceeding under this section. ### 17. Imposition of penalty. (1) If, while assessing or re-assessing the amount of tax due from a [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] under any provisions of this Act or while passing any order in any appeal, revision or rectification proceedings, it appears to the Commissioner that such [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] has- (a) failed to apply for registration as required by section 9 or has carried on business, without being registered, in contravention of section 9; or (b) failed, without reasonable cause, to comply with any notice in respect of the proceeding under sections 14, 16, or 27 or 33; or (c) failed to disclose any transaction of receipt or has failed to furnish return by the prescribed date or has failed to show in the return the appropriate liability to pay tax or has failed to disclose fully and truly all material facts necessary for the proper and correct quantification of the tax liability, [or] [Added by the Amendment Act 19 of 2009.] (d) [ failed to apply for renewal of registration as required by sub-section (1) of section 9A as so re-numbered, or has carried on business without renewing his registration in contravention of sub-section (1) of section 9 of this Act;] [Inserted by the Amendment Act 19 of 2009.] then the Commissioner may after giving the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] an opportunity of being heard, by order in writing impose upon the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] by way of penalty, in addition to any tax assessed or reassessed or found due in the appeal or revision or rectification proceedings, as the case may be, a sum not exceeding one-and-a-half times the amount of tax so assessed or re-assessed or found due in the appeal or revision or rectification proceedings. ### 18. Imposition of penalty for contravening certain provisions. (1) If any person- (a) (i) not being a [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] liable to pay tax under this Act collects any sum by way of tax; or (ii) being a registered [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] , collects any amount by way of tax in excess of the tax payable by him; or (iii) otherwise collects tax in contravention of the provisions of section 24; or (b) [ being a [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 8 of 1995.] liable to pay tax under this Act, or being a [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] who was required so to do by the Commissioner by a notice, served on him, fails in contravention of sub-section (1) of section 26 to keep a true account of his turnover of receipts or fails when directed so to do under that section to keep any account or record in accordance with direction, he shall be liable to pay, in addition to any tax for which he may be liable, a penalty of an amount as follows:- (i) Where there has been contravention referred to in sub-clauses (i) and (iii) of clause (a), a penalty of an amount not exceeding two thousand rupees or double the sum collected by way of tax, whichever is less. (ii) Where there has been a contravention referred to in sub-clause (ii) of clause (a) or in clause (b), a penalty of an amount not exceeding two thousand rupees and in addition, any sum collected by the person by way of tax in contravention of section 24 shall be forfeited to the State Government.] (2) If the Commissioner, in the course of any proceeding under this Act or otherwise, has reason to believe that any person has become liable to a penalty or forfeiture or both penalty and forfeiture of any sum under sub-section (1), he shall serve on such person a notice in the prescribed manner requiring him on a date and at a place specified in the notice to attend and show cause why a penalty or forfeiture or both penalty and forfeiture of any sum as provided in sub-section (1) should not be imposed on him. (3) The Commissioner shall thereupon hold an inquiry and shall make such order as he thinks fit. (4) No prosecution for an offence under this Act shall be instituted in respect of the same facts on which a penalty has been imposed under this section. (5) When any order of forfeiture is made, the Commissioner shall publish or cause to be published a notice thereof for the information of the persons concerned giving such details and in such manner as may be prescribed. ### 19. Rounding of tax, etc. - The amount of tax, penalty, interest, composition money, fine or any other sum payable under the provisions of this Act, shall be rounded off to the nearest rupee and, for this purpose, where such amount contains a part of a rupee consisting of paise, then, if such part is fifty paise or more, it shall be increased to one rupee, and if such part is less than fifty paise, it shall be ignored: Provided that, nothing in this section shall apply for the purpose of collection by the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] of any amount by way of tax under this Act. ### 20. [ Charge on the property of defaulter and levy of interest for delayed payment of tax. [Section 20 of the principal Act re-number as 20-A and new section 20 inserted by the Amendment Act 9 of 2000.] (1) If a [hotelier or proprietor as the case may be] or person does not pay the tax within the time he is required by or under the provisions of this Act and the rules made thereunder to pay it, then- (i) the whole of the amount outstanding on the date of default shall become immediately due and shall be charge on the properties of the person or persons liable to pay the tax under this Act; and (ii) the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] or the person shall be liable to pay by way of simple interest, in addition to the amount of such tax, sum equal to,- (a) one and half percent of the amount of such tax for each month, for the first three months after the last date by which he should have paid such tax; (b) two percent of such amount for each month subsequent to the first three months as aforesaid. Explanation. - for the purpose of clause (ii) above, the interest payable for a part of the month shall be worked out proportionately. (2) If any tax, other than the tax on which interest is levia under sub-section (1), has remained unpaid on the date prescribed for filing the last return in respect of any period of assessment, then the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] or the person shall be liable to pay by way of simple interest, a sub equal to two percent on such tax for each month or part thereof on the expiry of 30 days for the date immediately following the date on which the period for which the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] or person has been assessed expires, till the date of order of assessment and where any payment of such unpaid tax, whether in full or in part, is made on or before the date of order of assessment, the amount of such interest shall be calculated by taking into consideration the amount of and the date of such payment. If, as a result of any order passed under this Act, the amount of tax which had so remained unpaid is enhanced or reduced as the case may be, the interest shall be enhanced or reduced, accordingly. (3) Notwithstanding anything contained in sub-section (1), the Commissioner may, subject to such conditions as may be prescribed, remit the whole or any part of the interest payable in respect of any period by any hotelier or proprietor person or class or persons.] ### 20A. Special mode of recovery. (1) Notwithstanding anything contained in any law or contract to the contrary, the Commissioner may, at any time, or from time to time, by notice in writing, a copy of which shall be forwarded to the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] at his last address known to the Commissioner, require,- (a) any person from whom any amount of money is due or may become due to a hotelier or proprietor who has failed to pay the amount of tax due or penalty imposed under this Act, or (b) any person who holds or may subsequently hold money for or on account of such hotelier or proprietor, to pay to the Commissioner, either forthwith upon the money becoming due or being held or at or within the time specified in the notice (but not before the money becomes due or is held as aforesaid), so much of the money as is sufficient to pay the amount due by the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] in respect of the arrears of tax and penalty, or both, or the whole of the money when it is equal to or less than that amount. Explanation. - For the purpose of this section, the amount of money due to a hotelier or proprietor from, or money held for or on account of a [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] by any person, shall be calculated after deducting therefrom such claims, if any, lawfully subsisting as may have fallen due for payment by such [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] to such person. (2) The Commissioner may at any time, amend or revoke any such notice, or extend the time for making any payment in pursuance of such notice. (3) Any person making any payment in compliance with a notice under this section shall be deemed to have made the payment under the authority of the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] , and the receipt of the Commissioner shall constitute a good and sufficient discharge of the liability of such person, to the extent of the amount referred to in the receipt. (4) Any person discharging any liability to the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] after receipt of the notice referred to in this section shall be personally liable to the Commissioner to the extent of the liability discharged, or to the extent of the liability of the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] for tax and penalty, whichever is less. (5) Where a person to whom a notice under this section is sent objects to it, by a statement in writing that the sum demanded or any part thereof is not due or payable to the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] or that the amount held for or on account of the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] is under genuine dispute, the Commissioner shall hold an enquiry and after giving a reasonable opportunity of being heard to such person and the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] , shall make such order as he thinks fit. (6) Any amount of money which a person is required to pay to the Commissioner or for which he is personally liable to the Commissioner under this section shall, if it remains unpaid, be recoverable as an arrear of land revenue. ### 21. Exemption. (1) Subject to such conditions as it may impose, the State Government may, if it deems necessary so to do in the public interest, by notification in the Official Gazette, exempt any specified class of luxuries provided in a hotel from payment of the whole or any part of tax payable under the provisions of this Act and such exemption shall take effect from the date of the publication of the notification in the Official Gazette or such other date as may be mentioned therein. (2) Where a [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] or person has availed of such exemption and any of the conditions subject to which such exemption was granted are not complied with, for any reason whatsoever, then such [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] or person shall be liable to pay luxury tax on the luxury provided in a hotel, in accordance with the other provisions of this Act. (3) If the Commissioner has reason to believe that any person is liable to pay tax under sub-section (2), the Commissioner shall, after giving him a reasonable opportunity of being heard, assess the amount of tax so due. ### 22. Refund. - [(1) The Commissioner shall, in the prescribed manner, refund to a person the amount of tax, penalty and interest paid by such person in excess of the amount due from him under the Act or unduly paid by him. The refund may be either by cash payment or at the option of the person, by deduction of such excess from the amount of tax, penalty and interest due in respect of any other period: Provided that, the Commissioner shall first apply such excess towards the recovery of any amount due in respect of which a notice under sub-section (6) of section 13 has been issued, and shall then refund the balance (if any).] [Substituted by the Amendment Act 19 of 2006.] (2) Where any refund is due to any [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] according to the return furnished by him for any period, such refund may provisionally be adjusted by him against the tax due and payable as per the returns furnished under section 13 for any period: Provided that, the amount of tax or penalty or interest or all of them due from, and payable by, the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] on the date of such adjustment shall first be deducted from such refund before making adjustment. ### 23. Power to withhold refund in certain cases. - Where an order giving rise to a refund is the subject-matter of an appeal or further proceeding or where any other proceeding under this Act is pending, and the authority competent to grant such refund is of the opinion that the grant of the refund is likely to adversely affect the revenue, such authority may, with the previous approval of the Commissioner, withhold the refund till such time as the Commissioner may determine. ### 24. Prohibition against collection of tax in certain matters. (1) No person shall collect any sum by way of tax in respect of his business to the extent that he is not liable to pay it under this Act. (2) No person, who is not a registered [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] and liable to pay tax in respect of luxury provided in any hotel, shall collect any sum by way of tax from any other person and no registered [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] shall collect any amount by way of tax in excess of the amount of tax payable by him under the provision of this Act: Provided that, this sub-section shall not apply where a person is required to collect such amount of the tax separately in order to comply with the conditions and restrictions imposed on him under the provisions of any law for the time being in force. ### 25. Bill or cash Memorandum to be issued to customer. - A registered [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] shall issue to the customer or customers a bill or cash memorandum serially numbered, signed and dated by him or his servant, manager or agent and showing therein such other particulars as may be prescribed. He shall keep a counterfoil or duplicate of such bill or cash memorandum duly signed and dated, and preserve it until the assessment for the relevant period is duly completed in accordance with the provisions of section 14 of the Act and for a further period of five years thereafter. ### 26. Accounts. - [(1) Every [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] liable to pay tax under this Act, and every [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] who is required so to do by the Commissioner by notice served on him in the prescribed manner, shall keep a true account of the luxury provided by him in the hotel or for accommodation provided for commercial purposes or for accommodation with luxuries provided for other purposes. ] (2) If the Commissioner considers that the accounts kept are not sufficiently clear or intelligible to enable him to determine whether or not a [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] is liable to tax during any period, or are so kept as not to enable a proper scrutiny of the returns or the statement furnished, the Commissioner may require such [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] by notice in writing to keep such accounts in such form or manner as in his opinion is necessary for the purpose of proper assessment and as he may, subject to anything that may be prescribed in that behalf, in writing direct. (3) The Commissioner may, subject to such conditions or restrictions as may be prescribed in this behalf, by notice in writing direct any [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] , or by notification in the Official Gazette, direct any class of hotelier or proprietors to maintain accounts and records showing such particulars regarding their business in such form, and in such manner, as may be specified by him. (4) Every registered [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] shall ordinarily keep all his accounts, registers and documents relating to his business at the place or places of business specified in his certificate of registration or, with the previous approval of the Commissioner at such other place as may be approved by the Commissioner. ### 27. Production and inspection of accounts and documents and search of premises. (1) The Commissioner may, subject to such conditions as may be prescribed, require any [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] to produce before him any Accounts or documents, or to furnish any information, relating to his business, or any other information as may be necessary for the purpose of this Act. (2) All accounts, registers and documents relating to the business of any [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] and cash kept in any place of business of any hotelier or proprietor, shall at all reasonable time be open to inspection by the Commissioner, and the Commissioner or any person authorised by him may take or cause to be taken such copies or extracts of the said accounts, registers or documents and such inventory of cash found as appear to him necessary for the purposes of this Act. (3) If the Commissioner has reason to believe that any [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] has evaded or is attempting to evade the payment of any tax due from him, he may, for reasons to be recorded in writing, seize such accounts, registers or documents of the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] as may be necessary, and shall grant a receipt for the same, and shall retain the same for so long as may be necessary in connection with any proceeding under this Act or for a prosecution. (4) For the purpose of sub-section (2) or sub-section (3), the Commissioner may enter and search any place of business of any [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] , or any other place where the Commissioner has reasons to believe that the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] keeps or is for the time being keeping any account, registers of documents of is business. (5) Where any books of accounts, other documents or money are found in the possession or control of any person in the course of search, it shall be presumed, unless the contrary is proved, that such books of accounts, other documents or money belong to such person. ### 28. [Hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] to declare the name of owner of business. - Every hotelier or proprietor, who is liable to pay tax, and who is a Hindu undivided family, or an association or club or society or firm or company, or corporation who carries on business as the guardian or trustee or otherwise on behalf of another person, shall within the period prescribed send to the authority prescribed in the manner prescribed, a declaration stating the name of the person or persons who is the owner or who are the owners of the hotel. Such declaration may be revised from time to time. ### 29. Power to collect statistics. (1) If the State Government considers that for the purposes of the better administration of his Act, it is necessary so to do, it may, by notification in the Official Gazette, direct that statistics be collected relating to any matter dealt with by or under this Act. (2) Upon such direction being made, the State Government or any person or persons authorised by it in this behalf may, by notification in the Official Gazette, and by notice in any newspaper or in such other manner as in its or his opinion is best calculated to bring the notice to the attention of hoteliers or proprietors, call upon all hoteliers or proprietors or any class of hoteliers or proprietors to furnish such information or returns as may be stated therein relating to any matter in respect of which statistics are to be collected. The form in which, the persons to whom or, the authorities to which such information or returns should be furnished, the particulars which they should contain, and the intervals in which such information or returns should be furnished, shall be such as may be prescribed. ### 30. Determination of certain disputed question. (1) If any question arises, otherwise than in proceeding before a Court, or before the Commissioner has commenced assessment or reassessment of a [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] under section 14 or section 16, about the interpretation or the scope of any provisions of this Act, the Commissioner shall make an order determining such question. Explanation. - For the purposes of this sub-section, the Commissioner shall be deemed to have commenced assessment or reassessment of a hotelier or proprietor, when the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] is served with a notice under section 14 or section 16, as the case may be. (2) The Commissioner may direct that the determination shall not affect the liability of any person under this Act, as respects the period prior to the determination. (3) If any such question arises from any order already passed under this Act, no such question shall be entertained for determination under this section, but such question may be raised in appeal against or by way of revision of such order. ### 31. Powers of Commissioner. (1) In discharging his functions by or under this Act, the Commissioner shall have all the powers of a Civil Court for the purpose of- (a) proof of facts by affidavit; (b) summoning and enforcing the attendance of any person, and examining him on oath or affirmation; (c) compelling the production of documents; and (d) issuing commissions for the examination of witnesses. (2) In the case of any affidavit to be made for the purpose of this Act, any officer appointed by the Commissioner may administer the oath to the deponent. (3) Without prejudice to the provisions of any other law for the time being in force, where a person, to whom a summon is issued by the Commissioner either to attend to give evidence or produce books of accounts, registers or other documents at a certain place and time, intentionally omits to attend or produce the documents at the place and time, the Commissioner may impose on him such fine not exceeding five hundred rupees as he thinks fit; and the fine so levied may be recovered in the manner provided in this Act for recovery of arrears of tax: Provided that, before imposing any such fine, the person concerned shall be given a reasonable opportunity of being heard. (4) If any documents are produced by a person on whom a summon was issued by the Commissioner, and the Commissioner has reason to believe that any hotelier or proprietor has evaded or is attempting to evade the payment of any tax due from him and the documents produced are necessary for establishing the case against such hotelier or proprietor, the Commissioner may, for reasons to be recorded in writing, impound the documents and shall grant a receipt for the same, and shall retain the same for so long as may be necessary in connection with the proceedings under this Act, or for a prosecution. ### 32. Bar to certain proceedings. - Save as is provided elsewhere in this Act, no assessment made and no order passed under this Act or the rules made thereunder by the Commissioner or any officer or person subordinate to him shall be called in question in any Court, and save as is provided by section 33 no appeal shall lie against any such assessment or order. ### 33. Appeal, revision and review. (1) Any [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] may in the prescribed manner appeal to the authority as may be prescribed, against any assessment or reassessment within sixty days from the date of communication of the order appealed against: Provided firstly that, the said authority may entertain the appeal after expiry of the said period of sixty days, if he is satisfied that the applicant was prevented by sufficient cause from filing the appeal in time: Provided secondly that, no appeal shall be entertained by the said authority unless he is satisfied that such amount of the tax as the applicant may admit to be due from him has been paid. (2) Subject to such rules of procedure as may be prescribed, the appellate authority, in disposing of any appeal under sub-section (1), may- (a) confirm, reduce, enhance or annul the assessment; or (b) set aside the assessment and direct the assessing authority to make a fresh assessment after such further inquiry as may be directed; or (c) pass such other orders as it may think fit. (3) (a) In the case of an order passed in appeal by the appellate authority under sub-section (2) , a second appeal shall lie to the Tribunal within sixty days of the date of passing of the order. (b) The Tribunal may admit the second appeal referred to after the period of sixty days .referred to in clause (a), if it is satisfied that the appellant had sufficient cause for not preferring the appeal in that period. (4) No appeal under sub-section (3) or sub-section (9) shall be entertained by the Tribunal, and no revision application under sub-section (6) shall be entertained by the Commissioner, unless such appeal or revision application, as the case may be, is accompanied by satisfactory proof of the payment of tax or penalty or both that may be due: Provided that, the Tribunal or the Commissioner, as the case may be, if it or he thinks fit, for reasons to be recorded in writing, entertain any appeal or revision against any such order without making the payment as aforesaid, if the appellant or, as the case may be, the applicant furnishes such security for such amount as it or he may direct. (5) In disposing of an appeal, the Tribunal shall, have the same powers as that of the appellate authority under sub-section (2). (6) Subject to such rules as may be prescribed and for reasons to be recorded in writing, the Commissioner upon application or of his own motion may revise any assessment made or order passed under this Act or the rules made thereunder by a person appointed under section 3 to assist him: Provided that, before rejecting any application for the revision of any such order, the Commissioner shall consider it and shall record reasons for such rejection: Provided further that, no application for revision shall lie to the Commissioner in respect of any assessment if an appeal lies under sub-section (1) to the prescribed authority in respect of such assessment. (7) The [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] may, at his option file a second appeal under sub-section (3) , or make an application for revision to the Commissioner under sub-section (6), and where the [hotelier or proprietor as the case may be] [Substituted by the Amendment Act 19 of 2009.] has exercised such option, he shall be precluded from filing an application for revision under sub-section (6) , or, as the Case may be, from filing a second appeal under sub-section (3). (8) In dispensing of the revision, the Commissioner shall have the same powers as those of the appellate authority under sub-section (2). (9) Where an order is passed by the Commissioner of his own motion under sub-section (6), an appeal shall lie to the Tribunal from that order within sixty days and an appeal filed after that period may be admitted if the Tribunal is satisfied that the appellant had sufficient cause for not filing the appeal within that period. (10) Subject to such rules as may be prescribed, any assessment made or order passed under this Act or rules made thereunder by any person appointed under section 3 or by the Tribunal constituted under section 4 may be reviewed by the person or the Tribunal passing it, as the case may be, upon an application or of his or its own motion, as the case may be. (11) Before any order is passed under this section which is likely to affect any person adversely, such person shall be given reasonable opportunity of being heard. Explanation. - In this section "assessment" includes imposition of penalty. ### 34. Non-appealable orders. - No appeal shall lie against,- (i) a notice issued under this Act calling upon a hotelier or proprietor for assessment or asking a hotelier or proprietor to show cause as to why he should not be prosecuted for an offence under this Act or notices issued under any of the provisions of section 20 of this Act, or (ii) an order pertaining to the seizure or retention of accounts books, registers and other documents; or (iii) an order sanctioning a prosecution under this Act; or (iv) an order transferring any proceeding under section 42. ### 35. Application of sections 4, 5 and 12 of Limitation Act. - In computing the period laid down under section 33, the provisions of sections 4, 5 and 12 of the Limitation Act, 1963 (Central Act 36 of 1963) shall, so far as may be, apply. ### 36. Rectification of mistakes. (1) The Commissioner at any time within two years from the date of any order passed by him, on his own motion, rectify any mistake apparent from the record, and shall within a like period rectify any such mistake which has been brought to his notice by any person affected by such order: Provided that, no such rectification shall be made if it has the effect of enhancing the tax unless the Commissioner has given notice in writing to such person of his intention to do so and has allowed such person a reasonable opportunity of being heard. (2) The provisions of sub-section (1) shall apply to the. rectification of a mistake by an appellate authority under section 33 as they apply to the rectification of a mistake by the Commissioner. (3) Where any such rectification has the effect of reducing the amount of the tax or interest or penalty or the amount of forfeiture, the Commissioner shall, in the prescribed manner, refund any amount due to such person. (4) Where any such rectification has the effect of enhancing the amount of the tax or interest or penalty or the amount of forfeiture, the Commissioner shall recover the amount due from such person in the manner provided for in section 33. ### 37. Offences and penalties. (1) Whoever, knowingly furnishes a false return shall, on conviction, be punished- (i) in case where the amount of tax, which could have been evaded if the false return had been accepted as true, exceeds Rs. 10,000 with rigorous imprisonment for a term which shall not be less than six months but which may extend to three years and with fine; (ii) in any other case, with rigorous imprisonment for a term, which shall not be less than three months but which may extend to one year and with fine. (2) Whoever knowingly keeps false account of the receipts in contravention of section 26, shall, on conviction, be punished with rigorous imprisonment for a term which shall not be less than three months but which may extend to one year and with fine. (3) Whoever- (i) wilfully attempts, in any manner whatsoever, to evade any tax leviable under this Act; or (ii) wilfully attempts, in any manner whatsoever, to evade any payment of any tax or penalty or interest under this Act, shall, on conviction, be punished- (a) in case where the amount involved exceeds Rs. 50,000 during the period of a year, with rigorous imprisonment for a term which shall not be less than six months but which may extend to three years and with fine; (b) in any other case, with rigorous imprisonment for a term which shall not be less than three months but which may extend to one year and with fine. (4) Whoever aids or abets any person in commission of any act specified in sub-sections (1) to (3), shall on conviction be punished with rigorous imprisonment which shall not be less than three months but which may extend to one year and with fine. (5) Whoever- (a) carries on business without being registered in wilful contravention of section 9; or (aa) [ carries on the business without his registration certificate being renewed in wilful contravention of section 9A.] [Inserted by the Amendment Act 22 of 2001.] (b) fails, without sufficient cause, to furnish any information required by section 11; or (c) fails, without sufficient cause, to furnish any return as required by section 13 by the date and in the manner prescribed; or (d) contravenes, without reasonable cause, any of the provisions of section 24; or (e) fails, without sufficient cause, to issue a bill or cash memorandum as required under section 25; or (f) fails, without sufficient cause, when directed under section 26 to keep any accounts or record, in accordance with such direction; or (g) fails, without sufficient cause, to comply with any requirements made of him under section 27; or (h) voluntarily obstructs any officer making inspection or search or seizure under section 27, shall on conviction, be punished with imprisonment for a term which may extend to one year and with fine. (6) Whoever commits any of the acts specified in sub-sections (1) to (5) and the offence is a continuing one under any of the provisions of these sub-sections, shall, on conviction, be punished with a daily fine of not less than rupees one hundred during the period of the continuance of the offence, in addition to the punishments provided under this section. (7) Notwithstanding anything contained in sub-sections (1) to (6), no person shall be proceeded against under these sub-sections for the acts referred to therein, if the total amount of tax evaded or attempted to be evaded is less than Rs. 200/- during the period of a year. (8) Whoever, when required to furnish any information or return under section 29,- (a) wilfully refuses or without lawful excuse neglects to furnish such information or return; or (b) wilfully furnishes or causes to be furnished any information or return which he knows to be false, shall, on conviction be punished with the fine which may extend to one hundred rupees and in case of a continuing offence to a further fine which may extend to ten rupees for each day after the first offence during which the offence continues. (9) Whoever, when engaged in connection with the collection of statistics under section 29, wilfully discloses any information or the contents of any return given or made under that section, otherwise than in execution of his duties under that section or for the purposes of the prosecution of an offence under this Act or under the Indian Penal Code (Central Act 45 of 1860), shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both. (10) Save as provided in sub-section (2) of section 38 if any servant of the Government discloses any of the particulars referred to in sub-section (1) of that section, he shall, on conviction, be punished with imprisonment which may extend to six months or with fine or with both. (11) No prosecution for an offence under this Act shall be instituted in respect of the same facts on which a penalty has been imposed by the Commissioner under any provisions of this Act. ### 38. Returns, etc. to be confidential. (1) All particulars contained in any statement made, return furnished or accounts or documents produced in accordance with this Act or in any record of evidence given in the course of any proceedings under this Act other than proceedings before a Criminal Court shall, save as provided in sub-section (3), be treated as confidential, and notwithstanding anything to the contrary contained in any other law relating to evidence, no Court shall, save as aforesaid, be entitled to require any employee of the State Government to produce before it any such statement, return, account, document or record or any part thereof, or to give evidence before it in respect thereof. (2) Save as provided in sub-section (3), if any employee of the State Government discloses any of the particulars referred to in sub-section (1), he shall be punishable with imprisonment which may extend to six months, and shall also be liable to fine. (3) Nothing contained in this section shall apply to the disclosure- (a) of any of the particulars referred to in sub-section (1) for the purpose of an investigation or prosecution under this Act or under the Indian Penal Code (Central Act 45 of 1860) or under any other enactment for the time being in force; or (b) of such facts, to an officer of the Central Government or the Government of any State or Union territory, as may be necessary for verification of such facts or for the purpose of enabling that Government to levy or realise any tax imposed by it. ### 39. Offences by companies. (1) Where an offence under this Act has been committed, by a company every person who at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: 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 exercised all due dilligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary, or other officer of the company, such director, manager, secretary or other officer shall be liable to be proceeded against and punished accordingly. Explanation. - For the purpose of this section.. (a) "company" means a 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. ### 40. Investigation of offences. (1) Subject to such conditions as may be prescribed, the Commissioner may authorise either generally or in respect of a particular case or class of cases any officer or person subordinate to him to investigate all or any of the offences punishable under this Act. (2) Every officer so authorized shall, in the conduct of such investigation exercise the powers conferred by the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), upon an officer in charge of a police station for the investigation of a cognizable offence. ### 41. Compounding of offences. (1) Subject to such conditions as may be prescribed, the Commissioner may accept from any person alleged to have committed an offence under sub-section (1) of section 37 or under any rules made under this Act, either before or after the commencement of any proceeding against such person in respect of such offence, by way of composition for such offence, a sum not exceeding five thousand rupees or where the offence alleged to have been committed is under clause (a) or clause (c) of sub-section (5) of section 37, a sum not exceeding double the amount of the tax which would have been payable by such person had he complied with the provisions of this Act, whichever is greater. (2) On payment in full of such sum as may be determined by the Commissioner under sub-section (1) - (a) no proceedings shall be commenced against such person as aforesaid; and (b) if any proceedings have been already commenced against such person as aforesaid, such proceedings shall not be further proceeded with. ### 42. Power to transfer proceedings. - The Commissioner may after giving the parties a reasonable opportunity of being heard in the matter, wherever it is possible to do so, and after recording his reasons for doing so, by order in writing transfer any proceeding or class of proceedings under any provision of this Act, from himself to any other officer and he may likewise transfer any such proceedings (including a proceeding pending with any officer or already transferred under this section) from any officer to any other officer or to himself: Provided that, nothing in this section shall be deemed to require any such opportunity to be given where the transfer is from any officer to any other officer and the offices of both officers are situated in the same city, locality or place. Explanation. - In this section, the word 'proceedings' in relation to any hotelier or propriet or whose name is specified in any order issued thereunder, means all proceedings under this Act in respect of any year which may be pending on the date of such order or which may have been completed on or before such date, and includes also all proceedings under this Act which may be commenced after the date of such order in respect of any year in relation to such hotelier or proprietor. ### 43. Appearance before any authority in proceedings. (1) Any person, who is entitled or required to attend before any authority in connection with any proceedings under this Act, may attend - (a) by a relative or a person regularly employed by him;. or (b) by legal practitioner, Chartered Accountant or Cost Accountant; or (c) by a tax practitioner. If such relative, person employed, legal practitioner, Chartered Accountant, Cost Accountant or tax practitioner is authorised by such person in the prescribed form, such authorisation may include the authority to act on behalf of such person in such proceedings. ### 44. Indemnity. - No suit, prosecution or other legal proceedings shall lie against any servant of the State Government for anything which is in good faith done or intended to be done under this Act or the rules made thereunder. ### 45. Power to make rules. (1) The State Government may make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for- (i) subordination of officers and persons appointed under section 3 amongst themselves; (ii) the periods within which, the manner in which and the authority to which application for registration shall be made under section 9; (iii) the procedure for, and other matters incidental to the registration of hoteliers or proprietors and the granting of certificates of registration, and the form of such certificates under section 9 and the manner in which application for cancellation of registration shall be made, and the date from which cancellation of registration shall take effect; (iv) the authority to which, and the time within which, information shall be furnished under section 11; (v) the period for which and the dates by which and the authority to which, the returns shall be furnished under section 13 and the terms and conditions for purposes of sub-section (1) of section 14: (vi) the intervals at which, and the manner in which, the tax shall be paid under section 13; (vii) procedure to be followed for assessment under section 14; (viii) the manner in which a notice under sub-section (2) of section 18 may be served, and the details to be mentioned in the notice published under sub-section (5) of section 18; (ix) the other particulars under section 25; (x) the accounts and forms thereof required by the Commissioner to be kept under section 26 and the conditions or restrictions subject to which the accounts and records shall be maintained under section 26; (xi) the conditions subject to which the production of accounts or documents or the furnishing of information may be required under section 27; (xii) the period within which, the authority to which and the manner in which a declaration shall be sent under section 28; (xiii) the form in which, the authority to which and the intervals in which information or returns shall be furnished under section 29 and the particulars to be specified in such information and returns; (xiv) the procedure for, and other matters (including fees) incidental to, appeals and revision under section 33; (xv) the forms of authorisation for the purposes of clauses (a), (b) and (c) of section 43; (xvi) the manner in which, and the time within which the applications shall be made, information furnished and notices served, under this Act; (xvii) the fees payable (in Court-fee stamps) in respect of an application- (a) for a certified copy of an order of assessment, or of any order passed or document produced or filed in any proceedings, under this Act; (b) for determination of any question under section 30; (xviii) the fees payable (in cash) for making and supplying a duplicate or certified copy of any order or document under this Act or the rules made thereunder, the extra fees payable if the copy is required urgently, and the deposit to be made to cover the cost ofs such fees; (xix) any other matter which is required to be or may be prescribed. [\ \* \*] [Sub-section (3) omitted by the Amendment Act 22 of 2001.] ### 46. Power to remove difficulties. - If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provision or give such direction as appears to it to be necessary for removing the difficulty: Provided that, no such order shall be made by the State Government after the expiry of a period of two years from the appointed day. [Schedule I] [Schedule I substituted by the Amendment Act 19 of 2006.] [See sub-section (2) of Section 5] \| \| \| \| \| --- \| --- \| --- \| \| Serial Number \| Turnover of Receipts \| Rate of Tax \| \| (1) \| (2) \| (3) \| \| (a) \| Where the charge for Luxury provided in a hotel is not exceeding Rs. 200/- per day. \| Nil \| \| (b) \| Where the charge for Luxury provided in a hotel is exceeding 200 rupees but does not exceed Rs.1500/- per day. \| 5% \| \| (c ) \| Where the charge for Luxury provided in a hotel is exceeding Rs. 1500/- but does not exceed Rs.3000/- per day. \| 8% \| \| (d) \| Where the charge for Luxury provided in a hotel is exceeding Rs. 3000/- per day. \| 10% \| Note. - Where the luxuries provided in a hotel are under Time Share Agreement or under Package Deal Agreement or under any such system and wherein the facility of availing residential accommodation during the given period in a year is allowed upon a lumpsum payment, then tax shall be paid at the rate provided for at clause (b) above i.e. @ 5%, with a deemed room receipt of Rs. 1000/- per day per room. [Schedule II] [Schedule II substituted by the Amendment Act 19 of 2009.] [See Section 9(2) and 9A ] \| \| \| \| \| --- \| --- \| --- \| \| Serial No. \| Category of business \| Amount of registration fees/ renewal fees \| \| 1 \| 2 \| 3 \| \| Hotelier \| \| (1) \| For hotels having upto 25 rooms including rent back accommodation, tourist home and any other accommodation required to be covered under the Goa Registration of Tourist Trade Act, 1982 (Act 10 of 1982). \| Rs. 1000/- \| \| (2) \| For hotels having rooms in excess of 25 but upto 50 including rent back accommodation, tourist home and any other accommodation required to be covered under the Goa Registration of Tourist Trade Act, 1982 (Act 10 of 1982). \| Rs. 2500/- \| \| (3) \| For hotels having rooms in excess of 50 but upto 100 including rent back accommodation, tourist home and any other accommodation required to be covered under the Goa Registration of Tourist Trade Act, 1982 (Act 10 of 1982). \| Rs. 5000/- \| \| (4) \| For hotels having rooms in excess of 100 but upto 200 including rent back accommodation, tourist home and any other accommodation required to be covered under the Goa Registration of Tourist Trade Act, 1982 (Act 10 of 1982). \| Rs. 10,000/- \| \| (5) \| For hotels having rooms in excess of 200 including rent back accommodation, tourist home and any other accommodation required to be covered under the Goa Registration of Tourist Trade Act, 1982 (Act 10 of 1982). \| Rs. 15,000/- \| \| Proprietor \| \| (1) \| Accommodation provided for commercial purposes. \| Rs. 2000/- \| \| (2) \| Accommodation with luxuries provided for other purposes. \| Rs. 2000/- \| [Schedule III] [Inserted by the Amendment Act 19 of 2009.] (See Section 5B) \| \| \| \| \| --- \| --- \| --- \| \| S. No. \| Turnover of receipts \| Rate of Tax \| \| (1) \| Where proprietor provides accommodation for commercial purposes. \| 10% of the receipt \| \| (2) \| Where proprietor provides accommodation with luxuries for other purpose:- \| \| \| \| (i) Not exceeding Rs. 8000/- per day per event. \| Nil \| \| \| (ii) Exceeding Rs. 8000/- per day per event. \| 10% of the receipt. \| Notifications ### 30. /1/2006-Fin (R&C)(8) . - In exercise of the powers conferred by clause (i) of sub-section (7) of section 5 of the Goa Tax on Luxuries Act, 1988 (Act 17 of 1988 ) (hereinafter referred to as the "said Act"), and all other powers enabling it in this behalf, the Government of Goa hereby amends the entries of the Schedule I appended to the said Act, as follows, namely:- In the Schedule I appended to the said Act,- (i) for items (a) to (d) and entries against them, the following items shall be substituted, namely:- \| \| \| \| \| --- \| --- \| --- \| \| "(a) \| Where the charge for the luxury provided in a hotel is not exceeding Rs. 250/- per room per day. \| Nil \| \| (b) \| Where the charge for the luxury provided in a hotel is exceeding Rs. 250/- but does not exceed Rs. 750/- per room per day. \| 3% \| \| (c) \| Where the charge for the luxury provided in a hotel is exceeding Rs. 750/- but does not exceed Rs. 1500/- per room per day. \| 5% \| \| (d) \| Where the charge for the luxury provided in a hotel is exceeding Rs. 1500/- but does not exceed Rs. 3000/- per room per day. \| 8% \| \| (e) \| Where the charge for the luxury provided in a hotel is exceeding Rs. 3000/- per room per day. \| 10% \| \| (f) \| Where the hotel is a club or any other entity wherein the luxury is provided to its members/guests under time share agreement or any other similar system, and wherein the facility of availing the residential accommodation by such members/guests during the given period in a year is allowed upon lumpsum payment against his/her membership. \| Five paise in a rupee, with a deemed room receipt of Rs. 1500/- per room per day. \| \| (g) \| When any room in a hotel or guest house registered under the Goa, Daman and Diu Registration of Tourist Trade Act, 1982 (Act 10 of 1982) are leased by the hotelier to any company or a person or monthly basis to provide accommodation either as rest house or guest house and the charges for such room exceeds Rs. 250/- per day. \| 5%"; \| (ii) the existing "Note" shall be omitted. This Notification shall come into force with effect from 1st day of April, 2008. ### 30. /1/2006-Fin(R&C)(10) . - In exercise of the powers, conferred by clause (i) of sub-section (7) of section 5 of the Goa Tax on Luxuries Act, 1988 (Act 17 of 1988 ) (hereinafter referred to as the "said Act"), and all other powers enabling it in this behalf, the Government of Goa hereby amends the entries of the Schedule "I" appended to the said Act, as follows, namely:- In Schedule "I" appended to the said Act, for items (a) to (g) and entries against them, the following items and entries shall be substituted, namely:- \| \| \| \| \| --- \| --- \| --- \| \| "(a) \| Where the charge for luxury provided in a hotel is not exceeding Rs. 300/- per room per day. \| NIL \| \| (b) \| Where the charge for luxury provided in a hotel is exceeding Rs. 300/- but does not exceed Rs. 1000/- per room per day. \| 3% \| \| (c) \| Where the charge for luxury provided in a hotel is exceeding Rs. 1000/- but does not exceed Rs. 2500/- per room per day. \| 5% \| \| (d) \| Where the charge for luxury provided in a hotel is exceeding Rs. 2500/- but does not exceed Rs. 5000/- per room per day. \| 8% \| \| (e) \| Where the charge for luxury provided in a hotel is exceeding Rs. 5000/- per room per day. \| 10% \| \| (f) \| Where the hotel is a club or any other entity wherein luxury provided to its members/guests under time share agreement or any other similar system, and wherein the facility of availing residential accommodation by such members/guests during the given period in a year is allowed upon lumpsum payment against his/her membership. \| 5 paise in a rupee, with a deemed room receipt of Rs. 2000/- per room per day. \| \| (g) \| Where any room in a hotel or guest house registered under the Goa, Daman and Diu Registration of Tourist Trade Act, 1982 (Act 10 of 1982) are leased by the hotelier to any company or a person on monthly basis to provide accommodation either as rest house or guest house and the charges for such room exceeds Rs. 300/- per day. \| 5%" \| This Notification shall come into force with effect from 1st day of June, 2009.
65ba8419ab84c7eca86ebda8	acts	Union of India - Act ---------------------- The Indian Tolls (Army and Air Force) Rules, 1942 --------------------------------------------------- UNION OF INDIA India The Indian Tolls (Army and Air Force) Rules, 1942 =================================================== Rule THE-INDIAN-TOLLS-ARMY-AND-AIR-FORCE-RULES-1942 of 1942 ------------------------------------------------------------- * Published on 14 November 1903 * Commenced on 14 November 1903 The Indian Tolls (Army and Air Force) Rules, 1942 ### 13. /612 In exercise of the powers conferred by sub-sections (1) and (2) of section 7 of the Indian Tolls (Army and Air Force) Act, 1901 ( 2 of 1901 ), and in suppression of the rules published with the notification of the Government of India in the late Military Department No. 1904, dated the 14th November, 1903 the Central Government is pleased to make the following rules, the same having been previously published as required by sub-section (3) of the said section, namely : - ### 1. (1) These rules may be called The Indian Tolls (Army and Air Force) Rules, 1942. (2) They extend to the whole of India. ### 2. Save as hereinafter otherwise provided in rule 3, where exemption from the payment of tolls is claimed under the Indian Tolls (Army and Air Force) Act, 1901 ( 2 of 1901 ), in respect of any person or body of persons or any property, a pass, in the Form annexed, shall be presented on the demand of the person authorised to demand the tolls. ### 3. (1) No passes shall be required in the case of - (a) Officers, soldiers and airmen of - (i) the Regular Forces, (ii) any Irregular Corps, or (iii) Armed Forces maintained by Part B States, in uniform when on duty or on the march; (b) members of the Territorial Army or of the National Cadet Corps in uniform when on duty or when proceedings to or returning from duty; (c) officers, soldiers and airmen of the Indian Reserve forces in uniform when proceeding from their place of residence on being called out for service, training or muster or when proceeding back to their place of residence after such service, training or muster; (d ) authorised followers of - (i) the Regular Forces, (ii) the Territorial army or the National Cadet Corps, (iii) Any Irregular Corps, or (iv) Armed Forces maintained by Part B States, when they accompany and body of such Forces or Corps on the march; (e) members of the families of officers, soldiers, airmen or authorised followers of - (i) the Regular Forces, or (ii) any Irregular Corps, when accompanying any body of troops on duty or on the march; (f) prisoners under military or air force escort in uniform; (g) the carriages, horses and baggage, and the persons (if any) employed in driving the carriages or in carrying the baggage, of any persons exempted under any of the foregoing clauses, when such carriages, horses, baggage, or persons accompany the persons so exempted under the circumstances mentioned in those clauses, respectively; (h) carriages and horses belonging to the Government or employed in the Indian military or air force service and all persons in charge of or accompanying the same, when conveying any such persons as herein before in this rule mentioned, or when conveying baggage or stores; (i) animals accompanying any body of troops which are intended to be slaughtered for food or kept for any purpose connected with the provisioning of such troops; and (j) persons in charge of any carriage, horse or animal exempted under any of the foregoing clauses when accompanying the same under the circumstances mentioned in those clauses respectively. (2) No passes shall be required in the case of officers of the Regular Forces, the Territorial Army, the National Cadet Corps or of any Irregular Corps or of any Armed Forces maintained by Part B States, when travelling on duty, though not in uniform: Provided that the officer so travelling shall furnish in writing to the person authorised to demand toll his name, rank and a statement that he is travelling on duty. ### 4. Every pass shall be signed by the Commanding Officer of the regiment, corps, unit, or detachment concerned, or by a station staff officer. Form Of Pass Issued under the Indian Tolls (Army and Air Force), Act, 1901 ( [2 of 1901 )] This pass issued subject to the rules on the reverse in respect of the persons and property specified in the annexed schedule, and exempt from the payment of tolls on the occasion of:- Embarking or being shipped at....................... Disembarking or being landed at..................... proceeding from.............to up to the 20.......... It will remain in force from............................ Schedule ---------- \| \| \| \| \| --- \| --- \| --- \| \| Number \| Name of Corps \| Remarks \| Part I -------- PERSON Officers.............................. Soldiers.............................. Airman................................. Members of the Territorial Army or the National Cadet Corps...... Authorised followers of Forces or Corps................................. Members of families of officers, soldiers, airman or authorized followers.............................. Persons in charge of carriages, horses, slaughter animals or baggage............. Part II --------- PROPERTY Horses as defined in the Act\* Carriages........................... Slaughter animals.................. Baggage.............................. \*"Horse" includes a mule and any beast of whatever description which is used for burden or draught for carrying persons. Section 2, clause(e) . Place................................. Date.................................... (Sd) Commanding Officer or Station Staff Officer -----
65ba0719ab84c7eca86ea80b	acts	State of Andhra Pradesh - Act ------------------------------- Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 ----------------------------------------------------------------------------------------- ANDHRA PRADESH India Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 ========================================================================================= Act 26 of 1948 ---------------- * Published on 1 July 1945 * Commenced on 1 July 1945 Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Act No. 26 of 1948 ) Last Updated 5th June, 2019 An Act to provide for the repeal of the Permanent Settlement, the acquisitions of the rights of landholders in permanently settled and certain other estates in the Andhra area of the State of Andhra Pradesh and the introduction of the ryotwari settlement in such estates. Whereas it is expedient to function provide for the repeal of the Permanent Settlement, the acquisition of the rights of landholders in permanently settled and certain other estates in the Andhra area of the State of Andhra Pradesh and the introduction of the ryotwari settlement in such estates; It is hereby enacted as follows; ### 1. Short title, extent, application and commencement. (1) This Act may be called the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948. (2) It extends to the whole of the Andhra Area of the State of Andhra Pradesh. (3) It applies to all estates as defined in Section 3, clause (2) of the Andhra Pradesh (A.A.) Estates Land Act, 1908 (Act I of 1908). (4) This section and Sections 2,4,5,7,8,9, 58-A, 62, 67 and 68 shall come into force at once; and the rest of this Act shall come into force in regard to any zamindari, undertenure or inam estate, on such date as Government may, by notification, appoint. (5) The Government may, by notification, cancel or modify any notification issued under sub-section (4) in respect of any estate, but the cancellation shall not be deemed to affect the power of the Government under sub-section (4) again to extend the rest of this Act to that estate, and the notification issued under sub-section (4) may be issued so as to have retrospective effect. (6) Save as otherwise provided in this Act where a notification is cancelled under sub-section (5), the rest of that Act shall be deemed never to have applied to the estate concerned, and every proceeding taken thereunder and pending in respect of such estate shall abate. ### 2. Definitions. - In this Act, unless there is anything repugnant in the subject or context (1) all expressions defined in the Estates Land Act shall have the same respective meanings as in that Act with the modifications, if any, made by this Act; (2) "Director" means the Director of Settlements appointed under Section 4; (3) "estate" means a zamindari or an under-tenure or an inam estate; (4) "Estates Land Act" means the Andhra Pradesh (Andhra Area) Estates Land Act, 1908; (5) "Government" means the State Government; (6) "impartible estate" means the estate governed immediately before the notified date, by the Madras Impartible Estates Act, 1904; (7) "inam estate" means an estate within the meaning of Section 3, clause (2) (d), of the A.P. (A.A.) Estates Land Act, 1908 (A.P. Act 1 of 1908). (8) "landholder" includes (i) a joint Hindu family, where the to collect the rents of the whole or any portion of the estate vests in such family; and (ii) a darmila inamdar; (9) "notification" means a notification published in the Andhra Pradesh Gazette. (10) "notified" date in relation to an estate, means the date appointed by a notification issued under Section 1, sub-section (4), as the date on which the provisions of this Act (other than Sections 1, 2, 4, 5, 7, 8, 9, 58-A, 62, 67 and 68) shall come into force in the estate, and the word "notified" shall be construed accordingly; (11) "prescribed" means prescribed by rules made by the Government under this Act; (12) "principal landholder" means the person who held the estate immediately before the notified date; and (a) in the case of an estate held by a joint family immediately before that date, means such joint family; and (b) in the case of an impartible estate, means the person entitled to the possession of such estate immediately before that date; (13) "Settlement Officer" in relation to any estate or part of an estate, means the officer appointed therefor under Section 5, sub- section (1); (14) "Tribunal" means a Tribunal constituted under Section 8 and having jurisdiction; (15) "under-tenure estate" means an estate within the meaning of Section 3, clause (2) (e), of the Estates Land Act; (16) "zamindari estate" means - (i) an estate within the meaning of Section 3, clause (2) (a), of the Estates Land Act, after excluding therefrom every portion which is itself an estate under Section 3, clause (2) (b) or (2) (e), of that Act; or (ii) an estate within the meaning of section 3, clause (2) (b) or (2) (c) of the Estates Land Act, after excluding therefrom every portion which is itself an estate under Section 3, clause (2) (e) of that Act. Consequences of Notification of Estate ### 3. Consequences of Notification of estate. - With effect on and from the notified date and save as otherwise expressly provided in this Act (a) the Andhra Pradesh (Andhra Area) Permanent Settlement Regulation, 1802, the Estates Land Act, and all other enactments applicable to the estate as such except the Andhra Pradesh (Andhra Area) Estates Land (Reduction of Rent) Act, 1947, shall be deemed to have been repealed in their application to the estate; (b) the entire estate (including minor inams (post-settlement or pre-settlement) included in the assets of the zamindari estate at the permanent settlement of that estate; all communal lands and porambokes; other non-ryoti lands; waste lands; pasture lands; lanka lands; forests; mines and minerals; quarries; rivers and streams; tanks and irrigation works; fisheries; and ferries), shall stand transferred to the Government and vest in them, free of all encumbrances; and the Andhra Pradesh (Andhra Area) Revenue Recovery Act, 1864, the Andhra Pradesh (Andhra Area) Irrigation Cess Act, 1865 and all other enactments applicable to ryotwari areas shall apply to the estate; (c) all rights and interests created in or over the estate before the notified date by the principal or any other landholder, shall as against the Government cease and determine; (d) the Government may, after removing any obstruction that may be offered, forthwith take possession of the estate, and all accounts, registers, pattas, muchilikas, maps, plans and other documents relating to that estate which the Government may require for the administration thereof: Provided that the Government shall not dispossess any person of any land in the estate in respect of which they consider that he is prima facie entitled to a ryotwari patta - (i) if such person is a ryot, pending the decision of the Settlement Officer as to whether he is actually entitled to such patta; (ii) if such person is a landholder pending the decision of the Settlement Officer and the Tribunal on appeal, if any, to it, as to whether he is actually entitled to such patta; (e) the principal or any other landholder and any other person whose rights stand transferred under clause (b) or cease and determine under clause (c), shall be entitled only to compensation from the Government as provided in this Act; (f) the relationship of landholder and ryot shall as between them, be extinguished; (g) ryots in the estate and persons holding under them shall, as against the Government, be entitled only to such rights and privileges as are recognized or conferred on them by or under this Act, and any other rights and privileges which may have accrued to them in the estate before the notified date against the principal or any other landholder thereof shall cease and determine and shall not be enforceable against the Government or such landholder. ### 4. Appointment and functions of the Director of Settlements. - As soon as may be after the passing of this Act, the Government shall appoint a Director of Settlements to carry out survey and settlement operations in estates and introduce ryotwari settlement therein. The Director shall be subordinate to the Board of Revenue. ### 5. Appointment and functions of the Settlement Officers. (1) As soon as may be after the passing of this Act, the Government shall appoint one or more Settlement-Officers to carry out the functions and duties assigned to them under this Act. (2) Every Settlement Officer shall be subordinate to the Director and shall be guided by such lawful instructions as he may issue from time to time; and the Director shall also have power to cancel or revise any of the orders, acts or proceedings of the Settlement Officer, other than those in respect of which an appeal lies to the Tribunal. ### 6. Managers of estates. (1) With effect on and from the notified date, the Government shall appoint one or more persons to manage the estate. (2) Every manager shall be subordinate to the District Collector and shall be guided by such lawful instructions as he may issue from time to time; and the District Collector shall also have power to cancel or revise any of the orders, acts or proceedings of the manager. ### 7. Powers of control of the Board of Revenue. - The Board of Revenue shall have power- (a) to give effect to the provisions of this Act and in particular to superintend the taking over of estates and to make due arrangements for the interim administration thereof; (b) to issue instructions for the guidance of the Director, District Collectors, Settlement Officers and managers of estates; (c) to cancel or revise any of the orders, acts or proceedings of any Settlement Officer other than those in respect of which an appeal lies to the Tribunal or of any manager; and (d) to cancel or revise any of the orders, acts or proceedings of the Director or of any District Collector, including those passed, done or taken in the exercise of revisional powers. ### 8. Constitution of Tribunals for certain purposes. (1) The Government shall constitute as many Tribunals as may be necessary for the purposes of this Act. (2) Each Tribunal shall consist of a single member who shall be either a District Judge or an officer eligible to be appointed as a District Judge. (3) Each Tribunal shall have such jurisdiction, and over such estates or parts thereof, as the Government may, by notification from time to time, determine. (4) Every Tribunal shall have all the powers of a civil court to compel the attendance of witnesses and the production of documents. Determination Of Inam Estates ### 9. Determination of Inam Estates. (1) As soon as may be after the passing of this Act and subject to the provisions of Section 9-A, the Settlement Officer may suo motu and shall on application, inquire and determine whether any inam village or hamlet or khandriga granted as inam in his jurisdiction is an inam estate or not. (2) Before holding the inquiry, the Settlement Officer shall cause to be published in the village or hamlet or Khandriga granted as inam in the prescribed manner, a notice requiring all persons claiming an interest in any land in the village or hamlet or Khandriga granted as inam to file before him statements bearing on the question whether the village or hamlet or Khandriga granted as inam is an inam estate or not. (3) The Settlement Officer shall then hear the parties and afford to them a reasonable opportunity of adducing all such evidence either oral or documentary as they may desire, to examine all such documents as he has reason to believe are in the possession of the Government and have a bearing on the question before him and give the decision in writing. (4) (a) (i) Against a decision of the Settlement Officer under sub-section (3), the Government may, within one year from the date of the decision or if such decision was given before the commencement of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) (Amendment) Act, 1957, within one year from such commencement, and any person aggrieved by such decision may, within two months from the date of the decision or such further time as the Tribunal may in its discretion allow, appeal to the Tribunal. (ii) If, before the commencement of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) (Amendment) Act, 1957, any order has been passed by the Tribunal dismissing an appeal filed by the Government against a decision of the Settlement Officer on the ground that the Government were not competent to file an appeal under this clause or that such appeal was time-barred, the Tribunal shall, on an application filed by the Government within one year from the commencement of the Amendment Act aforesaid, vacate the order already passed by it and pass a fresh order on merits. (b) Where any such appeal is preferred by an aggrieved person, the Tribunal shall give notice thereof to the Government and in the case of all appeals, whether by the Government or by an aggrieved person, the Tribunal shall cause to be published in the village or hamlet or Khandriga granted as inam in the prescribed manner, a notice requiring all persons who have applied to the Settlement Officer under sub-section (1) or filed before him statements under sub-section (2) to appear before it, and after giving them 2 and the Government a reasonable opportunity of being heard, give its decision. (c) The decision of the Tribunal under this sub-section shall be final and not be liable to be questioned in any Court of Law. (5) No decision of the Settlement Officer under sub-section (3) or of the Tribunal under sub-section (4) shall be invalid by reason of any defect in the form of the notice referred to in sub-section (2) or sub-section (4), as the case may be, or the manner of its publication. (6) Every decision of the Tribunal and subject to such decision, every decision of the Settlement Officer under this section shall be binding on all persons claiming an interest in any land in the village, or hamlets or khandriga granted as Inam notwithstanding that any such person has not preferred any application or filed any statement or adduced any evidence or appeared or participated in the proceedings before the Settlement Officer or the Tribunal as the case may be. (7) In the absence of evidence to the contrary, the Settlement Officer and the Tribunal may presume that an inam village or hamlet or khandriga granted as inam is an inam estate. ### 9A. Inquiry under Section 9 not necessary in certain cases. - If before the commencement of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) (Second Amendment) Act, 1957 any decision was given under Section 9 in respect of any village that it was not an inam estate as it stood defined before such commencement, and that decision was based on the finding the inam village became an estate by virtue of the Andhra Pradesh (Andhra Area) Estates Land (Third Amendment) Act, 1936 then, (a) if the decision based on the finding aforesaid was given by the Tribunal under sub-section (4) of Section 9, no fresh inquiry under that section shall be necessary for taking any proceedings under this Act on the basis of that finding; and (b) if the decision based on the finding aforesaid was given by the Settlement Officer, and no appeal was filed to the Tribunal, the Government or any person aggrieved, may appeal to the Tribunal against the decision and finding within two months from the commencement of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) (Amendment) Act, 1960, and if no such appeal is filed, the finding of the Settlement Officer shall be final and no fresh inquiry shall be necessary for taking any proceedings under this Act on the basis of that finding. Date of Creation of Under-tenure Estate ### 10. Determination of date on which under-tenure estate was created. (1) The landholder of an under-tenure estate or any other person interested may, within three months from the notified date, or such further time as the appropriate Settlement Officer may in his discretion allow, apply to him for a decision as to whether such estate was created before or after the date on which the principal estate was permanently settled. (2) The Settlement Officer shall then hear the parties and afford to them a reasonable opportunity of adducing all such evidence either oral or documentary as they may desire to, examine all such documents as he has reason to believe are in the possession of the Government and have a bearing on the claims before him and give his decision in writing. (3) The Government or any person deeming himself aggrieved by a decision of the Settlement Officer under sub-section (2) may, within two months from the date of the decision, or such further time as the Tribunal may in its discretion allow, appeal to the Tribunal and its decision shall be final and not be liable to be questioned in any Court of Law. (4) Unless the Settlement Officer, or where there is an appeal, the Tribunal, decides that an under-tenure estate was created before the date on which the principal estate was permanently settled, it shall be regarded for the purposes of this Act as having been created after that date. (5) Where the principal estate is a temporarily settled zamindari or an unsettled palaiyam or jagir, all references to the date of the permanent settlement of the principal estate in the foregoing provisions shall be construed as references (a) in the case of a temporarily settled zamindari, to the date of its temporary settlement; and (b) in the case of an unsettled palaiyam or Jagir, to the 13th day of July, 1802. ### 11. Lands in which ryot is entitled to ryotwari patta. - Every ryot in an estate shall, with effect on and from the notified date, be entitled to a ryotwari patta in respect of (a) all ryoti lands which, immediately before the notified date were properly included or ought to have been properly included in his holding and which are not either lanka lands or lands in respect of which a landholder or some other person is entitled to a ryotwari patta under any other provision of this Act; and (b) all lanka lands in his occupation immediately before the notified date, such lands having been in his occupation or in that of his predecessors-in-title continuously from the 1st day of July, 1939; Provided that no person who has been admitted into possession of any land by a landholder on or after the first day of July, 1945 shall, except where the Government, after an examination of all the circumstances otherwise direct, be entitled to a ryotwari patta in respect of such land. Explanation. - No lessee of any lanka land and no person to whom a to collect the rent of any land has been leased before the notified date, including an ijaradar or a farmer of rent, shall be entitled to ryotwari patta in respect of such land under this section. ### 12. Lands in zamindari estate in which landholder is entitled to Ryotwari Patta. - In the case of the zamindari estate, the landholder shall, with effect on and from the notified date, be entitled to a ryotwari patta in respect of (a) all lands (including lanka lands) which, immediately before the notified date, (i) belonged to him as private land within the meaning of Section 3, clause (10) (a), of the Estates Land Act, or (ii) stood recorded as his private land in a record prepared under the provisions of Chapter XI or Chapter XII of the said Act, not having been subsequently converted into ryoti land; (b) (i) all lands which were properly included, or which ought to have been properly included, in the holding of a ryot and which have been acquired by the landholder, by inheritance or succession under a will, provided that the landholder has cultivated such lands himself, by his own servants or by hired labour, with his own or hired stock, in the ordinary course of husbandry from the date of such acquisition or the 1st day of July 1939, whichever is later and has been in direct and continuous possession of such lands from such later date; (ii) all lands which were properly included, or which ought to have been properly included in the holding of a ryot and which have been acquired by the landholder by purchase, exchange or gift, but not including purchase at a sale for arrears of rent, provided that the landholder has cultivated such lands himself, by his own servants or by hired labour, with his own or hired stock, in the ordinary course of husbandry from the 1st day of July 1945 and has been in direct and continuous possession of such lands from that date; (iii) all lands (not being (i) lanka lands, (ii) lands of the description specified in Section 3, clause (16), sub-clauses (a), (b) and (c) of the Estates Land Act, of (iii) forest lands) which have been abandoned or relinquished by a ryot, or which have never been in the occupation of a ryot, provided that the landholder has cultivated such lands himself, by his own servants or by hired labour, with his own or hired stock in the ordinary course of husbandry from the 1st day of July 1939, and has been in direct and continuous possession of such lands from that date. Explanation. - "Cultivate" in this clause includes the planting and rearing of topes, gardens and orchards, but does not include the rearing of topes of spontaneous growth. ### 13. Lands in inam estate in which landholder is entitled to ryotwari patta. - In the case of an inam estate, the landholder shall, with effect on and from the notified date, be entitled to ryotwari patta in respect of (a) all lands (including lanka lands) which, immediately before the notified date, (i) belonged to him as private land within the meaning of Section 3, clause (10) (b) of the Estates Land Act, or (ii) stood recorded as private land in a record prepared under the provisions of Chapter XI or Chapter XII of the said Act, not having been subsequently converted into ryoti land; and (b) (i) all lands which were properly included, or which ought to have been properly included, in the holding of a ryot and which have been acquired by the landholder, by inheritance or succession under a will, provided that the landholder has cultivated such lands himself, by his own servants or by hired labour with his own or hired stock, in the ordinary course of husbandry, from the date of such acquisition or the 1st day of July, 1945 whichever is later and has been in direct and continuous possession of such lands from such later date; (ii) all lands which were properly included, or which ought to have been properly included in the holding of a ryot and which have been acquired by the landholder by purchase, exchange or gift, including purchase at a sale for arrears of rent; provided that the landholder has cultivated such lands himself, by his own servants or by hired labour, with his own or hired stock, in the ordinary course of husbandry from the 1st day of July 1945 and has been in direct and continuous possession of such lands from that date; (iii) all lands (not being (i) lanka lands, (ii) lands of the description specified in Section 3, clause (16), sub-clauses (a), (b) and (c) of the Estates Land Act, or (iii) forest lands) which have been abandoned or relinquished by a ryot, or which have never been in the occupation of a ryot, provided that the landholder has cultivated such lands himself, or by his own servants or hired labour, with his own or hired stock, in the ordinary course of husbandry, from the 1st day of July, 1945 and has been in direct and continuous possession of such lands from that date. Explanation. - "Cultivate" in this clause includes the planting and rearing of topes, gardens and orchards, but does not include the rearing of topes of spontaneous growth. ### 14. Lands in an under-tenure estate in which landholder is entitled to ryotwari patta. - The grant of a ryotwari patta to landholder in respect of lands in an under-tenure estate shall be regulated in accordance with the provisions of (a) section 13, if it has been decided under Section 10 that such estate was created before the date of the permanent or temporary settlement of the principal estate or the 13th day of July 1802, as the case may be; and (b) Section 12, in other cases. ### 15. Determination of lands in which the landholder is entitled to ryotwari patta under foregoing provisions. (1) The Settlement Officer shall examine the nature and history of all lands in respect of which the landholder claims a ryotwari patta under Section 12, 13 or 14, as the case may be, and decide in respect of which lands the claim should be allowed. (2) (a) Against a decision of the Settlement Officer under sub-section (1) , the Government may, within one year from the date of the decision or if such decision was given before the commencement of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) (Amendment) Act, 1957, within one year from such commencement, and any person aggrieved by such decision may, within two months from the date of the decision or such further time as the Tribunal may in its discretion allow, appeal to the Tribunal; and its decision shall be final and not be liable to be questioned in any Court of Law. (b) If, before the commencement of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) (Amendment) Act, 1957, any order has been passed by the Tribunal dismissing an appeal filed by the Government against a decision of the Settlement Officer on the ground that the Government were not competent to file an appeal under this sub-section or that such appeal was time-barred, the Tribunal shall, on an application filed by the Government within one year from the commencement of the Amendment Act aforesaid, vacate such order, and pass a fresh order on merits. ### 16. Liability to pay assessment, etc., to Government. (1) Every person, whether a landholder or a ryot, who becomes entitled to a ryotwari patta under this Act, in respect of any land shall, with effect on and from the notified date, be liable to pay to the Government such assessment, as may be lawfully imposed on the land (2) If in respect of any such land, the ryot was liable immediately before the notified date to make any payment to the landholder otherwise than by way of rent, whether periodically or not, the ryot shall continue to make such payments as accrue on or after that date to the Government. ### 17. Ryotwari patta in service-tenure lands. (1) Where any land (not consisting of an entire village) granted on service-tenure, whether to an individual or institution falls under Section 3, clause 16 (c) of Estates Land Act, then. (a) if the service to be rendered is personal or private service to the landholder, not being a religious, educational or charitable institution, the land shall be discharged from the condition of such service and the holder of such land shall be entitled to a ryotwari patta in respect of the land with effect on and from the notified date; (b) in all other cases, the holder of such land shall have the same rights in the land, and be subject to the same liabilities, as the inamdar of a minor service inam in a ryotwari village has in respect of his land. Provided that no ryotwari patta shall be granted in respect of any land which is forest or which falls under Section 3, clause (16), sub-clause (a) or (b), of the Estates Land Act. (2) The provisions of sub-section (1), clause (b), shall apply also to dasabandam inam lands in estates. Buildings in Estates ### 18. Vesting of buildings situated in estates. (1) Every building situated within the limits of an estate, which immediately before the notified date, belonged to any landholder thereof and was then being used by him as an office in connection with its administration and for no other purpose, shall vest in the Government, free of all encumbrances, with effect on and from the notified date. (2) Every building so situated which, immediately before the notified date, belonged to any such landholder and the whole or principal part whereof was then in the occupation of any religious, educational or charitable institution, shall also vest in the Government, free of all encumbrances, with effect on and from the notified date; Provided that when such institution ceases to exist, the building shall revert to such landholder, or if he is dead, to his heirs or legal representatives. (3) Where any building so situated - (a) which belonged to any such landholder on the 1st day of July 1947; and (b) (i) which on that date was being used by him as an office in connection with the administration of the estate, and for no other purpose, or (ii) the whole or principal part whereof was on that date in the occupation of any religious, educational or charitable institution has after the 1st day of July 1947 and before the notified date, been sold or made a gift of, by the landholder, or ceased to be used by him as an office as aforesaid, or ceased to be in the occupation of such institution, the value of the building shall be assessed by the Tribunal in such manner as may be prescribed; and the Tribunal shall pay to the Government such value from out of the compensation deposited in its office under Section 41, sub-section (1). (4) Every building other than a building referred in sub-sections (1), (2), and (3) shall, with effect on and from the notified date, vest in the person who owned it immediately before that date; but the Government shall be entitled (i) in every case, to levy the appropriate assessment thereon; and (ii) in the case of a building which vests in a person other than a landholder, also to the payments which such person was liable immediately before the notified date to make to any landholder in respect thereof, whether periodically or not and whether by way of rent or otherwise, in so far as such payments, may accrue due on or after the notified date. (5) In this section, "building" includes the site on which it stands and any adjacent premises occupied as an appurtenance thereto. (6) If any question arises whether any building or land falls or does not fall within the scope of sub-section (1), (2) (3), (4) or (5), it shall be referred to the Government whose decision shall be final, and not be liable to be questioned in any Court of Law. (7) Any person holding a mortgage or charge on any building referred to in sub-section (1) or sub-section (2) shall, for the purpose of Section 42, be a secured creditor and be entitled to priority over any person holding a mortgage or charge subsequently created by the landholder over any part of the estate. Sales and Leases of Certain Lands ### 19. to ryoti or non-ryoti land sold for non-agricultural purpose before 1st July, 1945. - Where any ryoti or non-ryoti land has been sold by any landholder for a non-agricultural purpose before the 1st day of July, 1945, the buyer shall be entitled to keep the land, subject however to the payment by him to the Government of the ryotwari or other assessment or the ground rent which may be imposed upon the land; Provided that the sale was not void or illegal under any law in force at the time. ### 20. Saving of rights of certain lessees and others. (1) In cases not governed by Sections 18 and 19, where before the notified date, a landholder has created any in any land (whether by way of lease or otherwise) including rights in any forest, mines or minerals, quarries, fisheries or ferries, the transaction shall be deemed to be valid; and all rights and obligations arising thereunder, on or after the notified date, shall be enforceable by or against the Government: Provided that the transaction was not void or illegal under any law in force at the time; Provided further that any such created on or after the 1st day of July 1945 shall not be enforceable against the Government, unless it was created for a period not exceeding one year: Provided also that where such was created for a period exceeding one year, unless it relates to the private land of the landholder within the meaning of Section 3, clause (10) , of the Estates Land Act, the Government may, if, in their opinion, it is in the public interest to do so, by notice given to the person concerned, terminate the with effect from such date as may be specified in the notice, not being earlier than three months from the date thereof. (2) The person whose has been terminated by the Government under the foregoing proviso, shall be entitled to compensation from the Government which shall be determined by the Board of Revenue in such manner as may be prescribed, having regard to the value of the and the unexpired portion of the period for which the was created. The decision of the Board of Revenue shall be final and not be liable to be questioned in any Court of law. Survey and Settlement of Estates ### 21. Survey of estates. (1) Any estate or part thereof may be surveyed or, if it has been surveyed before the notified date, may be resurveyed, as if it were Government land, in accordance with the provisions for the survey of such land contained in the Andhra Pradesh Survey and Boundaries Act, 1923: Provided that any resurvey made under this sub-section may be limited to what is necessary for the introduction of the ryotwari settlement in the estate or part thereof. (2) The cost of the survey or resurvey, except so much thereof as is payable by the ryots or the landholder under the provisions of Section 8 of the Andhra Pradesh Survey and Boundaries Act, 1923, shall be borne by the Government. ### 22. Manner of effecting ryotwari settlement of estate. (1) The Settlement Officer shall effect a ryotwari settlement of the estate or part thereof, in accordance with a settlement notification framed and published by the Government for the purpose. (2) The said notification shall embody the principles adopted in making ryotwari settlements in ryotwari areas, and shall adopt - (a) the rates of assessment set out in the resettlement notification in force on the date of the passing of this Act, in the district in which the estate is situated, or (b) if more than one such notification is in force in the district, or if the estate is situated in more than one district, the rates set out in that one of those notifications, which the Government consider to be most appropriate to the case. (3) All rates of assessment imposed at a ryotwari settlement shall be liable to revision from time to time as laid down in the settlement notification referred to in sub-sections (1) and (2). (4) Neither the settlement notification nor any order passed in pursuance thereof shall be liable to be questioned in any Court of Law. ### 23. Determination of land revenue before ryotwari settlement is brought into force. - The land revenue payable to the Government with effect on and from the notified date shall, until a ryotwari settlement effected in pursuance of Section 22 has been brought into force in the estate, be calculated as follows:- (a) In respect of any land held for the purpose of agriculture, not being private land, the land revenue shall be - (i) where the rent payable to the landholder immediately before the notified date has been determined under the Andhra Pradesh (Andhra Area) Estates Land (Reduction of Rent) Act, 1947, the rent so determined; or (ii) where the rent has not been so determined, the rent which would have been payable to the landholder in respect of the fasli year in which the estate is notified; or (iii) where no rent was payable the rent which would have been payable to the landholder immediately before the notified date, by a ryot holding similar land with similar advantages, in the neighbourhood; Provided that in cases falling under sub-clauses (i) and (ii), the land revenue in respect of the fasli year in which the estate is notified shall be the rent due to the landholder, less any payment made to him before the notified date and authenticated in the prescribed manner; Provided further that in cases falling under sub-clause (ii) , where after the rent has been determined under the Andhra Pradesh (Andhra Area) Estate Land (Reduction of Rent) Act, 1947, it is found that the land revenue paid exceeds the rent so determined, such excess shall be adjusted towards the land revenue payable in the subsequently fasli year or years. (b) In respect of other lands, the land revenue payable shall be calculated at such rate or rates as the Government may, by general or special order, determine. (c) Notwithstanding anything in clause (a), in the case of wet lands whose irrigation facilities are improved by an irrigation scheme executed by the Government, they may levy additional wet assessment on such lands at such rate as they may, by order, determine having regard to the cost incurred by them and the additional benefit derived by the ryot in respect of such irrigation scheme. Determination, Apportionment and Payment of Compensation ### 24. Compensation how determined. - The compensation payable in respect of an estate shall be determined in accordance with the following provisions. ### 25. Compensation to be determined for estate as a whole. - The compensation shall be determined for the estate as a whole, and not separately for each of the interests therein : ### 26. Basic annual sum. - A sum called the basic annual sum shall first be determined in respect of the estate. Basic Annual Sum for Zamindari Estates ### 27. Component parts of basic annual sum in zamindari estates. - In the case of a zamindari estate, the basic annual sum shall be the aggregate of the sums specified below:- (i) one-third of the gross annual ryotwari demand in respect of all lands in the estate (excluding lanka lands) in respect of which any person other than the landholder is entitled to a ryotwari patta, as ascertained under Section 28, less the deductions specified therein; (ii) one-third of the gross annual ryotwari demand in respect of - (a) all lanka lands in the estate in respect of which a person other than the landholder is entitled to a ryotwari patta, and (b) all lanka lands which in the opinion of the Government or sufficiently permanent (that is to say, similar to the permanent portions of Government lanka lands) to enable the levy thereon of ryotwari assessment, as ascertained under Section 28, in so far as it may be applicable, less the deductions specified therein: (iii) one-third of the average net annual income derived from all lanka lands in the estate other than those - (a) in respect of which a ryot or the landholder is entitled to a ryotwari patta, and (b) which in the opinion of the Government are sufficiently permanent (that is to say, similar to the permanent portions of Government lanka lands) to enable the levy thereon of ryotwari assessment as ascertained under Section 29, less the deduction specified therein; (iv) one-third of the average net annual miscellaneous revenue derived from all other sources in the estate specified in Section 3, clause (b) 1 including water-cess not consolidated with the assessment under Section 22 but not including lands in respect of which the landholder is entitled to a ryotwari patta, as ascertained under Section 30; and (v) the whole of the jodi, kattubadi or other amount, if any (excluding local cesses and taxes), payable annually to the landholder of the estate immediately before the notified date, by the landholder of every inam village or under-tenure estate including the value, as ascertained in the prescribed manner, of whatever was deliverable in kind annually. ### 28. Computation of ryotwari demand and deductions there from. (1) The gross annual ryotwari demand in respect of the lands referred to in Section 27, clauses (i) and (ii), shall be the total of the ryotwari assessments imposed, in pursuance of a settlement effected under Section 22, on the lands occupied by any person other than the landholder on the notified date. Explanation I. - For the purpose of this sub-section, the expression ryotwari assessment' in respect of any land, classified as dry in the landholders account and irrigated solely or partly from an irrigation work constructed, maintained or controlled by or on behalf of the Government, shall be deemed to be the appropriate dry assessment on the land, together with the net amount, if any, which the landholder is entitled to retain as his share of the charge for water, paid or payable to him by the ryots for the Fasli year 1357. Explanation II. - In the case of wet lands referred to in Section 23, clause (c) , the ryotwari assessment shall be the assessment which would have been imposed on the land, if it had been settled before the execution of the irrigation scheme, and shall not include the additional wet assessment or any part thereof levied thereunder. (1-A) Explanations I and II to sub-section (1) shall be deemed to have come into force on the 19th April, 1949. (2) The deductions referred to in Section 27, clauses (1) and (ii), shall be - (a) five per cent of the gross annual ryotwari demand as computed above in respect of the lands referred to in the said clause (i) or (ii), as the case may be, on account of establishment charges, deficiencies in collection and the like; and (b) three and one-third per cent of such gross demand on account of the maintenance of irrigation works serving the estate: Provided that no deduction shall be made on account of the maintenance of irrigation works, if there is no such work serving the estate or if the landholder is under no legal obligation to maintain any such work serving the estate: Provided further that where the obligation of the landholder to maintain every one of the irrigation works serving the estate is shared by him either with the Government or with the landholder of some other estate, the percentage of deduction on account of the maintenance of irrigation works shall be reduced by such extent as the Government may deem reasonable. ### 29. Computation of income from lanka lands. (1) (a) The average net annual income from the lanka lands referred to in Section 27, clause (iii) , shall be the average of the net annual income derived by the landholder from such lands during a period of twenty complete fasli years immediately preceding the notified date, or where such lands have been in existence for a shorter period not being less than five complete fasli years immediately preceding the notified date, during the complete fasli years for which the lands have been in existence: Provided that where the particulars necessary to compute such average are not available for the full period or where the particulars available appear in material respects to be incorrect, the computation may be made in such manner as may be prescribed. (b) Where such lands have not been in existence for a period of five complete fasli years as aforesaid, their average net annual income shall be computed in such manner as may be prescribed. (2) The deduction referred to in Section 27, clause (iii), shall be such amount as may be prescribed on account of remissions for bad seasons and the like, in the same manner as in the case of Government lanka lands. ### 30. Computation of net miscellaneous revenue. - The average net annual miscellaneous revenue from the sources referred to in Section 27, clause (iv) , shall be the average of the net annual income derived by the Government from such sources during the fasli year commencing on the notified date, if such date was the 1st day of July, or on the first day of July immediately succeeding the notified date, if such date was not the 1st day of July and the next two fasli years. Basic Annual sum for Inam Estates ### 31. Component parts of basic annual sum in inam estates. - In the case of an inam estate, the basic annual sum shall be the aggregate of the sums specified below, less the deductions specified in Section 35 (i) the whole of the gross annual ryotwari demand in respect of all lands in the estate (excluding lanka lands), in respect of which any person other than the landholder is entitled to a ryotwari patta, as ascertained under Section 32, less the deduction specified therein; (ii) the whole of the gross annual ryotwari demand in respect of all - (a) lanka lands in the estate in respect of which a person other than the landholder is entitled to a ryotwari patta, and (b) all lanka lands which, in the opinion of the Government, are sufficiently permanent (that is to say, similar to the permanent portions of Government lanka lands), to enable the levy thereon of ryotwari assessment, as ascertained under Section 32, in so far as it may be applicable, less the deduction specified therein; (iii) the whole of the average net annual income derived from all lanka lands in the estate other than those - (a) in respect of which a ryot or the landholder is entitled to a ryotwari patta, and (b) which in the opinion of the Government are sufficiently permanent (that is to say, similar to the permanent portions of Government lanka lands), to enable the levy thereon of ryotwari assessment, as ascertained under section 33, less the deduction specified therein; (iv) the whole of the average net annual miscellaneous revenue derived from all other sources in the estate specified in Section 3, clause (b), including water-cess not consolidated with the assessment under Section 22 but not including lands in respect of which the landholder is entitled to a ryotwari patta, as ascertained under Section 34. ### 32. Computation of ryotwari demand and deduction therefrom. (1) The gross annual ryotwari demand in respect of the lands referred to in Section 31, clauses (i) and (ii), shall be the total of the ryotwari assessments imposed in pursuance of a settlement effected under Section 22 on the lands occupied by any person other than the landholder on the notified date. Explanation I. - For the purposes of this sub-section, the expression ryotwari assessment' in respect of any land, classified as dry in the landholder's account and irrigated solely or partly from an irrigation work constructed, maintained or controlled by or on behalf of the Government, shall be deemed to be the appropriate dry assessment of the land, together with the net amount, if any, which the landholder is entitled to retain as his share of the charge for water paid or payable to him by the ryots for the Fasli year 1357. Explanation II. - In the case of wet lands referred to in Section 23, clause (c) , the ryotwari assessment shall be the assessment which would have been imposed on the land if it had been settled before the execution of the irrigation scheme, and shall not include the additional wet assessment or any part thereof levied thereunder. (1-A) Explanations I and II to sub-section (1) shall be deemed to have come into force on the 19th April 1949. (2) From the gross annual ryotwari demand as computed above, there shall be deducted 3 1/3 per cent of such demand on account of the maintenance of irrigation works serving the estate; Provided that no such deduction shall be made, if there is no irrigation work serving the estate, or if the landholder is under no legal obligation to maintain any such work serving the estate: Provided further that where the obligation of the landholder to maintain every one of the irrigation works serving the estate is shared by him either with the Government or with the landholder of some other estate, the percentage of such deduction shall be reduced by such extent as the Government may deem reasonable. ### 33. Computation of income from lanka lands. (1) (a) The average net annual income from the lanka lands referred to in Section 31, clause (iii) , shall be the average of the net annual income derived by the landholder from such lands during a period of twenty complete fasli years immediately preceding the notified date, or where such lands have been in existence for a shorter period not being less than five complete fasli years immediately preceding the notified date, during the complete fasli years for which the lands have been in existence: Provided that where the particulars necessary to compute such average are not available for the full period, or where the particulars available appear in material respects to be incorrect, the computation may be made in such manner as may be prescribed. (b) Where such lands have not been in existence for a period of five complete fasli years as aforesaid, their average net annual income shall be computed in such manner as may be prescribed. (2) From the average net annual income as computed above, there shall be deducted such amount as may be prescribed on account of remissions for bad seasons and the like, in the same manner as in the case of Government lanka lands. ### 34. Computation of net miscellaneous revenue. - The average net annual miscellaneous revenue from the sources referred to in Section 31, clause (iv) , shall be the average of the net annual income derived by the Government from such sources during the fasli year commencing on the notified date, if such date was 1st day of July, or on the 1st day of July immediately succeeding the notified date, if such date was not the 1st day of July and the next two fasli years. ### 35. Jodi, etc., to be deducted. - From the aggregate of the sums referred to in Section 31, clauses (i) to (iv), ascertained as aforesaid, there shall be deducted (a) the whole of the jodi, quit-rent or other amount, if any of a like nature, payable annually by the landholder to the Government; and (b) the whole of the jodi, kattubadi or other amount, if any (excluding local cesses and taxes), payable annually by the landholder immediately before the notified date, to a landholder of some other estate, including the value, as ascertained in the prescribed manner, of whatever was deliverable in kind annually: Provided that the amount deducted under clauses (a) and (b) shall in no case exceed one-half of the aggregate of the net amounts computed in accordance with Sections 32 and 33. Basic Annual sum for Under-tenure Estates ### 36. Basic annual sum in the case of under-tenure estates. - In the case of an under-tenure estate, the basic annual sum shall, where it has been decided under Section 10 that the estate was granted before the date of the permanent or temporary settlement of the principal estate or before the 13th day of July 1802, as the case may be, be computed, in accordance with the provisions of Sections 31 to 35, both inclusive. In other cases, the basic annual sum shall be the sum as computed in accordance with the provisions of Sections 27 to 30, both inclusive, less the whole of the jodi, kottubadi or other amount, if any (excluding local cesses and taxes), payable annually by the landholder of the under-tenure estate immediately before the notified date to the landholder of the principal estate, including the value, as ascertained in the prescribed manner, of whatever was deliverable in kind annually: Provided that the total amount to be deducted as aforesaid shall in no case exceed one half of the aggregate of the net amounts computed in accordance with clauses (i) to (iii) of Section 27 read with Sections 28 and 29. ### 37. Scale of compensation except in the case governed by Section 38. - The total compensation payable in respect of any estate shall, except in the case governed by Section 38, be determined in accordance with the following scale:- (i) Where the basic annual sum does not exceed Rs.1,000 30 times such sum. (ii) Where the basic annual sum exceeds Rs.1,000 but does not exceed Rs.3,000 25 times such sum or Rs.30,000 whichever is greater. (iii) Where the basic annual sum exceeds Rs.3,000 but does not exceed Rs.20,000 20 times such sum or Rs.75,000 whichever is greater. (iv) Where the basic annual sum exceeds Rs.20,000 but does not exceed Rs.50,000 17 1/2 times sum or Rs.4,00,000, whichever is greater. (v) Where the basic annual sum exceeds Rs.50,000 but does not exceed Rs.1,00,000 15 times such sum or Rs.8,75,000 whichever is greater. (vi) Where the basic annual sum exceeds Rs.1,00,000 12 1/2 times such sum or Rs.15,00,000 whichever is greater. Payments to Religious, Educational and Charitable Institutions ### 38. Payment of tasdik allowance and additional compensation to institutions. (1) In the following cases, namely:- (a) Where an inam estate or part thereof was held immediately before the notified date by any religious, educational or charitable institution, and (b) where a zamin or under-tenure estate or part thereof was held immediately before the notified date by any such institution, such estate or part having been endowed for its maintenance the Government shall subject to the provisions of sub-sections, (3-A) and (4-A) pay to the Institution every year as a tasdik allowance: (i) in the case of an entire estate, the basic annual sum; (ii) in the case of a part of an estate, such portion of the basic annual sum as may, on a calculation in the prescribed manner, be ascribed to that part. (2) Where the tasdik allowance so payable is less than the difference between: (a) the average net annual income derived by the institution from all sources in the estate or part as calculated in the prescribed manner during the five complete fasli years immediately preceeding the notified date or during that portion of those fasli years in which the estate or part was held by the institution, and (b) the income as calculated in the prescribed manner which the institution may be expected to receive from the lands in respect of which it is entitled to a ryotwari patta, the deficiency shall be made good to the institution by the Government every year. (3) All amounts which accrued due to the institution during the period referred to in sub-section (2), clause (a) shall be taken into account, whether the amounts were actually collected or not: Provided that the value in money of anything deliverable in kind to the institution at any time during the period aforesaid shall, where any price has been fixed by the Government for the sale of such thing at such time in the area concerned, be calculated at such price. (3-A) The tasdik allowance payable under sub-section (1) shall not exceed the average net annual income derived by the institution during the five complete Fasli years immediately preceding the notified date or during that portion of those Fasli years in which the estate or part thereof was held by the institution. (4) Payment shall be made to the institution under sub-sections (1) and (2), so long as it exists. (4-A) Notwithstanding anything contained in sub-sections (1) and (2), the aggregate of the amounts payable every year under the said sub-sections to all the institutions referred to in clause (b) of sub-section (1) shall not exceed a sum of rupees one lakh and fifty thousand; and if such aggregate exceeds in any year one lakh and fifty thousand rupees, a proportionate reduction shall be made in the amount payable to each such institution so that the aggregate of the amounts payable in respect of all such institutions for that year may be limited to the said sum of rupees one lakh and fifty thousand. (5) Nothing contained in this section shall apply where any land (not consisting of an entire village) granted on service tenure to the institution falls under Section 3, clause (16) (c) of the Estates Land Act. ### 38A. Payment of allowance by religious institutions. (1) Where an inam estate or part thereof was held immediately before the notified date by an individual on condition of rendering service to a religious institution, the individual shall, notwithstanding anything contained in this Act, be bound to render such service after the notified date, if he is required to do so by a written notice sent to him by the institution within such time as may be specified by the Government in this behalf. (2) Any such individual who renders the service on being required to do so by the institution as aforesaid shall be entitled to be paid by the institution every year such sum as may be fixed by agreement between the individual and the institution, and if no such agreement can be reached, such sum as may be fixed by the Board constituted under the Madras Hindu Religious Endowments Act, 1926, in accordance with such rules as may be made by the Government in this behalf; Provided that if the individual pays to the institution the amount of compensation paid to him under this Act, the institution shall, in lieu of the sum aforesaid, pay to the individual every year a sum equal to the aggregate of the amounts which would be payable by the Government under Section 38, if the inam estate or part thereof was held immediately before the notified date by a religious institution. Explanation. - For the purposes of this section, individual' means the person who would have held the inam estate or part thereof, if it had not vested in the Government under this Act. Determination of Basic Annual sum and of total compensation ### 39. Determination of basic annual sum and of total compensation. (1) The Director shall determine in accordance with such of the foregoing provisions as may be applicable to the estate (a) the basic annual sum in respect thereof; and (b) except in the case governed by Section 38, also the total compensation payable in respect of the estate. (2) Any landholder or other person interested may, within such time as may be prescribed or such further time as the Director may in his discretion allow, apply in writing to the Director for a copy of the data on the basis of which he proposes to determine the basic annual sum. (3) On the receipt of such application, the Director shall furnish the data aforesaid to the applicant; and he shall also, before passing any order under sub-section (1), give the applicant a reasonable opportunity of making his representations in regard thereto, in writing or orally. (4) A copy of every order passed under sub-section (1) shall be communicated to every landholder concerned, and also to every applicant under sub-section (2). (5) Any person deeming himself aggrieved by an order made under sub-section (1) may, within three months from the date of the order or such further time as the Board may in its discretion allow, appeal to the Board of Revenue; and the Board shall, after giving the applicant a reasonable opportunity of being heard, pass such orders on the appeal as it thinks fit. (6) The Board of Revenue may also in its discretion, at any time, either suo motu or on the application of any person call for and examine the record of any order passed, or proceeding taken, by the Director under this section, for the purpose of satisfying of itself as to the legality, regularity or propriety of such order or proceeding and pass such order in reference thereto as it thinks fit; Provided that the basic annual sum or the total compensation payable in respect of any estate shall not be altered by the Board without giving every landholder concerned and every person who has made an application under sub-section (2) , a reasonable opportunity of being heard. (7) No order passed by the Director under sub-section (1) shall be liable to be cancelled or modified except by the Board of Revenue as aforesaid or to be questioned in any Court of Law; and no order passed by the Board of Revenue under sub-section (5) or (6) shall be liable to be cancelled or modified by the Government or any other authority or to be questioned in any Court of Law; Provided that where the notification issued under sub-section (4) of Section 1 in respect of an estate is cancelled under sub- section (5) of that Section and the said estate is re-notified under sub-section (4) of that section, subsequent to the passing of an order under this section, resulting in- (i) the originally notified estate being split up into two more estates; (ii) some area being added, or excluded from such estate; or (iii) the variation in the tenure of such estate or of any estate estates as so re-notified; it shall be lawful for the Director to determine, in accordance with such of the foregoing provisions as may be applicable to the estate or estates as so re-notified. (a) the basic annual sum in respect of such estate or estates; and (b) except in the case governed by Section 38, also the total compensation payable in respect of such estate or estates; and all the provisions of this section shall apply to every such determination made by the Director. ### 40. Compensation, etc., to be paid in prescribed manner. (1) The compensation payable to any person under this Act and the sums payable to any religious, educational or charitable institution under Section 38, sub-sections (1) and (2), may be paid in such form and manner, and at such time or times, and in one or more instalments, as may be prescribed by rules made by the Government. (2) Such rules shall be subject to the approval of the State Legislative Assembly. ### 41. Compensation to be deposited in office of Tribunal. (1) The Government shall deposit in the office of the Tribunal, the compensation in respect of each estate as determined by the Director under Section 39 in such form and manner, and at such time or times and in one or more instalments, as may be prescribed by rules made under Section 40: Provided that the Government shall be entitled to deduct from the amount to be deposited (a) the advance compensation referred to in sub-section (1) of Section 54-A. (b) all moneys, if any, still remaining due to them (i) in respect of peshkash, jodi, quit-rent or other amounts of like nature, and cesses; and (ii) in respect of any claim which was secured immediately before the notified date by a mortgage of, or a charge on, the estate or any portion thereof; (c) the rents, if any, collected before the notified date by the landholder from the ryots in respect of the fasli year in which the Estate is notified and any amount collected by him from the ryots in excess of the rent determined under the A.P. (Andhra Area) Estates Land (Reduction of Rent) Act, 1947 (Act XXX of 1947) and outstanding to the credit of the ryots on the first day of that fasli year, which rent or amounts cannot be adjusted by deduction under Section 50; and (d) all interim payments deposited under sub-section (5) of section 50 in excess of the amounts finally found to be payable under that section, together with interest thereon as provided in sub-section (9) of the same section: Provided further that where the total amount of the compensation payable in respect of any estate stands altered after the deposit referred to above has already been made, the Government may deposit the difference or withdraw the same from the deposit already made, or otherwise adjust the same in such manner and at such time or times as may be prescribed, and the provisions of Sections 42 to 49, and Sections 51 and 52 shall apply to the amount finally under deposit, and to this extent the Tribunal or the Special Tribunal, as the case may be, shall be competent to revise its orders, if any, already passed: Provided also that where the notification issued under sub- section (4) of Section 1 in respect of an estate is cancelled under sub-section (5) of that section and the said estate is renotified under sub-section (4) of that section, the amount, if any, deposited in respect of such estate prior to its re-notification shall be deemed to be the deposit made under this section, in respect of the estate or each of the estates as so re-notified and it shall be adjusted towards the estate or each of the estates as so re-notified, either wholly or in proportion to their respective basic annual sums, as the case may be, and that all such adjustments shall be deemed to have been made on the dates on which the respective amounts were actually deposited with the Tribunals. (2) On the making of such deposit, the Government shall be deemed to have been completely discharged in respect of all claims to, or enforceable against, the compensation aforesaid. ### 42. Claims to be made within six months. (1) Every person claiming the compensation so deposited or any portion thereof, including the principal or any other landholder, members of his family claiming any portion of such compensation, whether by way of a share or by way of maintenance or otherwise, and creditors, whether their debts are secured or not, shall apply to the Tribunal within six months from the date on which the amount was so deposited or within such further time as the Tribunal may, in its discretion, allow. (2) Every claim against the compensation which is not made to the Tribunal within the time aforesaid, shall cease to be enforceable. ### 43. Duty of Tribunal. - The Tribunal shall, after giving notice to all persons who have applied under Section 42 and to any others whom it considers to be interested, make inquiry into the validity of the claims received by it, and determine the persons who, in its opinion, are entitled to the compensation deposited and the amount to which each of them is entitled. ### 44. Compensation to be apportioned by Tribunal. (1) As a preliminary to such determination, the Tribunal shall apportion the compensation among the principal landholder and any other persons whose rights or interests in the estate stand transferred to the Government under Section 3, clause (b), or cease and determine under Section 3, clause (c), including persons who are entitled to be maintained from the estate and its income, as far as possible, in accordance with the value of their respective interests in the estate: Provided that where the notification issued under sub-section (4) of Section 1 in respect of an estate is cancelled under sub- section (5) of that section and the said estate is re-notified under sub-section (4) of that section, it shall be competent for the Tribunal to revise the apportionment of the compensation already made under this sub-section, so as to be in conformity with the revised compensation payable under this Act in respect of the estate or estates as so re-notified, and (i) if any additional amount becomes due to any person owing to such revised apportionment, it shall be paid to him in accordance with the provisions of this Act; or (ii) if any payment made to any person is found to be not due to him or to be in excess of the amount due to him, such payment or excess payment, as the case may be, shall be recoverable under Section 54D (2) The value of those interests shall be ascertained - (a) in the case of the impartible estates referred to in Section 45, in accordance with the provisions contained in that section and in such rules, not inconsistent with that section, as may be made by the Government in this behalf; and (b) in the case of other estates, in accordance with such rules as may be made by the Government in this behalf. (3) A copy of every rule made under sub-section (2) shall, as soon as may be after it has been made, be laid on the table of the State Legislative Assembly. ### 45. Apportionment in the case of certain impartible estates. (1) In the case of an impartible estate which had to be regarded as the property of a joint Hindu family for the purpose of ascertaining the succession thereto immediately before the notified date, the following provisions shall apply. (2) The Tribunal shall determine the aggregate compensation payable to all the following persons, considered as a single group: (a) the principal landholder and his legitimate sons, grandsons and great-grandsons in the male line living or in the womb on the notified date, including sons, grandson and great-grandsons adopted before such date (who are herein after called sharers'); and (b) other persons who immediately before the notified date, were entitled to maintenance out of the estate and its income either under Section 9 or 12 of the A.P. (Andhra Area) Impartible Estates Act, 1904, or under any decree or order of a Court, award, or other instrument in writing or contract or family arrangement which is binding on the principal landholder (who are hereinafter called maintenance-holders'): Provided that no such maintenance-holder shall be entitled to any portion of the aggregate compensation aforesaid, if, before the notified date his claim for maintenance, or the claim of his branch of the family for maintenance, has been settled or discharged in full. (3) The Tribunal shall next determine which creditors, if any, are lawfully entitled to have their debts paid from and out of the assets of the impartible estate and the amount to which each of them is so entitled; and only the remainder of the aggregate compensation shall be divisible among the sharers and maintenance-holders as hereinafter provided. (4) The portion of the aggregate compensation aforesaid payable to the maintenance-holders shall be determined by the Tribunal and notwithstanding any arrangement already made in respect of maintenance whether by a decree or order of a Court, award or other instrument in writing or contract or family arrangement, such portion shall not exceed one-fifth of the remainder referred to in sub-section (3), except in the case referred to in the second proviso to Section 47, sub-section (2). (5) (a) The Tribunal shall, in determining the amount of the compensation payable to the maintenance-holders and apportioning the same among them, have regard, as far as possible, to the following considerations, namely:- (i) the compensation payable in respect of the estate; (ii) the number of persons to be maintained out of the estate; (iii) the nearness of relationship of the person claiming to be maintained; (iv) the other sources of income of the claimant; and (v) the circumstances of the family of the claimant; (b) For the purpose of securing (i) that the amount of compensation payable to the maintenance-holders does not exceed the limit specified in sub-section (4) and (ii) that the same is apportioned among them on an equitable basis, the Tribunal shall have power, wherever necessary, to re-open any arrangement already made in respect of maintenance, whether by a decree or order of a Court, award, or other instrument in writing, or contract or family arrangement. (6) The balance of the aggregate compensation shall be divided among the sharers, as if they owned such balance as a joint Hindu family and a partition thereof had been effected among them on the notified date. (1) In the case of an impartible estate which had to be regarded as the property of a joint Hindu family for the purpose of ascertaining the succession thereto immediately before the notified date, the following provisions shall apply. (2) The Tribunal shall determine the aggregate compensation payable to all the following persons, considered as a single group: (a) the principal landholder and his legitimate sons, grandsons and great-grandsons in the male line living or in the womb on the notified date, including sons, grandson and great-grandsons adopted before such date (who are herein after called sharers'); and (b) other persons who immediately before the notified date, were entitled to maintenance out of the estate and its income either under Section 9 or 12 of the A.P. (Andhra Area) Impartible Estates Act, 1904, or under any decree or order of a Court, award, or other instrument in writing or contract or family arrangement which is binding on the principal landholder (who are hereinafter called maintenance-holders'): Provided that no such maintenance-holder shall be entitled to any portion of the aggregate compensation aforesaid, if, before the notified date his claim for maintenance, or the claim of his branch of the family for maintenance, has been settled or discharged in full. (3) The Tribunal shall next determine which creditors, if any, are lawfully entitled to have their debts paid from and out of the assets of the impartible estate and the amount to which each of them is so entitled; and only the remainder of the aggregate compensation shall be divisible among the sharers and maintenance-holders as hereinafter provided. (4) The portion of the aggregate compensation aforesaid payable to the maintenance-holders shall be determined by the Tribunal and notwithstanding any arrangement already made in respect of maintenance whether by a decree or order of a Court, award or other instrument in writing or contract or family arrangement, such portion shall not exceed one-fifth of the remainder referred to in sub-section (3), except in the case referred to in the second proviso to Section 47, sub-section (2). (5) (a) The Tribunal shall, in determining the amount of the compensation payable to the maintenance-holders and apportioning the same among them, have regard, as far as possible, to the following considerations, namely:- (i) the compensation payable in respect of the estate; (ii) the number of persons to be maintained out of the estate; (iii) the nearness of relationship of the person claiming to be maintained; (iv) the other sources of income of the claimant; and (v) the circumstances of the family of the claimant; (b) For the purpose of securing (i) that the amount of compensation payable to the maintenance-holders does not exceed the limit specified in sub-section (4) and (ii) that the same is apportioned among them on an equitable basis, the Tribunal shall have power, wherever necessary, to re-open any arrangement already made in respect of maintenance, whether by a decree or order of a Court, award, or other instrument in writing, or contract or family arrangement. (6) The balance of the aggregate compensation shall be divided among the sharers, as if they owned such balance as a joint Hindu family and a partition thereof had been effected among them on the notified date. ### 46. Claims of creditors. - After the compensation has been apportioned among the persons referred to in Section 44, sub- section (1) , or where it is more convenient, so to do pending such apportionment, the Tribunal shall take into consideration the applications of the creditors other than those dealt with in Section 45, sub-section (3), and decide the amount to which each such creditor is entitled and the person or persons out of whose share or shares of the compensation such amount should be paid. ### 47. Grant of ryotwari patta to maintenance-holders in certain impartible estates. (1) Every maintenance-holder entitled to a portion of the compensation under Section 45 shall also be entitled to the grant of a ryotwari patta in respect of a portion of the lands referred to in Section 12 or 14, as the case may be. (2) The Tribunal shall determine the total extent of the lands in respect of which ryotwari pattas may be granted to the maintenance-holders and divide the same among them, and in doing so, the Tribunal shall, unless for reasons recorded in writing it considers that it is inappropriate to do so, have regard to the considerations set forth in Section 45, subsection (5) and the manner in which the compensation payable to the maintenance holders has been or may be apportioned among them under that sub-section. Provided that the total extent of the lands granted to all such maintenance-holders shall not exceed one-fifth of the extent of the lands in respect of which a ryotwari patta may be granted under Section 12 or 14: Provided further that where it is found to be inconvenient or impracticable to grant any such lands, or to grant any such lands to the full extent to which the maintenance-holder may be regarded as entitled, whether on the ground that such a grant will result in the creation of an uneconomic holding or for any other reason, the share of the compensation awarded to the maintenance-holder may be increased by such amount as the Tribunal may consider reasonable. (3) The lands in respect of which a ryotwari patta may be granted under Section 12 or 14, after excluding any lands which may be granted to maintenance-holders under sub-section (2), shall be divided among the sharers, as if they owned such lands as a joint Hindu family and a partition thereof had been effected among them on the notified date. ### 48. Certain estates to be treated as impartible estates for purposes of compensation. - Where the power of the landholder to alienate any property in an estate is restricted, whether by the terms of the grant or otherwise, the provisions of this Act relating to the payment and apportionment of compensation in respect of impartible estates shall, so far as may be and subject to such rules as may be made by the Government in this behalf, apply to the payment and apportionment of the compensation payable in respect of the estate. ### 49. Devolution of interest in compensation. - Where it is alleged that the interest of any person entitled to receive payment of any portion of the compensation has devolved on any other person or persons, whether by act of parties or by operation of law, the Tribunal shall determine whether there has been any devolution of the interest, and if so, on whom it has devolved. ### 50. Interim payments to principal landholder and others. (1) The provisions of this section shall apply in every case not governed by section 38. (2) After the notified date and before the compensation has been determined by the Director under Section 39 and deposited under Section 41 interim payments shall be made by the Government every fasli year, to the principal landholder and to the other persons referred to in section 44, sub-section (1), as follows: (3) In respect of the fasli year in which the estate is notified, they shall together be entitled to such amount as the Government may, on a rough calculation, determine to be the basic annual sum referred to in section 26, if the deposit in pursuance of Section 54-A has not been already made,and to an amount equal to one-half of the basic annual sum as so calculated, if the deposit aforesaid has been already made: Provided that, in either case, the Government shall be entitled to deduct - (i) the rents if any, collected before the notified date by the landholder from the ryots in respect of the fasli year aforesaid and any amount collected by him from the ryots in excess of the rents determined under the A.P. (Andhra Area) Estates Land (Reduction of Rent) Act, 1947 (Act XXX of 1947) and outstanding to the credit of the ryots on the first day of that fasli year; and (ii) the peshkash,jodi, quit-rent or other amounts of like nature and cesses due to the Government from the landholder: Provided further that such deductions were not already made in pursuance of Section 54-A or Section 55. Explanation. - Any amount collected by the Government on behalf of the landholder as rent from the ryots in excess of the rent determined under the A.P. (Andhra Area) Estates Land (Reduction of Rent) Act, 1947 (Act XXX of 1947), and paid to the landholder shall, for the purpose of this sub-section, be deemed to be an amount collected by the landholder. (4) In respect of each subsequent fasli year, they shall together be entitled to the amount estimated under sub-section (3) to be the one half of the basic annual sum, unless data for the better calculation thereof have since become available, in which case the amount to be paid shall be revised by the Government with reference to such data and the excess or deficiency in respect of the amounts already deposited for the previous fasli or faslis shall either be adjusted towards the interim payments due for that fasli or subsequent faslis, or deposited in addition, as the case may be: Provided that in cases where the compensation as determined by the Director under Section 39 for the estate is not paid in one lumpusm, but in instalments, the amount payable under this sub-section every year after the first instalment of compensation has been paid, shall be reduced in proportion to the compensation amount outstanding in that year; Provided further, that if for any reason the whole or any portion of the rents, the excess collections and the cesses and other amounts referred to in the proviso to sub-section (3) was not deducted in pursuance of that proviso, the amount remaining undeducted shall be deducted from the amount payable under this sub-section. (4-A) If the amount deposited under Section 54-A is, on subsequent calculation either because data for better calculation have since become available or because of mistake in the method of calculation adopted before the deposit was made under that section, found to be in excess of the amount that should properly have been deposited, such excess shall also be deducted out of the amounts to be deposited under sub-section (3) or sub-section (4) (5) The Government shall deposit all such amounts in the office of the Tribunal and the Tribunal shall, after such inquiry, if any, as it thinks fit, apportion the amounts among the principal landholder and the other persons referred to in sub-section (2), as far as possible in accordance with the value of their respective interests. (6) On the making of such a deposit, the Government shall be deemed to have been completely discharged in respect of all claims to, or enforceable against the amount so deposited. (7) After the compensation has been finally determined, the Government shall ascertain, in the manner specified below, the aggregrate interim payment due in respect of the estate as follows:- (a) In respect of the fasli year in which the estate is notified, the basic annual sum as finally determined under Section 39 after deducting therefrom an amount bearing to the basic annual sum the same proportion as the amount of the advance compensation referred to in Section 54-A bears to the compensation as finally determined under Section 39, in case the deposit in pursuance of Section 54-A is made in the fasli year in which the estate is notified. (b) In respect of each of the subsequent fasli years, the basic annual sum as finally determined under Section 39, after deducting therefrom an amount bearing to the basic annual sum the same proportion as the amount of the advance compensation referred to in Section 54-A together with any further instalment or instalments of compensation deposited up to the end of the fasli year concerned bears to the compensation as finally determined under Section 39. If the aggregate interim payment thus determined less the deductions already made under sub-sections (3) and (4) exceeds, or is less than, aggregate of the amounts already deposited under sub-section (5), the balance with interest thereon at three per cent per annum shall be deposited by the Govt., with the Tribunal after deducting the amounts of the nature specified in the proviso to sub-section (3) and still due to the Government, or, as the case may be, the amount of deficiency shall be intimated by the Government to the Tribunal. Explanation. - Any amount collected by the Government on behalf of the landholder as rent from the ryots in excess of the rent determined under the A.P. (Andhra Area) Estates Land (Reduction of Rent) Act, 1947 (Act XXX of 1947), and paid to the landholder shall, for the purpose of this sub-section, be deemed to be an amount collected by the landholder. (8) No interim payment made under this section shall be deemed to constitute any part of the compensation which the Government are liable to deposit under Section 41, sub-section (1), or to any extent to be in lieu of such compensation. (9) The Tribunal shall revise the apportionment of the interim payments with reference to the aggregate interim payments as finally determined by the Government under sub-section (7) on the basis that each of the persons entitled to receive any portion of the interim payments shall be entitled separately to the same share of the said aggregate interim payments as the share of the compensation to which he is finally held to be entitled under Section 44 . Any excess payment disclosed by such revision which has not already been deducted under the first proviso to sub-section (1) of Section 41 shall be deducted by the Tribunal, with interest thereon at three per cent per annum, from the compensation payable to the person concerned. (10) Where the notification issued under sub-section (4) of Section 1 in respect of an estate is cancelled under subsection (5) of that section and the said estate is re-notified under sub-section (4) of that section, the amount of interim payments for the estate or each of the estates as re-notified shall be calculated afresh and the amount, if any, deposited in respect of the estate as originally notified prior to its re-notification shall be adjusted towards the estate or each of the estates as so re-notified, either wholly or in proportion to their respective basic annual sums, as the case may be, and all such adjustments shall be deemed to have been made on the dates on which the respective amounts were actually deposited with the Tribunal and the additional amount, if any, that becomes payable to any person towards interim payments owing to such fresh calculation shall be paid to him in accordance with the provisions of this Act. (11) Notwithstanding the fact that subsequent to the determination of the compensation by the Director under Section 39 or the expiry of the period, in which the compensation is payable in instalments, the basic annual sum or the total compensation or both, have been altered owing to re-calculation thereof in pursuance of an order, decree or judgment of any authority or Court or owing to re-determination thereof as a consequence of the re-notification of the estate under sub-section (4) of Section 1, after the original notification issued in respect thereof under that sub-section has been cancelled under sub-section (5) of section 1, and notwithstanding anything in this section, it shall not be necessary to make interim payments under this section (i) in the case of an estate where compensation is payable in one lumpsum from the fasli year in which the Director would have determined the compensation under Section 39 but for the re-calculation or re-determination as aforesaid; and (ii) in any other case, from the fasli year in which the last instalment of the compensation would have fallen due but for the re-calculation or re-determination as aforesaid. (12) Notwithstanding anything contained in sub-sections (1) to (11), where, after the Government have deposited the compensation, as originally determined by the Director under Section 39, the basic annual sum, or the total compensation, or both, have been altered owing to determination thereof by the Director in pursuance of (a) an order or decision passed or given by the Board in appeal or in revision, or (b) an order passed by a court in any proceedings, after setting aside or modifying the order of determination passed under Section 39 and remanding the case to him with a direction to determine afresh the basic annual sum or compensation, it shall not be necessary to make interim payments under this section, (i) in the case of an estate where compensation is payable in one lumpsum, from the fasli year in which the Director had originally determined the compensation under Section 39; and (ii) in any other case, from the fasli year to which the last instalment of the compensation would have fallen due but for the determination afresh. (13) The provisions of this section shall have effect notwithstanding anything contained in any judgment, decree or order of any Court, Tribunal or other authority. ### 50A. Cessation of interim Payments in cases falling under Section 54-AA. - In case the principal landholder or any other person referred to in sub-section (1) of Section 44 has received in the form of bonds deposited by the Government in the office of the tribunal under Section 54-AA, his share in the remaining half of the amount of compensation estimated under sub-section (1) of section 54, no interim payment under Section 50 shall be payable to such principal landholder or any other person from the Fasli year in which the bonds are deposited by the Government in the office of the Tribunal. Provided that if the amount deposited in bonds in pursuance of sub-section (1) of section 54-AA falls short of the remaining half of the amount of compensation estimated under sub-section (1) of Section 54-A, an interim payment equal to a sum which bears the same proportion to the basic annual sum as the amount still remaining unpaid out of the total compensation estimated under Section 54-A bears to such total estimated compensation, shall be payable from the Fasli year aforesaid. ### 51. Appeals. (1) Any person deeming himself aggrieved by any decision of the Tribunal under Sections 43 to 50, may, within three months from the date of such decision or such further time as a Judge of the High Court nominated for the purpose by the Chief Justice may in his discretion allow, appeal to a Special Tribunal consisting of two judges of the High Court nominated from time to time by the Chief Justice in that behalf. (2) Where the members of the Special Tribunal are agreed in their opinion, their decision shall be final. Where the members are divided in their opinion, the case with their opinions thereon shall be laid before another Judge of the High Court nominated for the purpose by the Chief Justice and such Judge shall hear the case as a persona designata and his decision shall be final. ### 52. Restrictions on jurisdiction of Tribunal and Special Tribunal. - The jurisdiction of the Tribunal and the Special Tribunal shall be limited (a) to the apportionment of the compensation among the persons referred to in Section 43 and the apportionment of the interim payments among the persons referred to in Section 50; and (b) in cases falling under Section 47, to the division of the lands in respect of which a ryotwari patta may be granted under Section 12 or 14, and neither the Tribunal nor the Special Tribunal shall have jurisdiction to go into the question of the correctness of the determination, or the adequacy of the compensation. ### 53. Disbursement of Compensation. - All payments made out of the compensation deposited in the office of the Tribunal under Section 41 shall be made by it in accordance with its orders and decisions, subject to the modifications, if any, made on appeal under Section 51. ### 54. Interim payment to institutions. (1) In cases governed by Section 38, after the notified date and before the sums payable to the religious, educational or charitable institutions concerned under sub-sections (1) and (2) of that section have been finally determined, the Government shall pay to the institution (a) in respect of the fasli year in which the estate is notified, such sums as they may, on a rough calculation, determine to be payable to the institution under sub-sections (1) and (2) of Section 38. Provided that the rents, if any, collected before the notified date by the institution from the ryots in respect of the fasli year aforesaid and any amount collected by it from the ryots in excess of the rent determined under the A.P. (Andhra Area) Estates Land (Reduction of Rent) Act, 1947 (Act XXX of 1947), and outstanding to the credit of the ryots on the first day of the fasli year, shall be deducted. (b) in respect of each subsequent fasli year, the sums determined under clause (a), unless data for the better calculation thereof have since become available, in which case the sums to be paid shall be revised by the Government with reference to such data. Provided that if, for any reason, the whole or any portion of the rents and excess collections referred to in the proviso to clause (a) was not deducted in pursuance of that proviso, the amount remaining undeducted shall be deducted from the amount payable under this clause. (2) After the sums payable to the institution under Section 38, sub-sections (1) and (2), have been finally determined, all interim payments made to the institution under sub-section (1) of this section together with such rents, if any, collected by it before the notified date and any amount collected by it from the ryots in excess of the rent determined under the A.P. (Andhra Area) Estates Land (Reduction of Rent) Act, 1947 (Act XXX of 1947), and outstanding to the credit of the ryots on the first day of the fasli year in which the estate is notified, shall be adjusted towards the sums so determined; and any deficiency shall be made good to the institution by the Government and any excess shall be deducted from the sums payable to it by the Government in any subsequent fasli year or years. (3) If any interim payments under Section 50 or any advance compensation under Section 54-A has been paid to any institution before the commencement of the A.P. (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Andhra Pradesh (Amendment) Act, 1958, the amount so paid shall be recovered by adjustment from the amounts payable to the institution under sub-section (1) of this section or under Section 38 or both, in such proportion or instalments as the Government may deem fit. Explanation. - For the purposes of this section, any amount collected by the Government on behalf of the institution as rent from the ryots in excess of the rent determined under the A.P. (Andhra Area) Estates Land (Reduction of Rent) Act, 1947 (Act XXX of 1947) and paid to the institution shall be deemed to be an amount collected by the institution. ### 54A. Advance payment of compensation and its apportionment, etc. (1) In the case of every estate not governed by Section 38, the Government shall estimate roughly the amount of the compensation payable in respect of the estate, and deposit one half of that amount within six months from the notified date in the office of the Tribunal, as advance payment on account of compensation: Provided that in the case of an estate notified before the commencement of the A.P. (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1950, the deposit may be postponed to a date which is not later than the 30th day of June, 1950. Provided further that where the notification issued under sub-section (4) of Section 1 in respect of an estate is cancelled under sub-section (5) of that section and the said estate is re-notified under sub-section (4) of that section, the amount of compensation for the estate or each of the estates as renotified shall be estimated afresh and the amount, if any, already deposited in respect of the estate as originally notified prior to its re-notification, shall be adjusted towards the estate or each of the estates as so re-notified, either wholly or in proportion to their respective basic annual sums, as the case may be, and all such adjustments shall be deemed to have been made on the date on which the respective amounts were actually deposited with the Tribunal and the additional amount, if any, that becomes payable to any person owing to such fresh estimation shall be paid to him in accordance with provisions of this Act. (2) From the amount to be deposited under sub-section (1) the Government shall be entitled to deduct (a) one-half of all moneys referred to in the first proviso to Section 41 (1); and (b) one-half of the basic annual sum referred to in sub-section (3) of Section 50, if the deposit in pursuance of this section is made in the fasli year in which the estate is notified but after the interim payment in respect of that fasli year has been deposited under Section 50. (3) On the making of a deposit in pursuance of this Section, the Government shall be deemed to have been completely discharged in respect of all claims to, or enforceable against, the amount depoisted. (4) The Tribunal shall, after such inquiry, if any, as it thinks fit, apportion the amount deposited in pursuance of this section among the principal landholder and the other persons referred to in Section 42, as far as possible in accordance with the value of their respective interests; and the provisions of Sections 42 to 46 (both inclusive), 48,49,51,52 and 53 shall apply mutatis mutandis in respect of the amount so deposited. (5) (a) Notwithstanding anything contained in sub-sections (1) to (4), if data for the better calculation of the amount payable as advance compensation become available, the amount to be paid may be recalculated by the Government with reference to such data. (b) Where any amount of advance compensation deposited in respect of any estate under this section exceeds or is less than the amount as recalculated in accordance with clause (a), such amount available with the Tribunal may be withdrawn by the Government, and in the case of a deficiency the Government may deposit with the Tribunal such amount as may be necessary to make up the deficiency. ### 54AA. Provisional payment of final compensation and its apportionment. (1) Where the advance payment on account of the compensation referred to in Section 54-A has been deposited in the office of the tribunal in respect of any zamindari or undertenure estate referred to in sub-section (1) of section 54-B, but the amount of compensation payable for such estate is not finally determined under Section 39, the principal landholder or any other person referred to in sub-section (1) of Section 44 may make an application to the Tribunal in writing agreeing to receive immediately his share of the remaining half of the amount of compensation estimated under sub-section (1) of Section 54-A and undertaking not to receive, or to receive, a proportionate amount of the annual interim payment under Section 50. On receipt of such application, the Government may deposit, in the office of the Tribunal, bonds issued by them equal in value to the said share as determined by the Tribunal under sub-section (5) as a payment towards his share of the final compensation payable for such estate under this Act. Every application under this section shall be made within three months from the commencement of the A.P. (Andhra Area) Estates (Abolition and Conversion into Ryotwari) (Amendment) Act, 1960. (2) The bonds referred to in sub-section (1) shall be issued in multiples of Rs.100, and the balance, if any, less than Rs. 100 shall be adjusted when the compensation in respect of the estate is finally determined under Section 39. The bonds shall be negotiable and shall carry interest at the rate of three percent per annum and be redeemable over a period of ten years. Ten per cent of the value of each bond shall be redeemed each year. (3) The aggregate of the amounts payable in bonds to all the persons referred to in sub-section (1) shall not exceed a sum of rupees one crore and if such aggregate exceeds rupees one crore, a proportionate reduction shall be made in the amount payable to each person so that the aggregate of the amounts payable in respect of all such persons may be limited to the said sum of rupees one crore. (4) On the making of a deposit in bonds in pursuance of this section, the Government shall be deemed to have been completely discharged in respect of all claims to, or enforceable against, the amounts deposited. (5) On receipt of an application, the Tribunal shall after such inquiry as it thinks fit, determine the share of the principal landholder or the other person referred to in Section 42, so far as may be, in accordance with the value of his interest in the final compensation payable for the estate under the Act and the provisions of Sections 42 to 46 (both inclusive), 48, 49, 51, and 52 shall apply mutatis mutandis in respect of the determination of such share. Explanation. - For the purpose of determination of such share, an amount equal to the amount of advance compensation specified under sub-section (1) of Section 54-A less the amount referred to in clauses (b) and (c) of the first proviso to sub-section (1) of Section 41, and any other sum remaining lawfully due to the Government, shall be deemed to have been deposited under sub-section (1) of Section 41. (6) Where any payment made to any person in bonds under this section exceeds or is less than what he is finally entitled to after the final compensation is determined under this Act, the excess shall be recovered from the person concerned as an arrear of land revenue, or the deficiency shall be made good by deposit of the sum required by the Government in the office of the Tribunal after deducting therefrom any sum remaining lawfully due to the Government. (7) Nothing contained in this section shall affect the of the landholder to additional compensation under Section 54-B. Additional Compensation. ### 54B. Additional compensation and its apportionment. (1) As soon as may be after the final determination of the amounts of compensation payable under Section 39 in respect of (a) all the zamindari estates, and (b) all the under-tenure estates in respect of which there is no decision under Section 10 either of the Settlement Officer or of the Tribunal on appeal from the Settlement Officer, that they were estates created before the dates of the permanent or temporary settlement of the principal estates concerned or before the 13th day of July, 1802, as the case may be if it is found that the aggregate of such amounts falls short of twelve and a half crores of rupees, the Government shall be under an obligation to distribute among the zamindari estates and under tenure estates aforesaid an amount equal to that by which the aggregate so falls short, the sum payable in respect of each such estate being in proportion to the amount of compensation as finally determined in respect thereof under Section 39. (2) The sum payable under sub-section (1) in respect of each such estate shall be deposited by the Government in the office of the Tribunal, and on the making of such deposit the Government shall be deemed to have been completely discharged in respect of all claims to, or enforceable against, the sum deposited. (3) The Tribunal shall, after such inquiry, if any, as it thinks fit, apportion the sum deposited under sub-section (2) in respect of any estate among the principal landholder and the other persons referred to in Sections 42, as far as possible, in accordance with the value of their respective interests; and the provisions of Section 42 to 46 (both inclusive), 48,49,51,52 and 53 shall apply mutatis mutandis in respect of the sum so deposited: Provided that no creditor shall be entitled to apply for the payment of any portion of the sum deposited as aforesaid in respect of which portion his claim has been satisfied on the date of such application. ### 54C. Amounts which may be deducted under Section 41 recoverable as arrear of land Revenue. - Any sum representing the whole or any portion of the rents and excess collections referred to in clause (c) of the first proviso to sub-section (1) of Section 41, which cannot be adjusted by deduction under the said clause, shall be recoverable as if it were an arrear of land revenue. ### 54D. Wrong and excess payments to be recoverable as arrear of land revenue. - Where any payment made to any person is subsequently found to be not due to him or to be in excess of the amounts due to him, the amount which is found to be not due or which is in excess, as the case may be, with interest thereon at three percent per annum, or any portion thereof which cannot be otherwise adjusted by deduction from any amounts due to such person, shall be recoverable as if it were an arrear of land revenue. ### 54E. Recovery of amount paid on cancellation of notification issued under Section 1 (4) . - If any amount has been paid to any person under this Act in pursuance of a notification issued under sub-section (4) of Section 1 and if such notification is subsequently quashed by order of Court or cancelled by the Government, the amount so paid, with interest thereon at three per cent per annum, shall be recoverable as if it were an arrear of land revenue. ### 55. Collection of arrears of rent which accrued before the notified date. (1) After the notified date, the land-holder shall not be entitled to collect any rent which accrued due to him from any ryot before, and is outstanding on, that date; but the manager appointed under Section 6 shall be entitled to collect all such rent and any interest payable thereon together with any costs which may have been decreed, as if they were arrears of land revenue; and there shall be paid to the landholder all amounts so collected, after deducting (a) ten per cent thereof on account of collection charges; (b) the arrears of peshkash, quit-rent, jodi or other amount, if any, of a like nature, due from the landholder to the Government; and (c) the rent, if any, collected before the notified date by the landholder from the ryots in respect of the fasli year in which the estate is notified under this Act and any amount collected by the landholder from the ryots in excess of the rent determined under the A.P. (Andhra Area) Estates Land (Reduction of Rent) Act, 1947 (Act XXX of 1947), and outstanding to the credit of the ryots on the first day of the fasli year. Provided that any such rent, which accrued due in respect of the fasli year 1356 and earlier faslis, shall be reduced on the basis that the landholder is entitled in respect of each of those faslis, only to the rent as determined under the A.P. (Andhra Area) Estates Land (Reduction of Rent) Act, 1947: Provided further that where the ryot (a) has paid before the notified date or pays within two years of that date, or (b) where the rate of rent for the land has not been fixed under the A.P. (Andhra Area) Estates Land (Reduction of Rent) Act, 1947, before the notified date, pays within two years of the date on which such rates of rent are fixed under that Act, the rent due for the fasli years 1356 and 1357 and any interest payable thereon together with any costs which may have been decreed, then, all arrears of rent due from such ryot in respect of all prior fasli years, including interest and costs, if any, shall be deemed to have been completely discharged. Explanation. - Any amount collected by the Government on behalf of the landholder as rent from the ryots in excess of the rent determined under the A.P. (Andhra Area) Estates Land (Reduction of Rent) Act, 1947 (Act XXX of 1947) and paid to the landholder shall, for the purpose of this sub-section, be deemed to be an amount collected by the landholder. Provided also that in the case of an area which became an estate by virtue of the Andhra Pradesh (Andhra Area) Estates Land (Third Amendment) Act, 1936, or the Andhra Pradesh (Andhra Area) Estates Land (Amendment) Act, 1956, where the ryot, (a) where the rate of rent for the land has been fixed by the Andhra Pradesh (Andhra Area) Estates Land (Reduction of Rent) Act, 1947, has paid before the notified date, or pays within two years of that date or within two years from the date of the commencement of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1965 whichever is later, or (b) where the rate of rent for the land has not been fixed under the Andhra Pradesh (Andhra Area) Estates Land (Reduction of Rent) Act, 1947, before the notified date, pays within two years of the date on which such rate of rent is fixed under that Act or within two years from the date of the commencement of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1965, whichever is later, the rent due for the two fasli years immediately preceding the fasli year in which the estate is notified and any interest payable thereon together with any costs which may have been decreed, then, all arrears of rent due from such ryot in respect of all fasli years preceding the said two fasli years, including interest and costs, if any, due on such arrears shall be deemed to have been completely discharged; but nothing in this proviso shall apply to areas which become estates by virtue of the Andhra Pradesh (Andhra Area) Estates Land (Amendment) Act, 1956 and the ryots in respect of which, had already availed themselves of the benefit of the discharge under sub-section (5) of Section 3-A of the Andhra Pradesh (Andhra Area) Estates Land (Reduction of Rent) Act, 1947. (2) All amounts which the manager is entitled to collect under sub-section (1) shall be a first charge upon the land in respect of which such amounts are payable. ### 56. Decision of certain disputes arising after an estate is notified. (1) Where after an estate is notified, a dispute arises as to (a) whether any rent due from a ryot for any fasli year is in arrear or (b) what amount of rent is in arrear or (c) who the lawful ryot in respect of any holding is, the dispute shall be decided by the Settlement Officer. (2) Any person deeming himself aggrieved by any decision of the Settlement Officer under sub-section (1) may, within two months from the date of the decision or such further time as the Tribunal may in its discretion allow, appeal to the Tribunal; and its decision shall be final and not be liable to be questioned in any Court of Law. ### 57. Peshkash, Jodi and quit-rent. - Peshkash, Jodi or quitrent as the case may be, in respect of an estate shall cease to accrue with effect from the end of the fasli year immediately preceding the notified date. ### 58. Payment of jodi, Kattubadi, etc., by landholder of inam village which is not an inam estate. - With effect on and from the date on which an estate is notified, the landholder of an inam village which is not an inam estate shall be liable to pay annually to the Government, such jodi, kattubadi or other amount of a like nature, as he was liable to pay to the landholder of the notified estate immediately before that date: Provided that in respect of the fasli year in which the estate is notified, the jodi, kattubadi or other amount aforesaid shall be reduced by any payments made on that account before the notified date, to the landholder of the notified estate, if such payments are authenticated in the prescribed manner. ### 58A. Stay of execution proceedings and setting aside of certain Court sales and foreclosures. (1) No Court shall, before the date on which the deposit in pursuance of Section-54A is made, order or continue execution in respect of any decree or order passed against the principal or any other landholder of an estate, against his interest in the estate or against his other immovable property, or against him personally by arrest and detention; and with effect on and from such date, execution in the cases aforesaid may be ordered or continued as specified in, and in accordance with the provisions of Section 59. (2) Where in execution of any such decree or order, any interest in the estate or any other immovable property of the principal or any other landholder has been sold or foreclosed on or after the 19th April 1949, then, notwithstanding anything contained in the Indian Limitation Act, 1908, or in the Code of Civil Procedure, 1908, and notwithstanding that the sale has been confirmed, such landholder may apply to the Court within ninety days of the commencement of the A.P. (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1951, to set aside the sale or foreclosure of the property; and the Court shall, if satisfied that the applicant is a landholder, order the sale or foreclosure to be set aside, and thereupon the sale or foreclosure shall be deemed not to have taken place at all;. Provided that no such order shall be made without notice to the decree-holder, the auction purchaser, and other persons interested in such sale or foreclosure and without affording them an opportunity to be heard in the matter: Provided further that the Court shall not order any such sale to be set aside, unless the Court is satisfied that the sale price was unduly low. (3) Where a sale is set aside under sub-section (2), the purchaser shall be entitled to an order for repayment of any purchase money paid by him against the person to whom it has been paid: Provided that no poundage shall be payable in respect of any such sale and provided further that where poundage has been collected, the Court shall direct the same to be refunded. (4) All proceedings for the execution of any decree or order by the arrest and detention in prison of the principal or any other landholder of an estate, pending at the commencement of the A.P. (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1951, shall stand dismissed, and if at such commencement the principal or any other landholder is detained in a prison in execution of any such decree or order, he shall be released forthwith. (5) All alienations of immovable property made by the principal or other landholder of an estate on or after the 19th April, 1949, and before the notified date shall be invalid as against every creditor whose sale in execution or foreclosure decree has been set aside under sub-section (2) or who became entitled to rateable distribution of the proceeds of such sale under Section 73 of the Code of Civil Procedure, 1908. Explanation. - Nothing contained in this sub-section shall apply to any alienation to which the provisions of either Section 18, sub-section (3) , or Section 20 apply. (6) Notwithstanding anything contained in any other law for the time being in force, no principal or other landholder of an estate shall, on or after the notified date and before the date on which the deposit in pursuance of Section 54-A is made, sell, mortgage, lease, or otherwise assign or alienate any of his immovable property, and any transaction of the nature hereby prohibited shall be void and inoperative and shall not confer or take away any whatever on or from any party to the transaction. ### 59. Transitional provision in regard to other liabilities of landholder, etc. (1) No claim or liability enforceable immediately before the notified date against the principal or any other landholder of an estate, or against any other person whose rights stand transferred to the Government in pursuance of Section 3, clause (b), shall, on or after that date, be enforceable against the interest he had in the estate; and all such claims and liabilities shall after the date on which the deposit in pursuance of Section 54-A is made be enforceable. (a) against the interim payments or the compensation or other sums paid or payable to him under this Act, to the same extent to which such claims and liabilities were enforceable against his interest in the estate immediately before the notified date; and (b) against his other property, if any, to the same extent to which such claims and liabilities were enforceable against such property immediately before the notified date. (2) No Court shall, on or after the notified date, order or continue execution in respect of any decree or order passed against the principal or any other landholder or any other person aforesaid, against the interest he had in the estate; and execution shall be ordered or continued in such cases in conformity with the provisions of sub-section (1), only as against the interim payments or against the compensation or other sum or sums paid or payable to him as aforesaid, or against his other property, if any. (3) No Court shall, in enforcing any claim or liability against the principal or any other landholder or any other person aforesaid, allow interest at a rate exceeding six percent per annum simple interest for the period commencing on the notified date and ending with the date on which the deposit in pursuance of Section 54-A is made. ### 60. Provisions for existing estate staff. - Notwithstanding any law, custom, or contract to the contrary, the following provisions shall apply in regard to the persons employed in the administration of any estate immediately before the notified date. (1) The Government shall have power to terminate the services of any such person after giving him one calendar month's notice or paying him one month's pay in lieu of such notice. (2) Persons whose services are retained shall be governed by such rules as the Government may make in regard to them. ### 61. Maintenance by Government of institutions maintained by landholder. - Every educational or other charitable institution which was being maintained during the three fasli years 1354, 1355, and 1356, by any landholder of an estate may, with effect on and from the notified date, be maintained by the Government if they think fit. ### 62. [\\\\] ### 63. Decision of questions regarding forests. - If any question arises whether any land in an estate is a forest or is situated in a forest, or as to the limits of a forest, it shall be determined by the Settlement Officer, subject to an appeal to the Director within such time as may be prescribed and also to revision by the Board of Revenue. ### 63A. Decision under Section 63 to have over-riding effect. - Notwithstanding any judgment, decree or order of a Court, tribunal or other authority (a) the decision of - (i) the Settlement Officer under Section 63, if no appeal or revision is preferred; (ii) the Director, if no revision is filed; (iii) the Board of Revenue in revision; (b) Where a final decision as aforesaid is given under Section 63 either before or after an order is passed, or a decision is given by any tribunal or other authority under Section 11 or Section 15, the said final decision shall prevail over such order or decision of the tribunal or other authority. ### 64. Rights of owner or occupier not to be affected by temporary discontinuance of possession or occupation. (a) Where a person is entitled to the ownership or to the possession or occupation of any land or building immediately before the notified date, but has transferred his to the possession or occupation thereof or has been temporarily dispossessed or deprived of his to the occupation thereof; and (b) has not on that date lost his to remove the possession or occupation of such land or building; he shall, for the purposes of this Act and subject to the provisions thereof, be deemed to be the owner, or to be in possession or occupation, of such land or building; Provided that any lawful transferee of the to the possession or occupation of such land or building shall, save as otherwise expressly provided in this Act, continue to have the same rights against his transferor, as he had immediately before the notified date: Provided further that any lawful transferee of the title to such land or building shall be entitled to all the rights under this Act of his transferor. ### 64A. Resjudicata. (1) The decision of a Tribunal or Special Tribunal in any proceeding under this Act, or of a Judge of the High Court hearing a case under Section 51 (2), on any matter falling within its or his jurisdiction shall be binding on the parties thereto and persons claiming under them, in any suit or proceeding in a Civil Court in so far as such matter is in issue between the parties or persons aforesaid in such suit or proceeding. (2) The decision of a Civil Court (not being the Court of a District Munsif or a Court of Small Causes) on any matter falling within its jurisdiction shall be binding on the parties thereto and persons claiming under them in any proceeding under this Act before a Tribunal or Special Tribunal, or a judge of the High Court under Section 51 (2), in so far as such matter is in issue between the parties or persons aforesaid in such proceeding. ### 64B. Saving of limitation. - In computing the period of limitation for any suit or application filed in a Civil Court by a creditor in respect of any matter which was the subject of a proceeding under any of the following sections, namely, 42,43,44,45,46,48,49,50,51, 54-A and 54-B, the period commencing on the notified date and ending with the date on which the deposit in pursuance of Section 54-A is made, and the time during which such proceedings were pending as well as the time taken for obtaining certified copies of the order passed in such proceeding shall be excluded. ### 65. Jurisdiction of Courts barred in certain cases. (1) No suit or other proceeding shall lie against the Government for any act done or purporting to be done under this Act or any rule made thereunder. (2) (a) No suit, prosecution or other proceeding shall lie against any officer or servant of the Government for any act done or purporting to be done under this Act or any rule made thereunder, without the previous sanction of the Government. (b) No officer or servant of the Government shall be liable in respect of any such act in any civil or criminal proceeding, if the act was done in good faith in the course of the execution of the duties, or the discharge of the functions imposed by or under this Act. (3) No suit, prosecution, or other proceeding shall be instituted against any officer or servant of the Government for any act done or purporting to be done under this Act or any rule made thereunder, after the expiry of six months from the date of the act complained of. ### 66. Repeals. - (i) With effect on and from the notified date the A.P. (Andhra Area) Impartible Estates Act, 1904, shall be deemed to have been repealed in its application to the estate, if the estate had been governed by that Act immediately before that date; and (ii) the A.P. (Andhra Area) Tenants and Ryots Protection Act, 1946 shall be deemed to have been repealed in its application to private lands in the estate. ### 67. Power to make rules. (1) Government may make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing provision, such rules may provide for - (a) all matters expressly required or allowed by this Act to be prescribed. (b) the procedure to be followed by the Tribunals, Special Tribunal, authorities and officers appointed, or having jurisdiction, under this Act; (c) the delegation of the powers conferred by this Act on the Government or any other authority, officer or person; (d) the time within which applications and appeals may be presented under this Act, in cases for which no specific provision in that behalf has been made herein; (e) the application of the provisions of the Code of Civil Procedure, 1908, and the Indian Limitation Act, 1908, to applications, appeals and proceedings under this Act; (f) the fees to be paid in respect of applications and appeals under this Act; (g) the filling up of vacancies in Tribunals; (h) the transfer of proceedings from one authority or officer to another. ### 68. Power to remove difficulties. - If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require, do anything which appears to them necessary for the purpose of removing the difficulty.
65b9c82dab84c7eca86e9f58	acts	State of Madhya Pradesh - Act ------------------------------- Madhya Pradesh Electricity Regulatory Commission (Terms and Conditions for Tariff determination of energy from Renewable Energy Sources) Regulations, 2017 ------------------------------------------------------------------------------------------------------------------------------------------------------------ MADHYA PRADESH India Madhya Pradesh Electricity Regulatory Commission (Terms and Conditions for Tariff determination of energy from Renewable Energy Sources) Regulations, 2017 ============================================================================================================================================================ Act 43 of 2017 ---------------- * Published on 6 July 2016 * Commenced on 6 July 2016 Madhya Pradesh Electricity Regulatory Commission (Terms and Conditions for Tariff determination of energy from Renewable Energy Sources) Regulations, 2017 Published vide Notification No. G-43 of 2017, dated 06.07.2016 Last Updated 5th February, 2020 No. 87/MPERC/2017. - In exercise of powers conferred under Section 181(2) (zd) read with Section 61 of the Electricity Act, 2003 (36 of 2003), and all other powers enabling it in this behalf, the Madhya Pradesh Electricity Regulatory Commission hereby makes the following Regulations, namely: ### 1. Short Title and Commencement. (1) These Regulations may be called the Madhya Pradesh Electricity Regulatory Commission (Terms and Conditions for Tariff determination of energy from Renewable Energy Sources) Regulations, 2017 (G-43 of 2017). (2) These Regulations shall extend to the whole of the State of Madhya Pradesh. (3) These Regulations shall come into force on 1.4.2017 or from the date of notification whichever is later and unless reviewed earlier or extended by the Commission, shall remain in force for a period of 5 years from the date of commencement. ### 2. Definitions. (1) In these Regulations, unless the context otherwise requires, (a) 'Act' means the Electricity Act, 2003 (36 of 2003); (b) 'Auxiliary Energy Consumption' or 'AUX' in relation to a period in case of a generating station means the quantum of energy consumed by auxiliary equipment of the generating station, and transformer losses within the generating station, expressed as a percentage of the sum of gross energy generated at the generator terminals of all the units of the generating station; (c) 'Bagasse' means waste produced as a by-product of processing operations in sugar industry; (d) 'Bagasse based Co-generation' means the process in which more than one form of energy (such as steam and electricity) are produced in a sequential manner by use of bagasse; (e) 'Biomass' means wastes produced during agricultural and forestry operations (for example straws and stalks) or produced as a by-product of processing operations of agricultural produce (e.g., husks, shells, deoiled cakes, etc); wood produced in dedicated energy plantations or recovered from wild bushes/weeds and the wood waste produced in some industrial operations; (f) 'Biogas' means a gas created when organic matter like crop residues, sewage, Cow Dung and manure breaks down in an oxygen-free environment (ferments); (g) 'Commission' means the Madhya Pradesh Electricity Regulatory Commission referred to in sub-section (1) of Section 82 of the Act; (h) 'Conduct of Business Regulations' means the Madhya Pradesh Electricity Regulatory Commission (Conduct of Business) (Revision-I) Regulations, 2016 as amended from time to time; (i) 'Control Period or Review Period' means the period during which the norms for determination of tariff specified in these Regulations shall remain valid; (j) 'Gross Calorific Value' or GCV' in relation to a fuel used in generating station means the heat produced in kCal by complete combustion of one killogram of solid fuel or one liter of liquid fuel or one standard cubic meter of gaseous fuel, as the case may be; (k) 'Generation from MSW' means the energy generated by incineration of Municipal Solid Waste; (l) 'Hybrid Power Plant' means the power plant that uses more than one form of energy as input sources for electricity generation; (m) 'Installed capacity' means the summation of the name plate capacities of all the units of the generating station or the capacity of the generating station (reckoned at the generator terminals), approved by the Commission from time to time; (n) 'Inter-connection Point' shall mean interface point of renewable energy generating facility with the transmission system or distribution system, as the case may be: i. 'in relation to wind energy projects and Solar Photovoltaic Projects, inter-connection point shall be line isolator on outgoing feeder on HV side of the pooling sub-station; ii. in relation to small hydro power, biomass power and non fossil fuel based cogeneration power projects and Solar Thermal Power Projects the, inter-connection point shall be line isolator on outgoing feeder on HV side of generator transformer; (o) 'Inadvertent Energy' means the power other than the contracted power and flows in the grid by displacement; (p) 'MNRE' means the Ministry of New and Renewable Energy of the Government of India; (q) 'Non-firm Power' means the power generated from renewable sources, the hourly variation of which is dependent upon nature's phenomenon like sun, cloud, wind, etc., that cannot be accurately predicted; (r) 'Operation and Maintenance Expenses' or 'O&M expenses' means the expenditure incurred on operation and maintenance of the project, or part thereof, and includes the expenditure on manpower, repairs, spares, consumables, insurance and overheads; (s) 'Project' means a generating station or the evacuation system upto inter-connection point, as the case may be, and in case of a small hydro generating station includes all components of generating facility such as dam, intake water conductor system, power generating station and generating units of the scheme, as apportioned to power generation; (t) 'Renewable Energy' means 'the grid quality electricity generated from renewable energy sources; (u) 'Renewable Energy Power Plants' means the power plants other than the conventional power plants generating grid quality electricity from renewable energy sources; (v) 'Renewable Energy Sources' means renewable sources such as small hydro, wind, solar including its integration with combined cycle, biomass, bio fuel cogeneration, urban or municipal waste and other such sources as approved by the MNRE; (w) 'Small Hydro' means Hydro Power projects with a station capacity up to and including 25 MW; (x) 'Station Heat Rate' or SHR' means the heat energy input in kCal 'required to generate one KWH of electrical- energy at generator terminals of a thermal generating station; (y) 'Solar PV Power' means the Solar Photo Voltaic power project that uses sunlight for direct conversion into electricity through. Photo Voltaic technology; (z) 'Solar Thermal Power' means the Solar Thermal Power Project that uses sunlight for direct conversion into electricity through Concentrated Solar Power technology based on either line focus or point focus principle; (za) 'Useful Life' in relation to unit of a generating station including evacuation system shall meat} the following duration from the Date of Commercial Operation (COD) of such generation facility, namely:- \| \| \| \| --- \| --- \| \| (a) Wind energy power project \| 25 years \| \| (b) Biomass power project with Rankine cycle technology \| 20 years \| \| (c) Bagasse based cogeneration project \| 20 years \| \| (d) Small Hydro Power Plant \| 35 years \| \| (e) Solar PV/Solar thermal power project \| 25 years \| \| (f) Biogas based power project \| 20 years \| \| (g) Municipal Solid Waste Power Project \| 20 years \| (zb) 'Year' means a financial year. (2) Words and expressions used but not used in these Regulations shall have 'the same meaning as assigned to them in the Act. ### 3. Scope and extent of application. - These Regulations shall apply in all cases where tariff, for a generating station or a unit thereof based on renewable sources of energy, is to be determined by the Commission under Section 62 read with Section 86 of the Act. Provided that these Regulations shall apply subject to the fulfillment of eligibility criteria specified in Regulation 4 of these Regulations. ### 4. Eligibility Criteria. (a) Wind power project - using new wind turbine generators. (b) Small hydro project - located at the sites approved by State Nodal Agency/ State Government using new plant and machinery, and installed power plant capacity to be lower than or equal to 25 MW at single location. (c) Biomass power project based on Rankine cycle technology - Biomass power projects using new plant and machinery based on Rankine cycle technology and using biomass fuel sources. (d) Bagasse based co-generation project - The project shall qualify to be termed as a bagasse based co-generation project, if it meets the qualifying requirement of a cogeneration project; (e) Solar PV arid ' Solar Thermal Power Project - Based on ' Technologies approved by MNRE. (t) Biogas based Power Project - The project shall qualify to be termed as a biogas based power project, if it is using new plant and machinery and having grid connected system that uses 100% Biogas fired engine, coupled with Biogas technology for co-digesting Cow Dung , vegetable waste and other bio waste as may be approved by MNRE. (g) Municipal Solid Waste Power Project - Based on incineration of Municipal Solid Waste as approved by MNRE. Chapter 1 General Principles --------------------------------- ### 5. Control Period or Review Period. - The Control Period or Review Period under these Regulations shall be of five years w.e.f. 01.04.2017 or from the date of order, whichever is later. Provided that the benchmark capital cost for Solar PV and Solar thermal projects may be reviewed from time to time as the Commission deems it necessary; Provided also that the tariff determined as per these Regulations for the RE projects commissioned during the Control Period, shall continue to be applicable for the entire duration of the 'useful life' as specified in these Regulations; Provided also that in case Regulations for the next Control Period are not notified until commencement of next Control Period, the tariff norms as per these Regulations shall continue to remain applicable until notification of the revised Regulations. ### 6. Project Specific tariff. (a) The Commission may determine Project specific tariff, on case to case basis, as and when situation arises.: (b) Determination Project specific Tariff for generation of electricity from such renewable energy sources shall be in accordance with such terms and conditions as-stipulated under relevant Orders of the Commission. Provided that the financial norms as specified under Chapter-2 of these Regulations, except for capital cost, shall be ceiling norms while determining the project specific tariff. ### 7. Petition and proceedings for determination of Tariff. (1) The Commission shall determine the generic tariff on the basis of suo motu petition for renewable energy technologies for which norms have been specified under the Regulations. (2) Notwithstanding anything contained in these Regulations, (a) the generic tariff determined for Solar PV projects based on the capital cost and other norms applicable for any year of the control period shall also apply for such projects during the next year; and (b) the generic tariff determined for Solar thermal projects based on the capital cost and other norms for the any year of the control period shall also apply for such projects during the next two years, Provided that (i) the Power Purchase Agreements in respect of the Solar PV projects and Solar thermal projects as mentioned in this clause are signed on or before last day of the year for which generic tariff is determined; and (ii) the entire capacity covered by the Power Purchase Agreements is commissioned on or before 31st March of the next year in respect of Solar PV projects and on or before 31st March of subsequent two years in respect of Solar thermal projects. (3) A petition for determination of project specific tariff shall be accompanied by such fee as may be determined by Regulations and shall be accompanied by: (a) detailed project report outlining technical and operational details, site specific aspects, premise for capital cost and financing plan etc. (b) a Statement of all applicable terms and conditions and expected expenditure for the period for which tariff is to be determined. (c) a statement containing full details of calculation of any subsidy and incentive received, due or assumed to be due from the Central/State Government. This statement shall also include the proposed tariff calculated without consideration of the subsidy and incentive. (d) any other information that the Commission requires the petitioner to submit. (4) The proceedings for determination of tariff shall be in accordance with the MPERC(Conduct of Business) (Revision-I) Regulations, 2016. ### 8. Tariff Structure. (1) The tariff for renewable energy technologies shall consist of the following fixed cost components: (a) Capital Cost; (b) Return on equity; (c) Interest on loan capital; (d) Depreciation; (e) Interest on working capital; (f) Operation and maintenance expenses; (2) For renewable energy technologies having fuel cost component, like biomass/MSW power projects etc., the fuel cost shall be determined as variable cost component. ### 9. Tariff Design. (1) The generic tariff shall normally be determined on levelled basis. (2) For the purpose of levelled tariff computation, the discount factor equivalent to Post Tax weighted average cost of capital shall be considered. (3) Levelisation shall be carried out for the 'useful life' of the Renewable Energy project. ### 10. Despatch principles for electricity generated from Renewable Energy Sources. (1) The biomass power generating station and bagasse 'based co-generation power projects with an installed capacity of 2 MW and above shall be subjected to scheduling and despatch principles as specified under Indian Electricity Grid Code (IEGC) and also subjected to "merit' order dispatch". (2) Wind power generation plants where the sum of generation capacity of such plants connected at the connection point to the transmission or distribution system is 10 MW and above and connection point is 33 KV and above shall be subjected to scheduling and despatch code as specified under Indian Electricity Grid Code (IEGC) -2010, as amended from time to time. (3) Solar generating plants with capacity of 5 MW and above and connected at the connection point of 33 KV level and above shall be subjected to scheduling and despatch code as specified under Indian Electricity Grid Code (IEGC) - 2010, as amended from time to time. (4) All other renewable energy power plants shall be subjected to 'scheduling' and 'merit order despatch' principles as and when decided by the Commission. Chapter 2 Financial Principles ----------------------------------- ### 11. Capital Cost. - The norms for the Capital cost as specified in the subsequent technology specific chapters shall be inclusive of all capital work including plant and machinery, civil work, erection and commissioning, financing and interest during construction, and evacuation infrastructure up to inter-connection point; Provided that for project specific tariff determination, the generating company shall submit the break-up of capital cost items along with its petition in the manner specified under Regulation 8. ### 12. Debt Equity Ratio. (1) For generic tariff to be determined based on suo-motu petition, the debt equity ratio shall be 70:30. (2) For Project specific tariff, the following provisions shall apply:- If the equity actually deployed is more than 30% of the capital cost, equity in excess of 30% shall be treated as normative loan. Provided that where equity actually deployed is less than 30% of the capital cost, the actual equity shall be considered for determination of tariff: Provided further that the equity invested in foreign currency shall be designated in Indian rupees on the date of each investment. ### 13. Loan and Finance Charges. (1) Loan Tenure For the purpose of determination of tariff, loan tenure of 10 years shall be considered. (2) Interest Rate (a) The loans arrived at in the manner indicated in the Regulation 13 shall be considered as gross normative loan for calculation for interest on loan. (b) For the purpose of computation of tariff, the normative interest rate shall be considered as may be estimated by the Commission. (c) Notwithstanding any moratorium period availed by the generating company, the repayment of loan shall be considered from the first year of commercial operation of the project and shall be equal to the annual depreciation allowed. ### 14. Depreciation. (1) The value base for the purpose of depreciation shall be the Capital Cost of the asset admitted by the Commission. The Salvage value of the asset shall be considered as 10% and depreciation shall be allowed up to maximum of 90% of the Capital Cost Of the asset. (2) Depreciation per annum shall be computed on 'Straight Line Method'. The depreciation rate for the first 10 years of the Useful life shall be 7 % per annum and the remaining depreciation shall be spread over the remaining useful life of the project from 11th year onwards. (3) Depreciation shall be chargeable from the first year of commercial operation. ### 15. Return on Equity. (1) The value base for the equity shall be 30% of the capital cost or actual equity (in case of project specific tariff determination) as determined under Regulation 13. (2) The normative Return on Equity shall be at 20% per annum for the useful life of the project. ### 16. Interest on Working Capital. (1) The Working Capital requirement in respect of wind energy projects, Small Hydro Power, Solar PV and Solar thermal power projects shall be computed in accordance with the following: Wind Energy / Small Hydro Power /Solar PV / Solar thermal (a) Operation & Maintenance expenses for one month; (b) Receivables equivalent to 2 (Two) months of energy charges for sale of electricity calculated on the normative CUF; (c) Maintenance spare @ 15% of operation and maintenance expenses (2) The Working Capital requirement in respect of following power projects shall be computed in accordance as follows: Biomass, Biogas Power, MSW and Bagasse based Co-generation (a) Fuel costs for four months equivalent to normative PLF; (b) Operation & Maintenance expense for one month; (c) Receivables equivalent to 2 (Two) months of fixed and variable charges for sale of electricity calculated on the target PLF; (d) Maintenance spare @ 15% of operation and maintenance expenses (3) Interest on Working Capital shall be at interest rate estimated by the Commission. ### 17. Operation and Maintenance Expenses. (1) 'Operation and Maintenance or O&M expenses' shall comprise of repairs and maintenance (R&M), establishment including employee expenses and administrative & general expenses. (2) Operation and maintenance expenses shall be determined based on normative O&M expenses as specified by the Commission subsequently in these Regulations for the first Year of Control Period. (3) Normative O&M expenses allowed during first year of the Control Period under these Regulations shall be escalated at the rate of 5.72% per annum over the Useful life of the project. ### 18. Sharing of CDM Benefits. (1) The proceeds of carbon credit from approved CDM project shall be shared between generating company and concerned beneficiaries in the following manner, namely - (a) 100% of the gross proceeds on account of CDM benefit to be retained by the project developer in the first year after the date of commercial operation of the generating station; (b) In the second year, the share of the beneficiaries shall be 10% which shall be progressively increased by 10% every year till it reaches 50%, where after the proceeds shall be shared in equal proportion, by the generating company and the beneficiaries. ### 19. Subsidy or incentive by the Central / State Government. - The Commission shall indicate in the tariff order whether any incentive or subsidy offered by the Central or State Government is taken into consideration or not. However, the accelerated depreciation benefit if availed by the generating company, for the renewable energy power plants shall be taken into consideration while determining the tariff under these Regulations. ### 20. Discounting Factor. - The Commission shall indicate the discounting factor in the tariff order for the purpose of working out the Levelized tariff for the useful life of the project. ### 21. Taxes and Duties. - Tariff determined under these Regulations shall be exclusive of taxes and duties as may be levied by the appropriate Government: Provided that the taxes and duties levied by the appropriate Government shall be allowed as pass through on actual incurred basis. Chapter 3 Technology specific parameters for Wind Energy ------------------------------------------------------------- ### 22. Capital Cost. (1) The capital cost for wind energy project shall include Wind turbine generator including its auxiliaries, land cost, site development charges and other civil works, transportation charges, evacuation cost up to inter-connection point, financing charges and Interest During Construction. (2) The capital cost for wind energy projects shall be Rs. 575 Lakh/MW, which can be revised for future Control Period looking to the technological advancement. ### 23. Capacity Utilisation Factor (CUF) . (1) UT norms shall be considered at 23% or more. The M.P. Power. Management Co. Ltd. shall invariably provide monthly data of generation of units by the Wind Electric Generators projects to the Commission by 20th of each month following the month of generation. ### 24. Operation and Maintenance (O & M) Expenses. (1) Normative O&M expenses for the first year of operation shall be 1% of the capital cost per MW. (2) Normative O&M expenses allowed under these Regulations shall be escalated at the rate of 5.72% per annum over the useful life to compute the levelised tariff. Chapter 4 Technology specific parameters for Small Hydro Project --------------------------------------------------------------------- ### 25. Capital Cost. (1) The normative capital cost for small hydro projects during the Control Period shall be as follows: \| \| \| \| --- \| --- \| \| Project Size \| Capital Cost ( Rs. in Lakh/ MW) \| \| Below 5 MW \| 650 \| \| 5 MW to 25 \| MW \| ### 26. Capacity Utilisation Factor. - Capacity utilisation factor for the small hydro projects shall be 30%. ### 27. Auxiliary Consumption. - Normative Auxiliary Consumption for the small hydro projects shall be 1.0%. ### 28. Operation and Maintenance Expenses. - Normative Operation and Maintenance (O&M) expenses during the Control period shall be at 3% of the capital cost in first year of the project with an escalation at the rate of 5.72% per annum for the balance useful life of the project for the purpose of determination of tariff. Chapter 5 Technology specific parameters for Biomass Power Projects based on Rankine Cycle Technology ---------------------------------------------------------------------------------------------------------- ### 29. Capital Cost. - The normative capital cost for the biomass power projects based on Rankine cycle shall be Rs. 475 Lakh/MW during the Control Period. ### 30. Plant Load Factor. - The Plant Load Factor for the purpose of determination of Tariff shall be: \| \| \| \| --- \| --- \| \| (a) During the first year of operation: \| 65% \| \| (b) From 2nd Year onwards \| 80% \| ### 31. Auxiliary Consumption. - The auxiliary power consumption factor shall be 10% for the determination of tariff. ### 32. Station Heat Rate. - The Station Heat Rate for biomass power projects shall be 3800 k Cal/KWH. ### 33. Operation and Maintenance Expenses. - Normative O&M expenses for the first year of operation during the control period shall be at 4% of the capital cost and shall be escalated at the rate of 5.72% per annum during the balance useful life of the project. ### 34. Fuel Mix. - The biomass power plant shall be designed in such a way that it uses different types of an-fossil fuels (except Bagasse) available within the vicinity of biomass power project such as crop residues, agro-industrial residues, forest residues etc. and other biomass fuels as may be approved by MNRE. ### 35. Use of Fossil Fuel. - The use of fossil fuels (coal) shall not be allowed. ### 36. Gross Calorific Value. - The Gross Calorific Value of the biomass fuel used (except Bagasse) for the purpose of determination of tariff shall be at 3600 kCal/kg. ### 37. Fuel Cost. - Biomass fuel (except Bagasse) price during first year of operation shall be at Rs. 25.00 per tonne and for each subsequent year of the useful life, the normative escalation factor of 5% per annum shall be applicable. Chapter 6 Technology specific parameters for Bagasse based Cogeneration Projects ------------------------------------------------------------------------------------- ### 38. As defined in the Electricity Act, 2003, the cogeneration means a process which simultaneously produces two or more forms of useful energy (including electricity). In bagasse based cogeneration projects, the bagasse is burnt to produce steam. This steam is used in production of sugar as a primary process. Also, it is used to run the turbine generator to produce electricity as a secondary process. The sugar industry uses the electricity so produced for its own consumption and the surplus energy, if any, will be available for sale either to third party or to the grid. ### 39. The number of operating days for such projects shall be 150 days (crushing) + 60 days (off-season) = 210 days operating days. ### 40. The tariff for such inadvertent power supplied to the grid shall be at the rate as determined by the Commission during the control period. ### 41. The tariff for such inadvertent power supplied to the grid shall be at the rate as determined by the Commission during the control period subject to the condition that it shall not be more than the rate as determined for the inadvertent power for other renewable sources of energy. Chapter 7 Technology specific parameters for Solar Photovoltaic Power Project ---------------------------------------------------------------------------------- ### 42. Technology Aspects. - Norms for Solar Photovoltaic (PV) power under these Regulations shall be applicable for grid connected PV systems that directly convert solar energy into electricity and are based on the technologies such as crystalline silicon or thin film etc. as may be approved by MNRE. ### 43. Capital Cost. - The normative capital cost for setting up Solar Photovoltaic Power Project shall be Rs. 530 Lakh/MW for the control period unless amended. ### 44. Capacity Utilisation Factor. - The Capacity utilisation factor for Solar PV project shall be 19%. ### 45. Operation and Maintenance Expenses. (1) The O&M Expenses shall be Rs. 7 Lakh/MW for the 1st year of operation. (2) Normative O&M expenses shall be escalated from 2nd year onwards at the rate of 5.72% per annum. ### 46. Auxiliary Consumption. - The auxiliary consumption factor shall be 0.25%. ### 47. The tariff determined based on the norms shall be the maximum tariff and the M.P. Power Management Co. Ltd. on behalf of the Distribution Licensee shall invite bids from Generators/ Developers. The Generators/ Developers bidding lowest tariff will be allowed to install the power plant within Madhya Pradesh for selling the generated power to the Distribution Licensees. Chapter 8 Technology specific parameters for Solar Thermal Power Project ----------------------------------------------------------------------------- ### 48. Technology Aspects. - Norms for Solar thermal power under these Regulations shall be applicable for Concentrated solar power (CSP) technologies viz. line focusing or point focusing, as may be approved by MNRE, and uses direct sunlight, concentrating it several times to reach higher energy densities and thus higher temperatures whereby the heat generated is used to operate a conventional power cycle to generate electricity. ### 49. Capital Cost. - The normative capital cost for setting up Solar Thermal Power Project shall be Rs. 1200 Lakh/MW for the control period unless amended. ### 50. Capacity Utilisation Factor (CUF) . - The Capacity Utilisation Factor shall be 23%. ### 51. Operation and Maintenance Expenses. (1) The O&M Expenses shall be 1% of capital cost for the 1st year of operation. (2) Normative O&M expenses shall be escalated from 2nd year onwards at the rate of 5.72% per annum. ### 52. Auxiliary Consumption. - The auxiliary consumption factor shall be 6.5%. ### 53. The tariff determined based on the norms shall be the maximum tariff and the M.P. Power Management Co. Ltd. on behalf of the Distribution Licensee shall invite bids from Generators/ Developers. The Generators/ Developers bidding lowest tariff will be allowed to install the power plant within Madhya Pradesh for selling the generated power to the Distribution Licensees. Chapter 9 Technology specific parameters for Biogas based Power Projects ----------------------------------------------------------------------------- ### 54. Technology Aspect. - The norms for tariff determination specified hereunder are for grid connected biogas based power projects that uses 100% Biogas fired engine, coupled with Biogas technology using Cow Dung, vegetable waste etc. ### 55. Capital Cost. - The normative capital cost for such biogas based power project shall be Rs. 950 Lakh/MW during the Control Period. ### 56. Plant Load Factor. - The Plant Load Factor for determination of tariff shall be 70% during first year of operation and 80 % from 2nd year onwards. ### 57. Auxiliary Consumption. - The auxiliary power consumption factor shall be 10% for determination of tariff. ### 58. Operation and Maintenance Expenses. (1) Normative O&M expenses per MW for the first year of operation shall be 4% of the capital cost. (2) Normative O&M expenses shall be escalated from 2nd year onwards at the rate of 5.72% per annum. ### 59. Specific Fuel Consumption. - Normative specific fuel consumption shall be 10.7 kg/KWH. ### 60. Fuel Cost. - Fuel cost during the first year of operation shall be Rs. 175/MT. This shall be escalated from 2"d year onwards at 5.72% per annum. ### 61. Income from Manure. - The income from manure shall be considered at Rs. 1.5 per Kg. or more during the control period. Chapter 10 Technology specific parameters for Municipal Solid Waste Power Projects --------------------------------------------------------------------------------------- ### 62. Capital Cost. - The normative capital cost for the Municipal Solid Waste power projects shall be Rs. 1500 Lakh/MW during the Control Period. ### 63. Plant Load Factor. - The Plant Load Factor for the purpose of determination of Tariff shall be: (a) During the first year of operation : 65% (b) From 2nd Year onwards : 75% ### 64. Auxiliary Consumption. - The auxiliary power consumption factor shall be 15% for the determination of tariff. ### 65. Operation and Maintenance Expenses. - Normative O&M expenses for the first year of operation during the Control period shall be at 5% of the capital cost and shall be escalated at the rate of 5.72% per annum during the balance useful life of the project. ### 66. Other Costs. - The fuel cost in such projects shall not be considered in line with CERC. Therefore, related norm like Station Heat Rate, Fuel cost escalation, Gross Calorific Value etc are not applicable. Chapter 11 Miscellaneous ----------------------------- ### 67. Deviation from norms. - Tariff for sale of electricity generated from a generating station based on renewable energy sources, may also be agreed between a generating company and a licensee, in deviation from the norms specified in these Regulations subject to the conditions that the levelled tariff over the useful life of the project on the basis of the norms in deviation does not exceed the levelled tariff calculated on the basis of the norms specified in these Regulations. ### 68. The preferential tariffs as determined by the Commission for the aforesaid renewable sources of energy (other than solar) shall also be subject to bidding after the date of issue of notification by the Central Government in terms of the Tariff Policy, 2016: ### 69. Power to amend. - The Commission may by general or special order, for reasons to be recorded in writing, and after giving an opportunity of hearing to the parties likely to be affected may amend any of the provisions of these Regulations on its own motion or on an application made before it by an interested person.
65ba4a9eab84c7eca86eae87	acts	State of Kerala - Act ----------------------- The Kerala Agricultural Income Tax Act, 1991 ---------------------------------------------- KERALA India The Kerala Agricultural Income Tax Act, 1991 ============================================== Act 15 of 1991 ---------------- * Published on 31 March 2017 * Commenced on 31 March 2017 The Kerala Agricultural Income Tax Act, 1991 (Act No. 15 of 1991 ) Last Updated 23rd November, 2019 An Act to provide for the levy of tax on Agricultural Income in the State of Kerala. Preamble. - Whereas it is expedient to provide for the levy of tax on Agricultural Income in the State of Kerala; Be it enacted in the Forty-second Year of the Republic of India as follows: - Chapter I Preliminary -------------------------- ### 1. Short title, extent and commencement. (1) This Act may be called the Kerala Agricultural Income Tax Act, 1991. (2) It extends to the whole of the State of Kerala. (3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint. ### 2. Definitions. - In this Act unless the context otherwise requires, (1) "agricultural income" means- (a) any rent or revenue derived from land Which is used for agricultural purposes; (b) any income derived from such land by- (i) agriculture, or (ii) the performance by a cultivator or receiver of rent-in-kind of any process ordinarily employed by a cultivator or receiver of rent-in-kind to render the produce raised or received by him ,fit to be taken to market, or (iii) the sale by a cultivator or receiver of rent-in-kind of the produce raised or received by him, in respect of which no process has been performed other than a process of the nature described in sub-clause (ii); (c) any income derived from any building owned and occupied by the receiver of the rent or revenue of any such land, or occupied by the cultivator or the receiver of rent-in-kind, of any land with respect to which, or the produce of which, any operation mentioned in sub-clauses (ii) and (iii) of clause (b) is carried on: Provided that- (i) the building is on or in the immediate vicinity of the land, and is a building which the receiver of the rent or revenue or the cultivator, or the receiver of rent-in-kind, by reason of his connection with the land, requires as a dwelling house, or as a store-house, or other out-building, and (ii) the land is either assessed to land revenue or is subject to a local rate assessed and collected by officers of the Government as such or, where the land is not so assessed to land revenue or subject to a local rate it is not situated- (A) in any area, which is comprised within the jurisdiction of a municipality (whether known as a municipality, municipal corporation, notified area Committee, town area Committee, town Committee or by any other name) or a cantonment board and which has a population of not less than ten thousand according to the last preceding census of which the relevant figures have been published before the first day of the previous year; or (B) in any area within such distance, not being more than eight kilometers, from the local limits of any municipality or cantonment board referred to in item (A), as may be specified by the Central Government under the proviso to sub-clause (c) of clause (1) of Section 2 of the Income Tax Act, 1961 (Central Act 43 of 1961); (2) "Agricultural Income tax" means the tax payable under this Act; (3) "Agricultural Income tax Inspector" means a person appointed to be an Agricultural Income tax Inspector under section 24; (4) "Agricultural Income tax Officer" means a person empowered as Agricultural Income tax Officer under section 24; (5) "Deputy Commissioner (Appeals)" means a person appointed to be a Deputy Commissioner (Appeals) of Agricultural Income tax under section 24; (6) "Appellate Tribunal" means the Appellate Tribunal appointed under section 73; (7) "assessee" means a person by whom any tax or any other sum of money is payable under this Act, and includes: (i) every person in respect of whom any proceeding under this Act has been taken for the assessment of his income or of the income of any other person in respect of which he is assessable, or of the loss sustained by him or by such other person; or of the amount of refund due to him or to such other person; (ii) every person who owns or possesses any land in which any crop is grown, the agricultural income of which is liable to tax under the provisions of this Act either on his own account or on account of others; (iii) every person who is deemed to be an assessee under any provision of this Act; (iv) every person who is deemed to be an assessee in default under any provision of this Act; (8) "assessment" includes reassessment; (9) "assessment year" means the period of twelve months commencing on the 1st day of April every year; (10) "Board of Revenue" means the Board of Revenue constituted under the Kerala Board of Revenue Act, 1957 (7 of 1957); (11) "Collector" means the Collector or other officer appointed by the Government by name or by virtue of his office to exercise the powers and perform the functions of a Collector under the Kerala Revenue Recovery Act, 1968; (12) "Commissioner" means the person appointed to be the Commissioner of Agricultural Income tax under Section 24 and includes any other officer authorised by the Government to exercise the powers and perform the functions of the Commissioner under this Act, (13) "Company" means a domestic company or a foreign company; (14) "Domestic company" means a company formed and registered under the Companies Act, 1956 (Central Act 1 of 1956) and includes a company formed and registered under any law relating to companies formerly in force in any part of India and having its registered office in India, and any Corporation or Board formed by or under Central or any State enactment; (15) "Deputy Commissioner" means a person appointed to be a Deputy Commissioner of Agricultural Income tax under Section 24; (16) "Firm", "Partner" and "Partnership" have the same meanings respective assigned to them in the Indian Partnership Act, 1932 (Central Act IX of 1932), but the expression "Partner" shall also include any person who, being a minor, has been admitted to the benefits of partnership; (17) "Foreign Company" moans a foreign company within the meaning of Section 591 of the Companies Act, 1956 (Central Act 1 of 1956) and includes any foreign association whether incorporated or not, which the Government may, by general or special order, declare to be a foreign company for the purposes of the Act; (18) "Inspecting Assistant Commissioner" means a person appointed to be an Inspecting Assistant Commissioner of Agricultural Income tax under Section 24; (19) "Legal representative" has the meaning assigned to it in clause (11) of Section 2 of the Code of Civil Procedure, 1908 (Central Act V of 1908); (20) "Person" means any individual or association of individuals owning, possessing or holding property for himself or for any other, or partly for his own benefit and partly for another, either as owner, possessor, trustee, receiver, common manager, administrator or executor or in any capacity and includes a firm or a company, an association of individuals, whether incorporated or not, and any institution capable of holding property; (21) "prescribed" means prescribed by rules made under this Act; (22) "previous year" means the financial year immediately preceding the assessment year; Provided that in the case of a person who newly derives agricultural income during the financial year, the previous year shall be the date from which the agricultural income is newly received and ending with the 31st day of March following: Provided further that the previous year in relation to the assessment year commencing on the 1st day of April, 1991 shall be the period which begins with the date immediately following the last day of the previous year relevant to the assessment year commencing on the 1st day of April, 1990 and ending with the 31st day of March, 1991. Provided also that in the case of an assessee coming under the second proviso where such period exceeds twelve months, the tax shall be calculated on the total agricultural income at the average rate of tax applicable to the total agricultural income for the twelve months ending on the 31st day of March 1991, Provided also that when the previous year exceeds a period of twelve months or less than twelve months the prorata depreciation shall be allowed for such period. (23) "Principal Officer," used with reference to a local authority or a company or any other public body or any association of persons or any body of individuals means:- (a) the secretary, treasurer, manager, agent or officer of the local authority, company, association or body, or (b) any person connected with the management or administration of the local authority, company, association or body upon whom the Agricultural Income Tax Officer has served notice of his intention of treating him as the principal officer thereof; (23a) "Settlement Commission" means the Settlement Commission appointed under section 74A; (24) "tax" means Agricultural Income Tax payable under this Act; (25) "tenants-in-common" means two or more persons owning or managing property jointly, having therein equal or un-equal shares either by the same or different titles or by interstate succession; (26) "total agricultural income" means the aggregate of all agricultural income mentioned in section 4 and computed in accordance with the provisions of this Act; Chapter II Charge of Agricultural Income Tax ------------------------------------------------- ### 3. Charge of agricultural Income tax. (1) Tax at the rate or rates specified in the Schedule to this Act shall be charged for each assessment year in accordance with and subject to the provisions of this Act, on the total agricultural income of the previous year of every person. Provided that no tax is payable by any person other than a company or a firm where the total extent of landed properties, the agricultural income from which is assessable at his hands under the provisions of this Act do not exceed five hectares. ### 4. Total Agricultural Income. (1) Subject to the provisions of this Act, the total agricultural income of the previous year of any person comprises of all agricultural income derived from land situated within the State and received by him within or outside the State, but does not include, - (a) any agricultural income derived from land situated outside the State. (b) any agricultural income derived by cultivation of paddy, tapioca, plantain, ginger, ragi, pulses, sesamum, vegetable, sweet potato, tubers, sugarcane, jack, mango, pineapple, orchid, or other flowers, vanila, turmeric and guava, (c) share income received by a partner from any firm on which tax has been paid by the firm. (2) The following income shall be deemed to be agricultural income received in the previous year, namely: - (i) any amount received in the previous year from the Indian Coffee Board in respect of Coffee delivered in any year for sale in pool auction, excluding any amount on which tax was levied in any previous year; (ii) where an allowance or deduction has been made in the assessment for any year in respect of loss, expenditure or liability incurred by the assessee; and where the assessee has obtained either in cash or in any other manner any amount In respect of such loss, expenditure or some benefit in respect of such liability during the previous year the amount obtained by him or the value of benefit accrued to him; (iii) any amount received in the previous year in respect of bad debts written off in any Previous year regarding which deduction under clause (j) of section 5 has been allowed. Chapter III Computation of Agricultural Income --------------------------------------------------- ### 5. Computation of Agricultural Income. - The agricultural income of a person shall be computed after making the following deductions, namely: - (a) (i) any sum paid in the previous year on account of land revenue or any tax in lieu thereof due to the Government; (ii) local rates and cess and municipal taxes in respect of the land from which the agriculture income is derived; (b) any rent paid in the previous year in respect of the land from which the agricultural income is derived; (c) any expense incurred in the previous year on the maintenance of any irrigation or protective work constructed for the benefit of the land from which the agricultural income is derived. Explanation. - "Maintenance" includes repairs and all such work, as may be necessary from year to year for repairing any damage or destruction caused to protective dykes and embankments by flood or other natural causes; (d) any expenses incurred in the previous year on repairs in respect of any capital asset which was purchased or constructed for the benefit of the land from which agricultural income is derived; (e) any interest paid in the previous year on any amount borrowed and actually spent on any capital expenditure incurred for the benefit of the land from which the agricultural income is derived; (f) any interest paid in the previous year on any debt, whether secured or not incurred for the purposes of acquiring the land from which the agricultural income is derived; (g) any interest paid in the previous year in respect of agricultural loans taken and expended on the land from which agricultural income is derived; (h) any interest paid on any amount borrowed and actually spent for the purpose of reclaiming, improving or cultivating the property from which agricultural income is derived; (i) any sum paid to an employee as bonus or commission for services rendered for deriving agricultural income where such sum would not have been payable to him as profit or dividend, if it had not been paid as bonus or commission: Provided that the deduction in respect of bonus paid to an employee employed in factory or other establishment to which the provisions of the Payment of Bonus Act, 1965 (Central Act 21 of 1965), apply, shall not exceed the amount of bonus payable under that Act: Provided further that the amount of bonus (not being bonus referred to in the preceding proviso) or commission is reasonable with reference to:- (i) the pay of the employee and the conditions of his service; (ii) the profits for the previous year in question; and (iii) the general practice prevalent in similar cases ; (j) the amount of any debt or part thereof, which is proved to have become a bad debt in the previous year, subject to the following conditions, namely:- (1) no such deduction shall be allowed unless such debt or part thereof- (i) has been taken into account in computing the agricultural income of the assessee of that previous year; or of an earlier previous year; and (ii) has been written off as irrecoverable in the accounts of the assessee for that previous year; (2) any such debt or part thereof may be deducted if it has already been written off as irrecoverable in the accounts of an earlier previous year not falling beyond a period of four years immediately preceding the previous year, but the Agricultural income tax Officer, had not allowed it to be deducted on the ground that it had not been established to have become a bad debt in that year: Provided that any amount received in respect of bad debts written off in any year shall be deemed to be agricultural income of the year in which it is received and shall be liable to tax; (k) any sum paid during the previous year to an employee as gratuity in accordance with the provision of the payment of Gratuity Act, 1972 (Central Act 39 of 1972) less such amount if any claimed in any previous year towards provision for gratuity in respect of such employee; (l) any expenditure not being in the nature of capital expenditure or personal expenses of the assessee laid out or expended wholly and exclusively for the purpose of deriving the agricultural income; (m) such other deductions including replantations allowance, subject to such limits, conditions or restrictions as may be prescribed generally or in particular cases; (n) in the case of agricultural income derived from land referred to in sub-clause (a) of clause (1) of Section 2- (i) any expenses incurred in the previous year in the collection of agricultural income; (ii) any expenses incurred in the previous year on account of repairs in respect of any capital asset used in connection with the collection of rent due in respect of the land from which the agricultural Income is derived; (o) in the case of agricultural income referred to in sub-clause (b) of clause (1) of Section 2- (i) the expenses other than capital expenditure, incurred in the previous year for cultivating the crop from which the agricultural income is derived and for transporting such crop to market including the, maintenance of agricultural implements and cattle required for such cultivation and transport or both; (ii) any tax, cess or rate paid on the cultivation or sale of the crop from which such agricultural income is derived; (iii) the cost incurred in the previous year in the purchase or replacement cattle or implements, which are necessary for cultivation, to such extent, as may be prescribed, less the amount realised by sale of the cattle or implements replaced or their estimated value; (iv) any sum paid in the previous year in order to effect:- (1) an insurance against loss or damage of crops or property from which the agricultural income is derived or an insurance against loss or damage in respect of building machinery, plant and furniture necessary for the purpose of deriving agricultural income; (2) emergency risk insurance, workmen's compensation insurance, money in transit insurance, case in safe insurance, consequential loss of profit insurance or personal accidents insurance for the purpose of deriving agricultural income; (v) any expenses incurred in the previous year on the maintenance of any capital asset if such maintenance is required for the purpose of deriving the agricultural income: Provided that no deduction shall be made under this Section if it has already been made in the assessment under the income Tax Act, 1961 (Central Act 43 of 1961); (p) Nothing contained in this Section shall be deemed to entitle a person deriving agricultural income to deduction of any expenditure laid out or expended for the cultivation, upkeep or maintenance of immature plants from which no agricultural income is derived during the previous year. Explanation I. - For the purpose of this section 'paid' means actually paid or incurred according to the method of accounting, on the basis of which agricultural income is computed under this section; Explanation II. - In the case of any deduction towards gratuity or bonus, the deduction shall be allowed in the year in which actual payment is made to the employee or to any fund recognised in this behalf by the Government irrespective of the method of accounting employed less any deduction already allowed in the previous year or years in respect of the employee. 7Gratuity and bonus paid before the submission of return will be allowed as deduction in the previous year to which the return relates. ### 6. Amounts not deductible. - Notwithstanding anything contained in Section 5, the following amounts shall not be deducted in computing the agricultural income- (a) any sum paid on account of any rate or tax levied on the agricultural income; (b) any sum by way of interest, salary, bonus, commission or remuneration paid by the firm to any of its partners; (c) in the case of any private limited company, any expenditure incurred which results directly or indirectly in the provisions of any remuneration, or benefit or amenity or perquisite to an employee, if in the opinion of the Agricultural Income Tax Officer any expenditure or allowance is excessive or unreasonable, having regard to the legitimate needs of the company for deriving agricultural Income and the benefit derived by or accruing to it therefrom; (d) Where the assessee incurs any expenditure in respect of which payment has been or is to be made to any person and the Agricultural Income Tax Officer is of opinion that such expenditure is excessive or unreasonable having regard to the fair market value of the services or facilities for which the payment is made, so much of the expenditure as is considered by him to be excessive or unreasonable. ### 7. Depreciation and investment allowance. (1) In respect of depreciation of buildings, machinery, plant or furniture owned by the assessee and used by him for the purpose of deriving the agricultural income the following deductions shall subject to the conditions hereinafter provided be allowed: - (i) such percentage on the written down value of the building, machinery, plant or furniture, as may, in any case or class of cases be prescribed; (ii) where the building has been newly erected or the machinery or plant has been newly installed, a further sum subject to such conditions as may be prescribed: Provided that if the building erected or machinery or plant installed, was not put to use in the year of erection or installation, the further deduction under this clause shall be allowed in the year in which such assets were first put to use: Provided further that the above deductions shall be allowed only if the prescribed particulars have been furnished and the aggregate of all such allowances shall, in no case exceed the original cost to the assessee, of the buildings, machinery, plant or furniture; as the case may be. Explanation: - I. "Plant" includes vehicles and scientific apparatus. II. "Written down value" means- (i) in the case of assets acquired in the previous year, the actual cost to the assessee; (ii) in the case of assets acquired as replacement of the old one, the value realised on the sale of the old asset shall be deducted from the value of the asset acquired; and (iii) in the case of assets acquired before the previous year, the actual cost to the assessee less all depreciations actually allowed to him under this Act or under the Agricultural Income Tax Act, 1950. III. Machinery, plant or furniture obtained by the assessee under hire purchase agreement shall be deemed to be assets owned by the assessee. (2) For assets acquired under the hire purchase system, the depreciation including the initial depreciation provided under subsection (1) shall in no case exceed the installments paid to the seller under the hire purchase system. (3) In the case of assets partly used for agricultural purposes and partly for non-agricultural purposes, the Agricultural Income Tax Officer may allow depreciation in proportion to the use of the asset for agricultural purposes, as he may determine. (4) No deduction under this section shall be made in respect of any asset if any depreciation on the asset is claimed and allowed under the Income Tax Act, 1961 (Central Act 43 of 1961). (5) In respect of a machinery or plant specified by the Government by notification in the Gazette which is owned by the assessee and is wholly used by him for the purpose of deriving agricultural income there shall be allowed a deduction, in respect of, the previous year, in which the machinery or plant is first put to use, a sum by way of investment allowance equal to ten per cent of the actual cost to the assessee of the machinery or plant: Provided that (a) the machinery or plant is a new machinery or plant acquired by the assessee; (b) the particulars specified in the notification by the Government have been duly furnished by the assessee: Provided further that no deduction shall be allowed under this sub-section in respect of- (a) any machinery or plant installed in any office premises or accommodation including any accommodation in the nature of a Guest House; (b) any office appliances or road transport vehicles: Provided also that if the machinery or plant in respect of which investment allowance is made under this sub-section is sold or otherwise transferred by the assessee to any person at any time before the expiry of five years from the end of the previous year in which it was first put to use whether during the continuation of agricultural operation or after the cessation thereof, the investment allowance made in respect of such machinery or plant shall be treated as the income of the assessee for the previous year in which such machinery or plant is sold or otherwise transferred. ### 8. Income forming part of the total agricultural income on which no tax is payable. - Tax shall not be payable by an assessee who is a member 0f an association of persons or a body of individuals on that portion of the amount which he is entitled to receive from the association or body of individuals on which tax has already been paid by the association or body of individuals. ### 9. Rebate and Deduction allowed. (1) In the case of an assessee being an individual, association of persons, body of individuals or firm, while computing the amount of agricultural income tax on the total agricultural income chargeable for an assessment year, there shall be allowed as rebate from the amount of agricultural income tax (as computed before allowing deductions under this section) twenty per cent of the following subscription or contribution namely: - (i) any sum paid in the previous year by the assessee out of his agricultural income towards life Insurance Premia or National Savings Certificate or National Savings Scheme or any other fund or scheme approved by the Government in this behalf and on such conditions as may be prescribed- (a) to effect or to keep in force an insurance, on the life of the assessee or on the life of the spouse or any child of the assessee or deposited in the name of these persons where the assessee is an individual; (b) to effect or keep in force a contract for a deferred annuity on the life of the assessee or on the life of the spouse or any child of the assessee or deposited in the name of any of these persons where the assessee is an individual; (c) to effect or keep in force an insurance on the life of any partner or deposited in the name of any partner of any firm or member of any association of persons where the assessee is a firm or association of Persons. Provided that the total rebate under this sub-section shall be limited to ten thousand rupees: Provided further that nothing contained in this sub-section shall be deemed to entitle a person who is assessed to income tax under the Income Tax Act, 1961 (Central Act 43 of 1961) to claim any deduction in respect of any sum referred in this sub- section if such claim is an admissible rebate or deduction under the provisions of that Act. (2) In computing the total agricultural income of a person there shall be deducted from his agricultural income any sum not exceeding one sixth of the total agricultural, income of the assessee twenty thousand rupees whichever is less, paid by him in the previous year out of his agricultural income as donation to a trust, institution or a fund established for charitable purposes and notified by the Government in this behalf in the Gazette. (3) In computing the total agricultural income of a person there shall be deducted from his agricultural income any sum not exceeding 20 percent of the total agriculture income of such assessee deposited by him in the previous year out of his agricultural income in the Fund established under the Investment Deposit Scheme intended to rejuvenate and modernise plantations notified by the Government in this behalf subject to the conditions that, (i) the replantation or infilling allowance admissible for the year and subsequent years under the rules shall be set off against such amount deposited under the scheme until it is fully so set off, (ii) withdrawals from the deposit shall for investment in landed property in accordance with the scheme in this behalf, and (iii) if any withdrawals from the deposit is not utilised for the purpose for which it is sanctioned it shall be treated as agricultural income of the year of the withdrawal and assessed accordingly. Explanation. - Where the deposit under the sub-section is made on or before the due date for filing of return for the year to which the deduction relates, the deposit shall be deemed to have been made during the previous year. (4) In computing the total Agriculture income of a company engaged in plantation business, which has invested any amount in the equity of a company registered under the Companies Act, 1956 (Central Act 1 of 1956) which establishes new industrial undertakings within the state out of its Agriculture Income in the previous year, there shall be deduced a sum not exceeding fifty per cent of the amount so invested, which shall not exceed the total Agriculture income in the previous year of that Company, computed without deduction provided under this sub-section or rupees one crore whichever is less, provided- (i) such investment is not in plantation industry or agricultural activities ancillary there to which is directly a down stream industry of the produce of the plantation; (ii) the amount invested is fully utilised within the State within a period of three years from the date of investment or before the commencement of commercial production of such industrial undertaking, whichever is earlier; and (iii) there is no transfer of investment within a period of five years of such investment. Explanation. - For the purpose of this sub-section, "new industrial undertaking" means an undertaking formed to carry on the business of manufacture of goods but shall not include such industries notified by the Government, from time to time, and shall continue to be so until the expiry of a period of five years from the year in which a deduction under this sub-section is first claimed or the commencement of commercial production, whichever is earlier. (5) For the removal of doubt it is hereby clarified that no deduction under sub-section (4) shall be made where the new industrial undertaking is formed by splitting up, or reconstruction of an industrial undertaking already in existence, or by transfer of any machinery, plant or other assets already used for any purpose in the State. (6) If the investment in respect of which deduction is made under subsection (4) is not utilised within the state as provided therein or is sold or transferred within a period of five years from the date of such investment, the deduction made in respect there of shall be deemed to be the agriculture income derived by the company during the year in the period of three years from the date of investment is expired or, as the case may be, during the year in which the state of transfer takes place and agriculture income shall be computed accordingly. ### 10. Assessment of income derived from lands partly within the State and partly without the State. - Where the agricultural income is derived from lands situated partly within the State and partly without the State, agricultural income tax shall be levied under this Act- (i) where the portion of such income attributable to the lands situated within the State can be determined from the accounts maintained by the assessee, on the portion so determined; (ii) where the portion of the income so attributable cannot be determined under clause (i), on such portion as may be determined by the Agricultural Income Tax Officer in the prescribed manner. ### 11. Omitted. ### 12. Carrying forward of loss. - Where any person sustains a loss as a result of computation of agricultural income any year, the loss shall be carried forward to the following year and set off against the agricultural income of that year and if it cannot be wholly set off, the amount of loss not so set off, shall be carried forward to the following year and so on, but no loss shall be carried forward for more than eight years. Chapter IV Composition of Agricultural Income Tax ------------------------------------------------------ ### 13. Composition of Agricultural Income Tax. (1) Notwithstanding, anything contained in this Act, any person who holds landed property within the State extending to not more than five hundred hectares and deriving agricultural income may apply to the Agricultural Income Tax Officer for permission to compound the agricultural income tax payable by him and to pay in lieu thereof a lump sum at the rates specified in the Table herein under on the planted area: - \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Name of Crops \| First five Hectares \| On the next three Hectares Rate per Hectare \| On the next 5 Hectares (above 8 Hectares not exceeding 13 Hectares) Rate per Hectare \| On the next 5 Hectares (above 13 Hectares not exceeding 18 Hectares) Rate per Hectare \| On the remaining extent (Upto 500 Hectares Rate per Hectare \| \| (1) \| (2) \| (3) \| (4) \| (5) \| (6) \| \| Cardamom 'C' Zone, Cashew, Clove, Cinchona, Nutmeg, Cinnamon and all other crops not specifically included in this Table (other than Tea & Coffee) \| Nil \| 300 \| 450 \| 800 \| 1400 \| \| Pepper \| " \| 400 \| 600 \| 1000 \| 1750 \| \| Coconut, Rubber, Cocoa \| " \| 500 \| 1000 \| 1700 \| 2500 \| \| Cardamom 'B' Zone \| " \| 550 \| 1000 \| 2000 \| 2800 \| \| Cardamom 'A' Zone \| " \| 750 \| 1200 \| 2700 \| 3500 \| \| Arecanut \| " \| 750 \| 1200 \| 2700 \| 3500 \| \| Tea \| " \| 350 \| 500 \| 900 \| 1500 \| \| Coffee \| " \| 700 \| 1000 \| 1800 \| 3000 \| Explanation. - (i) Cardamom 'A' Zone means Village of Kattapana Anavilasam, Anakkara, Ayyappancoil, Chakkupallom, and Vandanmedu of Udumbanchola Taluk, Villages of Elappara, Vagamon, Upputhara, Peerumade, Mlappara, Periyar, Manjumala, Kumili of Peermade Taluk and Nelliampathi Village of Chittur Taluk where cardamom is grown; (ii) Cardamom 'B' Zone means the areas in the Villages of Santhanpara, Rajakkad, Bison Valley, Upputhode, Kalkoonthal, Parathode and Kanithippara of Udumbanchola Taluk and Mananthody, Sultan Bathery and Vythiri Taluks where cardamom is grown; (iii) Cardamom 'C' Zone means the areas other than the areas in 'A' Zone and 'B' Zone where cardamom is grown. Provided that no tax under this section shall be payable on any landed property exclusively cultivated with the crops mentioned in clause (b) of sub-section (1) of section 4 and such Property shall not be taken into account for the purpose of this section: Provided also that when the tax payable under this section exceeds eighty-five per cent of the agricultural income derived during the previous year, the tax payable shall be limited to eighty five per cent of the agricultural income derived during that previous year: Provided also that no tax shall be payable on the replanted area till the plants in this area start yielding. (2) When, there is any change in the extent of land during the previous year the maximum extent of land held for not less than one hundred and eighty days during the previous year shall be deemed to be the extent of land held during the previous year for the purposes of levy of tax under this section. (3) Every application under sub-section (1) shall be submitted in such form, in such manner and within such time as may be prescribed. (4) The Agricultural Income Tax Officer may, after satisfying himself that the particulars specified in the application are correct, by order in writing, grant the permission. (5) The permission granted to any person under sub- section (4) shall commence from the financial year for which such permission was granted. The permission once granted shall continue in force for a period of three years or until cancelled by the Agricultural Income Tax Officer on the ground that the person is not eligible for composition in accordance with the provisions of this section whichever is earlier. (6) When any person who has been permitted to pay under subsection (1) re-opts to pay tax in accordance with Section 3 notwithstanding anything contained in any other provisions of this Act, shall be assessed as if it were a new assessment and shall not be eligible to carry forward any loss incurred in any of the previous years or any depreciation. (7) Any trust or institution created for charitable or religious purposes and registered as such in the manner provided in Section 16 may opt to pay tax in accordance with the provisions of this section, irrespective of the extent of holdings and for the extent above five hundred hectares the rate shown in column (6) of the table shall apply. (8) The levy of tax under this section on the fraction of a hectare shall be made proportionately and the tax payable shall be rounded to the nearest ten rupees or multiple of ten rupees. (9) The provisions of this section shall not apply to any company formed on or after the 1st day of April, 1999 by splitting up of a company holding extent more than five hundred hectares of land used for agriculture purposes. (10) Notwithstanding anything contained in the Kerala Plantation Tax Act, 1960 (Act 17 of 1960), any person who is permitted to pay tax in accordance with the provisions of this section shall be exempted from payment of plantation tax under the provisions of the said Act during the period of such permission. Explanation: - (1) In the case of landed properties cultivated with more than one crop, the extent for the purpose of this section, shall be determined on the basis of the principal crop planted and in case more than one crop occupies the position of the principal crop or where the principal crop cannot be easily determined the extent shall be determined on the basis of the crop having higher incidence of tax, as if that crop occupies the whole area. (2) When the landed property is cultivated with crops mentioned in clause (b) of sub-section (1) of section 4, along with other crops, such landed properties shall be deemed to be planted with such other crops. (3) When any person is having cultivation in more than one crop and not coming under Explanation (1) shall opt for the exemption specified in the proviso to Sub-section (1) on any one of the crops mentioned therein and tax shall be levied in accordance with that sub-section, by applying the lowest slab for crops having lower incidence of tax and higher slabs for crops having higher incidence of tax. ### 14. Composition in respect of escaped extent of land. - Subject to such rules as may be made in this behalf, if for any reason, any extent of land in respect of which composition is permissible under Section 13, has escaped composition or the composition has been if permitted at too low a rate or for a lesser extent, the provision of Section 41 shall apply as if it were an escape of agricultural income under the Act: Provided that the tax payable on such escapement shall be the rate which would have been charged if the extent of land had not been compounded or compounded at too low a rate or for a lesser extent when the maximum limit of extent provided in sub-section (1) of Section 13 is not exceeded. ### 15. Relief from double taxation. (1) Any person who is a member of an association of persons or body, of individuals is not liable to pay tax on the share of agricultural income which he received as a member of such association of persons or body of individuals on which tax was levied and paid by such association of persons or body of individuals. (2) If any person is a member of more than one association persons or body of individuals having landed property or is deriving agricultural income, all such income received by any such person shall be included in his total agricultural income and the tax payable on such total agricultural income shall be calculated in accordance with the provisions of this Act after deducting the share of tax payable by him, as member, out of the tax levied on the agricultural income of such associations of persons or body of individuals and the balance tax, alone, if any, shall be levied from such person. ### 16. Charitable Trusts and Institutions. (1) Subject to the provisions of this Act the total agricultural income of any charitable trust does not include, (a) any agricultural income derived from property held under trust wholly for charitable or religious purposes, to the extent to which such income is applied to such purposes in the State; and, where any such income is accumulated or set apart for application to such purposes in the State, to the extent to which the income so accumulated or set apart is not in excess of twenty-five per cent of the agricultural income from such property; (b) any agricultural Income derived from property held under trust in part only for such purposes, to the extent to which such income is applied to such purposes in the State; and, where any such income is finally set apart for application to such purpose in the State, to the extent to which the income so set apart is not in excess of twenty-five percent of the agricultural income from such property. Explanation: - For the purposes of clauses (a) and (b), if in the previous year, the agricultural income applied to charitable or religious purposes in the State falls short of seventy-five percent of the agricultural income derived during that year from property held under trust or; as the case may be, held under trust in part by any amount- (i) for tile reason that the whole or any part of the agricultural income has not been received during that year, or (ii) for any other reason, then- (a) in the case referred to in clause (i) so much of the agricultural income applied to such purposes in the State during the previous year in which the agricultural income is received or during the previous year immediately following as does not exceed the said amount, and (b) in the case referred to in clause (ii) so much of the agricultural income applied to such purposes in the State during the previous year immediately following the previous year in which the agricultural income was derived as does not exceed the said amount, may, at the option of the person in receipt of the agricultural income [such option to be exercised in writing before the expiry of the time allowed under sub-section (1) or sub-section (2) of Section 35 whether fixed originally or on extension for furnishing the return of agricultural income], be deemed to be agricultural income applied to such purposes during the previous year in which the agricultural income was derived; and the agricultural income so deemed to have been applied shall not be taken into account in calculating the amount of agricultural income applied to such purposes, in the case referred to in clause (i), during the previous year in which the agricultural income is received or during the previous year immediately following, as the case may be, and, in the case referred to in clause (ii), during the previous year immediately following the previous year in which the agricultural income was derived. (2) Where any agricultural income in respect of which an option is exercised under the Explanation to sub-section (1) is not applied to charitable or religious purposes in the State during the period referred to in clause (a) or, as the case may be in clause (b) of the said Explanation, then such income shall be deemed to be the income of the person in receipt thereof: - (a) in the case referred to in clause (i) of the said Explanation, of the previous year immediately following the previous year in which the income was received, or (b) in the case referred to in clause (ii) of the said Explanation, of the previous year immediately following the previous year in which the income was derived. (3) Where seventy-five per cent of the agricultural income referred to in clause (a) or clause (b) of sub-section (1) read with the Explanation to that sub-section is not applied, or is not deemed to have been applied, to charitable or religious purposes in the State during the previous year but is accumulated or set apart, either in whole or in part, for application to such purposes in the State, such income so accumulated or set apart shall not be included in the total agricultural income of the previous year of the person in receipt of the income provided the following conditions are complied with, namely:- (a) such person specifies, by notice in writing given to the Agricultural Income tax Officer in the prescribed manner, the purpose for which the agricultural income is being accumulated or set apart and the period for which the agricultural income is to be accumulated or set apart, which shall in no case exceed ten years; (b) the money so accumulated or set apart is. - (i) invested in any Government security as defined in , clause (2) of Section 2 of the Public Debt Act, 1944 (Central Act 18 of 1944), or in any other security which may be approved by the State Government in this behalf, or (ii) deposited in any account with the Post Office Savings Bank including deposits made under the Post Office (Time Deposits) Rules, 1970 or a scheduled bank or a cooperative society engaged in carrying on the business of banking (including the Kerala State co-operative Agricultural and Rural Development Bank), or (iii) deposited in an account with the Kerala Financial Corporation established under the State Financial Corporations Act, 1951 (Central Act 63 of 1951), Explanation: - For the purposes of sub-clause (ii) , "Scheduled bank" means the State Bank of India constituted under the State India Act, 1955, a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959, a corresponding new bank constituted under Section 3 of the Banking Companies (Acquisition and Transfer of undertakings) Act, 1970, the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 or any other bank, being a bank included in the second schedule to the Reserve Bank of India Act, 1934. (4) Any Agricultural income referred to in sub-section (3) which, (a) is applied to purposes other than charitable or religious purposes as aforesaid or ceases to be accumulated or set apart for application thereto, or (b) ceases to remain invested in any security referred to in sub clause (i) or deposited in any account referred to in sub-clause (ii) or sub-clause (iii) of clause (b) of that sub-section, or (c) is not utilised for the purpose for which it is so accumulated or set apart during the period referred to in sub-clause (a) of that sub-section or in the year immediately following the expiry thereof, shall be deemed to be the agricultural income of such person of the previous year in which it is so applied or cease, to be so accumulated or set apart or ceases to remain so invested or deposited, or, as the case may be, of the previous year immediately following the expiry of the period aforesaid. (5) Notwithstanding anything contained in sub-section (4) where, due to circumstances beyond the control of the person in receipt of the agricultural income, any such income invested or deposited in accordance with the provisions of clause (b) of sub-section (3) cannot be applied for the purpose for which it was accumulated or set apart, the Agricultural Income tax Officer may, on an application made to him in this behalf, allow such person to apply such income for such other charitable or religious purpose in the State as is specified in the application by such person and as is in conformity with the objects of the trust; and thereupon the provisions of sub section (4) shall apply as if the purpose specified by such person in the application under this sub-section were a purpose specified in the notice given to the Agricultural Income tax Officer under clause (a) of sub-section (3). (6) Nothing contained in clause (a) or clause (b) of sub-section (1) shall operate so as to exclude from the total agricultural income of the previous year of the person in receipt thereof- (a) any part of the agricultural income from the property held under trust for private religious purposes which does not ensure for the benefit of the public; (b) in the case of a trust for charitable purposes or a charitable institution, any agricultural income thereof, if the trust or institution is created or established for the benefit of any particular religious community or caste; (c) in the case of a trust for charitable or religious purposes or a charitable or religious institution any agricultural income thereof- (i) if under the terms of the trust or the rules governing the institution any part of such income ensure; or (ii) if any part of such income or any property of the trust or institution is during the previous year, used or applied, directly or indirectly for the benefit of any person referred to in sub-section (8). (7) Without prejudice to the generality of the provisions of clause (c) of sub-section (6), the income or the property of the trust or institution or any part of such income or property of the trust or institution shall for the purposes of that clause, be deemed to have been used or applied for the benefit of a person referred to in subsection (8),- (a) if any part of the income or property of the trust or institution is, or continues to be, lent to any person referred to in sub-section (8) for any period during the previous year without either adequate security or adequate Interest or both; (b) if any amount is paid by way of salary, allowance or otherwise during the previous year to any person referred to in sub-section (8) out of the resources of the trust or institution, for services rendered by that person to such trust or institution and the amount so paid is in excess of what may be reasonably paid for such services; (c) if a substantial portion of the income or property of the trust or institution is diverted during the previous year in favour of any person referred to in sub-section (8); (d) if any funds of the trust or institution are, or continue to remain, invested for any period during the previous year in any concern in which any person referred to in sub-section (8) has a substantial interest. (8) The persons referred to in sub-section (7) are the following namely: - (a) the author of the trust or the founder of the institution; (b) any person who has made a substantial contribution to the trust or institution; (c) any trustee of the trust or manager (by whatever it, name called) of the institution; (d) any relative of any such author, founder, person or member as aforesaid; (e) any concern in which any of the person referred to in clauses (a), (b), (c) and (d) has a substantial interest. (9) For the purposes of this section, - (a) "Trust" means a trust created for charitable purposes and includes any oth9r legal obligations and "relative", in relation to an individual means- (i) spouse of the individual; (ii) brother or sister of the individual; (iii) brother or sister of the spouse of the individual; (iv) any lineal ascendant or descendant of the individual; (v) any lineal ascendant or descendant of the spouse of the individual; (vi) spouse of a person referred to in sub-clause (ii), sub-clause (iii) , sub clause (iv) or sub clause (v); (vii) any lineal descendant of a brother or sister of either the individual or of the spouse of the individual. (b) a trust or institution created or established for the benefit of Schedule castes, Backward Classes, Scheduled Tribes or women and children shall not be deemed to be a trust or institution created or established for the benefit of a religious community or caste within the meaning of clause (b) of sub-section (6); (c) "Charitable purposes" include relief of the poor, education, medical relief and the advancement of any other object of public utility; (d) a person shall be deemed to have a substantial interest in a concern- (i) in a case where the concern is a company, if its shares (not being shares entitled to a fixed rate of dividend, whether with or without a further right to participate in profits) carrying not less than twenty percent of the voting power are, at any time during the previous year, owned beneficially by such person or partly by such person and part by one or, more of the other persons referred to in sub-section (8). (ii) in the case of any other concern, if such person is entitled, or such person and one or more of the other persons referred to in sub-section (8) are entitled in the aggregate, at any time during the previous year to not less than twenty per cent of the profits of such concern. (10) Any trust or institution created for charitable or religious purposes may make an application in the prescribed form and in the prescribed manner to the Deputy Commissioner of Agricultural Income Tax within six months from the date of commencement of this Act or from the date of creation of the trust or institution, whichever is later, along with a copy of the instrument creating the trust or the bye-law of the institution as the case may be, for registration: Provided that the Deputy Commissioner may admit an application for registration presented after the above date if he is satisfied that there was sufficient reason for not presenting an application in time. (11) The Deputy Commissioner may, on receipt of the application if he is satisfied that the trust or the institution is created for religious or charitable purposes and not for avoiding or reducing the tax payable under this Act, may grant registration to such trust or institution: Provided that before passing an order rejecting an application for registration the applicant shall be given an opportunity of being heard. (12) If the Deputy Commissioner is satisfied that any trust or institution registered under this section, is not utilising the agricultural income in accordance with the provisions in the instrument or deed creating the trust or institution or otherwise tries to avoid or reduce the tax payable under this Act he may cancel the registration after giving the trust or institution a responsible opportunity of being heard. (13) A trust or institution which is not registered in the manner provided in sub-section (10) above or the registration of which has been cancelled under this section shall be liable to tax on the total agricultural income and the provisions of this Chapter shall not apply to such trust or institution. ### 17. Power to make reduction in rate etc. - The Government may, by notification in the Gazette, make an exemption, reduction in rate, or other modification in respect of agricultural income tax, in favour of any class of agricultural income or in regard to the whole or any part of the agricultural income of any class of persons or any, institution created for research or for advanced learning in agriculture. Notwithstanding anything contained in this Act, the Government may, in cases where they are satisfied that owners or cultivators of land have consolidated their holdings for the purposes of beneficial enjoyment or for development of agriculture, allow such reduction in the rate of agricultural income tax payable, as may be prescribed in that behalf. Chapter V Income of Other Persons Included in Assessee's Total Agricultural Income --------------------------------------------------------------------------------------- ### 18. Transfer of agricultural income where there is no transfer of assets. - All agricultural income arising to any person by virtue of a transfer, whether revocable or not, and whether effected before or after the commencement of this Act, shall where there is no transfer of the assets from which the agricultural income is derived be chargeable to tax, as the agricultural income of the transferor and shall be included in his total agricultural income. ### 19. Revocable transfer of assets. - All agricultural income arising to any person by virtue of a revocable transfer of assets shall be chargeable to tax as the income of the transferor and shall be included in his total agricultural income. ### 20. Transfer irrevocable for a specified period. - The provisions of section 19 shall not apply to any agricultural income arising to any person by virtue of a transfer by means of a trust which is not revocable during the lifetime of the beneficiary, and, in the case of any other transfer, which is not revocable during the lifetime of the transferee, provided that the transferor derives no direct or indirect benefit of such agricultural income in either case. ### 21. Transfer" and "revocable transfer" defined. - For the purposes of sections 18, 19, and 20 and of this section, - (a) a transfer shall be deemed to be revocable if,- (i) it contains any provision for the retransfer directly or indirectly of the whole or any part of the agricultural income or assets to the transferor; or (ii) it, in any, way, gives the transferor a right to reassume power directly or indirectly over the whole or any part of the agricultural income or assets. (b) "transfer" includes any settlement, trust, covenant, agreement or arrangement. ### 22. Income of individual to include income of spouse, Minor child etc. - In computing the total agricultural income of any individual there shall be included all such agricultural income, as arises directly or indirectly; - (i) to the spouse of such Individual from the member-ship of the spouse in a firm carrying on agricultural operations in which such individual is a partner; (ii) to a minor child of such individual from the admission of the minor to the benefits of partnership in a firm in which such individual is a partner; (iii) to the spouse of such individual from assets transferred directly or indirectly to the spouse by such individual otherwise than for adequate consideration or in connection with an agreement to live apart; (iv) to a minor child, not being a married daughter of such individual from assets transferred directly or indirectly to the minor child by such individual otherwise than for adequate consideration; and (v) to any person from assets transferred otherwise than for adequate consideration to the person by such individual, to the extent to which the agricultural income from such assets is for, the immediate for deferred benefit of his or her spouse or minor child (not being a married daughter) or both. Explanation I: - For the purpose of clause (i) the individual, in computing whose agricultural income, the agricultural income referred to in that clause is to be included, shall be the husband or wife whose total agricultural income (excluding the agricultural income referred to in that clause) is greater. Explanation II: - For the purpose of all clause (ii) where both the parents are members of the firm in which the minor child is a partner the agricultural income of the minor child from the partnership shall be included in the agricultural income of that parent whose total agricultural income (excluding the agricultural income referred to in that clause) is greater. Explanation III: - Where any such agricultural income is once included in the agricultural income of either spouse or parent, any such agricultural income arising in any succeeding year shall not be included in the agricultural income of the other spouse or parent unless the Agricultural Income tax Officer is satisfied, after giving that spouse or parent, an opportunity of being heard that it is necessary so to do. Explanation IV: - For the purpose of this sub-section adequate consideration means adequate monetary consideration. ### 23. Liability of person in respect of agricultural income included in the agricultural income of another person. - Where by reason of the provisions contained in this chapter, the agricultural income from any asset or from membership in a firm of a person other than the assessee is included in the total agricultural income of the assessee, the person or the firm shall, not withstanding anything to the contrary contained in any other law for the time being in force, be liable, on the service of notice of demand by the Agricultural income Tax Officer In this behalf, to pay that portion of the tax levied on the assessee which is attributable to the agricultural income so included, and the provisions of Chapter IX shall, so far as may be, apply accordingly: Provided that were any such asset is held jointly by more than one person, they shall be jointly and severally liable to pay the tax which is attributable to the agricultural income from the assets so included. Chapter VI Agricultural Income Tax Authorities-Appointment and Control --------------------------------------------------------------------------- ### 24. Agricultural Income tax Authorities. (1) There shall be the following classes of Agricultural Income tax Authorities for the purposes of this Act, namely: - (a) The Board of Revenue, (b) The Commissioner of Agricultural Income tax, (c) Deputy Commissioners of Agricultural Income tax, (d) Deputy Commissioner (Appeals) of Agricultural Income tax, (e) Inspecting Assistant Commissioners of Agricultural Income tax, (f) Agricultural Income tax Officers, and (g) Agricultural Income tax Inspectors. (2) Authorities specified in sub-section (1) shall be appointed by the Government or by any authority authorised by the Government in this behalf and such authorities shall exercise and perform throughout the State or in such areas, such powers and functions as the Government may, by notification in the Gazette, specify. (3) The Government may, by notification in the Gazette, empower any officers other than the authorities specified in sub-section (1) to exercise such powers and perform such functions and duties under this Act in respect of such classes of persons or classes of income and in such areas, as may be specified in the notification. (4) All the powers vested with an Agricultural Income tax Officer under this Act are also exercisable by any Inspecting Assistant Commissioner, Deputy Commissioner or Commissioner and any such act or proceedings by any of the superior authorities to the agricultural income tax Officer shall not be questioned on the ground that the powers are exercisable only by the Agricultural Income tax Officer having jurisdiction over the area. ### 25. Instructions to subordinate authorities. (1) The Board of Revenue or the Commissioner may from time to time, issue such orders, instructions and directions to the other Agriculture Income tax Authorities, as it he may deem fit, for the administration of the Act, and such authorities and all other persons employed in the execution of the Act shall observe and follow such orders, instructions and directions of the Board of Revenue, or the Commissioner as the case may be: Provided that no such orders, instructions or directions shall, be issued so as to interfere with the discretion of the Deputy Commissioner (Appeals) or the Deputy Commissioner in the exercise of their appellate functions. (2) Subject to the provisions contained in sub-section (1) every Agricultural Income tax Authority employed in the execution of this Act shall observe and follow such instruction as may be issued to him for his guidance by the Board of Revenue or by any superior officer within whose jurisdiction he performs his functions. ### 26. Jurisdiction of Agricultural Income tax Officers. (1) Subject to the provisions in sub-section (2) and to any orders passed under sub-section (3), the agricultural income of a person shall be assessed by the Agricultural Income tax Officer of the area in which is situated the greater part of the land from which the agricultural income is derived. (2) Where an assessee has made a return under sub-section (1) of section 35 to the Agricultural Income tax Officer having jurisdiction over the assessee's place of residence or the place where any of his land is situated or where his accounts are maintained, he shall be deemed to have elected such place as his place of assessment and it shall be accepted by the officer concerned unless such officer passes an order that the assessment shall be made in any other place for reasons to be recorded in writing. (3) (a) An assessee who has not made a return under section 35, may, before the expiry of the time allowed for the submission of the return, apply to the Agricultural Income tax Officer of the area in which the greater part of the land from which the agricultural income is derived, to be assessed at his usual place of residence or at the place where the accounts relating to his agricultural income are kept, if either of such places, is situated in the State, and the Agricultural Income tax Officer shall refer the matter to the Commissioner whose decision thereon shall be final. (b) Where an order is passed under clause (a), the assessee shall not be entitled to make any further application to change, his place of assessment: Provided that the Commissioner may allow the assessee to be assessed at any other place on such conditions as he may think fit. (4) Notwithstanding anything contained in this section every Agricultural Income tax Officer shall have all the powers conferred by or under this Act on an Agricultural Income tax Officer in respect of any agricultural income derived from land situated within the area for which he is appointed. (5) Where in respect of any proceedings under this Act, an agricultural income tax authority ceases to exercised jurisdiction, and is succeeded by another agricultural income tax authority, the agricultural income tax authority so succeeding shall continue the proceedings from the stage at which the proceeding was left by his predecessor: Provided that the assessee is entitled to be heard before any order of assessment is passed against him. (6) Any levy of tax on the agricultural income of any person by any Agricultural Income tax Officer shall not be invalid for the reason that such Agricultural Income tax Officer has no jurisdiction over the area from which the agricultural income is derived unless such person is able to show that the agricultural income was already assessed under this Act by any other Agricultural Income tax Officer. (7) Where any Agricultural Income tax Officer has assessed any firm or Association of persons, he shall have power to assess the partner or member, of such firm or Association of the persons as the case may be, irrespective of the territorial jurisdiction to which they are subject. ### 27. Powers for discovery, production of evidence etc. (1) The Agricultural Income tax Officer, the Deputy Commissioner (Appeals), the Inspecting Assistant Commissioner, the Deputy Commissioner, the Commissioner and the Appellate Tribunal shall, for the purposes of this Act, have the same powers as are vested in a Court under the Code of Civil Procedure, 1908 (Central Act V of 1908) when trying the suit in respect of the following matters, namely:- (a) discovery and inspection, (b) enforcing the attendance of any person including any officer of a banking company and examining him on oath, (c) compelling the production of books of accounts and other documents, (d) issuing commission. (2) Subject to any rules made in this behalf, any authority referred to in sub-section (1) may impound and retain in its custody for such period, as it thinks fit, any books of accounts or other documents produced before it in any proceeding under this Act: Provided that such authority shall not impound any books of accounts or other documents without recording its reasons for so doing: Provided further that the Agricultural Income tax Officer shall not retain in his custody any such books of accounts for a period exceeding one hundred and eighty days and with the approval of the next superior authority, this period may be extended upto one month after the assessment for the year, to which such books of accounts or documents relate: Provided further that the person from whom such accounts or documents are impounded is entitled to an attested copy of such accounts or documents on application. ### 28. Power to order production of accounts and powers of entry, inspection, search, seizure etc. (1) Any officer not below the rank of an Agricultural Income tax Officer may, for the purposes of this Act, by notice, require any assessee other than a person to whom the method of assessment under section 13 applies or any other person, who, in the opinion of such officer, is liable to pay tax under this Act- (a) to produce or cause to be produced before him any accounts registers, records or other documents; or (b) to furnish or cause to be furnish any other information, which such officer considers to be relevant for the purpose of any proceedings such requisition. (2) Any Agricultural Income tax Inspector duly authorised by his superior officer in this behalf or any officer not below the rank of an Agricultural Income tax Officer may at any reasonable time, - (a) enter any building or any land or any vessel or vehicle used by any assessee or any other person who, in the opinion of such officer, is liable to pay tax under this Act; and (b) inspect any accounts, registers, records or other documents, any land, standing crop or agricultural produce which such officer considers to be relevant for the purpose of any proceedings under this Act. (3) If any officer not below the rank of an Agricultural, Income tax Officer has reason to believe that an assessee or any other person is trying to evade payment of any tax under this Act, he may, for reasons to be recorded, enter and search any place where the assessee or such other person is keeping or is reasonably believed to be keeping, any accounts, registers, records or other documents relating to his agricultural income: Provided that no residential accommodation shall be entered into or searched. Explanation: - For the purposes of this sub-section "Place" includes any godown, building, vessel, vehicle, box or receptacle. (4) All searches under this section shall, so far as may be, made in accordance with the provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974). (5) The Officer making the inspection or search may seize such accounts, registers, records or other documents as he considers necessary and on such seizure, shall grant the assessee or such other person a receipt of the things seized. (6) The accounts, registers, records or other documents seized under sub section(5) shall not be retained by the officer seizing them beyond a period of one hundred and eighty days from the date of that seizure except with the permission of the next higher authority, unless they are required for any prosecution under this Act: Provided that the next higher authority shall not give permission to retain such accounts, registers, records or other documents beyond a period of thirty days from the completion of the assessment to which such accounts, records or documents relate: Provided further that the person from whose premises the accounts or other records are seized shall be entitled to an attested copy of the accounts or documents seized, on application. (7) The powers conferred by sub-sections (3) and (5) shall include; (a) the power to break open any box or receptacle or place or the door of any premises, in which any accounts, registers, records or other documents of the assessee or such other person are, or are reasonably believed to be kept: Provided that the power to break open the door shall be, exercised only after the owner or any other person in occupation of, the premises fails or refuses to open the door on being called upon to do so; (b) the power to seal any box or receptacle, god own or building where any accounts, registers, records or other documents are or are reasonably believed to be kept if the owner or any other person in occupation leaves the premises or refuses to open the box or receptacle, godown or building or is not available, and to break open such box, receptacle, godown or building on the authority of an authorisation in writing by the Commissioner. (8) Without prejudice to the powers conferred by the foregoing provisions of this section, any agricultural income tax authority or any person authorised by him in writing in that behalf may inspect, and if necessary take copies or cause copies to be taken of any register of the members, debenture holders or mortgages of any company or of any entry in such register. ### 29. Power to call for information. - The Agricultural Income tax Officer, the inspecting Assistant Commissioner or the Deputy Commissioner (Appeals) may for the purpose of this Act, - (i) require any firm to furnish him with a return of the names and addresses of the partners of the firm and their respective shares; (ii) require any person whom he has reason to be live to be a trustee, guardian or agent, to furnish him with a return of the names of the persons for or of whom he is a trustee, guardian or agent and of their addresses; (iii) require any person, including a banking company or any officer thereof, to furnish information in relation to such points or matters, or to furnish statement of accounts and affairs verified in the manner specified by the Agricultural Income tax Officer, the Inspecting Assistant Commissioner or the Deputy Commissioner (Appeals), giving information in relation to such points or matters as, in the opinion of the Agricultural Income tax Officer, the Inspecting Assistant Commissioner or the Deputy Commissioner (Appeals) will be useful for, or relevant to, any proceeding under this Act. ### 30. Power of Survey. (1) Notwithstanding anything contained in any other provision of this Act, an Agricultural Income tax Inspector, Agricultural Income tax Officer or Inspecting Assistant Commissioner may enter any land in which cultivation is carried on, or any place where agricultural produce is processed or stored and require the owner or the person in possession of the land or the persons in charge of the place where agricultural produce is processed or stored, to afford him necessary facility to inspect the land or such place with a view to ascertaining- (i) the extent of the land under cultivation; (ii) the probable yield from the cultivation; (iii) the probable expenses that may be incurred for the purpose of cultivation; (iv) the quantity of agricultural produce processed or stored in such place; and (v) any other details relevant in computing the agricultural income of the person owning or holding the property. (2) An Agricultural Income tax authority acting under this section may; (i) if he so deems it necessary, place marks of identification on the books of accounts or other documents inspected by him and make or cause to be made extracts or copies therefrom; (ii) make an inventory of any cash, stock or other valuable article or thing checked or verified by him; (iii) record the statement of any person which may be use-full for, or relevant to, any proceeding under this Act. (3) If a person who is required by the Agricultural Income tax Authority to afford any facility under this section either refuses or evades to do so, such authority shall have all the powers under section 28 for enforcing compliance with the requirements of this section. ### 31. Proceeding before the Agricultural Income Tax Authorities to be judicial proceedings. - Any proceeding under this Act before an Agricultural Income tax Authority shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purposes of section 196 of the Indian Penal Code, 1860 (Central Act XLV of 1860). ### 32. Disclosure of information. - (1) (a) The Board of Revenue, or any other Agricultural Income tax Authority specified by it by a general or special order in this behalf may furnish or cause to be furnished to,- (i) any officer, authority or body, performing any functions under any law relating to the imposition of any tax, or (ii) such officer, authority or body performing functions under any other law as the Government may, if in its opinion, it is necessary so to do, in the public interest specify by notification in the Gazette in this behalf, any such information relating to any assessee in respect of any assessment made under this Act as may in the opinion of the Board of Revenue or other Agricultural Income tax Authority specified by it in this behalf, be necessary for the purpose of enabling the officer, authority or body to perform his or its functions under that law. (b) Where a person makes an application to the Commissioner is the prescribed form for any information relating to any, assess in respect of any assessment made under this Act, the Commissioner may if he is satisfied that it is in the public interest so to do, furnish or cause to be furnished the information asked for in respect of that assessment only and his decision in this behalf shall be final and shall not be called in question in any Court of law. (2) Notwithstanding anything contained in sub-section (1) the Government may, having regard to the practices and usages, customary or any other relevant factors, by order notified in the Gazette, direct that no information or document shall be furnished or produced by a public servant in respect of such matters relating to such class of assessees or except to such authorities as may be specified in the order. ### 33. Maintenance of accounts by certain persons. - Every person liable to pay tax under this Act other than a person to whom the method of assessment under section 13 applies, shall keep and maintain such books of accounts and other documents as may be prescribed, as may enable the Agricultural Income tax Officer to compute his total agricultural income in accordance with the provisions of this Act. ### 34. Audit of accounts of certain persons. (1) Every person who holds landed properties extending to more than sixty hectares during the previous year, shall get his accounts of such previous year or years audited by an accountant and obtain the report of such audit in the prescribed forms duly signed and verified by such accountant and setting forth such particulars as may be prescribed: Provided that in a case where such person is required by or under any other law to get his accounts audited, it shall be sufficient compliance with the provisions of this section if such person gets the accounts audited in such manner and obtains the report of the audit and a further report in the form prescribed in accordance with this section. Explanation: - For the purpose of this section "accountant" shall have the same meaning as in the explanation to sub-section (2) of section 288 of the Income tax Act, 1961. (2) The audited statement of accounts and the report referred to in sub-section (1) above shall be furnished along with the return of agricultural income. Chapter VII Procedure for Assessment ----------------------------------------- ### 35. Return of Agricultural Income. (1) Every person, other than a Company or a person who has to get his accounts audited in accordance with section 34 who is liable to pay tax under this Act and every person to whom a permanent account number is allotted under section 36, till his permanent account number is withdrawn, shall, furnish to the Agricultural Income tax Officer so as to reach him before the 1st July, in the case of a person who has to get his accounts audited in accordance with section 34 on or before 31st October and in the case of a company on or before 31st December of the assessment year, a return in the prescribed form and verified in the prescribed manner, setting forth his total agricultural income or the total agricultural income of any other person or total extent of the landed properties in his name or in the name of such other persons, in respect of which he is assessable to tax under this Act during the previous year. (2) In the case of any person who, in the opinion of the Agricultural Income tax Officer, is assessable to tax under this Act, whether on his total agricultural income or on the total agricultural income of any person during the previous year, the Agricultural Income tax Officer, may, before the end of the relevant assessment year, issue a notice to such person and serve the same upon him requiring him to furnish within 30 days from the date of service of the notice, a return of his agricultural income or of the agricultural income of such other person or total extent of properties in his name or in the name of such other person during the previous year in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed: Provided that on an application made by such person, the Agricultural Income tax Officer may, in his discretion, extend the date for furnishing the return under sub-section (1) or sub-section (2) if such person has paid the advance tax during the previous year on the due dates prescribed under section 37. (3) The return under this section shall be in the prescribed form and shall be signed and verified, - (i) in the case of an individual by the individual himself, where the individual is absent from India by the individual concerned or by some person duly authorised by him on his behalf and where the individual is mentally incapacitated from attending to his affairs or where the individual is a minor, by his guardian or by any other person competent to act on his behalf; (ii) in the case of a company or local authority by the principal officer thereof; (iii) in the case of a firm, by any partner thereof not being a minor; (iv) in the case of any other association, by any member of the association or the principal officer thereof; and (v) in the case of any other person, by that person or by some person competent to act on his behalf; (4) The Agricultural Income tax Officer may serve on any person who has made a return under sub-section (1) or upon ,whom a notice has been served under sub-section (2), a notice requiring him, on a date to be specified therein, to produce or cause to be produced, such accounts or documents as the officer may require: Provided that the officer shall not require the production of any accounts relating to a period more than five years prior to the previous year in the case of an assessee who has furnished a return in accordance with sub- section (1) . ### 36. Permanent Account Numbers. (1) Every person if his total agricultural income or the total agricultural income of any other person in respect of which he is assessable under this Act during any previous year exceeded the amount which is not chargeable to tax under this Act and every person liable to pay tax in accordance with the provisions of section 13 if he has not been allowed a permanent account number shall, within such time and in such manner, as may be prescribed, apply to the Agricultural Income Tax Officer for the allotment of a permanent account number and he shall allot an account number to the applicant within such time as may be prescribed. (2) The Agricultural Income Tax Officer may also allot to any other person by whom tax is payable, a permanent account number. (3) Where a permanent account number has been allotted to any person under this Act, he shall- (a) quote such number in all his returns to or correspondence with any Agricultural Income Tax Authority; (b) quote such number In all chalans for the payment of any sum due under this Act; (c) quote such number in all documents pertaining to such transactions as may be prescribed by the Commissioner in the interest of the revenue and entered into by him; (d) intimate the Agricultural Income Tax Officer any change in this address. (4) When any person to whom a permanent account number has been allotted under this section disposes of the landed, properties or otherwise becomes not liable to pay tax under this Act, such person may apply to the Agricultural Income Tax Officer to withdraw the permanent account number allotted to him. (5) The Agricultural Income Tax Officer may, on receipt of an application under sub-section (4) or on his own motion after conducting such enquiries as he may deem necessary, by order withdraw the permanent account number allotted to such person from a date to be specified in the order. ### 37. Self assessment and payment of advance Tax. (1) Every person liable to furnish a return under section 35 or section 41 other than an assessee coming under S.13, shall pay tax for previous year on or before the end of February of the previous year or within three months from the commencement of this Act whichever is later, on the estimated total agricultural income which shall not be less than eighty per cent of the total agricultural income as per return. (2) Every person liable to pay tax under section 13 shall pay the tax for the previous year calculated on the extent of landed properties held in accordance with section 13, before the end of February of the previous year. (3) Every person liable to furnish a return under section 35 or section 41, before furnishing the return, shall pay the tax due on the total agricultural income derived during the previous year, after deducting the advance tax already paid by him in accordance with sub-section (1) or sub-section (2) as the case may be. (4) Any person who fails to pay tax in accordance with this section or in pursuance of a demand notice issued under, section 45 shall pay simple interest at the rate of twelve percent per annum for every month of delay or part thereof, on the unpaid balance tax: Provided that the Commissioner may reduce or waive the interest payable by any person, if he is satisfied there was sufficient reason for the non-payment of tax in time. (5) If any person fails to pay the tax or any part thereof in accordance with the provisions of sub-section (1) or sub-section (2) or fails to pay the tax in accordance with sub-section (3) before the due date fixed for filing the return, the assessing authority may direct that a sum equal to two percent of such tax or part thereof, as the case may be, shall be recovered from him by way of penalty for every month during which the default continues: Provided that before levying any such penalty, the person shall be given a reasonable opportunity of being heard: Provided further that the Commissioner may reduce or waive the penalty, if he is satisfied that there was sufficient reason for the delay in payment of the tax. ### 37A. Reduction of interest in certain cases. (1) Notwithstanding anything contained in this act or any judgement, decree or order of any Court or Tribunal, an assessee other than a company not being a small scale industrial unit who is in appear to pay tax due under this act for the period ending on the 31st day of March, 1997 shall be entitled to a reduction of sixty per cent of the amount of interest accrued on such tax under sub-section (4) of section 37; Provided that the entire arrears of tax with the reduction interest under the sub-section (2) shall be paid on or before 31st day of January 2000: Provided further that the maximum interest payable after allowing the reduction shall be limited to one hundred per cent of the amount of tax outstanding on the 1st day of April 1999. Provided also that where an assessee has paid the principle amount of tax or other amount due under this act prior to the 1st day of April, 1999 in pursuance of any order issued under this act by the Government or any authority, the interest payable by such assessee under this section shall be forty per cent of the interest outstanding as on the 1st day of April, 1999. (2) An assessee who opts for payment of the arrears under this section shall make an application to the Agriculture Income Tax Officer in writing on or before the 31st day of December, 1999. (3) On receipt of the application, the Agriculture Income Tax Officer shall intimate the quantum of tax due under this act and interest payable under sub-section (4) of section 37 as on the 1st day of April 1999, and the amount of interest payable after allowing the reduction of interest under this section. (4) Where any appeal or revision is pending against any order or proceeding any given rise to any demand and an assessee has opted to avail himself of the benefit under this section in respect of such demand, such appeal or revision may be continued as if the assessee had not opted for the benefit under this section. (5) Where the amount of tax is reduced in appeal or revision, the tax and the interest thereon paid in excess shall be refund to the assessee within three months from the date of receipt of the order in such appeal or revision of the assessing authority. ### 37C. [ Reduction of arrears in certain cases. [Substituted by Kerala Act No. 5 of 2019, dated19.7.2019.] (1) Notwithstanding anything contained in this Act or rules made thereunder or in any judgment, decree or order of any court, tribunal or appellate authority, any assessee who is in arrears of tax or any other amount due under this Act relating to the period up to and including 31st March, 2017, may opt for settling the arrears on payment of the principal amount of the tax in arrears by availing a complete reduction of the penalty amount, interest on the tax amount and on the penalty amount: Provided that in case where the evidence, details and records pertaining to the penalty levied is not utilized or not liable to be utilized for any best judgment assessment under this Act, the demand relating to such penalty shall be settled under this section on payment of applicable tax relating to the penalty as determined by the assessing authority. (2) Notwithstanding anything contained in the Kerala Revenue Recovery Act, 1968, (15 of 1968) reduction of arrears under sub-section (1) shall be applicable to those cases in which revenue recovery proceedings have been initiated and the assessing authorities shall have the power to collect such amounts on settlement under sub-section (1) and where the amount is settled under sub-section (1) the assessing authorities shall withdraw the revenue recovery proceedings against such assessees which will then be binding on the revenue authorities and such assessees shall not be liable for payment of any collection charges. (3) The assessee shall withdraw all the cases pending before any appellate or revisional authority, tribunal or courts for opting for settling the arrears under this section. (4) All arrears including tax and penalties pertaining to a year shall be settled together under this section. (5) An assessee who intends to opt for payment of arrears under sub-section (1) shall submit an option to the assessing authority on or before 30th September, 2019: Provided that with respect to demands generated after 30th September, 2019 the option may be filed within 30 days from the date of receipt of the order and in such cases the final payment of tax and other amount due as per this section shall be completed on or before 31st march, 2020. (6) The arrears for the purpose of settlement under this section shall be calculated as on the date of submission of option. (7) On receipt of the option under sub-section (5), the assessing authority shall determine the amount of tax and other amounts due from the dealer under sub-section (1) and shall intimate the same to the dealer, and thereupon the dealer shall remit the amount in a maximum of six instalments on or before 31st March, 2020. (8) Notwithstanding anything contained in section 91A, if an assessee who opts to settle his arrears under sub-section (1) has remitted or deposited any amount relating to the arrears after the service of demand notice, such amounts shall be given credit as tax under this option and the assesse shall furnish the proof of payments made in this regard: Provided that any amount paid towards penalty or interest thereon shall not be credited towards tax. (9) There shall not be any refund or any adjustment subsequently for the amount settled under this scheme, under any circumstances.] ### 38. Enquiry before assessment. (1) For the purpose of making an assessment under this Act the Agricultural Income Tax Officer may serve on any person who has furnished a return under Section 35 or to whom a notice has been issued under sub-section(2) of Section 35 (whether a return has been furnished or not) a notice requiring him on a date to be specified therein,- (i) to produce, or cause to be produced, such accounts or documents as the Agricultural Income Tax Officer may require, or (ii) to furnish in writing information on such points or matters as the Agricultural income Tax Officer may require. (2) For the purpose of obtaining full information in respect of the agricultural income of any person, the Agricultural Income Tax Officer may make such enquiry as he considers necessary. (3) The Agricultural Income Tax Officer may make such enquiry as he considers necessary or may inspect or cause to be inspected by any of the authorities under the Act, the holdings of a person with or without notice for the purpose of obtaining full information in respect of the agricultural income, expenses or loss of the person. (4) The assessee shall be given an opportunity of being heard in respect of any information gathered on the basis of any such enquiry of inspection and proposed to be utilised for the purposes of the assessment. (5) Where any inspection is made by any authority under the provisions of this Act, the person whose holdings are inspected is entitled to a copy of the inspection report. ### 39. Assessment of Agricultural Income. (1) If the Agricultural Income tax Officer is satisfied that a return furnished under section 35 by an assessee is correct and complete, he shall by order in writing, make an assessment and determine the sum payable by the assessee on the basis of such return. (2) If the Agricultural Income tax Officer considers it necessary or expedient to verify the correctness and completeness of the return by requiring the presence of the assessee or the production of evidence in this behalf, he shall serve on the assessee a notice requiring him, on a date to be specified therein, either to attend the office of the Agricultural Income tax Officer or to produce or to cause to be produced, any evidence the assessee may rely in support of the return. (3) On the day specified in the notice issued under sub-section (2) or as soon as may be, the Agricultural Income tax Officer, after considering the evidence as the assessee may produce and such other evidence as the Agricultural Income tax Officer may require on specified points, and after taking into account all relevant information which he has gather ed, shall, by an order in writing make an assessment of the assessee, and determine the sum payable by him or refundable to him on the basis of such assessment. (4) If any person fails to furnish the return as required by section 35 or fails to comply with the notice issued under sub-section (4) of section 35 or having furnished a return fails to comply with all the terms of a notice issued under sub-section (2), the Agricultural Income tax Officer after taking into account all relevant information which the Agricultural Income tax Officer has gathered, shall make the assessment to the best of his judgement and determine the sum payable by the assessee on the basis of such assessment. (5) No assessment under this section other than an assessment under sub-section (1) shall be made without giving the assessee a reasonable opportunity of being heard. (6) Any assessment other than those pending on the date of commencement of this Act shall be completed within a period of two years from the date of filing of the returns. Provided that in the case of assessment of agricultural income derived from rubber, coffee and manufactured tea, if the assessment under the Income Tax, Act, 1961 (Central Act 43 of 1961), is not completed when the Agricultural Income Tax Officer proceeds to complete the assessment, he may provisionally accept the agricultural income as per the return filed by him and revise such assessment in accordance with the order of the Income Tax Authority and the limitation fixed under any of the provisions of this Act shall not apply to such revision of assessment: Provided further that a person who is in receipt of agricultural income from manufactured tea fails to submit copy of the assessment older or appellate or revisional order under the Income Tax Act, 1961 (Central Act 43 of 1961), within thirty days of its receipt by him, he shall be liable to pay interest as provided under sub-section (4) and penalty as provided under sub-section (5) of Section 37 on the balance of tax payable in accordance with the order of the Income Tax Authority on the expiry of ninety days from the date on which he received such order. Explanation. - The time limit of two year mentioned in sub-section (6) shall apply only in the case of assessee who has filed return and it shall run from the date of receipt of the return by the Agricultural Income Tax Officer. In the case of those who are liable to submit return under sub-section (1) of section 35, but has failed to furnish such return, the time limit prescribed under section 41 shall apply. ### 40. Method of Accounting. (1) Agricultural Income chargeable to tax shall be computed in accordance with the method of accounting regularly employed by the assessee: Provided that in any case where the accounts are correct and complete to the satisfaction of the Agricultural Income tax f Officer. but the method employed is such that, in the opinion of the Agricultural Income tax Officer the income cannot properly be deduced therefrom, then the computation shall be made upon such basis and in such manner as the Agricultural Income tax Officer may determine. (2) Where the Agricultural Income tax Officer is not satisfied about the correctness or the completeness of the accounts of the assessee, or where no method of accounting has been regularly employed by the assessee, Agricultural income tax Officer may make an assessment in the manner provided in sub-section (3) or sub-section (4) of section 39. ### 41. Income escaping assessment. (1) If for any reason agricultural income chargeable to tax under this Act has escaped assessment in any financial year or has been assessed at too Iowa rate, the Agricultural Income tax Officer may at any time within ten years of the end of that year and subject to the provision of sub-section (2), serve on the person liable to pay the tax. a notice containing all or any of the requirements which may be included in a notice under sub-section (2) of section 35 and may proceed to assess or reassess such income and the provisions of this Act, shall, so far as may be apply accordingly as if the notice were a notice issued under that sub-section: Provided that the tax shall be charged at the rate at which it would have been charged if such income had not escaped assessment or full assessment, as the case may be: Provided further that the Agricultural Income tax Officer shall not issue notice under this sub-section unless he had recorded his reasons for doing so. (2) No notice shall be issued under sub-section (1) after the expiry of six years from the end of the relevant financial year unless the Commissioner is satisfied on the reasons recorded by the Agricultural Income tax Officer that it is a fit case for issue of such notice. (3) Notwithstanding anything contained in sub-section (1), a notice under that sub-section may be issued at any time for the purpose of making an assessment or re-assessment or recomputation in consequence of, or to give effect to any finding or direction contained in, an order passed by any authority in any proceeding under this Act by way of appeal or revision or an order or decision of any court. Explanation I: - Where by an order referred to in sub-section (3) , any agricultural income is excluded from the total agricultural income of the assessee for an assessment year then, an assessment of such agricultural income for another assessment year shall, for the purpose of the said sub-section, be deemed to be one made in consequence of or to give effect to any finding or direction contained in such order. Explanation II: - Where by an order referred to in sub-section (3) , the agricultural income is excluded from the total agricultural income of one person and held to be the agricultural income of the another person or persons then, an assessment of such agricultural income of such another person or persons shall, for the purpose of this subsection be deemed to be one made in consequence of or to give effect to any finding or direction contained in such order. (4) In computing the period of limitation for the purpose of this section, any period during which the assessment proceeding is stayed by an order or injunction of any court or other authority shall be excluded. ### 42. Rectification of mistakes. (1) An assessing authority or an appellate or revisional authority (including the Appellate Tribunal) may of its own motion or on application by the assessee at any time within four years from the date of any order passed by it, rectify any mistake apparent from the record: Provided that no such rectification shall be made having the effect of enhancing an assessment or reducing a refund unless such authority has given notice to the assessee of its intention so to do and has allowed him a reasonable opportunity of being heard. (2) In the event of the error in the order sought to be rectified under sub- section (1) being an arithmetical error, the authority who passed the order may rectify the error even though the order sought to be rectified has been made the subject matter of an appeal or revision. ### 43. Procedure when identical question of law is pending before High Court or Supreme Court. (1) Notwithstanding anything contained in this Act, where an assessee claims that any question of law arising in his case for an assessment year which is pending before the Agricultural Income tax Officer, or any appellate authority (such case being hereafter in this section referred to as the relevant case) is identical with a question of law arising in his case for another assessment year which is pending before the High Court in revision or in appeal (such case being hereafter in this section referred to as the other case), he may furnish to the Agricultural Income tax Officer or the appellate authority, as the case may be, a declaration in the prescribed form and verified in the prescribed manner, that if the Agricultural Income tax Officer or the appellate authority, as the case may be, agrees to apply to the relevant case the final decision on the question of law in the other case, he shall not raise such question of law in the relevant case in appeal before any appellate authority or for a revision before any authority or before the High Court or in appeal before the Supreme Court. (2) Where a declaration under sub-section (1) is furnished to any appellate authority, the appellate authority shall call for a report from the Agricultural Income tax Officer on the correctness of the claim made by the assessee and, where the Agricultural Income tax Officer makes a request to the appellate authority to give him an opportunity of being heard in the matter the appellate authority shall allow him such opportunity. (3) The Agricultural Income tax Officer or the appellate authority, as the case may be, may, by order in writing, (i) admit the claim of the assessee if he or it is satisfied that the question of law arising in the relevant case is identical with the question of law in the other case; or (ii) reject the claim if he or it is not so satisfied. (4) Where a claim is admitted under sub-section (3),- (a) the Agricultural Income tax Officer or, as the case may be, the appellate authority may make an order disposing of the relevant case without awaiting the final decision on the question of law in the other case; and (b) the assessee shall not be entitled to raise, in relation to the relevant case, such question of law in appeal before any appellate authority or for a revision before the High Court or in appeal before the Supreme Court. (5) When the decision on the question of law in the other case becomes final, it shall be applied to the relevant case and the Agricultural Income tax Officer or the appellate authority, as the case may be, shall, if necessary, amend the order referred to in clause (a) of sub-section (4) conformably to such decision. (6) An order under sub-section (5) shall be final and shall not be called in question in any proceedings by way of appeal, or revision under this Act. (7) Whereas any question of law decided by the High Court is applied by the Agricultural Income Tax Officer or the appellate authority to decide any case before him and that decision is over ruled by the High Court or by the Supreme Court, the Agricultural Income tax Officer or the appellate authority as the case may be may review the case in accordance with the later decision and the period of limitation prescribed under any of the provisions of the Act shall not apply to such review. Explanation: - in this section- (a) "Appellate Authority" means the Deputy Commissioner (Appeals) or the Appellate Tribunal; (b) "Case", in relation to an assessee, means any proceeding under this Act for the assessment of the total agricultural income of the assessee or for the imposition of any penalty on him. ### 44. Limitation not to apply to certain cases. (1) Where in respect of any completed assessment of a partner in a firm it is found, (a) on the assessment or re-assessment of the firm, or (b) on any reduction or enhancement made in the agricultural income of the firm in terms of any proceedings under this Act, that the share of the partner in the agricultural income of firm has not been included in the assessment of the partner or if included is not correct, the Agricultural Income tax Officer may amend the order of assessment of the partner with a view to the inclusion of the share in the assessment or the correction thereof, as the case may be, and the provisions of Section 42 shall, so far as may be, apply thereto, the period of four years specified in that section being reckoned from the date of the final order passed in the case of the firm. (2) Where in respect of any completed assessment of a member of an association of persons or of a body of individuals it is found- (a) on the assessment or re-assessment of the association or body of individuals, or (b) on any reduction or enhancement made in the agricultural income of the association or body of individuals in terms of any proceedings under the Act, that the share of the member in the agricultural income of the association or body of individuals as the case may be, has not been included in the assessment of the member or, if included, is not correct, the Agricultural Income tax Officer may amend the order of assessment of the member with a view to the inclusion of the share in he assessment or the correction thereof, as the case may be and the provisions of section 42 shall, so far as may apply thereto, the period of four years specified in that section being reckoned from the date of the final order passed in the case of the association, or body of individuals as the case may be. ### 45. Notice of demand. (1) When any tax, penalty, or any other sum is payable in consequence of any order passed under this Act or in pursuance of a return filed, the Agricultural Income tax Officer shall serve upon the assessee a notice of demand in the prescribed firm specifying the sum so payable together with a copy of such order. (2) Where a notice of demand specified in sub-section (1) is served, the amount due therein shall, together with the interest accrued under sub-section (4) of section 37, subject to the claims of Government in respect of basic tax payable under the provisions of the Kerala Land Tax Act, 1961 (Act 13 of 1961), be a first charge on the properties of the assessee liable to pay such amount and where such amount or part thereof relates to the properties transferred by the assessee, also on such properties. ### 46. Changes in demand consequent to appeal, revision or other proceedings. (1) Where any notice of demand under this Act is served upon an assessee and any appeal or other proceeding is filed or taken in respect of such demand then- (a) where the demand is enhanced in such appeal or other proceedings, the Agricultural Income tax Officer shall serve upon the assessee another notice of demand also in respect of the amount by which such demand is enhanced; and any proceedings in relation to such demand, as are covered by the notice or notices of demand served upon him before the disposal of such appeal or proceeding may, without the service of any fresh notice of demand be continued from the stage at which such proceedings stood immediately before such disposal; (b) where such demand is reduced in such appeal or other proceeding,- (i) it shall not be necessary for the Agricultural Income tax Officer to serve upon the assessee a fresh notice of demand; (ii) the Agricultural Income tax Officer shall give intimation of the fact of such reduction to the assessee, and where a certificate has been issued or all application or requisition has been made to any officer or authority for the recovery of such demand, also to such officer or authority; (iii) any proceedings initiated on the basis of the notice; or notices of demand served upon the assessee before the disposal of such appeal or other proceeding may be continued in relation to the amount so reduced from the stage at which such proceeding stood immediately before such disposal; (c) no proceedings in relation to such demand (including the imposition of penalty) shall be invalid by reason only that no fresh notice of demand was served upon the assessee after the disposal of such appeal or other proceeding: Provided that if such demand has been reduced as a result of any final order and the penalty imposed on the assessee for default in payment thereof exceeds the amount so reduced, the excess shall not be recovered and if it has already been recovered, it shall be refunded to the assessee in accordance with the provisions of this Act: Provided further that where any demand is reduced in such appeal or other proceeding and the assessee is entitled to any refund thereof, such refund shall be made in accordance with the provisions of this Act. (2) No fresh notice of demand shall be necessary in any case where the amount of demand is not varied as a result of any order passed in any appeal or other proceeding under this Act. (3) Where as a result of any final order, the amount of tax, with respect to the default in the payment of which- (a) interest was levied has been annulled, the interest levied shall be cancelled and the amount of interest, if any, paid shall be refunded; (b) interest was levied has been reduced, the interest levied, shall be proportionately reduced and the interest, if any, found as paid in excess consequent on such reduction, shall be refunded. Chapter VIII Liability In Special Cases -------------------------------------------- ### 47. Power to assess individual members of certain associations and companies. (1) Where the Agricultural Income tax Officer is satisfied that any association of individuals or a company is under the control of one member or share holder thereof and that such association or company has been formed or is being used for the purpose, of evading or reducing the liability to tax of any member or share holder thereof, he may, with the previous approval of the Commissioner, pass an order stating that the sum payable as tax by the association or company shall not be determined and there upon the share of each member or share holder in the agricultural income of the association or company shall be included in his total agricultural income for the purpose of his assessment thereon. Explanation: - A member of an association or company who owns the whole or the major portion of the capital of the association or company shall not by reason only of that fact, be deemed to control the association or company. (2) The Commissioner shall not give his approval to an order proposed to be passed by the Agricultural Income tax Officer under sub-section (1), unless he has given the association or company concerned an opportunity of being heard. (3) Where any member of an association of individuals or the share holder of a company makes default in the payment of tax on his share of income which has been included in his total agricultural income under the provisions of sub-section (1), such tax may be recovered from the assets of the association or company, as the case may be. (4) where tax is recoverable from a company or association under this section, a notice of demand shall be served upon it in the prescribed form showing the sum so payable and such company or association shall be deemed to be the assessee in, respect of such sum, for the purposes of Chapter IX. ### 48. Legal Representatives. (1) Where a person dies, his legal representative shall be liable to pay any sum which the deceased i would have been liable to pay under this Act if he had not died, in the like manner and to the same extent as the deceased. (2) For the purpose of making an assessment (including an assessment, re-assessment or recomputation under chapter VII) , of the agricultural income of the deceased and for the purpose of levying any sum at the hands of the legal representative in accordance with the provisions of sub-section (1) (a) any proceeding taken against the deceased before his death shall be deemed to have been taken against the legal representative and may be continued against the legal representative from the stage at which it stood on the date of death of the deceased; (b) any proceeding which could have been taken against the deceased if he had survived, may be taken against the legal representative; and (c) all the provisions of this Act shall apply accordingly, (3) The legal representative of the deceased shall for the purposes of this Act, be deemed to be an assessee. (4) Every legal representative shall be personally liable for any tax payable by him in his capacity as legal representative, if, while his liability for tax remains undercharged, he creates a charge on or disposes of or parts with any assets of the estate of the deceased, which are in, or may come into, his possession, but such liability shall be limited to the value of the asset so charged. disposed of or parted with in respect of these assets. (5) The liability of a legal representative under this section shall, subject to the provisions of sub-section (4) be limited to the extent to which the assets of the deceased is capable of meeting the liability. ### 49. Representative assessee. (1) For the purposes of this Act, representative assessee means, - (i) in respect of the agricultural income of a non-resident, the agent of the non-resident, including a person who is treated as an agent under section 51; (ii) in respect of the agricultural income of a minor lunatic or idiot, the guardian or manager who is entitled to receive or is in receipt of such income on behalf of such minor, lunatic or idiot; (iii) in respect of agricultural income which the Court of Wards, the Administrator General, the Official Trustee or any receiver or manager (including any person, whatever his designation, who in fact manages the property on behalf of another) appointed by or under any order of a court, receives or is entitled to receive, on behalf or for the benefit of any person, such Court of Wards, Administrator General, Official Trustee, receiver or manager; (iv) in respect of agricultural income which a trustee appointed under a trust declared by a duly executed instrument in writing whether testamentary or not, receives or is entitled to receive on behalf or for the benefit of any person, such trustee or trustees. (2) Every representative assessee shall be deemed to be an assessee for the purposes of this Act. ### 50. Liability of representative assessee. - ( 1) Every representative assessee, as regards the agricultural income in respect which he is a representative assessee, shall be subject to the same duties, responsibilities and liabilities as if the agricultural income were income received by or accruing to or in favour of him and shall be liable to assessment in his own name in respect of that agricultural income, but any such assessment shall be deemed to be made upon him in his representative capacity only, and the tax shall be levied upon and recovered from him in like manner and to the same extent as it would be leviable upon and recoverable from the person represented by him. (2) Where any person is, in respect of any agricultural income, assessable in the capacity of a representative assessee, he shall not, in respect of that agricultural income, be assessed under any other provision of this Act. ### 51. Who may be regarded as an agent of a non- resident. (1) For the purpose of this Act. 'Agent' in relation to a non-resident, includes any person in the State,- (a) who is employed by or on behalf of the non-resident or (b) who has any business connection with the non-resident; or (c) from or through whom the non -resident is in receipt of any agricultural income whether directly or indirectly; or (d) who is the trustee of the non-resident. (2) No person shall be treated as the agent of a non- resident, unless he has been given an opportunity of being heard by the Agricultural Income Tax Officer as to his liability to be treated as such. ### 52. Direct assessment or recovery not barred. - Nothing in the foregoing sections in this Chapter shall prevent either the direct assessment of the person on whose behalf, or for whose benefit, agricultural income referred to therein is receivable, or the recovery from such person of the tax payable in respect of such agricultural income. ### 53. Remedies against property in cases of representative assessees. - The. Agricultural Income Tax officer shall have the same remedies against all property of any kind vested in or under the control or management of any representative assessee as he would have against the property of any person liable to pay any tax, whether the demand is raised against the representative assessee or against the beneficiary direct ### 54. Succession to business. - Where a person carrying on any business in the course of which agricultural income is received, has been succeeded in such capacity by another person, such person and such other person, shall each be assessed in respect of his actual share of the agricultural income of the previous year: Provided that when the persons succeeded in the business cannot be found, the assessment of the agricultural income of the year in which the succession took place upto the date of succession, and for the years preceding that year shall be made on the person succeeding him, in like manner and to the same extent, as it would have been made on the person succeeded or when the tax in respect of the assessment made for such years assessed on the person succeeded cannot be recovered from him, it shall be payable by and recoverable from the person succeeding and such person shall be entitled to recover from the person succeeded the, amount of any tax so paid. ### 55. Assessment when title to the property is disputed. (1) When title to any property from which agricultural income is derived or liable pay tax under this Act is under dispute, whether any suit to decide the issue is pending in any court or not, the agricultural income from such property is assessable on the person who holds the property or who derives the income therefrom including any Administrator or official receiver. (2) In computing the agricultural income for the purposes of subsection (1) the aggregate of agricultural income of either, party to the suit or who claim the title to the property whichever is higher, shall be included in it tax shall be calculated on this aggregate agricultural income and after deducting the tax already demanded from the person whose agricultural income was so included, the balance tax shall be assessed on the person who holds the property or derives agricultural income therefrom. (3) Any person who holds any property in dispute and derives agricultural income therefrom including any administrator or official receiver shall pay the tax due under the Act in accordance with the provisions of this Act and shall be recoverable from him without prejudice to any other mode of recovery as if it were a tax imposed on him. (4) The Agricultural Income tax Officer may review any order passed under this section, when the dispute over the property, is finally settled and re-determine the tax within four years from the, date of such final settlement in accordance with the provisions of this Act. (5) If as a result of any order passed under sub-section (4) above, any amount is found due, it shall be demanded from the person in whose favour the final settlement of the dispute is made and shall together with any amount of tax due to be recovered from him or from the properties in accordance with the provisions of this Act. ### 56. Assessment in cases of departure from the State. (1) Where it appears to the Agricultural Income Tax Officer that any person intend to alienate his rights, title and interest in any land in the State and that such person may leave the State during the financial year or shortly after its expiry and that he has no present intention of returning, the Agricultural Income tax Officer may proceed to assess him on his agricultural income for the period from the expiry of the last previous year for which he has been assessed to the probable date of his departure from the State. For such completed previous year included in the period, an assessment shall be made on the total agricultural income of such person at the rate at which it would have been charged had such income been fully assessed, and for the period from the expiry of the last date of such previous year to the probable date of departure, the Agricultural Income Tax Officer shall estimate the total agricultural income of such person and accordingly make an assessment on it: Provided that nothing herein contained shall authorise the Agricultural Income tax Officer to assess any agricultural income, which has escaped assessment or has been assessed at too Iowa rate in respect of which he is barred from issuing notice under section 41. (2) For the purpose of making an assessment under sub- section (1), the Agricultural Income Tax Officer may serve a notice upon such person requiring him to furnish within such time not being less than four days as may be specified in the notice. a return in the same form and verified in the same manner as a return under sub-section (2) of section 35 setting forth, along with such other particulars as may be provided for in the notice his agricultural income for each of the completed previous years comprised in the period first referred to in sub-section (1) and his estimated agricultural income for the period from the expiry, of the last such completed previous year to the probable date of his departure, and provisions of this Act shall, so far as may be, apply as if the notice were a notice issued under subsection (2) of section 35. ### 56A. Assessee to furnish details of acquisition and disposal of landed property. - Every person liable to pay tax and every person to whom a permanent account number has been allotted under this act, shall intimate in writing to the assessing authority the details of any landed property acquired or disposal of by him, within two months of such acquisition or disposal, as the case may be. ### 57. Assessments of persons transferring property. (1) Where a person in receipt of agricultural income from any land in the State is found to have transferred his interest in such land to another person, the transferor and the transferee shall each be assessed in respect of his actual share, if any, of such agricultural income. (2) When the transferor cannot be found, the assessment of such agricultural income of the previous year in which the transfer took place up to the date of the transfer and for the years preceding that year shall be made on the transferee in like manner and to the same amount, as it would have been made on the transfer or or when the tax in respect of the assessment made before or after the transfer for any or all of such year assessed on the transfer or cannot be recovered from him, it shall be payable by and recoverable from the transferee, and the transferee shall be entitled to recover from the transferor the amount of any tax so paid. (3) An assessee transferring his interest in any land in the State to another person shall give to the Agricultural Income-tax Officer a notice of such transfer within fifteen days thereof. Explanation. - The provisions in this section shall apply to any subsequent transfer of the property and the terms 'transferor' and 'transferee' shall mean every subsequent 'transferor' and 'transferee, until the tax payable under this Act is fully paid or recovered. ### 58. Assessment in case of discontinued business of company firm or association. (1) Where Agricultural Income is received by a company, firm or Association of persons, and the business through which such income is received is discontinued in any year, an assessment may be made in that year on the basis of the agricultural income received during the period between the end of the previous year and the date of such discontinuance, in addition to the assessment, if any, made on the basis of the agricultural income received in the previous year. (2) Any person discontinuing any such business shall give to the Agricultural Income tax Officer, notice of such discontinuance within thirty days thereof. (3) where any such business is discontinued in any year any sum received after the discontinuance shall be deemed to be the agricultural income of the recipient and chargeable to tax accordingly in the year of receipt, as if such sum would have been included in the agricultural income of the person who carried on the business, had such sum been received before such discontinuance. (4) Where an assessment is to be made under sub-section (1) the Agricultural Income-tax Officer may, serve on the person whose agricultural income is to be assessed or in the case of a firm or any person who was a member of such firm at the time of the discontinuance or, in the case of a company, on the principal Officer thereof notice containing all or any of the requirements which may be included in a notice under sub-section (2) of section35 and the provisions of this Act shall, so far as may be, apply accordingly as if the notice where a notice issued under that sub- section. ### 59. Firm, Association, etc., dissolved or business discontinued. (1) Where agricultural income is received by a firm or association of persons and the business of such firm or association of persons is discontinued or such firm or association of persons is dissolved the Agricultural Income Tax Officer shall make an assessment of the agricultural income of the firm or association of persons as if no such discontinuance or dissolution had taken place, and all the provisions of this Act, inc1uding the provisions relating to the levy of penalty or any other sum chargeable under any provision of this Act shall apply, so far as may be, to such assessment. (2) Without prejudice to the generality of the foregoing pro- visions, if the Agricultural Income tax Officer in the course of any proceeding under this Act in respect of any such firm or association of persons referred to therein is satisfied that the firm or association of persons was guilty of any of the acts specified in Chapter XII he may impose a penalty in accordance with the provisions of that Chapter. (3) Every person who was at the time of such discontinuance or dissolution a partner of the firm or member of the association of persons and the legal representative of any such person who is deceased shall be jointly and severally liable for the amount of tax, penalty or other sum payable, and all the provisions of this Act, so far as may be, shall apply to any such assessment or imposition of penalty or other sum. (4) Where such discontinuance or dissolution takes place after any proceedings in respect of an assessment year have commenced, the proceedings may be continued against the persons referred to in subsection (3) from the stage at which the proceedings stood at the time of such discontinuance, or dissolution and all the provisions of this Act shall, so far as may be, apply accordingly. (5) Any transfer of property by any person, partner or member to the firm or association of persons and vice versa, shall be registered under the Registration Act, 1908 (Central Act 16 of 1908). ### 60. Company in liquidation. (1) Every person- (a) who is a liquidator of any company which is being wound up, whether under the orders of court or otherwise, or (b) who has been appointed the receiver of any assets of company (hereinafter referred to as the liquidator) shall, within thirty days after he has become such liquidator, give notice of his appointment as such, to the Agricultural Income tax Officer who is entitled to asses the agricultural income of the company. (2) The Agricultural Income tax Officer shall, after making such enquiries or calling for such information as he may deem fit, notify to the liquidator within three months from the date on which he receives notice of the appointment of the liquidator, the amount which, in the opinion of the Agricultural Income tax Officer, would be sufficient to provide for any tax which is then, or is likely thereafter, to become payable by the company. (3) The liquidator,- (a) shall not without the leave of the Commissioner, part with any of the assets of the company or the properties in his hands until he has been notified by the Agricultural Income tax Officer under sub-section (2), and; (b) on being so notified, shall set apart an amount equal to the amount notified and, until he so sets apart such amount, shall not part with any of the assets of the company or the properties in his hands. (4) If the liquidator fails to give notice in accordance with sub-section (1) or fails to set apart the amount as required by sub-section (3) or parts with any of the assets of the company or the properties in his hands in contravention of the provisions of that sub-section shall be personally liable for the payment of the tax which the company would be liable to pay: Provided that if the amount of any tax payable by the company is notified under sub-section (2) , the personal liability of the liquidator under this sub-section shall be to the extent of such amount. (5) Where there are more liquidators than one, the obligations and liabilities attached to the liquidator under this section shall attach to all the liquidators jointly and severally. ### 61. Liability of directors of private company in liquidation. - Where any tax due from a private company in respect of any income of any previous year during which such company was a private company cannot be recovered, then every person who was a director of the private company at any time during the relevant previous years shall be jointly and severally liable for the payment of such tax, unless, he proves that the non-recovery is not due to any gross neglect, misfeasance or breach of duty on his part in relation to the affairs of the company. Chapter IX Collection and Recovery of Tax and Penalties ------------------------------------------------------------ ### 62. Payment of tax, penalty etc. (1) Any amount specified as payable under this Act other than interest accrued, shall be paid as specified in the notice of demand under section 45, which shall not be less than thirty days from the date of the order for such payment. (2) If the amount is not paid within the time specified, the assessee shall be deemed to be in default: Provided that an assessee shall not be deemed to be in default if he has complied with any order or direction of the appellate or revisional authority regarding the payment of tax when an appeal or revision is pending before such authority. (3) Where, during the pendency of any proceedings under this Act, any assessee creates a charge on or parts with the possession by way of sale, mortgage, exchange or any other mode Of transfer whatsoever, of any of his assets, in favour of any other person, with the intention of evading payment of tax or other sum such charge or transfer shall be void as against any claim in respect, of any tax or any other sum payable by the assessee as a result of the completion of the said proceeding. Provided that a transferee in good faith and for valuable consideration is entitled to compensation for the loss or damage or both from the transferor: Provided further that the burden of proving that the transfer was in good faith IS on the transferee. ### 63. Penalty payable when tax in default. (1) When an assessee is in default in making payment of tax, he shall, in addition to the amount of the arrears and the amount of interest payable under subsection (4) of section 37 be liable, by way of penalty, to pay such amount as the Agricultural Income Tax Officer may direct, and in the case of a continuing default such further amount or amounts as the Agricultural Income Tax Officer, may, from time to time direct so however, that the total amount of penalty does not exceed the amount of tax in arrears: Provided that before levying any such penalty 1he assessee shall be given a reasonable opportunity of being heard. Explanation: - For the removal of doubt, it is hereby declared that an assessee shall not cease to be liable to any penalty under this subsection merely for the reasons that before the levy of such penalty, he has paid the tax or the Agricultural Income Tax Officer has initiated any proceedings for the recovery of the amount. ### 64. Certificate to Collector. (1) The Agricultural Income Tax Officer may forward to the Collector a certificate under his signature, specifying the amount of arrears due from an assessee and the Collector, on receipt of such certificate, shall proceed to recover from such assessee the amount specified therein as if it were an arrear of land revenue: Provided that without prejudice to any other powers of the Collector in this behalf, he shall, for the purpose of recovering the said amount, have the powers which under the Code of Civil Procedure (Central Act V of 1908), a Civil Court has, for the purpose of the recovery on an amount due under a decree. (2) The Agricultural Income Tax Officer may issue a certificate under sub-section (1) notwithstanding that the proceedings, for recovery of the arrears by any other mode have been taken ### 65. Other modes of recovery. (1) The Agricultural Income Tax Officer may, at any time or from time to time, by notice in writing require any person from whom money is due or may become due to the assessee or any person who holds or may subsequently hold money for or on account of the assessee, to pay to the Agricultural Income tax Officer, either forthwith upon the money becoming due or being held or within the time specified in the notice (not being before the money becomes due or is held) so much of the .C money, as is sufficient to pay the amount due by the assessee in respect of arrears or the whole of the money, whel1 it is equal to or less than that amount. (2) A notice under this section may be issued to any person who holds or subsequently hold any money for on account of the assessee, jointly with any other person and for the purposes of this section, the shares of the joint holders in such account shall be presumed to be equal until the contrary is proved. (3) A copy of the notice shall be forwarded to the assessee at his last address known to the Agricultural Income tax Officer, and in the case of a joint account to all the joint account holders at their last addresses known to Agricultural Income tax Officer. (4) Save as otherwise provided in this section, every person to whom a notice is issued under this section shall be bound to comply with such notice, and, in particular where any such notice is issued to a post office, banking company or an insurer, it shall not be necessary for any pass book, deposit receipt, policy of any entry, endorsement or the like, being made before payment is made notwithstanding any rule, practice, or requirement to the contrary. (5) Any claim respecting any property in relation to which a notice under this section has been issued, arising after the date" of notice, shall be void as against any demand contained in the notice. (6) Where a person to whom a notice under this section is sent, objects to it by a statement on oath that the sum demanded or any part thereof, is not due to the assessee or that he does not hold any money for or on account of the assessee, then, nothing contained in this section shall be deemed to require such person to pay any such sum or part thereof, as the case may be, but if it is discovered that such statement was false in any material particular, such person shall be personally liable to the Agricultural Income tax Officer to the extent of his own liability to the assessee on the date of the notice, or to the extent of the assessee's liability for any sum due under this Act, whichever is less and be liable for prosecution. (7) The Agricultural Income tax Officer may, at any time amend or revoke any notice issued under this section or extend the time for making any payment in pursuance of such notice, (8) The Agricultural Income tax Officer shall grant a receipt for any amount paid in compliance with a notice issued under this section and the person so paying shall be fully discharged from his liability to the assessee to the extent of the amount so paid. (9) Any person discharging any liability to the assessee after receipt of a notice under this section shall be personally liable to the Agricultural Income tax Officer to the extent of his own liability to the assessee so discharged or to the extent of the assessee's liability for any sum due under this Act, whichever is less. (10) If the person to whom a notice under this section is sent, fails to make payment in pursuance thereof, to the Agricultural Income tax Officer, he shall be deemed to be an assessee in default in respect of the amount specified in the notice and further proceedings may be taken against him fur the realisation of the amount, as if it were arrears of tax due from him and the notice shall have the same effect as, an attachment of a debt under the Kerala Revenue Recovery Act, 1968 (Act 15 of 1968). (11) The Agricultural Income tax Officer may apply to the Court in whose custody there is money belonging to the assessee for payment to him for the entire amount of such money, or if it is more than the amount due, an amount sufficient to discharge such dues. ### 66. Recovery of penalties. - Any penalty or interest due under the provisions of this Act shall be recoverable in the manner provided in this Chapter for the recovery of tax. ### 67. Recovery by suit or under other law not affected. - The several modes of recovery specified in this Chapter shall not affect in any way, - (a) any other law for the time being in force relating to the recovery of debts due to the Government; or (b) the right of the Government to institute a suit for the recovery of the arrears due from the assessee; and it shall be lawful for the Agricultural Income tax Officer or the Government, as the case may be, to have recourse to any law or suit, notwithstanding that the tax due is being recovered from the assessee by any mode specified in this Chapter. ### 67A. Tax payable to be the first charge on the property. - Notwithstanding anything to the contrary contained in any law for the time being in force, any amount of tax, penalty, interest or any other amount if any, payable by an assessee or any other person under this Act, shall be the first charge on the property of the assessee, or such person. Chapter X Refunds ---------------------- ### 68. Refunds. (1) If any person satisfies the Agricultural Income tax Officer that the amount of tax paid by him for any, assessment year exceeds the amount with which he is properly chargeable under this Act for that year, he shall be entitled to a 1 refund of the excess amount so paid. (2) Where, as a result of any order passed in appeal or other proceedings under this Act, refund of any amount becomes due to the assessee, the Agricultural Income tax Officer shall, except as otherwise provided in this Act refund the amount to the assessee without his having made any claim in that behalf. (3) If any advance tax paid by any person in accordance with section 37 is found in excess of the amount properly chargeable under this Act for the year, he shall be entitled to a refund of the excess amount so paid. (4) If any refund due under this section is not paid within, three months from the date of receipt of the order by which the claim for refund has arisen simple interest at 15 per cent per annum is to be paid to the assessee on such amount from the date of expiry of the said three months. ### 69. Person entitled to claim refund in certain special cases. (1) Where agricultural income of one person is included under any provision of this Act in the agricultural income of any other person, such other person shall be entitled to a refund under this chapter in respect of such income. (2) Where through death, incapacity, insolvency, liquidation or other cause, a person is unable to claim or receive any refund due to him, his legal representative or the trustee or guardian or receiver, as the case may be, shall be entitled to claim or receive such refunds for the benefit of such person or his estate. ### 70. Power to withhold refund in certain cases. - Where an order giving rise to a refund is the subject matter of an appeal or further proceeding, or where any other proceeding under this Act, is pending and the Agricultural Income tax Officer is of opinion that the grant of the refund is likely to adversely affect the revenue, the Agricultural Income Tax Officer may, with the previous approval of such higher authority as may be prescribed withhold the refund till such time as such higher authority may determine. ### 71. Set off of refunds against sum remaining payable. - Where under any of the provisions of this Act, a refund is found to be due to any person, the Agricultural Income tax Officer, the Appellate Assistant Commissioner, the Inspecting Assistant Commissioner, the Deputy Commissioner or the Commissioner, as the case may be may in lieu of payment of the refund, set off the amount to be refunded or any part of that amount, against the tax, penalty or interest if any remaining payable under this Act by the person to whom the refund is due. Chapter XI Appeals and Revisions ------------------------------------- ### 72. Appeal against orders passed by the Agricultural Income tax Officer. (1) Any assessee aggrieved by any order passed by the Agricultural Income tax Officer may appeal to the Deputy Commissioner (Appeals) against such order. (2) Any assessee aggrieved by any order passed by the Inspecting Assistant Commissioner may appeal to the Deputy Commissioner against such order. (2A) Notwithstanding anything contained in sub-section (1) or subsection (2) any assessee aggrieved by an order passed by the Agricultural Income Tax Officer or Inspecting Assistant Commissioner may file an appeal before the Appellate Tribunal where such order involves only a question of law which has been settled by a decision of the High Court or the Supreme Court. (3) Every appeal under this section shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a fee of two hundred rupees. (4) The appeal shall be presented within a period of thirty days from the date of service of the order sought to be appealed against: Provided that the Appellate Assistant Commissioner or the Deputy Commissioner, as the case may be, may admit an appeal after the expiration of the said period, if he is satisfied that the appellant had sufficient cause for not presenting it within that period. (5) No appeal under this section shall be admitted unless at the time of presenting the appeal, the assessee has paid the tax due on the agricultural income admitted by him. (6) The Deputy Commissioner (Appeals) shall fix a day and place for the hearing of the appeal and shall give notice of the same to the appellant and to the Agricultural Income tax Officer or the Inspecting Assistant Commissioner as the case may be against whose order the appeal is preferred. (7) The appellant or the Agricultural Income tax Officer or the Inspecting Assistant Commissioner as the case may be, shall have the right to be heard either in person or by an authorised representative. (8) The Deputy Commissioner (Appeals) shall have the power to adjourn the hearing of the, appeal from time to time. (9) The Deputy Commissioner (Appeals) disposing of any appeal may make such further inquiry as he thinks fit, or may direct the Agricultural Income tax Officer or Inspecting Assistant Commissioner as the case may be, to make further inquiry and report the result of the same to the Appellate Assistant Commissioner or Deputy Commissioner as the case may be. (10) The Deputy Commissioner (Appeals) may at the time of hearing of an appeal, allow the appellant to raise any ground of appeal, not specified in the grounds of appeal, if the Appellate Assistant Commissioner or Deputy Commissioner is satisfied that the omission of the ground in the form of appeal was not wilful. (11) The order of the Deputy Commissioner (Appeals) disposing of the appeal shall be in writing and shall state the points for determination, the decision thereon and the reason for the decision. (12) On the disposal of the appeal, the Deputy Commissioner (Appeals) shall communicate the order passed by him to the assessee and to such other officers of the department, as the Board of Revenue may direct. (13) In disposing of an appeal, the Deputy Commissioner (Appeals) shall have the following powers: - (a) In an appeal an order of assessment he may.- (i) confirm, reduce, enhance or annul the assessment; or (ii) set aside the assessment or refer the case back to the Agricultural Income tax Officer or the inspecting Assistant Commissioner as the case may be, for making a fresh assessment in accordance with the directions given by the Appellate Assistant Commissioner or the Deputy Commissioner as the case may be and the Agricultural Income tax Officer or inspecting Assistant Commissioner as the case may be shall, there upon proceed to make a fresh assessment and determine, wherever necessary, the amount of tax payable on the basis of such fresh assessment; or (iii) pass such other order as he may think fit. (b) In an appeal against an order imposing a penalty, he may confirm or cancel such order or vary it as either to enhance or to reduce the penalty. (c) In an appeal against any other order he may pass such orders as he thinks fit. (14) The Deputy Commissioner (Appeals) shall not enhance an assessment or a penalty or reduce the amount of refund unless the appellant is given a reasonable opportunity of showing cause against such enhancement or reduction. (15) Where as a result of an appeal any change is made in the assessment of a firm or association of persons or a new assessment of any of these is ordered to be made, the Deputy Commissioner (Appeals) may authorise the Agricultural Income tax Officer or the Inspecting Assistant Commissioner as the case may be, to amend accordingly any assessment made on any partner of the firm or any member of the association. (16) Notwithstanding that an appeal has been preferred under subsection (1), the tax or other amount shall be paid in accordance with the order, against which the appeal has been preferred: Provided that the Deputy Commissioner (Appeals) may in his discretion, give, such directions as he thinks fit, in regard to the payment of tax, before the disposal of the appeal. ### 73. The Appellate Tribunal. (1) The Government may appoint an Appellate Tribunal consisting of a Chairman and as many members as may be necessary to exercise the powers and discharge the functions conferred on the Appellate Tribunal by this Act. (2) The Chairman shall be a person who is, or has been or is qualified to be appointed as a Judicial Officer not below the rank of a District Judge and the other members shall possess such qualifications as may be prescribed. (3) Any vacancy in the office of a member of the Appellate , Tribunal shall be filled by the Government. (4) (a) Subject to the provisions of sub-sections (5) , (6), (7) and (8) the functions of the Appellate Tribunal may be performed: (i) by a Bench consisting of the Chairman and any other member or members of the Tribunal constituted by the Chairman; or (ii) by a Bench consisting of two or more members other than the Chairman, constituted by the Chairman. (b) The Chairman or any other member of the Appellate Tribunal nominated by him may, sitting single, dispose of any case which pertains to an assessee, whose total agricultural income as computed by the Agricultural Income tax Officer does not exceed fifty thousand rupees and all cases of assessment under section 13. (5) If any case which comes up before a Bench consisting of a single member or a Bench consisting more than one member of which the Chairman is not a member, involves a question of law, the Bench may in its discretion or where the total agricultural income assessed exceeds rupees one lakh the Bench shall, reserve such case for decision by a Bench to be constituted under sub-section (4) of which the Chairman shall be a member. (6) If the members of a Bench differ in opinion on any point, the point shall be decided according to the opinion of the majority, but if the members are equally divided, they shall state the point or points on which they differ, and such point or points shall be heard, - (i) where the Chairman is not a member of that Bench either by the Chairman, or by the Chairman and any other member or members as the Chairman may direct; and (ii) when the Chairman is a member of that Bench, by any other member or members to whom the case is referred by the Chairman and such point or points shall be decided according to the opinion of the majority of the members of the Tribunal who have heard the case, including those who first heard. (7) Any member who has previously dealt with any case coming up before the Appellate Tribunal in any other capacity or is personally interested in any case coming up before the Appellate Tribunal, shall be disqualified to hear that case. (8) Where any member or members of the Appellate Tribunal is are disqualified under sub-section (7) to hear any case coming up before the Tribunal, the case shall be referred to another Bench for decision. (9) The Appellant Tribunal shall, with the previous sanction of the Government, make regulations consistent with the provisions of this Act and the rules made there under, for regulating its procedure and the disposal of business. (10) The regulations made under sub-section (9) shall be published in the Gazette. ### 74. Appeals to the Appellate Tribunal. (1) Any assessee aggrieved by any of the following orders may appeal to the Appellate Tribunal against such order. (a) an order passed by the Deputy Commissioner (Appeals), under section 72; (b) an order Imposing a penalty by an Inspecting Assistant Commissioner, or Deputy Commissioner. (c) any order referred to in sub-section (2A) of section 72. (2) Any Officer empowered by the Government in this behalf may if he objects to any order, passed under section 72, appeal to the Appellate Tribunal against such order, (3) Every appeal under sub-section (1) and sub-section (2) shall be filed within a period of sixty days from the date on which the order sought to be appealed against is served to the, assessee or to the Inspecting Assistant Commissioner or Deputy Commissioner as the case may be. (4) The Officer empowered by the Government under sub-section (2) or the assessee as the case may be, on receipt of notice that an appeal against the order of the Deputy Commissioner (Appeals) has been preferred under sub-section (1) or sub-section (2) by the other party, may notwithstanding that he may not have appealed against such order, within thirty days of the receipt of the notice, file a, memorandum of cross objections, verified in the prescribed manner against any part of the order of the Appellate Assistant Commissioner or Deputy Commissioner and such memorandum shall be disposed of by the Appellate Tribunal, as if it were an appeal presented within the time specified in sub-section (1) or sub-section (2). (5) The Appellate Tribunal may admit an appeal or permit the filing of a memorandum of cross objections after the expiry of period referred to in sub-section (3) or sub-section (4), if it is satisfied that there was sufficient cause for not presenting it within that period. (6) An appeal to the Appellate Tribunal shall be in the prescribed form and shall be verified in the prescribed manner, and shall, except in the case of an appeal referred to in sub-section (2) or a memorandum of cross objections referred to in sub-section (4), be accompanied by a fee of five hundred rupees. (7) In respect of appeals presented before it the Appellate Tribunal may, after giving both parties to the appeal an opportunity of being heard, - (a) in the case of an order of assessment- (i) confirm, reduce, enhance or annul the assessment; or (ii) set aside the assessment and refer the case back to Agricultural Income Tax Officer or the Inspecting Assistant Commissioner as the case may be, for making a fresh assessment in accordance with the directions given by the Appellate Tribunal and after making such further enquiry as may be necessary, the Agricultural Income tax Officer or the Inspecting Assistant Commissioner as the case may be, shall, thereupon proceed to make a fresh assessment and determine, where necessary, the amount of tax payable on the basis of such fresh assessment; or (iii) pass such other order as the Appellate Tribunal may think fit; (b) in the case of an order imposing a penalty confirm or cancel such order or vary it so as either to enhance or to reduce the penalty; or (c) in the case of any other order, pass such order, as it thinks fit. Explanation. - The power of enhancement in this sub-section is enhancement of either the agricultural income or tax or penalty over i, and above that fixed as per the orders appealed against and the Appellate Tribunal shall have the power to enhance even if there is no appeal or cross objection by the officer empowered by Government under sub-section (2) . (8) (a) When appeals are presented by the assessee and the Officer empowered by Government under sub-section (2) , or cross objections are presented by either of them, against the same order of the Deputy Commissioner (Appeals) both the appeals along with the cross objections, if any, shall be heard together and disposed of by a common order. (b) When the Appellate Tribunal passes any order in contravention of clause (a) of this sub-section, such order shall not be binding on the party whose appeal or cross objections is pending hearing and the Appellate Tribunal shall on application by either party to the appeal, shall proceed to re-hear the appeal, as if it was not so decided and pass orders in accordance with sub-section (7) and clause (a) of this sub-section. (9) Where, as a result of an appeal any change is made in the assessment of firm or association of persons or a new assessment of a firm, or association of persons, is ordered to be made, the Appellate Tribunal may authorise the Agricultural Income tax Officer or Inspecting Assistant Commissioner, as the case may be, to amend accordingly any assessment made on any partner of the firm, or any member of the association of persons. (10) (a) The appellant or the respondent may apply for review of any order passed by the Appellate Tribunal under sub-section (7) or sub-section (8) on the basis of discovery of new and important facts, which after the exercise of due diligence, were not within his knowledge or could not be produced by him when the order was made: Provided that no such application shall be preferred more than once in respect of the same order; (b) the application for review shall be made in the prescribed manner and within one year from the date on which copy of the order to which the application related was communicated to the applicant, and where the application is preferred by the assessee, it shall be accompanied by a fee of one hundred rupees. (11) Save as provided in Section 78, orders passed by the Appellate Tribunal on appeal shall be final. (12) On the disposal of an appeal or application the Appellate Tribunal shall communicate the order passed thereon to the appellant or the applicant as the case may be, the respondent, the authority against whose order the appeal was preferred the Inspecting Assistant Commissioner, the Deputy Commissioner and the Commissioner. (13) Notwithstanding that an appeal has been preferred under subsection (1) the tax or other amount shall be paid in accordance with the order against which the appeal has been preferred: Provided that the Appellate Tribunal may in its discretion give such directions as it thinks fit in regard to the payment of tax before the disposal of the appeal. Provided further that where the Appellate Tribunal has passed an order of stay in an appeal, it shall dispose of the appeal within a period of one hundred and eighty days from the date of such order: Provided also that if such appeal is not disposed of within a period specified in the second proviso, the stay order shall stand vacated after the expiry of the said period. Explanation. - For the purpose of the second and third provisions an order of stay in an appeal passed prior to the 23rd day of July 2001, shall be deemed to have been passed on the 23rd day of July 2001. ### 74A. Settlement Commission. (1) The Government may appoint for a period of one year, a settlement Commission consisting of a chairman and as many other member as they think fit, to perform the functions assigned to the Settlement Commission by or under this Act. The chairman shall be a person who is a Judicial Officer not below the rank of a District Judge and the other members shall possess such qualifications as may be prescribed. (2) Any vacancy in the office of the members of the Settlement Commission shall be filled by the Government. (3) The functions of the Settlement Commission may be performed,- (i) by a bench consisting of the Chairman and any other member; or (ii) by a bench consisting of the Chairman and two other members; or (iii) by a bench consisting of two or more members other than the Chairman. (4) Any member who has previously dealt with any case coming up before the Commission in any other capacity or is personally interest in any such case shall be disqualified to hear such case. (5) The Settlement Commission may, with the previous sanction of the Government, make regulations consistent with the provisions of this Act and the rules made thereunder for regulating its procedure and the disposal of its business. (6) The regulations under sub-section (5) shall be published in the Gazette. ### 74B. Filing of application for settlement of cases. (1) Notwithstanding anything contrary contained in this Act an assessee may at any stage of an appeal or revision pending before any authority under this Act or High Court, make an application in such form and in such manner as may be prescribed, containing a full and true disclosure of his total agriculture income or other amount which had not been disclosed before the Assessing Officer, including the additional amount of tax payable on such income and other particular, as may be prescribed to the settlement commission to have the case settled and any such application shall be disposed of in the manner hereinafter provided: Provided that no such application shall be made unless, the assessee has furnished the details of his total agriculture income which he is or was required to furnish under any of the provisions of this Act: Provided further that an application shall not be rejected under this sub-section unless an opportunity has been given to the applicant of being heard. (2) Every application made under sub-section (1) shall be accompanied by such fees as may be prescribed. (3) An application made under sub-section (1) shall not be allowed to be withdrawn by the applicant. (4) On receipt of an application under sub-section (1), the Settlement Commission shall call for a report from the Deputy Commissioner and on the basis of the materials contained in such report and having regard to the nature and circumstance of the case or complexity of investigation therein, the Settlement Commission may, by order, allow the application to be proceeded with or reject the application: Provided that an application shall not be rejected under this subsection unless an opportunity has been given to the applicant of being heard. Provided further that the Deputy Commissioner shall furnish the report within a period of forty-five days of the receipt of communication from the Settlement Commission, and if the Deputy Commissioner fails to furnish the report within the said period, the Settlement Commission may make the order without such report. (5) A copy of every order under sub-section (4) shall be sent to the applicant and to the Deputy Commissioner. (6) Subject to the provisions of sub-section (7), the assessee shall, within thirty five days of the receipt of a copy of the order under subsection (4) allowing the application to be proceed with, pay the additional amount of tax or other amount payable on the total agriculture income disclosed in the application and shall furnish proof of such payment to the Settlement Commission. (7) Where an application is allowed to be proceeded with under subsection (4), the Settlement Commission may call for the relevant reports from the Deputy Commissioner and after examination of such records, if the Settlement Commission of the opinion that any further enquiry or investigation in the matter is necessary, it may direct the Deputy Commissioner to make or cause to be made such further enquiry or investigation and furnish a report on the matter covered by the application and any other matter relating to the case. (8) After examination of the records and the report of the Deputy Commissioner received under sub-section (4) or (8) and giving an opportunity to the applicant and the Deputy Commissioner to be heard, either in person or through a representative duly authorised in this behalf and after examining such further evidence as may be placed before it or obtained by it, the Settlement Commission may, in accordance with the provision of this Act, pass such order as it think fit, on the matter covered by the application and any other matter relating to the case not covered by the application, but referred to in the report of the Deputy Commissioner under sub-section (4) or subsection (8). Provided that the Settlement Commission shall pass such order within a period of one hundred and eighty days from the date of allowing the application. (9) Every order passed under sub-section (9) shall provide from the terms of of settlement including any demand by way of tax, penalty or interest, the manner in which any sum due under the settlement shall be paid and all other matter to make the settlement effective and shall also provide that the settlement shall be void if it is subsequently found by the Settlement Commission that it has been obtained by fraud or misrepresentation of facts. (10) Where any tax payable in pursuance of an order under subsection (9) is not paid by the assessee within thirty five days of the receipt of a copy of the order by him, the assessee shall be liable to pay interest at the rate of one per cent of each month or part thereof for the first three months after the date specified for its payment; and at the rate of two per cent of each month or part thereof, subsequent to the first three months aforesaid, on the amount remaining unpaid from the date of expiry of the period of thirty five days. (11) Where a settlement become void as provided under sub-section (10), the proceedings with respect to the matter covered by the settlement shall be deemed to have been revived from the state at which the application was allowed to be proceeded with by the Settlement Commission and the authority concerned may, notwithstanding anything contained in any other provisions of this Act, complete such proceedings at any time before the expiry of two years from the end of the final year in which the settlement become void. (12) If the matter is settled under the provisions of this section, the Deputy Commissioner shall intimate the fact of such settlement to the authority specified to the sub-section (1) or the High Court as the case may be. ### 75. Powers of revision of the Deputy Commissioner Suo Motu. (1) The Deputy Commissioner may, of his own motion, call for and examine the records relating to any ord9r passed or proceeding recorded under this Act, by any Officer or authority subordinate to him, other than a Deputy Commissioner (Appeals)which in his opinion is prejudicial to revenue and may make such enquiry or cause such enquiry to be made and, subject to the provisions of this Act, may pass such order thereon as he thinks fit. (2) The Deputy Commissioner shall not pass any order under subsection (1) if- (a) the order has been made the subject of an appeal to the Deputy Commissioner (Appeals)or the Appellate Tribunal or of a revision in the High Court; or (b) more than four years have expired after the passing of the order referred to therein: Provided that in computing the period of limitation for the purpose of sub-section (2) , any period during which any proceeding under this section is stayed by an order or injunction of any Court shall be excluded. (3) Notwithstanding anything contained in sub-section (2), the Deputy Commissioner may pass an order under sub-section (1) on any point which has not been raised for consideration or decided in an appeal or revision referred to in clause (a) of sub-section (2) before the expiry of a period of one year from the date of the order, in such appeal or revision or before the expiry of a period of four: years referred to in clause (b) of sub-section (2) whichever is later. (4) No order under this section adversely affecting a person shall be passed unless that person is given a reasonable opportunity of being heard. ### 76. Powers of revision of the Commissioner suo motu. (1) The Commissioner may of his own motion, call for and examine the records relating to any order passed or proceeding recorded under this Act which in his opinion is prejudicial to revenue, by any officer or authority subordinate to him including a Deputy Commissioner (Appeals), and make such enquiry or cause such enquiry to be made and, subject to the provisions of this Act, may pass such orders thereon as he thinks fit. (2) The Commissioner shall not pass any order under sub-section (1) if- (a) the time for filing appeal against that order has not expired; (b) the order has been made the subject of an appeal to the Deputy Commissioner (Appeals) or the Appellate Tribunal or of a revision in the High Court; or (c) more than four years have elapsed after the passing of the order referred to therein: Provided that in computing the period of limitation for the purpose of sub-section (2) , any period during which any proceeding under this section is stayed by an order or injunction of any court shall be excluded. (3) Notwithstanding anything contained in sub-section (2), the Commissioner may pass an order under sub-section (1) on any point which has not been raised for consideration or decided in an appeal or revision before the Appellate Tribunal or the High Court before the expiry of a period of one year from the date of the order in such appeal or revision or before the expiry of the period of four years referred to in clause (c) of sub-section (2) whichever is later. (4) No order under this section adversely affecting a person shall be passed unless that person is given a reasonable opportunity of being heard. ### 77. Powers of revision by Commissioner on application. (1) Any person objecting to an order passed by the Deputy Commissioner under Section 16 or Section 75 may, within a period of thirty days from the date on which a copy of the order was communicated to him, in the manner prescribed file an application for revision of such order to the Commissioner: Provided that the Commissioner may admit an application filed after the expiry of the said period, if he is satisfied that the applicant had sufficient cause for not filing the application within the said period. (2) The application under sub-section (1) shall be in the prescribed form and verified in the prescribed manner and shall be accompanied by a fee of five hundred rupees. (3) On admitting an application for revision, the Commissioner may call for and examine the records of the order against which the application has been filed and may make such enquiry or cause such enquiry to be made and subject to the provisions of this Act, pass such order therein, as he thinks fit: Provided that no order under this section adversely affecting the applicant shall be passed unless such person has been given a reasonable opportunity of being heard. ### 78. Revision by the High Court. (1) (a) Any officer empowered by the Government in this behalf or any other person who objects to an order passed by the Appellate Tribunal under sub-section (7) or sub-section (10) of section 74 or under section 79,may within ninety days from the date on which a copy of such order is served on him in the manner prescribed prefer a petition to the High Court on the ground that the Appellate Tribunal has either decided erroneously or failed to decide any question of law. (b) Any person who objects to an order passed by the Commissioner under sections 76, 77 or 79 may, within ninety days from the date on which a copy of such order is communicated to him prefer a petition to the High Court on the ground that the Commissioner has either erroneously decided or failed to decide any question of law: Provided that the High Court may admit a petition preferred after the period of ninety days referred to in clauses (a) and (b) if it is satisfied that the petitioner had sufficient cause for not preferring the petition within the said period. (2) The petition shall be in the prescribed form and shall be verified in the prescribed manner, and where it is preferred by a person other than an officer empowered by the Government under sub-section (1), shall be accompanied by a fee of two hundred rupees. (3) If the High Court, on perusing the petition, considers that there is no sufficient ground for interfering may dismiss the petition summarily: Provided that no petition shall be dismissed unless the petitioner has had a reasonable opportunity of being heard. (4) (a) If the High Court does not dismiss the petition summarily, it shall, after giving both the parties to the petition a reasonable opportunity of being heard, determine the question of law raised and either reverse, affirm or amend the order against which the petition was preferred or remit the matter to the Appellate Tribunal with the opinion of the High Court on the question of law raised or pass such order in relation to the matter as the High Court thinks fit. (b) Where the High Court remits the matter under clause (a) with its opinion on the question of law raised the Appellate Tribunal shall amend the order passed in conformity with such opinion. (5) Before passing an order under sub-section (4), the High Court may, if it considers it necessary so to do, remit the petition to the Appellate Tribunal and direct to return the petition with a finding on any specific question or issue. (6) Notwithstanding that a petition has been preferred under subsection (1), the tax shall be paid in accordance with the order against which the revision has been preferred: Provided that the High Court may in its discretion give such direction as it thinks fit in regard to the payment of the tax before the disposal of the petition if the petitioner furnishes sufficient security to its satisfaction in such form and in such manner as may be prescribed. (7) If as a result of the revision any change becomes necessary in any assessment or penalty, the High Court may direct the agricultural income-tax authority to amend the assessment or penalty order accordingly and on such amendment being made, any amount over paid by any person shall be refunded to him, or the further amount of tax or penalty due from him shall be collected in accordance with the provisions of this Act, as the case may be. (8) The cost of a revision under sub-section (1) shall be at the discretion of the High Court. (9) Every revision preferred to the High Court under section 78 shall be heard by a bench of not less than two judges and in respect of such revision the provision of section 98 of the Code of Civil Procedure, 1908 (Central Act 5 of 1908) shall so far as may apply. ### 78A. Fees for interlocutory application. - Every interlocutory applications prescribed by the Government and filed before the authorities under this Act, specified below, other than those filed by officers empowered by Government, shall be accompanied by following fees, namely: - \| \| \| \| --- \| --- \| \| (a) Before the Deputy Commissioner (Appeals) \| One hundred rupees \| \| (b) Before the Deputy Commissioner \| One hundred rupees \| \| (c) Before the Commissioner or Appellate Tribunal \| Two hundred and fifty rupees \| Chapter XII Penalties -------------------------- ### 79. Penalty for failure to furnish return, comply with notice, concealment of agricultural income etc. (1) If the Agricultural Income tax Officer, the Inspecting Assistant Commissioner, the Deputy Commissioner (Appeals), the Deputy Commissioner, the Commissioner or the Appellate Tribunal, in the course of any proceedings: under this Act, is satisfied that any person- (a) has without reasonable cause failed to furnish the return which he was required to furnish under sub-section (1) of section 35 or by notice given under sub-section (2) of section 35 or subsection (1) of section 41, within the time allowed for it under the above sections or under the proviso to sub-section (2) of section 35 and in the manner provided under section 35 or under any rules made thereunder; or (b) has without reasonable cause, failed to comply with a notice under sub-section (1) of section 38 or sub-section (2) of section 39, or a summons to appear in person or to produce any accounts or documents or a notice to produce any accounts or documents under section 27; or (c) has concealed the particulars of his agricultural income or extent or furnished inaccurate particulars of such income or extent; or (d) failed to give notice as required by sub-section (2) of section 58 on the discontinuance of business by any company firm or association of persons; or (e) willfully contravened any of the provisions of this Act for which no express provision for penalty or punishment is provided this Act; such authority may direct that such person shall pay, by way of penalty, in addition to the amount of tax, if any, payable by him a sum not exceeding that amount, where it is practicable to quantify the amount of tax and in other cases a sum of money not exceeding rupees five thousand. (2) Notwithstanding anything contained in this section- (a) where a person who has failed to comply with a notice under sub-section (2) of section 35 sub-section (1) of section 41, proves that he has no income liable to tax, the penalty under sub-section (1), shall not exceed one hundred rupees; (b) no penalty shall be imposed under sub-section (1) upon any person assessable to tax as the agent of a non-resident for failure to furnish the return under sub-section (1) of section 35. (3) No order under sub-section (1) shall be made unless the person concerned is given a reasonable opportunity of being heard. (4) No prosecution for an offence against this Act shall be instituted in respect of the same act for which a penalty has been imposed under sub-section (1). (5) If the Deputy Commissioner (Appeals), the Commissioner or the Appellate Tribunal makes an order under sub-section (1) such authority shall forthwith send a copy of the same to the Agricultural Income tax Officer or the Inspecting Assistant Commissioner concerned. Chapter XIII Offences and Prosecutions ------------------------------------------- ### 80. Contravention of section 28. (1) Whoever causes any; obstruction to the exercise of any of the powers conferred under subsections (2), (3 or (8) of section 28 shall be punishable with simple imprisonment which may extent to six months or with fine. (2) Whoever wilfully contravenes any provision of this Act for which no express provision for penalty is provided, shall on conviction, be punishable with fine not exceeding rupees two thousand. ### 81. Failure to furnish return or to supply information. - If a person fails without reasonable cause or excuse:- (a) to furnish in due time any of the returns specified in subsection (1) or sub-section (2) of section 35 or sub-section (1) of section 41 (b) to grant inspection or allow copies to be taken in accordance with the provisions of sections 27, 28 or 30; or (c) to produce or cause to be produced on or before the date specified in any notice served on him under sub-section (4) of section 35 such accounts and documents as are referred to in the notice; shall be punishable with fine with a sum not exceeding fifty rupees for every day during which the default continues if it is a continuing offence and in other cases a fine not exceeding rupees two thousand. ### 82. False statement in declaration. - If a person makes a statement in any verification under this Act or under any rule made there under, or delivers any account of statement which is false and which he either knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extent to six months or with fine. ### 83. Prosecution to be at the instance of the Inspecting Assistant Commissioner. (1) A person shall not be proceeded against for an offence under Section 80 or section 81 or section 82 except at the instance of the Inspecting Assistant Commissioner. (2) Before instituting proceedings against any person under subsection (1), the Inspecting Assistant Commissioner shall call upon such person to show cause why proceedings should not be instituted against him. (3) The Inspecting Assistant Commissioner, may, either before or after the institution of proceedings, compound any offence. ### 84. Disclosure of particulars by Public Servants. (1) If a public servant furnishes any information or produces any document in contravention of the provisions of sub-section (2) of section 32 he shall be punishable with imprisonment which may extend to six months or with fine. (2) No prosecution shall be instituted under this section except with the previous sanction of the Government. ### 85. Cognizance of offences. - No offence under this Chapter shall be tried by a Magistrate below the rank of a Magistrate of the First Class. ### 86. Compounding of offences. - The Agricultural Income Tax Officer, or the Inspecting Assistant Commissioner or any other officer or authority authorised by the Government in this behalf may accept from any person who has committed or is reasonably suspected of having committed an offence against this Act by way of composition of such offence- (a) where the offence consist of evasion of any tax payable under this Act, in addition to the tax so payable, a sum of money equal to the tax so payable subject to a minimum of rupees One hundred and maximum of rupees one lakh; and (b) in other cases a sum of money not exceeding rupees five thousand: Provided that the Commissioner may by order authorise any officer to compound the offence under this section on payment of a reduced amount. Chapter XIV Service of Notices ----------------------------------- ### 87. Service of notice generally. (1) Any notice required to be served on, or given to any person under this Act or the rules made thereunder, shall be deemed to be duly served or given, if it is served in anyone of the following ways:- (a) if the notice is addressed to that person and is given or tendered to him; or (b) where that person cannot be found, if it is affixed on some conspicuous part of his last known place of residence or business or is tendered to any audit member of his family; or (c) if it is sent by registered post to that person at his last known place of residence or business. (2) Any such notice or requisition may be addressed: - (a) in the case of a firm to any partner of the firm; (b) in the case of a local authority or a company, to the principal officer thereof; (c) in the case of any other association or body of individuals to the principal officer thereof or any member; (d) in the case of any other person (not being an individual) to the person who manages or controls its affairs. ### 88. Service of notice when firm etc., is dissolved. - Where a firm or other association of persons, is dissolved or discontinued, notices under this Act in respect of the agricultural income of the firm or association of persons may be served on any person who was a partner (not being a minor), or member of the association as the case may be, immediately before its dissolution or discontinuance. ### 89. Service of notice in the case of discontinued business. - Where an assessment is to be made under the provisions of Chapter VIII, the Agricultural Income Tax Officer may serve on the person whose agricultural income is to be assessed or in the case of a firm, an association of persons, or any person who was a partner of such firm, member of association, at the time of its discontinuance, or in the case of a company, on the principal officer thereof, a notice containing all or any of the requirements which may be included in a notice under subsection (2) of section 35 and the provisions of this Act, shall so far as may be apply accordingly, as if the notice were a notice issued under that section. Chapter XV Miscellaneous ----------------------------- ### 90. Appearance by authorised representative. (1) Any assessee who is entitled or required to attend before any agricultural income tax authority or the Appellate Tribunal in connection with any proceeding under this Act, otherwise than when required under section 27 to attend personally for examination on oath or affirmation, may attend either in person or by any person duly authorised by him in writing in this behalf, being a relative or a person regularly employed by the assessee or a legal practitioner or any accountant or an Income Tax Practitioner or Sales Tax Practitioner and not being disqualified on the ground of misconduct by or under any law or under any order, of any competent authority. (2) In this section. (i) a person regularly employed by the assessee shall include any officer of a Scheduled Bank with which the assessee maintains a current account or has other regular dealing; (ii) "Accountant' means a Chartered Accountant within the meaning of the Chartered Accountants Act, 1949 (Central Act XXXVIII of 1949) and includes a member of an association of accountants recognised in this behalf by the Government. (iii) "Income tax Practitioner" means any person who was an "Income Tax Practitioner" within the meaning of clause (iv) of sub-section (2) of section 61 of the Agricultural Income tax Act, 1950 (Act XXII of 1950) and was actually practicing as such. (iv) "Sales tax Practitioner" means any person registered as a Sales tax Practitioner under the provisions of the Kerala General Sales Tax Act, 1963 (Act XV of 1963). (v) "Legal Practitioner" means one who is entitled to practice in any Civil Court in India. (3) Where any person other than a legal practitioner is authorised to attend before the authorities mentioned in sub-section (1), such person shall file the authorisation in such form and it shall be accompanied by such fee as may be prescribed. ### 91. Rounding off Agricultural Income Tax etc. (1) The amount of total agricultural income computed in accordance with the fore- going provisions of this Act, shall be rounded off to the nearest ten rupee and, for this purpose and wherever, a rounding of the nearest ten rupees is authorised then, if such part is five rupees or more, it shall be rounded off to the nearest ten or multiples of ten rupees and if such part is less than five rupees, it shall be ignored. (2) The amount of tax, penalty, fine, interest or any other sum payable and the amount of refund due under the provisions of the Act shall be rounded off to the nearest rupee and for this purpose where such amount contains a part of a rupee consisting of paise, then, if such part is fifty paise or more it shall be rounded off to one rupee and if such part is less than fifty paise, it shall be ignored. ### 91A. Appropriation of payment. (1) Where any tax or any other amount due or demanded under the Act is paid by an assessee or other person, the payment so made shall be appropriated first towards interest accrued on such tax or other amount under sub section (4) of Section 37 on such date of payment and the balance available shall be appropriated towards principal outstanding, notwithstanding any request to the contrary by the assessee or any person making such payment. (2) Notwithstanding anything contained in sub-section (1) where any assessee or other person has paid any amount towards tax or any other amount prior to coming into force of this section, no recomputation of such payments shall be made under sub-section(1). ### 92. Receipt to be given. - A receipt shall be given for any money paid or recovered under this Act. ### 93. Indemnity. - Every person deducting, retaining or paying any tax in pursuance of this Act in respect of agricultural income belonging to another person is hereby indemnified for the deduction retention or payment thereof. ### 94. Bar of suits in Civil Courts. (1) No suit shall be brought, in any Civil Court to set aside or modify any assessment order made under this Act and no prosecution, suit or other proceeding shall lie against the Government or any officer of the Government for anything in good faith done or intended to be done under this Act. (2) No Civil Court shall grant any injunction or direction or otherwise interfere with any proceedings for assessment to tax under this Act. ### 95. Transfer of assessment. (1) The Board of Revenue or the Commissioner, may either suo motu or on application for reasons to be recorded in writing in such manner as may be prescribed, transfer any case of assessment pending before any Agricultural Income Tax Officer or Inspecting Assistant Commissioner, to any other Agricultural Income Tax Officer or Inspecting Assistant Commissioner. The order of transfer shall be communicated to the assessee, to every other person affected by the order and to the Agricultural Income Tax Officers or Inspecting Assistant Commissioners concerned. (2) The Deputy Commissioner may either suo motu or on application, for reasons to be recorded in writing in the manner prescribed, transfer any case of assessment within his jurisdiction ending before any Agricultural Income Tax Officer, or Inspecting , Assistant Commissioner, to any other Agricultural Income Tax Officer or Inspecting Assistant Commissioner. The order of transfer shall be communicated to the assessee, to every other person affected by the order and to the Agricultural Income Tax Officers or Inspecting Assistant Commissioners concerned. ### 96. Transfer of appeal. - The Board of Revenue or the Commissioner may, either suo motu or on application, for reasons to be recorded in writing, transfer an appeal pending before the Deputy Commissioner (Appeals) to another Deputy Commissioner (Appeals). The order of transfer shall be communicated to the appellant, to every other person affected by the order to the Agricultural Income Tax Officer or Inspecting Assistant Commissioner, against whose order the appeal was preferred and Deputy Commissioner (Appeals) or Deputy Commissioners concerned. ### 97. Disposal of assessment or appeal irrespective of jurisdiction. - The authority to whom assessment, or appeal is transferred under section 95, or section 96 as the case may be shall proceed to dispose of it irrespective of the local limits of jurisdiction. ### 98. Power to make rules. (1) The Government may, by notification in the Gazette, make rules prospectively or retrospectively for carrying out the purpose 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: - (a) the ascertainment and determination of any class of agricultural income; (b) the deductions and exemptions to be made in the computation of agricultural income; (c) the special deductions and allowances including replantation allowance; and infilling expeo1ses in respect of plantations. and other perennial crops, where expenditure has to be incurred for a number of years before Income is derived therefrom; (d) the percentage on the written down value which may be allowed as depreciation in respect of buildings, machinery, plant or furniture including deduction towards initial depreciation (e) the form and manner in which any application, claim, return or information may be made or furnished; (f) the form and manner in which any appeal or cross objection, revision or review may be filed under this Act; (g) the procedure to be followed on applications for registration of charitable trusts and institutions and for refunds; (h) any other matter which by this Act is to be or may be prescribed. (3) Every rule made under this Act shall be laid as soon as may be after it is made before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and, if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly agrees that the rule should be either modified or annulled, 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 this Act. ### 99. Repeal and Saving. (1) The Agricultural Income Tax Act, 1950 (Act XXII of 1950) is hereby repealed: Provided that such repeal shall not affect the previous operation of the said Act or any right, title, obligation or liability already acquired, accrued or incurred thereunder, and subject, thereto, anything done or any action taken, including any appointment, notification, notice, order, rule, form or regulation, certificate, licence or permit in the exercise of any power conferred by or under the said Act, shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act were in force on the date on which such thing was done or action was taken and all arrears of tax and other amounts due at the commencement of this Act may be recovered, as if they had accrued under this Act and any reference in the said Act to an officer, authority, Tribunal or Court shall be construed as reference to the corresponding Officer, authority, Tribunal or Court appointed or constituted under this Act, and if any doubt arises as to who is such corresponding Officer, authority, Tribunal or Court, the decision of the Government thereon shall be final. (2) Notwithstanding anything contained in sub-section (1), any application, appeal, revision or other proceeding made or preferred to any officer or authority under the said Act, and pending at the commencement of this Act, shall, after such commencement, stand transferred to and be disposed of by the officer or authority who would have had jurisdiction to entertain such application. appeal, revision or other proceeding under this Act, as if it had been in force on the date on which such application, appeal or revision or other proceeding was made or preferred. (3) Nothing contained in sub-section (1) shall affect the right to initiate and complete any proceedings pending on the commencement of this Act regarding the assessment, levy, collection and recovery of the tax chargeable under the said Act including that of escaped agricultural income or affect the liability of any person to pay any sum due from him or any existing right of refund under the said Act. (4) Notwithstanding such repeal of the Agricultural Income Tax Act, 1950 (Act XXII of 1950), any proceedings pending before any Agricultural Income Tax Authority, Appellate Tribunal or High Court at the commencement of this Act, shall be continued and finally decided or determined under the provisions of that Act. (5) Any arrears of tax or other amount pending and any recovery proceedings initiated or continued shall be continued as if the levy, collection and recovery are made or is continuing under the provisions of this Act and provisions of this Act relating to penalty and interest shall apply to such arrears of tax, or other amount which are in arrears at the commencement of this Act. ### 100. Power to remove difficulties. (1) If any difficulty arises .in giving effect to the provisions of this Act, the Government may, by general or special order do anything not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the purpose of removing the difficulty. (2) Every order made under this section shall be laid as soon as may be after it is made before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and, if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly agrees that the order should be either modified or annulled, the order shall thereafter have effect only in such modified form or be of no effect as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under this Act.
65ba8573ab84c7eca86ebe2b	acts	Union of India - Act ---------------------- Assam Criminal Law Amendment (Supplementary) Act, 1934 -------------------------------------------------------- UNION OF INDIA India Assam Criminal Law Amendment (Supplementary) Act, 1934 ======================================================== Act 27 of 1934 ---------------- * Published in Gazette 27 on 25 August 1934 * Assented to on 25 August 1934 * Commenced on 25 August 1934 Assam Criminal Law Amendment (Supplementary) Act, 1934 Act No. 27 of 1934 [25th August, 1934] An Act to supplement the Assam Criminal Law Amendment Act, 1934. Whereas it is expedient to supplement the Assam Criminal Law Amendment Act, 1934 (Assam 3 of 1934); It is hereby enacted as follows:-- ### 1. Short title This Act may be called the Assam Criminal Law Amendment (Supplementary) Act, 1934. ### 2. Appeals and confirmations (1) Any person convicted on a trial held by Commissioners under the Assam Criminal Law Amendment Act, 1934 (Assam 3 of 1934), may appeal to the High Court of Judicature at Fort William in Bengal, and such appeal shall be disposed of by the said High Court in the manner provided in Chapter XXXI of the Code of Criminal Procedure, 1898 (5 of 1898). (2) When the said Commissioners pass a sentence of death, the record of the proceedings before them shall be submitted to the said High Court, and the sentence shall not be executed unless it is confirmed by the High Court which shall exercise in respect of such proceedings all the powers conferred on the High Court by 2Chapter XXVII of the Code of Criminal Procedure, 1898 (5 of 1898). ### 3. Bar of certain legal proceedings The powers conferred by section 491 of the Code of Criminal Procedure, 1898 (5 of 1898) shall not be exercised in respect of any person arrested, committed to or detained in custody under the Assam Criminal Law Amendment Act, 1934 (Assam 3 of 1934). ### 4. Retrospective effect of sections 2 and 3 Section 2 and section 3 shall have effect from the commencement of the Assam Criminal Law Amendment Act, 1934 (Assam 3 of 1934).
65b9f8c0ab84c7eca86ea5ad	acts	State of West Bengal - Act ---------------------------- The West Bengal Minorities Development And Finance Corporation Act, 1995 -------------------------------------------------------------------------- WEST BENGAL India The West Bengal Minorities Development And Finance Corporation Act, 1995 ========================================================================== Act 18 of 1995 ---------------- * Published on 10 October 1995 * Commenced on 10 October 1995 The West Bengal Minorities Development And Finance Corporation Act, 1995 West Bengal Act 18 of 1995 [10th October, 1995.] Assent of the Governor was first published in the Calcutta Gazette. Extraordinary, dated the 10th October. 1995. An Act to establish a Minorities Development and Finance. Corporation in West Bengal. Whereas it is expedient to provide for the establishment of a Minorities Development and Finance Corporation in West Bengal; It is hereby enacted as follows:- ### 1. Short title, extent and commencement. - (1) This Act may be called the West Bengal Minorities Development and Finance Corporation Act, 1995. (2) It extends to the whole of West Bengal. (3) It shall come into force on such date as the State Government may, by notification, appoint. ### 2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,- (a) "the Corporation" means the West Bengal Minorities Development and Finance Corporation established under section 3; (b) "minorities" means the minorities based on religion such as Muslims, Christians, Sikhs, Buddhists, Zorestians (Parsis), Jains and Jews and such other minorities within the purview of article 29 of the Constitution of India as the State Government may, by notification, specify from time to time; (c) "minority occupation" means a traditional occupation followed by the minorities; (d) "notification" means a notification published in the Official Gazette-, (e) "prescribed" means prescribed by rules made under this Act. ### 3. Incorporation. - (1) The State Government may, by notification, establish a Corporation to be known as the West Bengal Minorities Development and Finance Corporation. (2) The Corporation shall be a body corporate by the name notified under sub-section (1), having perpetual succession and a common seal, and shall by the said name sue and be sued. ### 4. Constitution of the Corporation. - (1) The Corporation shall consist of the following members, namely:- (a) [ a Chairperson, who shall be a person of public eminence, to be nominated by the State Government] [Clause (a) substituted, by W.B. Act 23 of 1996, which was earlier as under:- Minister-in-charge, Minority Affairs. Minority Welfare Department, ex officio Chairperson:'.] ; (b) the Secretary, Department of Rural Development, Government of West Bengal, ex officio; (c) the Secretary, Department of Municipal Affairs, Government of West Bengal, ex officio; (d) the Secretary, Department of Cottage and Small Scale Industries, Government of West Bengal, ex officio; (e) [ the Secretary, Minorities Development and Welfare Department, Government of West Bengal, ex officio;] [Clause (e) Substituted by W.B. Act 23 of 1996, which was earlier as under:- '(e) the Special Secretary, Home Department. Government of West Bengal, ex officio:'.] (f) the Managing Director of the Corporation; (g) the Managing Director, West Bengal Finance Corporation, ex officio; (gg) [ a representative of the West Bengal Minorities Commission;] [Clause (gg) Inserted by W.B. Act 23 of 1996.] (h) such number of other members, not exceeding five, as the State Government may, by notification, appoint. (2) The State Government shall appoint, if it thinks fit, one of the members as the Vice-Chairperson of the Corporation. (3) In the event of the capital of the Corporation being raised by the issue of shares to the members of the public, provision shall be made by rules made under this Act for the representation of such share-holders in the Corporation and the manner in which the representatives shall be elected by such share-holders. (4) The term of office, and the manner of filling casual vacancies in the offices, of the members of the Corporation shall be such be such as may be prescribed. ### 5. Disqualifications for membership. - A person shall be disqualified for being chosen as, and for being, a member of the Corporation- (a) if he is a lunatic or a person of unsound mind, or (b) if he has been adjudged insolvent, or (c) if he has been convicted of an offence involving moral turpitude, or (d) if he has directly or indirectly any interest in any subsisting contract made with, or in any work being done for, the Corporation except as a share-holder (other than a Director) in an incorporated company, provided that where he is a share-holder, he shall disclose to the State Government the nature and extent of the shares held by him in such company, or (e) if he has any financial interest in any work undertaken by the Corporation for execution. ### 6. Validity of acts and proceedings. - No act or proceeding of the Corporation shall be invalid by reason only of the existence or any vacancy amongst its members of any defect in the constitution thereof. ### 7. Transaction of business. - (1) The Corporation shall meet at such time and place and shall, subject to the provisions of sub-sections (2) and (3), observe such rules of procedure in regard to transaction of business at its meetings as may be provided by regulations made under this Act. (2) The person to preside at a meeting of the Corporation shall be the Chairperson thereof or, in his absence from any meeting, the Vice-Chair-person, if any, or, in the absence of both the Chairperson and the Vice-Chairperson, such member as may be chosen by the members present from amongst themselves. (3) All questions at a meeting of the Corporation shall be decided by majority of votes of the members present and voting and, in the case of equality of votes, the Chairperson or, in his absence, any other person presiding shall have a second or casting vote. ### 8. Managing Director, Chief Accounts Officer and other staff. - (1) The Corporation shall have a Managing Director, a General Manager and a Chief Accounts Officer, who shall be appointed by the State Government. (2) The Corporation may appoint such other officers and employees as it considers necessary for the efficient performance of its functions. (3) The conditions of appointment, and the scales of pay, of the officers and other employees of the Corporation shall,- (a) as respects the Managing Director, the General Manager and the Chief Accounts Officer, be such as may be prescribed; and (b) as respects the other officers and employees, be such as may, subject to the approval of the State Government, be determined by regulations made under this Act. (4) The Managing Director shall be the executive head of the Corporation and all other officers and employees of the Corporation shall be subordinate to him. ### 9. Officers and other employees of the Corporation not to have any interest in contract etc. - No person who has, directly or indirectly by himself or by his partner or agent, any share or interest in any contract, by or on behalf of the Corporation or in any work undertaken by the Corporation, shall become or remain an officer or other employee of the Corporation. ### 10. Conferment of powers on Managing Director. - The Corporation may, subject to such conditions and limitations as it may specify, authorise the Managing Director to exercise such powers and perform such duties as it may deem necessary for the efficient administration of its business. ### 11. Authentication. - All orders and decisions of the Corporation shall be authenticated by the signature of the Chairperson or any other member authorised by the Corporation in this behalf and all other instruments issued by the Corporation shall be authenticated by the signature of the Managing Director or by any other officer of the Corporation authorised by the Managing Director in this behalf. ### 12. Functions of the Corporation. - (1) Subject to the provisions of this Act, the functions of the Corporation shall be to undertake generally the task of economic welfare of the minorities through industrial, commercial and cultural activities. (2) In particular and without prejudice to the generality of the foregoing provisions of this section, the functions of the Corporation shall be- (i) to plan and promote training programmes for increasing the skill and efficiency in different minority occupations and to establish vocational institutes for the purpose; (ii) to promote employment opportunities in various trades, crafts and intellectual pursuits, and to sanction stipends for training in different training institutes; (iii) to provide necessary infrastructure in connection with all minority occupations; (iv) to encourage and undertake setting up of manufacturing and processing units on commercial basis; (v) to promote entrepreneurship by sponsoring self-employment programmes in different trades, crafts, and business with the assistance of various financial institutions; (vi) to arrange the supply of necessary inputs at reasonable prices for different trades and crafts and to acquire and install suitable machinery and equipments for the purpose of hiring out; (vii) to plan, promote and undertake, on its own or in collaboration with such agencies or Governments as may be approved by the Corporation, programmes of minority welfare and development schemes approved by the Department of Minority Welfare, Government of West Bengal, or the minority commission, if any; (viii) to arrange for in-service training, apprenticeship and dealership in different factories, commercial organisations and industrial complexes; (ix) to provide financial assistance by way of grants, subsidies and loans, in cash or in kind, for such purposes as may be approved by the Corporation and also by providing cash credit accommodation against hypothecation of products; (x) to find out resources for financing all programmes to be undertaken by the Corporation and, to that end, to receive grants and gifts, raise loans, issue bonds and debentures, and draw, make, accept, discount, execute and issue promissory notes, bills of exchange, hundies, bills, warrants, and other negotiable instruments; (xi) to invest, or to deposit, surplus funds in Government securities or in such other means to be approved by the Corporation; (xii) to continue and to run the works and programmes transferred to the Corporation by the State Government for operation and to adopt suitable changes for their better execution; (xiii) to orient the economic schemes towards the objective of empowering the minorities to make use of the constitutional safeguards fully; (xiv) to function as a machinery for implementation of safeguards for the minorities of the State; (xv) to monitor its own sponsored schemes as well as the economic schemes being implemented under the minorites welfare programmes in consultation with the State level or the district level bankers fora; (xvi) to discharge such other functions as may be prescribed or as are supplemental, incidental or consequential to any of the functions conferred on it under this Act. ### 13. Powers of the Corporation. - Subject to the provisions of this Act, the Corporation shall have power- (a) to acquire or hold such property, both movable and immovable, as the Corporation may deem necessary for the purpose of any of its functions and to lease, sell or otherwise transfer any property held by it; (b) to purchase by agreement or to take on lease or under any form of tenancy any land and to erect thereon such buildings as may be necessary for the purpose of carrying on its undertakings; (c) to enter into, or to perform, such contracts as may be necessary for the discharge of its functions and the exercise of its powers under this Act; (d) to provide facilities for the consignment, storage and delivery of goods; (e) to do, with the prior approval of the State Government, all other things to facilitate the proper carrying on of the business and the functions of the Corporation. ### 14. Acquisition of land. - The Corporation may take steps for acquisition of any land for discharging any of its functions under this Act in accordance with the provisions of the Land Acquisition Act, 1894. ### 15. The Corporation to act on business principles. - It shall be the general principle of the Corporation that in carrying on its undertakings it shall act on business principles. ### 16. Capital of the Corporation. - (1) The State Government may provide to the Corporation such capital as the State Government may consider necessary for the purpose of carrying out all or any of its functions under this Act, subject to such terms and conditions, not inconsistent with the provisions of this Act, as the State Government may determine. (2) The Corporation may supplement its capital by the issue of shares when so authorised by the State Government. (3) The authorised capital of the Corporation shall be divided into such number of shares as the State Government may determine, and the number of shares which may be subscribed by the State Government and the members of the public shall also be determined by the State Government: Provided that the value of the shares to be subscribed by the State Government shall not be less than fifty-one per cent of the authorised capital. (4) The allotment of shares to the members of the public under sub-section (3) shall be made by the Corporation in such manner as may be prescribed. (5) The shares of the Corporation shall not be transferable except in accordance with such rules as may be made under this Act. (6) The Corporation may, at any time, with the previous approval of the State Government, redeem the shares issued to the members of the public in such manner as may be prescribed. ### 17. Additional capital. - If after the issue of shares under sub-section (2) of section 16, the Corporation requires any further capital, the Corporation may, with the previous sanction of the State Government, raise such additional capital by the issue of new shares and the provisions of sub-sections (3), (4), (5) and (6) of section 16 shall mutatis mutandis apply to such shares. ### 18. Guarantee by State Government in respect of shares. - The shares of the Corporation shall be guaranteed by the State Government as to the payment of the principal. ### 19. Borrowing by the Corporation. - (1) The Corporation may, with the previous approval of .he State Government, borrow money in the open market or otherwise for carrying out any of its functions under this Act. (2) The money borrowed by the Corporation under sub-section (1) shall be guaranteed by the State Government as to the repayment of the principal and the payment of interest at such rate, not being less than four per cent per annum, as the State Government may, on the recommendations of the Corporation, fix at the time the money is borrowed. ### 20. Receipts into, and payments from, the general fund of the Corporation. - All receipts of the Corporation shall be carried into its general fund and all payments by the Corporation shall be made therefrom. ### 21. Dividends on shares. - The Corporation shall pay dividends on shares at such rate as may from time to time be fixed by the State Government, subject to any general limitations which may be imposed by the State Government, and the payment of such dividend shall be deemed to be a part of the expenditure of the Corporation. ### 22. Reserved and other funds. - (1) The Corporation shall make such provisions for reserve and other specially denominated funds as the State Government may from time to time direct. (2) The management of the funds referred to in sub-section (1), the sums to be carried from time to time to the credit thereof and the application of the money comprised therein shall be determined by the Corporation. (3) None of the funds referred to in sub-section (1) shall be utilised for any purpose not connected with the functions of the Corporation without the previous approval of the State Government. ### 23. Expenditure from fund. - The Corporation shall have power to spend such sums as it thinks fit on objects authroised under this Act, and such sums shall be treated as expenditure payable out of the general fund of the Corporation or the funds referred to in sub-section (1) of section 22, as the case may be. ### 24. Budget. - (1) The Corporation shall, by such date in each year as may be prescribed, prepare and submit to the State Government for approval the budget for the next financial year showing the estimated receipts and expenditure during that financial year in such form as may be prescribed. (2) The Corporation may sanction any re-appropriation within the grant from one head of expenditure to another or from a provision made for one work to that in respect of another, subject to the condition that the aggregate of the grant is not exceeded. (3) The Corporation may, within such limits and subject to such conditions as may be prescribed, incur expenditure in excess of the limit provided in the budget approved by the State Government under any head of expenditure or in connection with any particular work. (4) A copy of the budget shall be placed before the State Legislature as soon as may be after the budget has been approved by the State Government. ### 25. Audit by Auditor appointed by State Government. - (1) The Corporation shall cause to be maintained books of account and other books in relation to its accounts in such form and in such manner as may be prescribed. (2) The accounts of the Corporation shall be audited by the Auditor appointed by the State Government in this behalf at such times and in such manner as may be prescribed. (3) As soon as the accounts of the Corporation have been audited, the Corporation shall send a copy thereof together with a copy of the report of the Auditor thereon to the State Government. ### 26. Power of State Government to issue instructions. - The State Government may issue to the Corporation general instructions to be followed by the Corporation and such instructions may include directions relating to the recruitment, and the conditions of service and training, of its employees, the wages to be paid to the employees, the reserves to be maintained by it and the disposal of its property, movable or immovable, and the Corporation shall be bound to follow such instructions. ### 27. Furnishing of returns etc. - (1) The Corporation shall furnish to the State Government such returns, statistics, accounts and other information with respect to its property or activities or in regard to any proposed work as the State Government may from time to time require. (2) The Corporation shall also furnish to the State Government an annual report on its working as soon as may be after the end of each year and a copy of the annual report shall be placed before the State Legislature as soon as may be after it is received by the State Government. ### 28. Supersession of the Corporation. - (1) The State Government may, by order published in the Official Gazette, supersede the Corporation for such period as may be specified in the order after giving a reasonable opportunity to the Corporation to show cause against the order proposed to be issued and after considering the objection, if any, of the Corporation: Provided that it shall not be necessary to give any opportunity to the Corporation to show cause against the order proposed to be issued if the State Government is of the opinion that it is neither expedient nor necessary to do so in the public interest. (2) Upon the publication of the order under sub-section (I) superseding the Corporation,- (a) all the members of the Corporation shall as from the date of supersession vacate their respective offices as such members;. (b) all the powers and duties which may by or under the provisions of this Act or of any other law for the time being in force be exercised or performed by or on behalf of the Corporation shall during the period of supersession be exercised and performed by such person or persons as the State Government may direct; (c) all property vested in the Corporation shall during the period of supersession vest in the State Government. (3) On the expiration of the period of supersession as specified in the order issued under sub-section (1), the State Government may- (a) extend the period of supersession for such further term as it may consider necessary, or (b) reconstitute the Corporation in the manner provided in this Act for establishing the Corporation. ### 29. Liquidation of the Corporation. - No provision of any law relating to the winding up of companies or corporations shall apply to the Corporation and the Corporation shall not be placed in liquidation save by order of the State Government and save in such manner as may be directed by the State Government. ### 30. Recovery of sums due. - Any sum payable to the Corporation shall be recoverable as an arrear of land-revenue under the Bengal Public Demands Recovery Act, 1913. ### 31. Power to make rules. - (1) The State Government may, by notification, make rules to give effect to the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the conditions and manner of appointment of members of the Corporation, the representation in the Corporation of the State Government, and where shares are issued to the members of the public under section 16 or section 17, the representation of such share-holders, and generally all matters relating to the constitution of the Corporation; (b) the remuneration, allowance or fees to be paid to the members of the Corporation; (c) the term of office of members of the Corporation and the manner of filling casual vacancies among such members; (d) the number of the members necessary to constitute a quorum at a meeting of the Corporation; (e) the conditions of appointment, service and scales of pay of the Managing Director, the General Manager and the Chief Accounts Officer; (f) the manner in which the shares of the Corporation shall be allotted, transferred or redeemed; (g) the manner in which the net profits of the Corporation shall be utilised; (h) the date by which, and the form in which, the budget shall be prepared and submitted in each year and the limit and conditions under which the Corporation may incur expenditure in excess of the limit provided in the budget under section 24; (i) the form and the manner in which the accounts of the Corporation shall be maintained; (j) the time at which and the manner in which the accounts of the Corporation shall be audited; (k) the form in which returns, statistics and reports shall be submitted under section 27; l) any other matter which has to be or may be prescribed. ### 32. Regulations. - (1) The Corporation may, with the previous sanction of the State Government, make regulations not inconsistent with this Act and the rules made thereunder, for the administration of the affairs of the Corporation. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:- (a) the time and place of meetings of the Corporation and the procedure to be followed in regard to transaction of business at such meetings; (b) the conditions of appointment and service, and the scales of pay, of officers and other employees of the Corporation other than the Managing Director, the General Manager and the Chief Accounts Officer.
65b9dbe6ab84c7eca86ea225	acts	Lakshadweep - Act ------------------- The Union Territory Goods and Services Tax (Lakshadweep) Rules, 2017 ---------------------------------------------------------------------- LAKSHADWEEP India The Union Territory Goods and Services Tax (Lakshadweep) Rules, 2017 ====================================================================== Rule THE-UNION-TERRITORY-GOODS-AND-SERVICES-TAX-LAKSHADWEEP-RULES-2017 of 2017 -------------------------------------------------------------------------------- * Published on 30 June 2017 * Commenced on 30 June 2017 The Union Territory Goods and Services Tax (Lakshadweep) Rules, 2017 Published vide Notification No. G.S.R. 746(E) , dated 30th June, 2017 No. 9/2017 - Union Territory Tax G.S.R. 746(E) . - In pursuance of sub-section (1) of section 22, read with section 21 of the Union Territory Goods and Services Tax Act, 2017 ( 14 of 2017 ), the Central Government hereby makes the following rules for the Union Territory of Lakshadweep, namely:-- ### 1. Short title and Commencement. (1) These rules may be called the Union Territory Goods and Services Tax (Lakshadweep) Rules, 2017. (2) They shall come into force with effect from the 1st day of July, 2017. ### 2. Adaptation of Central Goods and Services Tax Rules, 2017. (1) The Central Goods and Services Tax Rules, 2017, in respect of scope of supply, composition levy, composite supply and mixed supply, time and value of supply, input tax credit, registration, tax invoice, credit and debit notes, accounts and records, returns, payment of tax, tax deduction at source, collection of tax at source, assessment, refunds, audit, inspection, search, seizure and arrest, demands and recovery, liability to pay in certain cases, advance ruling, appeals and revision, presumption as to documents, offences and penalties, job work, electronic commerce, settlement of funds, transitional provisions, and miscellaneous provisions including the provisions relating to the imposition of interest and penalty, shall, mutatis mutandis, apply, with the following modifications, namely:- (a) in rule 1,- (i) for the words and figures "the Central Goods and Services Tax Rules, 2017", the words, brackets and figures, "the Union territory Goods and Services Tax (Lakshadweep) Rules, 2017" shall be substituted; (b) in rule 90, for sub-rule (4) the following sub-rule shall be substituted, namely:- "(4) Where deficiencies have been communicated in FORM GST RFD-03 under the Central Goods and Service Tax Rules, 2017, the same shall also deemed to have been communicated under this rule along with the deficiencies communicated under sub-rule (3)."; (c) in rule 117, in sub-rule (1), for the second proviso, the following proviso shall be substituted, namely:- "Provided further that in the case of a claim under sub-section (1) of section 140, the application shall specify separately- (i) the value of claims under section 3, sub-section (3) of section 5, sections 6 and 6A and sub-section (8) of section 8 of the Central Sales Tax Act, 1956 made by the applicant; and (ii) the serial number and value of declarations in Forms C or F and certificates in Forms E or H or Form I specified in rule 12 of the Central Sales Tax (Registration and Turnover) Rules, 1957 submitted by the applicant in support of the claims referred to in sub-clause (i)."; (d) in rule 117, clauses (a) and (b) of sub-rule (4) shall be omitted; (e) for rule 119, the following rule shall be substituted, namely:- "119. Declaration of stock held by a principal and agent.- Every person to whom the provisions of sub-section (14) of section 142 apply shall, within ninety days of the appointed day, submit a declaration electronically in FORM GST TRAN-1, specifying therein, the stock of the inputs, semi-finished goods or finished goods, as applicable, held by him on the appointed day."; (f) the following explanation shall be inserted at the end of these rules, namely:- 'Explanation. - For the purposes of these rules, it is hereby clarified that all references to section 140 of the Central Goods and Services Tax Act, 2017, shall be construed to refer to section 18 of the Union Territory Goods and Services Tax Act, 2017.'. Notification G.S.R. 752(E) . - In pursuance of the first proviso to rule 46 of the Union Territory Goods and Services Tax (Lakshadweep) Rule, 2017, the Central Government, on the recommendations of Goods and Services Tax Council, hereby notifies that the registered person having annual turnover as specified in column (2) of the Table below shall mention the digits of Harmonised System of Nomenclature Codes, as specified in the corresponding entry in column (3) of the said Table, in a tax invoice issued by them under the said notification: \| \| \| \| \| --- \| --- \| --- \| \| Serial Number \| Turnover \| Number of Digits of Harmonised System of Nomenclature Code \| \| (1) \| (2) \| (3) \| \| 1. \| Less than one crore fifty lakhs rupees \| Nil \| \| 2. \| More than one crore fifty lakhs rupees but less than five Crores rupees \| 2 \| \| 3. \| Five Crores rupees and above \| 4 \| ### 2. This notification shall come into force with effect from the 1st day of July, 2017 .
65ba66ebab84c7eca86eb275	acts	State of Tamilnadu- Act ------------------------- The Tamil Nadu Advocates' Clerks Welfare Fund Rules, 2000 ----------------------------------------------------------- TAMILNADU India The Tamil Nadu Advocates' Clerks Welfare Fund Rules, 2000 =========================================================== Rule THE-TAMIL-NADU-ADVOCATES-CLERKS-WELFARE-FUND-RULES-2000 of 2000 ---------------------------------------------------------------------- * Published on 28 February 2000 * Commenced on 28 February 2000 The Tamil Nadu Advocates' Clerks Welfare Fund Rules, 2000 Published vide Notification No. G.O. Ms. No. 222, Home (Courts V), dated 28th February 2000 - No. SRO A-17 (b) / 2000 In exercise of the powers conferred by sub-section (1) of section 26 of the Tamil Nadu Advocates' Clerks Welfare Fund Act, 1999 (Tamil Nadu Act 25 of 1999 ), the Governor of Tamil Nadu hereby makes the following rules:- ### 1. Short title. - These rules may be called the Tamil Nadu Advocates' Clerks Welfare Fund Rules, 2000. ### 2. Definitions. - In these rules, unless the context otherwise requires,- (a) "Act" means the Tamil Nadu Advocates' Clerks Welfare Fund Act, 1999 (Tamil Nadu Act 25 of 1999 ); (b) "Applicant" means an Advocates' Clerk or any other person applying to the Committee for financial assistance under these rules as provided in sub-section (2) of section 16 of the Act (c) "Committee" means the Committee established under sub-section (1) of section 4 of the Act. ### 3. Recognition of Advocates' Clerks. - Recognition of Advocates' Clerks employed by an Advocate shall be recognised as an Advocates' Clerks by the High Court or by the District Judge concerned on receiving an application from such Clerk, accompanied by the original copy of the appointment order issued by the Advocates concerned. ### 4. Recognition and registration of the Advocates' Clerks Association. (1) Every application for recognition and registration of the Advocates' Clerks Association shall be made in Form No. 1 to me Committee. (2) The Committee shall, after holding such enquiry as it deems fit, issue a certificate of recognition and registration of the Advocates Clerks Association in Form No. 2. ### 5. Membership of the Fund. - Every Advocates' Clerk who is recognised as such under rule 3 and who is a member of Advocates' Clerks Association shall apply to the committee through the Advocates' Clerks Association in which he is member, for admission as a member of the Fund in Form No.3 affixing his recent passport size photograph along with the fee as provided in sub-section (3) of section 15 of the Act. After the receipt of the application, the Committee shall, if it is satisfied with the particulars contained in the application, enrol him as a member of the Fund. ### 6. Stamp of the Fund. - The stamp of the Fund shall be printed superscribing with the expression "Tamil Nadu Advocates' Clerks Welfare Fund" by the Tamil Nadu Government Printing Press or any press specified by the Committee, from time to time, having regard to the security in printing. (2) [ The stamp of the Fund shall be in the custody of the Bar Council. The Advocates' Clerks Association shall purchase the stamps from the Bar Council after paying the value thereof less 10 per cent, towards incidental expenses.] [Substituted by G. O.Ms. No. 481, Home (Courts V), dated 10-2-2002, vide Notification No. S.R.O. A 32/ 2002 III (1) (a)26, dated 3-7-2002.] ### 7. Functions of the Committee. - The Committee shall exercise all such powers as may be necessary for carrying out the purposes of the Act and such powers may include- (a) to provide for annual inspection of the office; (b) to prepare annual administrative report and statement of the account on or after 31st December of each year and forward the same to the Bar Council. ### 8. Nomination. (1) Every member of the Fund shall furnish a declaration in Form No. 4 specifying his nominee or nominees. He may change his nominee or nominees by an application through Advocates' Clerks Association in which he is a member. The Fund becomes payable only to the last nominated person and the receipt by such nominee or nominees shall be complete discharge of all liabilities in respect of the Fund. (2) If a member of the Fund nominates more than one person, he shall specify in the declaration Form, the proportion in which the amount payable shall be distributed among them. (3) In the case of death of a member of the Fund without nomination, the Fund becomes payable to the heirs of the member of the Fund. (4) No member of the Fund shall be entitled to assign or encumber the Fund before it becomes payable. ### 9. Application for the payment from the Fund. (1) Every application for the payment from the Fund shall be preferred in Form No. 5 on or before the completion of one year from the date of the death of the Advocates' Clerk concerned by any dependent of the said Advocates' Clerk to the Committee along with the death certificate and the recommendation of the Advocates' Clerks Association in the Court or the place where the deceased Advocates' Clerk worked prior to his death. (2) Every application for the payment from the Fund by a permanently disabled Advocates' Clerk by reason of any physical or medical or other infirmity shall be preferred in Form No. 6 accompanied by a Medical Certificate together with the recommendation of the Advocates' Clerks Association in which he is a member. (3) Where the Committee finds that the evidence adduced by the applicant disabled for assistance from the Fund is false, it may call upon the applicant to refund the entire amount paid from the Fund as assistance with such interest as it may deem fit and the applicant shall comply with such direction. If the person fails to repay the amount, the same is to be recovered by filing the suit in a Court of Law. ### 10. Financial management. (1) Any money received on behalf of the Committee shall be acknowledged by a receipt signed by the Secretary or any other person authorized by the Committee in this behalf. All amounts received shall be credited into the account of the Committee as provided in sub-section (2) of section 10 of the Act on the next working day of the bank. (2) Every expenditure of Rs. 2,000 and above shall be made by cheque. (3) Every bill presented for payment shall be examined by the Secretary and on his being satisfied that the claim is admissible, and the payment is duly authorised, he shall pay the amount after obtaining a receipt. The entry in the account book shall be made for all the payment either by cash or by cheque. (4) The Secretary shall maintain an acquittance register. The disbursement of any amount shall be made in the presence of the Secretary, who shall attest the payment in the acquittance register. The Secretary shall submit to the Committee the acquittance roll along with the salary cheque of the staff of the Committee on the last working day of the month. (5) All moneys received and spent shall immediately be brought to account in a day book and ledger. The Cash Book shall be balanced at the close of every month and signed by the Secretary. ### 11. Contingent expenditure and traveling allowance. (1) The Chairman shall have the authority to sanction an expenditure of a contingent nature not exceeding Rs. 5,000 (Rupees five thousand only) which shall be placed before the Committee at its next meeting. He shall be the authority competent to sanction traveling allowance bills of the members of the Committee. No capital expenditure shall be incurred without the previous sanction of the Committee. (2) Every member of the Committee other than an ex officio member, attending a meeting of the Committee shall be entitled to a traveling allowance equivalent to the second class train fare to and fro or bus charge to and fro and a sum of Rs. 250 (Rupees two hundred and fifty only) per day as daily allowance for each day of stay at Chennai. ### 12. Placing of the Statement of Accounts before the Committee. - The Statement of income and expenditure of the year audited as provided in sub-section (4) of section 10 of the Act shall be placed before the Committee not later than the 30th September of every year. ### 13. Budget. - Budget estimates of income and expenditure for the succeeding year shall be made by the Committee before the 31st March of every year. Form No. 1 [See Rule 4(1) ] Application for Recognition and Registration of the Advocates Clerks' Association ### 1. Name of the Association ### 2. Address of the Association with Telephone No. (if any) ### 3. Names of the office bearers with their addresses ### 4. Names of the members of the Association with their addresses (a) Address (b) Age (c) Date of enrollment (d) Place of employment (Separate sheet may be enclosed) ### 5. Whether rules or bye-laws enclosed ### 6. Other particulars, if any \| \| \| \| --- \| --- \| \| Place : \| Signature of the President/ Secretary, \| \| Date : \| Advocates' Clerks Association \| Form No. 2 [See Rule 4(2) ] Certificate of Recognition and Registration Registration No. ........ This is to certify that the Advocates' Clerks' Association at ..... (Place) is recognised and registered as Advocates' Clerks Association by the Tamil Nadu Advocates' Clerks Welfare Fund Committee under section 13 of the Tamil Nadu Advocates' Clerks Welfare Fund Act, 1999 (Tamil Nadu Act 25 of 1999 ). \| \| \| \| --- \| --- \| \| Chennai : \| Secretary, \| \| Date : \| Tamil Nadu Advocates' ClerksWelfare Fund Committee \| Form No. 3 [See Rule 5] Application for the Membership of the Tamil Nadu Advocates Clerks Welfare Fund Act, 1999 To The Secretary, The Tamil Nadu Advocates' Clerks Welfare Fund Committee, High Court Campus, Chennai - 600 104. Sir, I am regularly working as an Advocate's Clerk under Thiru ................ Advocate. I declare that,- (a) I am an Advocate's Clerk working at from the year ; (b) I am not an undischarged insolvent; (c) I have never been convicted by any Court for an offence involving moral turpitude; or A period of two years has elapsed since my release after being convicted of an offence involving moral turpitude (in case of conviction, particulars of such convictions should be given); (d) I am not in full time service or business or any such part time business or other avocation; (e) I am a member of the Advocates' Clerks Association which is registered and recognised by the Committee (Vide Registration No ); (f) I have not made an application through any other Association; (g) I am herewith enclosing Demand Draft for Rs. 50 towards admission fees and also another Demand Draft for Rs. 1,000/ Rs. 500 towards membership fee in full/ first installment. I request that I may be admitted as a member of the Tamil Nadu Advocates' Clerks Welfare Fund. The particulars furnished and the statements made herein above are true to the best of my knowledge, information and belief. I agree and undertake to furnish to the Committee any particulars and information in connection with this application. This the ........................... day of ......................... 2000. Place : Date : Signature of the Applicant Recommendation of the Recognised Association We recommended Thiru who is an Advocates' Clerk from the year for membership of the Advocates' Clerks Welfare Fund. Place: Date: Signature of the President and Secretary, Advocates' Clerks Association. Note. - Affix a passport size photograph of the nominee/ nominees at the top of the application. Form No. 4 [See Rule 8] Form of Nomination I hereby declare that the members of my family/ person/ a persons so long as I have no family and direct that the amount payable to me from the Tamil Nadu Advocates' Clerks Welfare Fund at the time of my death shall be paid to/ distributed to/ those mentioned below in the manner shown against their names: \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Name and address of nominee \| Relationship with advocates' clerk \| Age of the nominee \| Amount or share to be paid \| \| 1 \| 2 \| 3 \| 4 \| \| \| \| \| \| The particulars furnished and the statements made herein above are true to the best of my knowledge, information and belief. I agree and undertake to furnish to the Committee any particulars and information in connection with this application. This the day of 2000. Signature of the Advocates' Clerk. Two Witnesses to the Signature: (1) (2) Place: Date: Note. - (1) On the death of anyone nominee or nominees, a fresh declaration and nomination form shall have to be filed with the leas t possible delay. (2) If the member subsequently acquires a family, he shall file fresh declaration and nomination form. (3) Affix passport Size photograph of the nominee/ nominees of the top on the Form. Form No. 5 [See Rule 9(1) ] Application form for the Grant of Death Benefit ### 1. Name and address of the applicant.: ### 2. Date and place of death of the Advocates' Clerk.: ### 3. The relationship of the applicant to the deceased Advocate's Clerk.: ### 4. Name and permanent address of the deceased Advocate's Clerk.: ### 5. The period in which the deceased Advocate's Clerk had worked.: ### 6. Place or places where the deceased Advocate's Clerk had actually worked.: ### 7. Whether the deceased Advocate's Clerk was a member of the Tamil Nadu Advocate's Clerks Welfare Fund.: ### 8. The number of members in the family depending upon the deceased Advocate's Clerk and their respective relationship with the said Advocate's Clerk.: ### 9. Any other particulars and information that the applicant desires to furnish.: The particulars furnished and the statements made herein above are true to the best of my knowledge, information and belief. I agree and undertake to furnish to the Committee any particulars and information in connection with this application. This the day of 2000 \| \| \| \| --- \| --- \| \| Place : \| \| \| Date : \| Signature of the Applicant. \| \| Enclosures required : \| \| (a) Death Certificate (b) Recommendation of the Advocate's Clerks Association Form No. 6 [See Rule 9(5) ] Application form for the Grant of Benefit to the Permanently Disabled Advocate's Clerk ### 1. Full name of the applicant/ Advocate's Clerk : ### 2. Residential Address : ### 3. Office Address : ### 4. Name or names of Advocate (s) with who the applicant was or has been working : ### 5. Reasons for seeking benefits : ### 6. Proof for permanent disablement : ### 7. Affidavit for permanent disablement : ### 8. Whether applicant is a member of the Tamil Nadu Advocate's Clerks Welfare Fund (Give particulars) : The particulars furnished and the statements made herein above are true to the best of my knowledge, information and belief. I agree and undertake to furnish to the Committee any particulars and information connection with this application. This ................. the ................. day of ................. 20.. Place: Date: Signature of the Applicant.
65b9c8a0ab84c7eca86e9f67	acts	State of Madhya Pradesh - Act ------------------------------- The M.P. Tendu Patton Ke Nirvartan Hetu Nyuntam Dar Nishchayan Adhiniyam, 1972 -------------------------------------------------------------------------------- MADHYA PRADESH India The M.P. Tendu Patton Ke Nirvartan Hetu Nyuntam Dar Nishchayan Adhiniyam, 1972 ================================================================================ Act 10 of 1972 ---------------- * Published on 1 May 1972 * Commenced on 1 May 1972 The M.P. Tendu Patton Ke Nirvartan Hetu Nyuntam Dar Nishchayan Adhiniyam, 1972 (M.P. Act No. 10 of 1972 ) [Dated 1st May, 1972] Received the assent of the Governor on the 1st May, 1972; assent first published in the "Madhya Pradesh Gazette" (Extraordinary) , dated 2nd May, 1972. An Act to fix the minimum rales for disposal of tendu leaves in certain cases and for certain other matters connected therewith. Be it enacted by the Madhya Pradesh Legislature in the Twenty-third Year of the Republic of India as follows :- ### 1. Short title. - This Act may be called the Madhya Pradesh Tendu Patton Ke Nirvartan Hetu Nyuntam Dar Nishchayan Adhiniyam, 1972. ### 2. Definitions. - In this Act, unless the context otherwise requires,- (a) "Purchaser's Agreement" means the Purchaser's agreement executed under condition No. 17 of the Tender notice; (b) "renewal of purchaser's agreement" means renewal of purchaser's agreement in pursuance of condition No. 25 of the Tender Notice and clause 2 of the purchaser's agreement; (c) "standard bag" means one thousand standard gaddis, whether bagged or not; (d) "standard gaddi" means a bundle containing fifty tendu leaves; (e) "Tender notice" means tender notice for disposal of tendu leaves published under Forest Department, Madhya Pradesh, No. 8004-X-69 dated the 26th November, 1969, in "Madhya Pradesh Gazette" (Extraordinary), dated the 27th November, 1969; (f) "unit" means a unit constituted under Section 3 of the Madhya Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam. 1964 (No. 29 of 1964). ### 3. Fixation of minimum rates for disposal of tendu leaves for calendar year 1972 in certain cases. - Notwithstanding anything contained in any purchaser's agreement or tender notice relating to fixation of purchase price of tendu leaves on renewal of purchaser's agreement for the calendar year, 1972 or any judgment, decree or order of any Court to the contrary, the minimum rates of disposal of tendu leaves in respect of all the purchasers appointed through purchaser's agreement for the disposal of tendu leaves unit of 1970 and 1971, and entitled to renewal of the purchaser's agreement for the calendar year, 1972 shall be and shall always be as specified in the Table appended hereto and it is hereby enacted that the renewal of any purchaser's agreement for the calendar year, 1972 shall be subject to the said minimum rates and they shall be applicable to the purchaser entitled to purchase tendu leaves by virtue of renewal clause of purchaser's agreement of the calendar year, 1971 with effect from the 1st January, 1972 as if the provisions herein contained have been in force at all material times and formed likewise part at all times of the tender notice and the purchaser's agreement. Table \| \| \| \| --- \| --- \| \| Circle \| Purchase rate perstandard bagRs. \| \| (1) \| (2) \| \| 1. \| All units in the whole of Bastar Forest Circle \| 85 \| \| 2. \| All units in the whole of Raipur Forest circle and Bilaspur, North Bilaspur and Raigarh Forest Divisions of Bilaspur Forest Circle \| 75 \| \| 3. \| All units in North Surguja, South Surguja and Jashpur Forest Divisions of the Bilaspur Forest Circle \| 55 \| \| 4. \| All units in all Forest Circles in the State other than those specified in 1, 2 and 3 above. \| 55 \| ### 4. Repeal. - The Madhya Pradesh Tendu Patton Ke Nirvartan Hetu Nyuntam Dar Nishchayan Adhyadesh, 1972 (No. 2 of 1972) is hereby repealed.
65b98661ab84c7eca86e94cc	acts	State of Punjab - Act ----------------------- Punjab Forest Produce Transit Rules, 2019 ------------------------------------------- PUNJAB India Punjab Forest Produce Transit Rules, 2019 =========================================== Rule PUNJAB-FOREST-PRODUCE-TRANSIT-RULES-2019 of 2019 ------------------------------------------------------- * Published on 21 November 2019 * Commenced on 21 November 2019 Punjab Forest Produce Transit Rules, 2019 Published vide Notification No. G.S.R. 44/C.A.16/1927/Ss. 41 and 42/2019, dated 21.11.2019 Last Updated 24th December, 2019 No. G.S.R. 44/C.A.16/1927/Ss. 41 and 42/2019. - Whereas the Kullu, Kangra and Gurdaspur Forest Produce Transit (Land Routes) Rules, 1965 were made in undivided Punjab and some areas are now part of the State of Himachal Pradesh; Whereas Pathankot has been carved out as a separate district from Gurdaspur District in the State of Punjab; Whereas the Government of Punjab is implementing schemes to promote agro forestry and undertaking structural reforms to incentivise farmers in promotion of agro forestry; Now, therefore, in exercise of the powers conferred by sections 41 and 42 of the Indian Forest Act, 1927 (Central Act No.16 of 1927) and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules to regulate the transit of forest produce by land routes into, from and within the territorial limits of the State of Punjab as specified in sub-rules (3) , (4) and (5) of rule 1 of these rules, namely:- ### 1. Short title, commencement and application. (1) These rules may be called the Punjab Forest Produce Transit Rules, 2019. (2) They shall come into force on and with effect from the date of their publication in the official Gazette. (3) Rules 3 to 10 of these rules shall apply to the territorial limits of such part of Pathankot Districtas lies to the east and the north of the Madhopur-Pathankot-Chakki Road. (4) Rule 11 of these rules shall apply to the territorial limits of whole of the State of Punjab. (5) Rule 12 of these rules shall apply to the Kandi/Shiwalik area of Punjab comprising Sahibzada Ajit Singh Nagar, Roopnagar, Nawanshahar, Hoshiarpur, Dasuya and Pathankot forest divisions. ### 2. Definitions. (1) In these rules, unless the context otherwise requires,- (a) "Act" means the Indian Forest Act, 1927 (Central Act No. of 1927); (b) "Conservator of Forests" means the Forest Officer in-charge of the concerned territorial circle; (c) "Divisional Forest Officer" means the Forest Officer in-charge of the Forest Division; (d) "Forest Division" means an executive unit under the charge of a Divisional Forest Officer constituted for the purpose of administration and notified as such by the Government; (e) "forest produce" shall specifically mean timber (converted or otherwise), firewood, charcoal, katha and resin, but shall not include Non Timber Forest Produces (NTFPs) like bamboos and agro-forestry species such as Populus spp., Eucalyptus spp., Melia azedarach (Drek), Morus alba (Mulberry), Leucaena leucocephala (Subabul), Casuarina spp., Grevillea robusta (Silver Oak), Acacia mangium, Melia dubia (Malabar Neem), Prosopis cineraria (Khejri), Salix alba (Indian willow), Gmelina arborea (Gamari) or any other species declared by the State/ authorised agency as agro-forestry species from time to time. (f) "State Government" means the Government of the State of Punjab in the Department of Forests and Wildlife Preservation. (2) The words and expressions used in these rules but not defined shall have the same meanings as assigned to them in the Act. ### 3. Prohibition of transportation of timber. - No forest produce shall be exported from or transported within the limits of the area to which these rules apply between 22:00 hours and 05:00 hours. ### 4. Pass for export or transport of forest produce. (1) No person shall export or transport any forest produce which has been collected in the area to which these rules apply without first obtaining a pass in the Form appended to these rules from the Divisional Forest Officer concerned or the Forest Officer authorised by him or otherwise than in accordance with these rules and conditions of the pass. (2) The pass issued under sub-rule (1) shall accompany the forest produce in transit and shall show the number of logs or the kind of forest Section 41 produce, the marks indicative of the owner's property therein, the place of its destination and the time for which it shall remain in force. It shall specify that the forest produce may be stopped for examination at places to be named in the pass, and the Forest Officer may also require the measurements of the forest produce (when possible) and its estimated value to be entered therein. (3) No pass under this rule shall be issued for any unmarked timber or for such timber as bears the mark not registered as hereinafter provided. (4) The Divisional Forest Officer may refuse to issue a pass if he has reasons to believe that the forest produce has not been legally obtained by the applicant for export or transport. (5) The person who has been refused the issue of a pass under sub-rule (4) may, within fifteen days from the date of refusal, prefer an appeal to the Conservator of Forests, and his decision there on shall be final. (6) The Forest Officer may, at any time, require any person exporting or transporting forest produce to produce the pass issued for exporting or transporting such forest produce. No person shall be entitled to export or transport forest produce by virtue of a pass which he does not himself hold but is or is stated to be, in the hands of some other person. ### 5. Powers to detain forest produce and vehicle. (1) In the event of the pass issued under rule 4 not being produced, the Forest Officer may detain the forest produce and trucks, carts and other vehicles by which it is being exported or transported. (2) In the event of the time mentioned in the pass having expired before arrival at the destination of the forest produce covered by the pass, the Divisional Forest Officer may extend the period as he may think proper during which the pass shall be further valid. ### 6. Exemption from obtaining pass. - Notwithstanding anything contained in these rules, any right-holder in Pathankot District who has obtained timber for the construction or repairs of his house, farm, building, or fuel wood in accordance with his rights under the forest settlement covering the area to which these rules apply or who has cut the timber from his own land under rightful authority, may without obtaining a pass under rule 4, transport such timber within the revenue estate where his land or house is situated. ### 7. Registration of mark. (1) Any person wishing to export or transport forest produce by land route shall register at the office of the Divisional Forest Officer from whose jurisdiction the forest produce is to be exported, the mark or marks which indicate their proprietary rights on such forest produce: Provided that no mark is required on any timber of a right-holder, who is exempted to obtain a pass under rule 6. (2) The registration fee of fifty rupees shall be payable for every separate mark so registered and if the number of marks exceeds three, the said fee shall be one hundred rupees for each mark. However, no fee shall be payable by any Government Department. (3) Every registration shall be valid for three years to be counted from 1st January following the date of registration. (4) No person shall be allowed to register any mark already registered in favour of any other person, or any mark used by the Government. The Divisional Forest Officer may refuse registration of any mark which, in his judgement, soclosely resembles any mark used by the State Government or registered in favour of any person as to be easily produceable by altering such mark. (5) A certificate showing the marks registered, the date of registration, the period for which it shall be valid and acknowledging the payment of the fees shall be given to every person registering his mark or marks. (6) No person shall, without the written permission of the Divisional Forest Officer, alter, deface or obliterate any mark placed on any forest produce while in transit. ### 8. Exemption from registration of marks. - Timber fashioned into articles of furniture, carts, carriages and agricultural, domestic and other implements or pieces thereof shall be exempted from registration of mark or marks as required under sub-rule (1) of rule 7. ### 9. Duties of Forest Officers and Police Officers In-charge of the Check Posts. (1) Any person in-charge of forest produce in transit shall have to stop the vehicle by which the forest produce is being exported or transported and produce the pass for inspection of the Forest Officer or Police Officer in-charge of the Check Post. (2) If the Forest Officer or Police Officer in-charge of the Check Post finds that such forest produce is being exported or transported in accordance with the conditions specified in the pass, he shall allow it to be exported or transported and proceed past the check post. (3) If the whole quantity of forest produce entered in the pass reaches the Check Post in one consignment only, the Forest Officer or Police Officer in-charge of the Check Post shall retain the Pass after cancelling it and return the attached coupon duly filled in to the person in-charge of the forest produce. (4) If the whole quantity of forest produce mentioned in the pass does not reach the Check Post in one consignment, the Forest Officer or Police Officer in-charge of the Check Post shall, on arrival of each consignment, other than the last one, record on the pass the quantity of forest produce being exported or transported and return the pass to the person in-charge of the forest produce for presentation again at the time of export or transport, as the case may be, of the subsequent consignment. On the arrival of the final consignment, the Forest Officer or the Police officer in-charge of the Check Post, shall retain the pass after cancelling it and return the detachable coupon duly filled in to the person in-charge of the forest produce. (5) No person shall offer any forest produce for export by rail on any railway station on the Pathankot-Joginder Nagar Railway line within the area to which these rules apply, unless it is covered by a pass issued by the Divisional Forest Officer or any other person so authorised by him in this behalf. ### 10. Penalties. (1) Any person who contravenes any provision of these rules, shall be liable to imprisonment of either description for a term which may extend to six months or with fine which may extend to five hundred rupees or with both. (2) Penalties and procedures laid down in chapter IX of the Act, shall so far as applicable, be read as part of these rules and for the purpose of these provisions, every offence punishable under these rules shall be deemed to be a forest offence. ### 11. Powers to grant Pan India Permit for movement of bamboo grown on private land. - Notwithstanding anything contained in rules 3 to 16 of these rules, if any person in the State of Punjab approaches the concerned Divisional Forest Officer to obtain Pan India Permit for the inter-state movement of bamboo grown on private land, the same may be granted to such person by the concerned Divisional Forest Officer based on the instructions issued by the Principal Chief Conservator of Forests (Head of Forest Force), Punjab in this regard from time to time. ### 12. Powers to give permission to set up Check Posts and related regulations. - Notwithstanding anything contained in rules 3 to 11 of these rules, the Divisional Forest Officers of Kandi/Shiwalik area of Punjab comprising Sahibzada Ajit Singh Nagar, Roopnagar, Nawanshahar, Hoshiarpur, Dasuya and Pathankot forest divisions may, with the prior permission of the State Government, regulate or restrict the transit of forest produce of the species other than those exempted under clause (e) of rule 2 of these rules through regular check posts and issuance of transit permit for forest produce. ### 13. Repeal and Saving. - The Kullu, Kangra and Gurdaspur, Forest Produce Transit (Land Routes) Rules, 1965 are hereby repealed: Provided that any order issued or any action taken under the rules so repealed, shall be deemed to have been issued or taken under the corresponding provisions of these rules. Form [See rule 4(1) ] Forest Division Pass For Export or Transport of Forest Produce From\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_forest Division. Pass No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_dated\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 1. Name of person to whom pass is granted\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. Date on which issued\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 3. Route by which forest produce will be transported\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 4. Details of forest produce covered by the pass (Details overleaf/ attached):-\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 5. Whence obtained \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 6. Place to which consigned\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 7. Date of expiry of permit\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 8. Property marks \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Note. - After the expiry of the permit, he will please report as to whether it has been availed of in booked by rail from any railway station on the Pathankot- Joginder Nagar Railway Lined, the concerned station master may pleased endorse on the back of the pass the quantity of timber so booked along with the date and the destination so as to facilitate further checking. Divisional Forest Officer \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_forest Division. No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Dated\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Copy forwarded to:- ### 1. Range Officer \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ for information with reference to his report No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_dated\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. In-charge check post of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ for information. ### 3. Shri \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ for information. Divisional Forest Officer \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_forest Division. "Certified that the Forest Produce allowed vide permit No. \_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_ dated \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ has been exported in full and the permit after use has been deposited with the undersigned on In-charge: Check Post\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Forest Division.
65b9a838ab84c7eca86e98f8	acts	State of Haryana - Act ------------------------ Haryana Urban Development Authority (Erection of Buildings) Regulations, 1979 ------------------------------------------------------------------------------- HARYANA India Haryana Urban Development Authority (Erection of Buildings) Regulations, 1979 =============================================================================== Rule HARYANA-URBAN-DEVELOPMENT-AUTHORITY-ERECTION-OF-BUILDINGS-REGULATIONS-1979 of 1979 ----------------------------------------------------------------------------------------- * Published on 5 March 1979 * Commenced on 5 March 1979 Haryana Urban Development Authority (Erection of Buildings) Regulations, 1979 Published vide Haryana Government Notification No. LO-79/2339, dated 5th March, 1979 No. LO-79/2339, Dated 5th March, 1979. - In exercise of the powers conferred by section 54 (d) of the Haryana Urban Development Authority Act, 1977, and with the previous approval of State Government conveyed vide their Memo No. 479-5 (8)-TCP-79/31, dated 14th February, 1979, the Haryana Urban Development Authority hereby publishes the following regulations for the erections of buildings in the Urban Estates set up by the Authority : Part I – 1. Title and Commencement. ------------------------------------- (a) These Regulations maybe called the Haryana Urban Development Authority (Erection of Buildings) Regulations, 1979, (b) These shall come into force at once. (c) These Regulations shall apply to all the Urban Estate in Haryana State and to such other areas as the State Government may extend by notification in the Official Gazette. ### 2. Definitions. - In these Regulations, unless the context otherwise requires : (i) "Abut" A building is said to abut on the street when the outer face of any its external walls is on the street boundary. (ii) "Act" shall mean the Haryana Urban Development Authority Act, 1977. (iii) (a) "Ancillary zone" in the residential area shall mean a zone of building attached to and serving the main residential building. It shall include building such as garage, store-room, fuel store and servant quarters, but shall not include a guest house capable of use as independent dwelling unit; (b) "Ancillary zone" in industrial area shall mean the building ancillary and serving the main industrial building and shall include Administrative building, godown, cycle shed, dispensary, canteen, electric sub-station and quarters for watch and ward staff but will not include residential accommodation for superior staff; (iv) "Applicant" shall mean a person who gives notice to the Chief Administrator of his intention to erect or re-erect a building and shall include his legal representatives; (v) "Architect" shall have the same meaning assigned to it in the Architects Act, 1972; (vi) "Architectural control sheets" shall mean sheets of drawing with directions signed by the Chief Administrator and kept in his office showing the measure of Architectural control and prepared under Regulation 14; (vi-a) "Authorised Officer" means an officer of the authority specifically authorised to perform certain functions under these Regulations; (vii) "Balcony" shall mean a cantilevered horizontal projection from the wall of building without any vertical support and having a balustrade or railing not exceeding one metre in height and intended for human use; (viii) "Barsati" shall mean a habitable space on the roof of the building with/without toilet facilities; (ix) "Base" applied to a wall or a column, shall mean the underside of that part of the wall or of the column which immediately rests upon the footing or foundation or upon any bressummer or other structure by which such wall or column is carried; (x) "Basement" or "Cellar" shall mean the lower story of building below or partly below ground level; (xi) "Building" shall mean any structure constructed for whatsoever purpose and of whatsoever materials and every part thereof whether used as human habitation or not and includes foundation, plinth, walls, floors, roofs, chimneys, plumbing and building services fixed platforms, verandah, balcony, cornice or projection part of a building or anything affixed thereto or any wall enclosing or intended to enclose any land or space and signs and outdoor display structures. Tents, shamianas and tarpaulin shelters shall not be considered as building; (xii) "Building Line" shall mean a fixed line, if any specified for a site beyond which no building within that site other than a compound wall shall project; (xiii) "Class of Building" shall mean a building in one of the following four categories, - (a) residential buildings; (b) commercial building; (c) warehouse and industrial buildings; and (d) public buildings. (xiv) "Canopy" shall mean a cantilevered projection from the face of a wall over an entrance to the building at the lintel level provided further that - (i) it shall not exceed 5 sq. metres in area; (ii) it shall not be lower than 2.3 metres when measured from the ground; (iii) it shall not be allowed at more than one entry; (iv) it shall not extend 1.8 metres beyond the building line; and (v) there shall be no platform underneath it. (xv) "Chhaja" or "Sun shade" shall mean a sloping or horizontal structural over hang usually provided over openings on external walls to provide protection from sun and rain; (xvi) "Commercial building" shall mean a building used wholly or partially for shops, offices, banks or other similar purpose, but shall not include industries and motor garages; (xvii) "Courtyard" shall mean an area open to the sky within the boundary of a plot, which is enclosed or partially enclosed or partially enclosed by building, boundary walls or railing and provides light and ventilation to one or more habitable rooms. It may be at ground floor level or any other level within or adjacent to a building; (xviii) [ "Engineer" shall be a person who is a graduate in Civil Engineering of a recognized Indian or Foreign University or corporate member of Civil Engineering Division of Institute of Engineers of India or equivalent Institute and/or registered as such with the Authority, employed for supervision of construction;] [Substituted by Haryana Government Gazette Part III dated 3.9.2003 published on 9.9.2003 at Page 126.] (xix) "erect or re-erect any building" includes, - (a) any material alteration or enlargement of any building; (b) the conversion of structural alteration into a place for human habitation of any building not originally constructed for human habitation; (c) the conversion into more than one place for human habitation of a building originally constructed as one such place; (d) the conversion of two or more places of human habitation into a greater number of such places; (e) such alteration of a building as affects an alteration of its drainage or sanitary arrangements or materially affects its security; (f) the addition of any rooms, building, out houses or other structures to any building; (g) the construction in wall adjoining any street or land not belonging to the owner of the wall, of a door opening on to such street or land; (xx) "External Wall" shall mean an outer wall or vertical enclosure of any building not being a party wall even though adjoining to a wall of another building and shall include a wall abutting on an interior open spaces of any building but shall not include an outer verandah wall; (xxi) "Factory" or Industrial building shall have the same meaning as defined in the Factories Act, 1948 (Act LXIII of 1948). (xxii) "Floor Area Ratio" (F.A.R.) shall mean the quotient obtained by dividing the multiple of the aggregate covered area on all floors and hundred by the area of plot F.A.R. - \| \| \| --- \| \| Total Covered Area x 100Plot area \| (xxiii) "Framed Building" shall mean a building the external walls of which are constructed of a frame of timber, iron, reinforced cement concrete or steel and such framing consisting of posts or columns and beams, filled in, wholly or partially covered with bricks, stones, iron plates or other materials; and the stability of which depends upon such framing; (xxiv) "Front" as applied to a building shall mean the portion facing the street from which it has access; (xxv) "Garage" shall mean a building or portion thereof used or intended to be used for shelter, storage or parking of a wheeled vehicle; (xxvi) "Ground floor" shall mean the storey which has its floor surface nearest to the ground around the building. (xxvii) "Habitable room" shall mean a room constructed or adopted to be used by some person either as a living room in which a part of the day so spent or a room in which some person may pass the night and shall include a kitchen but not include a bath-room, water closer or store-room; (xxviii) [ 'Height' as applied to a bailding shall mean the vertical measurement of the building measured from the finished level of the centre of the street where such street exists or from the mean level of the ground adioining the outside of the external walls to half the height of the roof in the case of sloping roofs and to the highest level of the buitding in the case of buildings with flat roofs excluding flush, ducts, minarets and parapetr not exceeding three feet six inches (1.07 meters) in height, mamti upto 2.s meters (including slab thickness) in case of residential buitdings. Height applied to a room shall mean the vertical measurement from the upper surface of the floor to the under surface of the ceiling of the same room; joist and beams being allowed to proiect beneath the ceiling and in the case of sloping ceiling, the height shall mean the height of any such room] [Substituted by Haryana Notification No. No. AUTH./2012/15505 dated 25.4.2012.] ; (xxix) "Licenced Plumber" shall mean a person registered with an authorised officer of the authority for the purpose of these Regulations and possessing qualification as in schedule I; (xxx) "Loft" shall mean an intermediary floor between two floors on a residual space in a pitched roof above a residual normal floor level within a maximum height of 1.5 metres and which is constructed or adopted of storage purposes; (xxxi) "Mamti" shall mean a small structure erected on the roof a building at the head of staircase to protect such staircase from weather; (xxxii) "Material change of use" shall mean a change from one class of building to another; (xxxiii) "Mazzanine floor" shall mean an intermediate floor, between two floors, above ground level with area of mazzanine restricted to 1/3 of the area of the lower floor and with a minimum height of 2.3 metres and shall not be lower than 2.3 metres above floor level; (xxxiv) "Party Wall" shall mean a common wall partly constructed on the plot of land and partly on an adjoining plot and serving both structurally; [The cost will be shared by the adjoining plot holders proportionately, In case of dispute the cost will be determined by Estate Officer.] [Added by Haryana Government Notification No. Auth-99/26357 dated 9.8.1999.] (xxxv) "Plinth" shall mean the portion of a structure between the surface of the surrounding ground and surface of the floor, immediately above the ground; (xxxvi) "Plinth Level" shall mean the level of the ground floor of a building; (xxxvii) "Plinth height" shall mean the height of the ground floor above the street level measured from the level of the centre of the adjoining street; (xxxviii) "Premises" shall mean messuages, buildings, lands, easements and hereditaments of any tenure; [(xxxviii-a) "Proof Consultant" shall be a person who is structural Engineer or a group/firm of structural Engineers having post graduate qualification in structural Engineering with ten years experience in structural design and evaluation thereof, for multistoreyed and specialized structures, and/or an Institute of the following type, employed for evaluation/checking of the structural design of the buildings referred to in the relevant form BR VI : [Inserted by Haryana Government Gazette Part III dated 3.9.2003 published on 9.9.2003 at Page 126.] ### 1. National Council for Building Material (NBC) Ballabgarh ### 2. Institute of Structural Engineers (India) ### 3. Central Building Research Institute, Roorkee ### 4. Various Engineering Institute like : (i) Indian Institutes of Technology (ii) Engineering College, Roorkee (iii) Punjab Engineering College, Chandigarh (iv) Regional Engineering Colleges (v) Any other such Institute of repute;] (xxxix) "Public Building" shall mean a building used or constructed or adapted to be used; either ordinarily or occasionally as a place of public worship, as a hospital, college, school, hotel-restaurant, theatre, public concert room, public lecture room, public exhibition hall or as a public place of assembly of entertainment for persons admitted thereto by tickets or otherwise, or used or constructed or adapted to be used either ordinarily or occasionally for any similar public purposes; (xl) "Public sewer" shall mean a sewer constructed by Haryana Government or Haryana Urban Development Authority or a local authority; (xli) "Rain Water-pipe" shall mean a pipe or drain situated wholly above ground and used or constructed to be used solely for carrying off rain water directly from room surface; (xlii) "Residential building" shall mean a building used or constructed or adapted to be used wholly or partially for human habitation and includes all garages, stables and other out buildings appurtenant thereto; (xliii) "Registered Architect" shall mean an architect holding qualifications as prescribed in the Architects Act, 1972 and registered as such with an authorised officer of the Authority; [xliii-a) "Structural Engineer" shall be a person who is a graduate in Civil Engineering of a recognized Indian or Foreign University or corporate member of Civil Engineering Division of Institute of Engineers of India or equivalent Institute with a minimum of three years experience in structural engineering practice in designing structures and field work and/or registered as such with the Authority, employed for preparation of the structural design for residential and commercial buildings up to three storeys or 11 Meter height. However, only the structural engineers possessing post graduate qualification in structural engineering along with a minimum of three years experience in the design of multi storey and specialized structures, and/or registered as such with the Authority, shall be employed to undertake and submit the structural design of buildings other than residential and commercial buildings up to three storeys of 11 Meter height, as per the requirements of the relevant forms BR, VIA or BR, VIB.] [Inserted by Haryana Government Gazette Part III dated 3.9.2003 published on 9.9.2013 at Page 126.] (xliv) "Site" shall mean a parcel (piece) of land enclosed by definite boundaries; (xlv) "Special Areas" shall mean the areas shown as such on the zoning plans in which Architectural control sheets shall apply; (xlvi) "Storey" shall mean any horizontal division of a building so constructed as to be capable of being used as a living apartment, although such horizontal division may not extend over the whole depth or width of the building, but shall not include mezzanine floor; (xlvii) "Street" shall mean any road foot, way, square, court, alley or passage accessible whether permanently or temporarily to the public and whether a thoroughfare or not and shall include every vacant space, notwithstanding that it may be private property and partly or wholly obstructed by any gate, post, chain or other barrier whether of houses, shops or other buildings abutting thereon, which is used by any person as means of access to or from any public place or thoroughfare, whether such person be occupiers of such buildings or not, but shall not include any part of such space which the occupier of any such building has a right at all hours to prevent all other persons from using as aforesaid, and it shall include also the drains or gutters therein or on either side and the land whether covered or not by any pavement, verandah or other erection upto the boundary or any abutting property not accessible to the public; (xlviii) "Structural wall" shall mean a load bearing wall or a wall that carries load in addition to its own load; (xlix) "Sub-soil drain" shall mean a drain used or constructed to be used solely for conveying to any sewer (either directly or through another drain) and water that may percolate through the sub-soil; (l) "temporary building" shall mean a building of unburnt bricks, burnt bricks without mortar, corrugated iron, bamboo, thatch, wood, boarding or plywood but shall not include a building built of burnt bricks, cement blocks or stones laid in mortar. In no case, it shall be allowed to stand three months beyond the validity of the sanctioned plan expires; (li) "Warehouse and industrial building" shall include a factory, a workshop or a motor garage; (lii) "Zoning plan" shall mean the detailed layout plan of the sector or a part thereof as approved by the Chief Administrator showing the subdivision of plots, open spaces, streets, position of protected trees and other features and in respect of each plot, permitted land use, building lines and restrictions with regard to the use and development of each plot in addition to those laid down in the building rules. ### 2A. [ Building application. [Inserted by Haryana Government Gaz. Pt. III Notification No. 2007/7064 dated 26.2.2007.] - Procedure for submission of building application and execution of work shall be as per provisions contained in Part II of these regulations: Provided that in case of certain areas/uses and category of plots to be notified, self certification procedure as provided in Part II-A shall be followed.] Part II --------- Procedure for Submission of Building Application and Execution of Works ### 3. [ Application for erection or re-erection of building. [Substituted by Haryana Government Gazette Part III dated 3.9.2003 published on 9.9.2003 at Page 126.] (1) Any person, excepting those mentioned in regulation 6, intending to erect or re-erect any building shall make an application in writing to the Estate Officer in form BR I accompanied by the following documents and forms, duly signed by registered Architect, Engineer, Structural Engineer and Proof Consultant as required in the relevant forms/documents :- (a) a site plan as required by Regulation 4; (b) a building plan or plans as required by Regulation 5; (c) details of specifications of the work to be executed in Form BR II; (d) structural drawings (for record); (e) fire safety design as required under Nation Building Code, duly approved by the Fire Officer; (f) heating, ventilation, air conditioning, (HVAC) service plan wherever required; (g) certificate of conformity to regulation and structural safety for the relevant building (depending on type and height) in form BR VIA or BR VIB. (2) Every person giving application under sub-regulations (1) above, shall appoint a registered Architect for the drawing up of plans. The supervision of erection or re-erection of residential and commercial buildings up to three storeyed or 11 Meter height may be undertaken by the Architect and/or the Engineer. However, in case of building other than residential and commercial buildings upto three storeyed or 11 Meter height, the supervision shall be undertaken both by the Architect and the Engineer. (3) The application, plans, structural drawings, specifications and the certificates shall be signed by the applicant and the registered Architect, Engineer, Structural Engineer and Proof Consultant as required in the relevant forms/documents. (4) The application shall be accompanied by a scrutiny fee to be calculated at the rate of Rs. 10 per Square Meter of the floor area. [Provided that in case of multi-storeyed buildings (more than four storeyed or fifteen meters in height, as the case may be), scrutiny fee shall be calculated at the rate of Rs. 15/- per square meter of the floor area or as may be specified by the Authority from time to time:] (5) A refundable amount of Rs. 1000 shall be deposited by the applicant with the building application. The amount will be refundable to the applicant after construction of the building and after satisfying the Estate Officer or his representative regarding clearance of the site and removal of the debris therefrom. (6) In case where the supervising Architect/Engineer is different from the one who has prepared the designs, the plan shall be signed by both of them.] ### 3A. Preparation of zoning plans and passing of building plans. - The authority may constitute Committees for - (a) Preparation of zoning plans; (b) Passing of building plans; and entrust such committees with such powers and functions as it may deem proper. ### 4. Site Plan. (1) The site plan shall be drawn to a scale of not less than :- (a) 1 to 200 for sites upto 1,000 square metres. (b) 1 to 400 for sites above 1000 square metres and under 4500 square meters. (c) 1 to 800 for sites of 4500 square metres and above. (2) The site plan shall be prepared with the sufficient accuracy to enable the site to be submitted on distinct azo prints in duplicate, two of which shall be mounted on cloth. One mounted copy shall be returned to the applicant duly sanctioned or rejected, as the case may be. The site plan shall be fully dimensioned and shall show- (a) the boundaries of the site. (b) the direction of the North point relative to the site. (c) the street or road adjoining the site with their width clearly dimensioned and name, if any, all existing road side, tree, lamp posts, or either features or structures likely to affect the approach to the building. (d) surrounding buildings in outline within distance of 15 metres from the boundaries of the site. (e) all existing buildings or structure on, over or under the site or projecting beyond it, in outlines besides distinctly indicating the proposed building or buildings. (f) the area and proportion of the site to be covered by building including existing building, if any. (g) dimension of open spaces on the front, rear and the side of the building. (h) the levels of the site and of the plinth of the building in relation to those of the neighbouring streets, also the levels of all square yards and open spaces in relation to the bed levels of the existing drains and sewers in the street or streets into which the building or sites to be drained; (i) method of disposal of waste water, sewerage and storm water; and (j) position of water supply. ### 5. Building Plan. (a) The building plan or plans shall be drawn to a scale not less than that given below : (i) 1 : 50 for plots upto 1000 square metres in size. (ii) 1 : 100 for plots over 1000 square metres. (b) These shall be submitted on distinct azo prints in quadruplicate, two of which shall be mounted on cloth. One mounted copy shall be returned to the applicant duly `sanctioned' or `rejected' as the case may be, these plans shall, inter alia, indicate :- (i) the plans of all the floors, all external elevation and sections (Longitudinal and cross) illustrating distinctly all the different levels through floors, stair case, W.C. bath kitchen and garage. (ii) the plinth level of the building with reference to the level at the centre of the street or streets on which the proposed building is to abut. (iii) the schedule indicating the sizes of the doors, windows, openings and other methods of ventilation of each room. (iv) the means of access to the building and its various floors together with the means of escape in case of fire, if required under the specific rules. (v) in the case of proposed additions and alterations to an existing building, all new works on the plan by indelible distinctive colours with a key to the colours used; (vi) the proposed method of drainage, including the position, forms and dimensions of all privies, urinals, drains and the method of disposal of sewage, sullage and storm water in full detail. (vii) North point relative to the plan of the building. Note :- In case of large buildings various blocks of the building may be drawn on separate sheets. ### 6. Type Plans. - In case the applicant wishes to follow type (Standard) design of a building approved by an authorised officer of the authority, he may obtain the same from the Estate Officer at the prescribed fee. Such an applicant need not get the building plan sanctioned from the Estate Officer, provided he constructs the building strictly in accordance with the standard design. He shall, however, have to obtain formal permission from the competent authority for starting construction of the building and shall also intimate date of commencement of construction of building to the Estate Officer. [The building plans of the Government and Semi-Government buildings which are prepared by Chief Architect, Department of Architecture, Haryana shall not be required to be got sanctioned from the Estate Officer, provided a certificate is furnished by the Chief Architect to the effect that the buildings plans conform to these regulations and further that the public health services will be got planned from the P.W.D., Public Health Department, Haryana.] [Added vide Haryana Government Notification No. Auth-99/16357, dated 9th August, 1999 Haryana Gazttee Part III dated 9.11.1999 at page 134.] ### 7. Information necessary to validate application. - No application under Regulation 3(i) shall be considered to be valid, unless it is made on the prescribed form and is accompanied by the requisite number of plans and documents together with the required fees, if any. In case of failure of such compliance, the application together with plans shall be returned to the applicant for re-submision in accordance with the Regulations. ### 8. [ Permission to erect or re-erect. [Substituted vide Haryana Government Notification No. Auth-99/16357, dated 9th August, 1999 Haryana Gazette Part III dated 9.11.1999 at page 134.] (1) After an application in the prescribed form containing the required information and accompanied by necessary documents and fees as required in regulation 3 is received, the Estate Officer shall, after making such inquiry as he may consider necessary, pass an order either sanctioning or rejecting it in form BR III within 60 days from the receipt of the application. If at the expiration of period of 60 days no such orders in writing the has been passed by the Estate Officer then such application shall be deemed to have been sanctioned:] [\\\*] [Omitted by Haryana Government Gazette. Part III Notification No. 2007/7064 dated 26.2.2007.] ### 9. Validity of sanctioned plan. - If a building is not completed within two years of the date of permission, the permission shall be deemed to have lapsed with respect to that portion of the building which has not been completed. In regard to the incomplete portion a fresh application alongwith the sanctioned set of plans together with prescribed fee shall be submitted: [Provided that multi-storeyed buildings (more than four storeyed or f peen meters in height, as the case may be), shall be completed within five years of the date of permission or as may be specified by the Chief Administrator whichever is less.] [Added by Haryana Notification No. Auth. -39686. dated 9.11.2009.] ### 10. Notice of commencement of work. - A person who has been given permission under Regulation 8 and intends to commence erection or re-erection shall give to the Chief Administrator or to any person authorised by him in this behalf, not less than a week's notice in writing of the date and time at which the erection or re-erection of the building will commence. ### 11. Completion of building. - [(1) Every person who intends to occupy a building or a part thereof shall apply for the occupation certificate in Form BR IVA or BR IVB which shall be accompanied by a certificate in Form BR VA or BR VB, duly signed by Architect/Engineer.] [Substituted by Haryana Government Gazette Part III dated 3.9.2003 published on 9.9.2003 at Page 126.] (2) No person shall occupy or allow any other person to occupy any new building or a part thereof for any purpose whatsoever until such building or a part there of has been certified by the Estate Officer having been completed in accordance with the permission granted and an occupation certificate has been issued in his favour in Form BR VII. (3) The occupation certificate shall not be issued unless debris and rubbish consequent upon the construction has been cleared from the site and its surroundings and the building is completed as per sanctioned plan. However, provisional occupation certificate pending the issue of official certificate may be issued for a period not exceeding six months in case [where atleast one habitable room, a kitchen and a toilet forming a part of the sanctioned plan is completed, subject to a minimum of 25% of the permissible ground coverage.] [Substituted by Haryana Government Gazette Part III dated 6.3.1998 published on 28.4.1998 at Page 48.] (4) [ Construction of the works as laid down in Regulation 81A shall be part of the occupation certificate. Unless such works are completed as per the approval drawings, no occupation certificate shall be issued.] [Added by Haryana Government Notification No. Auth. 2001/29449 dated 31.10.2001 published on 6.11.2001 at Page 668.] [Part IIA] [Added by Haryana Government Gaz. Notification No. 2007/7064 dated 26.2.2007.] Procedure for Submission of Building Application and Execution of work (applicable in areas notified for following self certification procedure) ### 11A. Intention to construct/physical possession/demarcation. (1) When a person expresses his intention to construct a building in form BRS 0 he shall first be required to clear the dues, if any, outstanding against his plot. After clearance of dues the following documents shall be provided to him by the Authority: (a) A sheet showing the zoning of the plot (except for sites governed by architecture control) indicating buildable and non buildable zones, north direction, external plot dimensions, gate location, boundary wall heights, front, rear and side set backs, adjoining plot numbers, formula for calculation of covered areas, floor area ratio, height limits of main and ancillary portions, allowable plinth level. Checklist of documents to be submitted at each stage along with the fee structure. (b) A copy of building bye-laws. (2) Besides providing documents mentioned above, Estate Officer or his representative shall give to the allottee the physical possession/demarcation and allowable plinth level of the plot at site. ### 11B. Submission of building application. (1) Any person intending to erect or re-erect any building shall make an application in writing to the Estate Officer in form B.RS.-I. accompanied by the following documents and forms, duly signed by a registered Architect. Engineer, Structural Engineer and Proof Consultant as required in the relevant forms/documents:- (a) a site plan as required by regulation 11-E; (b) a building plan or plans as required by regulation 11-F; (c) details of specifications of the work to be executed in form B.R S.-II; (d) certificate of conformity to regulations and structural safety in form BRS- V A/B; (e) the owner and Architect shall give a certificate in the form of an affidavit that they have understood the provisions of the zoning sheet fully and shall not deviate from the prescribed norms; (f) fire safety design as required by the National Building Code, duly approved by the fire officer; (g) heating, ventilation, air conditioning, (HVAC) service plan wherever required; (h) certificate of conformity to regulations and structural safety for the relevant building (depending on type and height) in form BRS -VA and BRS-VB; (2) Every person giving an application under regulation 11-B shall appoint a registered Architect for drawing up of plans. The supervision of erection or re-erection of residential and commercial buildings (governed by architecture controls) upto three stories or 11 metre height may be undertaken by the Architect. However, for industrial buildings and commercial buildings (governed by architecture control and above 11 metre height) the supervision shall be undertaken both by the Architect and the Engineer. The Architect shall sign the certificate taking responsibility for architectural supervision only. (3) The application, plans, structural drawings , specifications and the certificates shall be signed by the applicant and the registered Architect .Engineer .Structural Engineer and Proof Consultant as required in the relevant forms/documents. (4) The application shall be accompanied by the scrutiny fee to be calculated at the rate of Rs 10 per square meter of the floor area. (5) Amount of malba fee/security shall be Rs 1000/-(0ne thousand rupees only) for the plot having an area less than one kanal and Rs 2000/- (Two thousand rupees only) for the plot having an area of one kanal or more . Fifty percent of the amount shall be deposited as non refundable security. The malba fee/security shall be deposited by the allottee with the Executive Engineer concerned before the start of construction of house or release of water connection. The amount of malba /security shall be refundable only after the malba is completely removed , the area is levelled and the occupation certificate is issued by the Estate Officer concerned. The refund of malbe fee/security shall further be subject to the condition that allottee shall construct pucca approach to his house by connecting it from the edge of road towards his house and not from any other point of the road. (6) This application shall be treated as the fifteen days notice for start of construction. The construction can be started after fifteen days, in case no objection is conveyed to the applicant. (7) In case where the supervising Architect /Engineer is different from the one who has prepared the designs, the plans shall be signed by both of them. ### 11C. Checking of building plans and rectifying violations. (1) Authority reserves the right to check the building plans and construction at any stage and violations, if found shall have to be rectified by the owner/applicant. In case the owner/applicant fails to rectify violations, the Authority shall demolish the unauthorized construction. Action shall also be taken against the defaulting Architect by removing his name from the panel and referring his case to the Council of Architecture for misconduct. All rectifications shall be at the risk and cost of the owner and no plea of the owner shall be entertained for any default committed by the Architect engaged by him. In all such cases the procedure of self- certification shall stand aborted. (2) If a building is begun, erected or re-erected in contravention to any of the building regulations, the Chief Administrator shall be competent to require the building to be altered or demolished, by a written notice delivered to the owner. Such notice shall also specify the period during which such alteration or demolition has to be completed and if the notice is not complied with, the Chief Administrator shall be competent to demolish the said building at the expense of the owner. ### 11D. Preparation of zoning plans and checking of building plans. - The Authority may constitute committees for (a) preparation of zoning plans; (b) checking of building plans, and entrust such committees with such powers and functions as it may deem proper. ### 11E. Site plan. (1) The site plan shall be drawn to a scale of not less than: (a) 1 to 200 for sites not exceeding 1000 square meters; (b) 1 to 400 for sites exceeding 1OOO square meters but below 4500 square meters; (c) 1 to 800 for sites of 4500 square meters and above. (2) The site plan shall be prepared with sufficient accuracy to enable the site to be identified and shall be submitted on distinct azo prints in quadruplicate, two of which shall be mounted on cloth. The site plan shall be fully dimensioned and shall show (a) the boundaries of the site; (b) the direction of the North point relative to the site; (c) the street or road adjoining the site with their width clearly dimensioned and names, if any, all existing road side trees, lamp posts, or other features or structures likely to affect the approach to the building; (d) surrounding buildings in outline within a distance of 15 meters from the boundaries of the site; (e) all existing buildings or structures on, over or under the site or projecting beyond it, in outline besides distinctly indicating the proposed building or buildings; (f) the area and proportion of the site to be covered by building including existing building, if any; (g) dimension of open spaces on the front, rear and the side of the building; (h) the levels of the site and of the plinth of the building in relation to those of the neighbouring streets , also the levels of all courtyards and open spaces in relation to the bed levels of the existing drains and sewers in the street or streets into which the building or site is to be drained; (i) method of disposal of waste water, sewerage and storm water; and (j) position of water supply. ### 11F. Building plans. (a) The building plan or plans shall be drawn to a scale not less than (i) 1: 50 for plots not exceeding 1000 square meters in size; (ii) 1: 100 for plots exceeding 1000 square metres; (b) These shall be submitted on distinct Azo prints in quadruplicate, two of which shall be mounted on cloth. These plans shall, inter alia , indicate (i) the plans of all the floors, all external elevations and sections (longitudinal and cross) illustrating distinctly all the different levels through floors, stair case, water closet, bath, Kitchen and garage; (ii) the plinth level of the building with reference to the level at the centre of the street or streets on which the proposed building is to abut; (iii) the Schedule indicating the sizes of the doors, windows, openings and other methods of ventilation of each room; (iv) the means of access to the buiiding and its various floors together with the means of escape in case of fire, if required under the specific rules; (v) in case of the proposed additions and alterations to an existing building, all new works on the plan by indelible distinctive colours with a key to the colours used; (vi) the proposed method of drainage, including the position, form and dimensions of all privies, urinals, drains and the method of disposal of sewage, sullage and storm water in full detail; and (vii) north point relative to the plan of the building; Note:In case of large buildings, various blocks of the building may be drawn on separate sheets. ### 11G. Type plans. - In case the applicant wishes to follow type (standard) design of a building approved by an authorized officer of the Authority, he may obtain the same from the Estate Officer at the rate of Rs 100/- per print or at the rate fixed by the Authority from time to time. Rest of the procedure shall be the same as explained in regulatior.s-11-A, 11 -B, 11-E and 11-F above. However, the drawings to be submitted shall be the ones which have been supplied by the Authority and changes, if any, shall be shown on these very sheets. ### 11H. Information necessary to validate application. - No application under regulation 11-B shall be considered to be valid unless it is made on form BRS-I and is accompanied by the requisite number of plans and documents together with the scrutiny fee and malba fee/security at the rates mentioned at (4) and (5) of 11-B or at the rates fixed by the Authority from time to time. In case of failure of such compliance, the application together with plans shall be returned to the applicant for resubmission in accordance with the regulations. ### 11J. Validity of plans. - Once an application under regulation 11-B has been made the same shall be considered valid for construction within two years of the date of submission of application .If construction is not completed with in a period of two years then a fresh application shall have to be made under regulation 11-B. ### 11K. Completion of excavation. - The applicant jointly with his Architect shall give to the Estate Officer concerned intimation in form BRS-V11 along with necessary affidavit as mentioned in form BRS -VI1. ### 11L. Submission of progress certificates. (1) Progress certificates in the provided formats in form BRS-VII shall be submitted jointly by both the Architect and the owner at the following stages: (a) damp proof course level; (b) roof level. (2) At the time of submitting the progress certificate at damp proof course level an affidavit as mentioned in form BRS-VII stating that the construction being done is as per Haryana Urban Development Authority bye laws/norms in force shall also be submitted. On submission of damp proof course progress certificate construction shall be withheld for a period of fifteen days to allow random checking by the Estate office. The allottee may proceed with further construction if he receives no notice during this period from the Estate office. ### 11M. Completion drawings. (1) On the completion of the building the owner and the Architect shall submit final completion drawings along with form BRSI1I A/B, as applicable, along with affidavits as mentioned in form BRS-III A/B. Certificates in form BRS-IV A/B, as applicable, shall be submitted by Architect and Engineer alongwith certificates by contractor (if there is one) and plumber in form BRS-V11I and BRS-IX. Following documents shall also be submitted: (a) Self-assessment of violations in the building, jointly signed by the owner and Architect, along with demand draft of the due payment for compounding of such violations shall be submitted along with form BRS-I 11 A/B. (b) Both the Owner and Architect shall give an affidavit as mentioned at serial no. 10 in form BRS-I 11 A/B that no provision of Haryana Urban Development Authority bye-laws including allowable compounding items, has been violated. (c) Photographs of front, side, rear set backs, front and rear elevation of the building shall be submitted along with photographs of essential areas like cut outs and shafts from the roof top. A compact disc containing all photographs shall also be submitted. ### 11N. Occupation certificate. (1) The Authority shall necessarily issue an occupation certificate in form BRS VI within three working days of receipt of the form BRS-III A/B, duly complete in all respects and accompanied with the required completion drawings, forms and affidavits. The occupation certificate shall be issued provided that the documents submitted along with form BRS-III A/B are in order. Violations, if found at any subsequent stage, shall result in cancellation of the occupation certificate issued and the same may be restored only after removal of violations. Further, action against the Architect shall also be taken for furnishing a wrong certificate/affidavit. (2) No person shall occupy or allow any other person to occupy any new building or a part thereof for any purpose whatsoever until such building or part thereof has been certified by the Estate Officer as having been completed and an occupation certificate has been issued in his favour in form BRS-VI. (3) Provisional occupation certificate (in case of residential plots) pending the issue of final certificate may be issued for a period not exceeding six months in case where one habitable room, a kitchen and a toilet forming a part of the submitted plan is completed. However, a minimum of 25% of the ground coverage shall have to be constructed. (4) Construction of works as laid down in regulation 81A shall be the part of the occupation certificate. Unless such works are completed as per drawings submitted, no occupation certificate shall be issued. ### 11O. General. (1) A system of arbitration may be devised for interpretation of bye-laws, whenever difference of opinion occurs. However, the final decision shall be taken by the Authority in all disputes and its decision shall be binding on the owner/Architect. (2) At any stage during construction, if an Architect notices that violations(except compoundable ones) are taking place, he shall intimate the Estate Officer of such violations and stop further supervision. He shall also intimate the allottee about the violations and advise him to stop further construction. Complete details along with photographs may be submitted to the Estate officer. The Authority may immediately issue a notice to the owner on the basis of the Architects certificate to suspend further work and rectify violations. In such cases the owner shall be held responsible for further additions in violations. Such a situation shall automatically annul the process of self certification and the owner may, after removal of violations engage an Architect for preparing the revised drawings. In such cases completion shall be given only after scrutiny of revised drawings and inspection of site . (3) Sanctionable changes may be allowed to be done provided that at the completion stage all changes are incorporated by the Architect in the completion drawings to be submitted by the owner to the Authority. While seeking occupation certificate, the Architect shall give a certificate that all changes done are sanctionable and permissible as per bye laws. (4) If the supervising Architect / owner fails to submit the progress certificate at damp proof course level, both shall be held responsible. While action shall be initiated against the Architect to cancel his empanelment with Haryana Urban Development Authority and refer his case to Council of Architecture for cancellation of his registration, the owner shall be liable to remove all violations and in addition, penalty for non submission of damp proof course certificate shall be levied. (5) After submitting of application or during the construction of building if the owner/ registered Architect/registered structural Engineer/licensed plumber is changed, he shall intimate the competent Authority by registered letter that he is no longer responsible for the project from the date of actual dispatch of the letter. The information must be sent within seven days of occurrence of the change to the Estate Officer by the respective owner/ Architect/Engineer/ plumber.The construction work shall have to be suspended until the new owner/ registered Architect/registered structural Engineer/licensed plumber, as case may be, undertakes the full responsibility' of the project vide forms and documents submitted at the time of applying for erection/re-erection of the building within seven days of his taking over. Owners intimation regarding change of name of professionals shall be considered to be final by the Authority. (6) If the owner or registered Architect/ Structural Engineer/ licensed plumber, as the case may be, submits a wrong report while making application under regulation 11-B or regulation 11-G or, if any, additional construction or violation is reported to exist at site or concealment of any fact comes to notice or if the Architect/owner falsely justifies or mis-states regarding completion , he shall be jointly and severally held responsible for such omission/ commission and his registration/ license to work in Authority may be suspended or cancelled or any other penalty may be imposed as may be decided by the committee constituted under the Chairmanship of the Chief Administrator after giving an opportunity of being heard. ### 11P. Areas where self- certification procedure is applicable. - The self certification procedure shall be applicable in the following areas , namely : (1) Areas in hyper potential zone. - (a) Controlled areas declared under clause (a) of sub section (1) of section 4 of the Punjab Schedule Roads and Controlled Areas Restriction oi Unregulated Development Act, 1963(Act, 41 of 1963 ) around municipal town Gurgaon. (2) Areas in high potential zone. - (a) All the controlled areas in Gurgaon district notified under the provisions of clause (b) of sub section (1) of section 4 of the Punjab Schedule Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (Act 41 of 1963 ), including controlled areas declared around Sohna town; (b) controlled areas around Faridabad-Ballabhgarh complex; (c) controlled areas of Sonepat -Kundli multifunctional urban complex, Panipat; (d) periphery controlled area of Panchkula. (3) Areas in medium potential zone. (a) controlled areas of Karnal, Kurukshetra, Ambala City, Ambala Cantt., Yamuna nagar- Jagadhari, Bahadurgarh, Hisar, Rohtak, Rewari -Bawal-Dharuhera complex, Gannaur, Oil Refinery Panipat ( Beholi); (b) controllead areas declared under clause (b) of sub section (1) of section 4 of the Punjab Schedule Roads and Controlled Areas Restriction of Unregulated Development Act, 1963(Act 41 of 1963 ) in Faridabad district and also including around towns Palwal and Hodel. Note: "Controlled areas" shall mean areas declared as controlled areas under section 4 of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963(Act 41 of 1963 ).] Part III ---------- Siting, Planning and Architectural Control ### 12. Use of site type and character of building. (1) Type and character of building including ancillary buildings that may be erected or re-erected on a site and the purpose for which these may be used shall not be other than that shown in the approved zoning plan. (2) Every building that may be erected or re-erected on a site shall, in addition to the foregoing restrictions, comply with the restriction shown on the zoning plan. The Architectural/Frame Control Sheets, wherever applicable, shall have precedence over the zoning plan or the building Regulations. (3) Except as otherwise expressly provided at time of sale, not more than one building unit shall be erected on any one floor of a building on a site. Note. - "Bulding unit" means a self contained building with such out buildings as are ordinarily ancillary to the main building used in connection therewith and physically incapable of sub-division into two or more independent building units. A building unit may, however, be owned by an individual or be jointly and severally owned : Provided it remains in a single indivisible ownership. ### 13. [ Proportion of the site which may be covered with buildings. [No. 13(a) (i)(b) substituted by Haryana Government Gazette dated 6.3.1987 published on 10.3.1987.] (a) The proportion upto which a site may be covered with buildings including ancillary building shall be in accordance with the following slabs, remaining portion of the site shall be left open in the form of an open space around the building or a courtyard. (i) Residential (a) Permissible Maximum Coverage \| \| \| \| \| --- \| --- \| --- \| \| Area of site \| Maximum permissible coverage on, ground (including ancillary and residential zone) \| Maximum permissible coverage on the Ist floor \| \| (a) \| for the first 225 sq. Mtrs. of the total area of the site. \| 60% of the such portion of the site. \| 55% \| \| (b) \| for the next 225 sq. Mtrs. i.e. portion of the area between 225 and 450 sq. Mtrs. \| 40% of such portion of the site. \| 35% \| \| (c) \| for the remaining portion of the site i.e. for the portion of the area exceeding 450 Sq. Metres. \| 35% of such portion of the site. \| 25% \| (b) Permissible FAR and Maximum Height : [The maximum permissible FAR and maximum permissible height on a plot of the size mentioned in column 1 of the table given below shall be as shown in columns 2 and 3 respectively] :- \| \| \| \| \| --- \| --- \| --- \| \| Site/Category of plot \| Maximum permissible Floor Area Ratio (in percentage) \| Maximum permissible height (in metres) \| \| 1 \| 2 \| 3 \| \| 6 Marla \| 145 \| 12 \| \| 10 Marla \| 145 \| 12 \| \| 14 Marla \| 130 \| 12 \| \| 1 Kanal \| 120 \| 12 \| \| 2 Kanal \| 100 \| 12." \| Provided that the Building shall conform to the restriction contained in the zoning plans of the respective area or sector : Provided further that in the case of houses already constructed or which are under construction before the issue of this notification the benefit of additional covered area, i.e. the difference between the agreegate permissible coverage on all floors as now stipulated and that already provided in the rules may be allowed on any floor subject to the restrictions as provided in the zoning plan and other provisions as stipulated above : Provided further that not more than four dwelling units shall be permitted on one plot and the maximum No. of dwelling units on each floor i.e. ground/first floor shall not exceed two dwelling units : Provided that in cases of sites measuring 100 Sq. Mtrs. or less under any scheme relating to houses for "economically weaker sections" framed by the Government, Housing Board, Improvement Trust or any local authority, the Authority may relax the above conditions up to a maximum of 66 per cent ground coverage with F.A.R. of 1.65. A basement, not exceeding the maximum coverage on the ground floor and intended to be used only in parking, servicing and storage may be allowed if it satisfies the Public Health and structural requirements.] [Provided that the maximum height of main building portion as well as in the ancillary portion in residential plots shall be 12.0 metres excluding the height of parapet. However, no change in the height shall be allowed on the plots which are governed by frame control. Also, in those residential plots in which the ancillary portion is up to the rear boundary wall, the height of portion beyond main building zone shall be 5.0 metres only : Provided further that the maximum plinth height allowed in residential plots shall be 1.2 metres. Construction of plinth above 1.2 metres shall not be compounded. In case of residential plots, governed by frame controls, the maximum plinth level shall be 0.45 metre or as kept in that row of plots by the Estate Officer with reference to slope of road. Ventilator/light for basement can be kept by sunken courts in front/rear set backs subject to public health approval by the Estate Officer prior to construction.] [Added by Haryana Notification No. No. Auth-2008/42045. Dated 11/12th December, 2008.] (ii) [ Industrial [Substituted by Haryana Government Notification No. Auth-2000/7661 dated 3.2.2000.] \| \| \| \| \| --- \| --- \| --- \| \| Maximum permissible coverage on ground \| Maximum permissible floor area ratio \| Maximum height of the industrial building \| \| 60 per cent of area of the site \| 125 per cent \| 21 meters \| Out of the above permissible covered area upto 10 per cent of permitted coverage may be used for ancillary and residential quarters for essential watch and ward staff: Provided further that a basement, not exceeding the maximum permissible coverage on the ground floor (excluding the area under public corridors) and intended to be used only for parking, servicing and storage may be allowed if it satisfies the public health and structural requirements. In case of buildings where the construction has already taken place, the benefit of additional Floor Area Ratio would be allowed on any floor subject to the restrictions as provided in the zoning plan and upon the fulfillment of the conditions to be laid down by the Authority.] [(ii-a) Information Technology Industry [Inserted by Haryana Government Notification No. Auth-2000/18371 dated 26.7.2001, published vide Haryana Gazettee Part I dated 7.8.2001 at Page 392.] \| \| \| \| \| --- \| --- \| --- \| \| Maximum coverage on ground (Percentage of site area) \| Maximum permissible floor area ratio (Percentage) \| Maximum height of the building (In metres) \| \| 40% for new units and 60% for existing industry converting into INFORMATION TECHNOLOGY units. \| 250 \| 30 \| Note :- Twin level basement shall be allowed only for parking under the zoned area.] (iii) Commercial In the case of sites for shop-cum-residential purposes or for shopping booths, the coverage on each floor shall be in accordance with the architectural control Sheets: Provided that a basement, not exceeding the maximum permissible coverage on the ground floor (excluding the area under public corridors) and intended to be used only for parking, servicing and storage may be allowed if it satisfies the public health and structural requirements. (iv) [ Institutions and other Public Buildings [Added by Haryana Government Gazette Part III dated 18.5.1982 at Page 158] (a) Coverage. - The maximum permissible coverage (including covered parking) on a plot of the size mentioned in column 1 below shall be as shown in column 2 below : \| \| \| \| \| --- \| --- \| --- \| \| Area of plot \| Maximum permissible coverage on ground floor \| Maximum permissible F.A.R. \| \| Upto 10,000 Sq. Metres \| 33% of the area of the plot \| 100% \| \| Above 10,000 Sq. Metres. \| 25% of the such additional area of the plot] \| 100% \| [Provided that in case of hospital sites, maximum permissible FAR (Floor Area Ratio) shall be 150%.] (b) Set backs. - Every institutional building shall be constructed with set backs as provided in the zoning plan prepared for the site. : Provided that a basement not exceeding the maximum permissible coverage on the ground floor (excluding the area under public corridors) and intended to be used only for parking, servicing and storage may be allowed if it satisfies the public health and structural requirements. Explanation. 1 - The following portion shall not be considered as covered area : namely :- (i) [ Sunshade, chhajja, architrave cantilevered from the face of any wall upto 1.8 metres beyond the wall and at a height not lower than 2.3 metres.] [Substituted by Haryana Government Gazette Part III dated 2.1.1991 at page 14.] (ii) A paragola constructed purely for Architectural effects. (iii) [ Cantilevered balcony projecting not more than 1.8 metres beyond the face of wall on the front and rear of the main residential zone and not more than 1 metre on the front and rear of the ancillary residential zone or along the side of the main residential zone at the roof level.] [Substituted by Haryana Government Gazette Part III dated 2.1.1991 at page 14.] (iv) [ Canopy over an entrance] [Item No. (iii) & (iv) of Explanation were added by Notification dated 31.4.1979.] [Provided that the sun-shade, chjajja, architrave, cantilevered balcony does not encroach on a public street or on open space and is constructed within the plot of the owner and is in accordance with other provisions of the zoning plan applicable to the site] [Added by Haryana Government Gazette Part III dated 2.1.1991 at Page 14.] Explanation 2. - A vertical shaft open to sky of a minimum size 1.25 M x 1.50 M may be provided for ventilation to toilets, baths and W.Cs. only, but it will be counted towards covered area. ### 14. Architectural Control. - In the case of building sites where architectural control is considered necessary by the Chief Administrator, he shall cause to be prepared architectural control sheets for this purpose, showing the extent of architectural control on the various units of the building or on a portion of such buildings, in the following respects : (i) Compulsory elevations for a particular building or a row of buildings. (ii) Compulsory height on the front or any side exposed to view from a street upon which a building shall have to be erected and completed within a certain period. (iii) Compulsory height of floors. (iv) Compulsory height and design of cornices, sills and top of windows in the first and subsequent storeys. (v) Compulsory building line along which the building shall have to be erected and completed with a certain period. (vi) Compulsory type designs of balconies. (vii) Compulsory use of materials, texture and colour. ### 15. Height of Mezzanine Storey and internal balconies. (1) A Mezzanine floor or internal balcony shall not be permitted unless the height of the room is at least 5.2 metres and such mezzanine floor or balconies do not cover more than one third of the room area. (2) The height of such mazzanine floor or internal balcony shall not be less than 2.3 metres and it shall not be lower than 2.3 metres above the floor level. ### 16. Minimum provision with regard to residential buildings. - No building for residential use shall be constructed or allowed to be used till every dwelling unit, besides a living room or rooms provides for a kitchen and toilet facilities. ### 17. Minimum area of courtyard for purposes of ventilation. - The minimum superficial area of every enclosed courtyard of a residential building upon which habitable rooms abut shall be one fourth of the aggregate floor area of the rooms and verandah on the ground floor abutting on the courtyard : Provided that such courtyard shall not be less than 12.0 sq. metres in area and the minimum width of every such courtyard in any direction shall not be less than 3.00 metres. In determining the said aggregate, floor area of the rooms and verandah abutting on the courtyard :- (a) Only one half of the floor area of such rooms and verandahs as abut on another courtyard or an open space or road not less than 4-5 metres in width shall be taken in account; (b) any room which is separated only by an open verandah from courtyard shall for the purpose of this rule, be deemed to abut on such courtyard; (c) the area of the courtyard for the purposes of this rule shall be the area open to sky, clear of all projections. ### 18. Minimum size and requirement of ventilation regarding a habitable room. - Every habitable room including a shop : (i) shall be of a height of at least 2.75 metres in every part from floor to ceiling; (ii) [ shall have a clear floor area of not less than 9.5 sq. metres with one side not less than 2.4 mtrs. in case of single room dwelling unit except that one of the room may have a clear floor area of not less than 7.5 sq. mtrs. with one side not less than 2.4 mtrs. in case of dwelling units having more than one room. [Substituted by Haryana Government Notification No. ADA(R) -92 dated 20.4.1992.] [Provided that in case of Group Housing Scheme the dwelling unit having more than one room may have one of the rooms with a clear floor area not less than 7.5 sq. mtr. with one side not less than 2.4 mtrs.] Note : - For the purpose of this regulation a kitchen shall be deemed to be a habitable room and all the aforementioned requirements regarding ventilation shall apply to it except that the minimum area of the kitchen shall not be less than 4.5 sq. mtrs. with a minimum width of 1.8 mtrs.] [Provided that in case of Group Housing Scheme the minimum area of the kitchen shall not be less than 4.5 sq. mtrs. with a minimum width of 1.8 mtrs.] [Added by Notification Haryana Government Gazette No. ADA(R) -92 dated 20.4.1992.] ### 19. Bath room and water closet. (a) The size of the bath room shall not be less than 1.5 metre x 1.2 metres or if it is a combined bath and water closet its floor area shall not be less than 3.0 square metres with a minimum width of 1.2 metres. (b) The minimum floor area of a water closet shall be 1.1 square metres, its smallest side being 0.85 metres. It shall be provided with permanent ventilation of minimum of 0.2 square metre, in addition to the door and a window opening directly to the outside air of not less than one fourth of the floor area. ### 20. Height of boundary wall and fence and type of gate. - The height and design of the boundary wall or fence and gate shall be in accordance with the provisions of the zoning Plan and shall conform to the pattern laid down for such a plot on the zoning plan : Provided that where no zoning plan has been prepared, the height and design of the boundary wall or fence and gate shall be as specified by the Chief Administrator. [Provided further that over the front boundary wall of residential plots of Authority, above the permitted height of 3 feet 11 inches, railing/grille with poly carbonate/fibre glass sheet covering of 2 feet 6 inches height shall be permitted. In case of rear boundary wall, beyond already permitted height of 6 feet (1.8 metres), railing/grilles of 2 feet 6 inches height with polycarbonate/fibre glass sheet covering shall be permitted : [Added by Haryana Notification No. No. Auth-2008/42045. Dated 11/12th December, 2008.] Provided further that the maximum width of gate shall be 3.50 metres : Provided further that temporary porches of polycarbonate sheets/fibre glass roof coverings on mild steel frames, shall be allowed in residential plots with the condition that these shall be open on sides in the driveway area within the plot. However, un-aesthetical structures with permanent material/tin/asbestos roofing shall not be allowed : Provided further that bay windows in plots of 10 marla and above sizes of plots shall be allowed with the condition that such windows shall be kept free from any construction till at least 2 feet above plinth level. The maximum projection allowed in such windows shall be 2 feet 6 inches.] Part IV --------- Structural Materials and Control ### 21. [ Materials. [Substituted by Haryana Government Gazette Part III dated 3.9.2003 published on 9.9.2003 at Page 126.] - All materials to be used for erection or re-erection of a building shall conform to the specifications and standards, laid down in the National Building Code and relevant I.S. codes or as may be laid down by the Authority from time to time.] ### 22. [ Site. [Substituted by Haryana Government Gazette Part III dated 3.9.2003 published on 9.9.2003 at Page 126.] - No person shall erect or re- erect any building on any ground which has been filled in with offal or offensive vegetable or animal matter, or upon which any such matter is deposited unless and until the safety of the structure, including foundation, has been duly certified by the Structural Engineer.] ### 23. Foundations. - [The foundations of every building shall be designed and constructed as per the requirements of National Building Code and relevant I.S. codes including for buildings resistant to earthquake and other natural hazards and also keeping in view the safe bearing capacity of the soil and other local conditions, in the area where the building is to be erected or re-erected] [Substituted by Haryana Government Gazette Part III dated 3.9.2003 published on 9.9.2003 at Page 126.] \| \| \| \| \| --- \| --- \| --- \| \| \| Safe allowable pressure in M. Ton/Sq. Metre \| At and beyond depths of \| \| Soft wet pasty or muddy \| 5 M.T. \| 2.5 Metres \| \| Clay \| 4 M.T. \| 1.5 Metres \| \| Alluvial earth \| 5 \| 1.5 \| \| Artificial filling \| 3 \| .5 \| \| Loams (loose) \| 8 \| .5 \| \| Loams (compact) \| 11 \| .5 \| \| Sandy loam \| 16 \| .75 \| \| \| 16 \| 1 \| \| \| 8 \| .5 \| \| Clay loose \| 11 \| .75 \| \| \| 8 \| 1 \| [The above table provides only the guidelines for Architect/Structural Engineer, however, the provision of National Building Code and I.S. Code shall be followed for all structural designs] [Substituted by Haryana Government Gazette Part III dated 3.9.2003 published on 9.9.2003 at Page 126.] . (2) The loads shall not cause such settlements of the building or any part of the building as may impair its stability. (3) For buildings more than 3 storey high, foundations shall be designed after making standard tests or establishing the safe bearing pressure of the soil and the foundations shall be taken down to such a depth or so constructed as to render the building immune from damage from upheaval and movements due to seasonal variations in the content of the moisture in the ground. ### 24. Damp proof course. - (1) Every wall of a public building or domestic building (including a pier forming a part of the wall or a compound wall) shall be provided with a damp proof course except when built of material such as cement concrete with or without the addition of any commercial damp proofing material. [(2) Materials specified as damp proof course shall be indicated in the Haryana Public Works Department Specifications 1990 edition or as provided in the National Building Code.] [Substituted by Haryana Government Gazette Part III dated 3.9.2003 published on 9.9.2003 at Page 126.] (3) In external walls, the horizontal damp proof course shall be laid immediately above the plinth protection and a vertical damp proof course shall be provided on the entering face of the wall extending between the level of the horizontal damp proof course and the level of the upper surface of the concrete in the finished floor. (4) In an internal wall, the horizontal damp proof course shall be laid in level with the upper surface of the concrete in the finished floor. The continuity of damp proof course between the internal and the external wall shall be secured by the insertion of [proper damp proof materials.] ### 25. [ Loads. [Substituted by Haryana Government Gazette Part III dated 3.9.2003 published on 9.9.2003 at Page 126.] - In addition to the dead load, the building shall be designed for live loads including wind pressure and seismic load as per I.S. 800, the National Building Code and other relevant I.S. Codes for structures resistant to earthquakes and other natural hazards with their latest amendments.] ### 26. Floors. - All floors of every building including floor of kitchen, bathrooms, latrines, urinals shall be damp and rot proof and shall be constructed of materials so treated as to protect it from white ants, dry rot, wet rot, as per [Haryana Public Works Deptt. Specifications 1990 edition or as laid down in the National Building Code.] [Substituted by Haryana Government Gazette Part III dated 3.9.2003 published on 9.9.2003 at Page 126.] ### 27. Walls. (1) No wall shall be constructed of easily inflammable materials, for the purpose of this Regulation, easily inflammable material will not include teak, sal shisham and deodar, kail wood or other wood as per I.S.I. specifications for such work. (2) No masonry wall other than party wall shall be built in clay mortar to a greater height than one storey and walls shall be plastered or painted, so as to render it impermeable and damp proof. The minimum thickness of such a wall shall in no case be less than 20 centimeter. [No drainage sanitary (including water supply) pipes shall be allowed in the common walls. Niches also shall not be permissible in the common walls.] [Added by Haryana Government Gazette Part III dated 3.9.2003 published on 9.9.2003 at Page 126.] ### 28. Thickness of walls. - Where walls of buildings are constructed of bricks, stones, blocks, or of other hard and incombustible material laid in horizontal beds of courses, every wall or a part of wall shall be designed and constructed as to be capable of safety sustaining and transmitting the dead loading, the superimposed loading and the horizontal and inclined forces including wind pressure and seismic loads to which it may be subjected to (calculated in accordance with the National Building Code and relevant I.S. codes) without undue settlement or deflection and exceeding the permissible pressure/stress on the materials prescribed by the National Building Code and relevant I.S. codes. ### [29. Slenderness ratio. - Slenderness ratio must not exceed the limits prescribed by the National Building Code and relevant I.S. codes]. ### 30. Hallow bricks and black walls. - Where any wall or any part of a wall is constructed as a hollow wall : (1) The cavity between the inner and outer parts of the wall shall throughout be of a width not exceeding 10 centimetre (Cm.) (2) The inner and outer parts of the walls shall be securely tied together with suitable bounding ties of adequate strength of valcanized iron tarred and sands stone ware, copper, bronze or other suitable material the ties being placed at distances apart not exceeding 1 metre horizontally and 0.5 metre vertically. (3) The inner and the outer parts of the wall shall each be not less than 10 cm. thick throughout except that in a wall not exceeding 6 metres length and 6 metres in height, the thickness of each part may not be less than 10 cm. throughout if all courses of less height than 15 cm. are put together with cement mortar or the wall has atleast twice the number of ties required by the preceding clause. (4) The cavity may be reckoned as part of the thickness prescribed for walls by these rules where such thickness does not exceed 20 cm. but shall not be so reckoned where such thickness exceeds 20 centimetres. All external cavity walls shall be ventilated. ### 31. Roofs. (1) Every roof shall be weather proof and fire resistant and in no case shall be built of mat, sirki, cloth, grass or thatch or any other easily inflammable materials and it shall be structurally safe against dead and [live loads, seismic loads and wind pressure as per National Building Code and relevant I.S. Codes.] [Substituted by Haryana Government Gazette Part III dated 3.9.2003 published on 9.9.2003 at Page 126.] (2) [xxxx] [Omitted by Haryana Government Gazette Part III dated 3.9.2003 published on 9.9.2003 at Page 126.] Staircases ### 32. Stair cases in residential buildings. - Every building of more than one storey height intended to be used as a single family or two family residential building shall be provided with at least one stair cases having minimum width of 0.8 metre constructed of fire resisting materials throughout. [Provided that service stair in addition to main stair case shall be allowed. However, in case a spiral stair case is to be used as main stair case the width of tread shall not be less than 9 inches on any portion. In case, spiral stair case is to be used as a service stair case, the width of stair way shall not be less than 0.84 metres (2 feet 9 inches) : Provided further that lifts shall be permitted in residential plots. The height of lift room shall be exempted from the total height of the building, as per the provisions of National Building Code.] [Added by Haryana Notification No. No. Auth-2008/42045. Dated 11/12th December, 2008.] ### 33. Residential buildings with multiple dwelling units other than the above commercial public and industrial buildings. - (i) Every building intended to be used as a multiple residential building or a commercial or public or industrial building shall be provided with at least one stair case extending from ground floor level to the highest floor having minimum clear width in accordance with the following table:- \| \| \| \| --- \| --- \| \| Number of user upto 100 \| 1.2 metres \| Increase 0.025 metre for every additional 15 persons until a maximum of 2.75 metre is reached. (ii) Single stair case of the width mentioned above may be replaced by two stair cases each of a width at least equal to two third the width prescribed for a single stair case provided neither of the two substituted stair cases shall be less than 1.2 metre in width. Stair case so provided shall be built in fire resisting materials. Explanation. - For the purpose of this rule each 5 sq. metre of floor space in the case of non-residential building and 10 sq. metre of floor space in the case of residential building shall be deemed to be occupied by one person. (iii) [ In case of residential buildings, the area of mamti up to eleven sq. mts. may be excluded from Floor Area Ratio' However, to any, allottee constructs a mamti bigger than eleven sq. mts., then in that case, the excess area of mamti (beyond eleven sq. mts.) shall be counted in total Floor Area Ratio. The area under stairsfrom second floor to the top roof shall continue to be counted in Floor Area Ratia. Also, the mamti if constructed at the first or second floor level shall continue to be counted in Floor Area Ratio.] [Inserted by Haryana Notification No. No. AUTH./2012/15505 dated 25.4.2012.] ### 34. Minimum dimension of steps. (a) No stair in a residential building shall have a rise of more than 0.20 metre and a tread of less than 0.25 metres. (b) No stair in a commercial, public or industrial building shall have a rise of more than 0.18 and a tread of less than 0.27 metres. (c) Notwithstanding anything contained in sub-rules (a) and (b) above, stair cases in private portions of public buildings or warehouses and industrial building not open to the general public may be of the sizes and materials mentioned in rule 34. ### 35. Materials. - All stair cases and walls enclosing the stair cases in public building and warehouses and industrial building shall be of fireproof materials. ### 36. Uniformity in treads and riser in stair cases. - Treads and set of each flight of a staircase or of several flights in the same staircase in a public building or a warehouse and industrial or a residential building shall be of uniform width and height. ### 37. Location of staircases. - No part of the second or of any higher storey of any building shall be more than 30 metres from some staircase of ramp leading to the ground floor. ### 38. Ventilation of staircases. - Every staircase shall be adequately ventilated and lit to the satisfaction of the Estate Officer. ### 39. Headroom in staircase. - The minimum clear head room in any staircase shall be 2.10 metres measured from the top of the riser to the most dependent portion of the ceiling above. ### 40. Provision of hand rails. - (i) In every staircase atlesst one hand rail shall be provided. (ii) Where steps are provided from the ground to the building, hand rail may not be provided if the steps do not go above 1.5 metre height and are not less than 1 metre in width. Lobbies, Corridors, Passages and Balconies ### 41. Lobbies, Corridors, Passages and Balconies. - The minimum width of any lobby, corridor, passage or balcony in a residential building shall be atleast 0.9 metre and shall be of fire resisting materials and shall be carried on support of the fire resisting materials. ### 42. Residential buildings with multiple dwelling and commercial, public and industrial building. - The minimum width of any lobby, corridor, passage or a balcony in these buildings shall be as given below : \| \| \| \| --- \| --- \| \| (a) No. of users from 1 to 20 \| 0.9 metre. \| \| (b) No. of users from 20 to 100 \| 1.2 metre. \| Increase 0.025 metre for every additional 15 persons until a maximum of 2.75 metre is reached. Walls and roof shall be of fire resisting materials and shall be carried on support of fire resisting materials. Chimneys and Flues ### 43. Application. - Regulations in this section shall not apply to the erection or re-erection of chimney shaft, for the furnaces in commercial or industrial buildings, the design of which shall be specially approved by the Estate Officer but they shall apply to the erection or re-erection of chimney shafts for open fires and small domestic boilers. Explanation. - Small domestic boilers shall mean boilers which do not require flues exceeding 500 sq. cms. in area. ### 44. Materials. - Every chimney shall be constructed of burnt bricks, concrete bricks or bricks or of any other good hard and incombustible material properly and solidly put together. ### 45. Design and construction. - Every chimney which is built against or forms a part of wall and extends to or below the surface of the ground shall be built on solid foundations which shall comply with the requirement of the rules relating to the foundations of structural walls. It shall have a damp proof course at the top and if the wall with which it is built requires to be provided with a damp proof course at the bottom the chimney shall be provided with the same. Also it shall be properly bonded or otherwise securely tied with the wall which is built. ### 46. Floor beneath fire place. - Floors beneath and around every fire place shall be of concrete or similar fire proof materials and shall project suitably. ### 47. Jambs and backs of fire place. - The jambs of a fire place opening shall be of adequate width and the back of the chimney opening in a party wall shall be 20 cm. thick upto 30 cm. above the top of the opening. Where the flues in a party wall are not back to back the required 20 cm. of solid wall at back of the fireplace shall be carried upto the floor of the room above. In an external or internal wall the back of the opening and all side of the flues shall be atleast 10 cm. thick. ### 48. Flue size. - Every fire place shall have a flue giving a brick opening of not less than 20 cm. x 20 cm. or not less than 75 sq. cms. if a pipe is used. ### 49. Treatment of inside of chimney flues. - The inside of every chimneys flue shall be properly rendered or paragetted as such flue is carried upward unless the whole flue is built with fire brick or fire proof hoping of fire clay of atleast 2 cm. in thickness in which case the spandral angles shall be filled in solid with brick work or other incombustible materials. ### 50. Wood work in chimneys. - In any wall no timber shall be placed nearer than 20 cm. to the inside of any flues or chimney opening except that wooden plugs in any wall or chimney breast can be driven nearer than 15 cm. to the inside of any flue or chimney opening. Under any chimney opening no timber shall be within 40 cm. from the proper surface of the hearth. ### 51. Chimney stacks. (a) Chimney stacks or smoke flues shall be carried upto a height not less than 1 metre and not more than six times the least width of the chimney above the adjoining roof and shall be built at least 10 cm. thick. The maximum height for any stack may be exceeded if it is adequately secured against overturning. (b) Height of chimney stack may be reduced to 45 cm. when the roof is made upto fire resisting materials. The top six courses of all stack shall be built in cement mortar. ### 52. Pipes for conveying smoke. - No pipe for the purpose of conveying smoke or other products of combustion shall be allowed to project through the wall externally. Elsewhere such pipes may be mild steel 4 mm. thick or of cast iron complying with the Indian Standard Specification for pipes or of sheet metal for domestic cooking ranges only and shall be fixed at a distance of at least 20 cm. from any combustible. Drainage and Sanitary Installations General ### 53. Notice of or carrying out drainage work and application for permission. (1) No person shall carry out any water-borne sanitary and drainage installations or carry out any works connected therewith within any building or site without the previous permission of the Estate Officer. (2) Every person who intends to carry out these works shall apply for permission as laid down in regulation 39. ### 54. Work to be executed under the supervision of plumber. - Execution of all works for the laying out of any drainage system or for the carrying out of water borne sanitary installations shall be done through a licensed plumber, duly registered with the Authority and holding any of the qualifications laid down in Schedule 1 to these Regulations. Basic Requirements for Water Borne Sanitary Installation ### 55. Adequacy of water Supply for the installation of Water borne sanitary installation. - Before undertaking the installation of water-borne sanitary system in any building to the premises shall be ensured to the satisfaction of the Estate Officer. ### 56. Sanitary fitting and execution of works to conform to P.W.D. specifications. - All sanitary fittings, drainage pipes including soil and waste pipes and other articles used in the execution of these works shall be as per standards and specifications laid down for such articles in the Punjab Public Department Specifications 1963 edition as adapted by Haryana Government or as laid down by the Authority from time to time and if there are no standards or specifications laid down for any article in the Punjab Public Works Department specifications, then the article shall be as per standard specifications laid down by the Indian Standard Institute and if there is no specification or standard laid down by the Indian Standard Institute, then the articles shall be as per British Standards. ### 57. All drainage system to be air smoke and water tight. - All drainage system including joints shall be air smoke and water tight and shall be capable of resisting a pressure of at least 1.5 metre head of water. ### 58. No work of foul and waste water drainage to be kept separate. - The net work of foul water drainage and the net work of waste water drainage shall be designed according to requirements of National Building Code. ### 59. Junctions. - Every drain including a pipe draining into any other drain or pipe sewer shall join the latter obliquely in the direction of the flow of the latter. Sanitary Fittings ### 60. Minimum sanitary facilities in various types of buildings. - (i) Dwelling with individual conveniences shall be at least the following fitments :- (a) One bath room provided with tap; (b) One water closet; and (c) one nahani or sink either in the floor or raised from the floor. Where only one water closet is provided in a dwelling the bath and water closet shall be separately provided (ii) the requirements for fitments for drainage and sanitation in the case of buildings other than residences such as office buildings, factories, cinemas, concert Hall, theaters, hospitals, hotels, restaurants, schools and hostels be in accordance with National Building Code issued by the Indian Standard Institution, New Delhi with such modifications as may be made by the said institutions from time to time. ### 61. Water closet. (1) Every water closet plan shall have an efficient siphon trap with a minimum water seal of 75 mm beneath so that sufficient water seal, between the pan and any drain or soil pipe is maintained. (2) No part of the water closet apparatus shall be directly connected with water supply distributing pipe for flushing and cleaning of the pan, a special close cistern with suitable ball cock and not less than 12 liters capacity shall be provided. (3) The capacity of every reserve tank shall be at the scale of 70 liters not for one water closet connected to the tank and 280 liters for each additional seat in the same premises. (4) No self-acting or automatic flushing apparatus be constructed or fixed except with prior permission of the Estate Officer. (5) Where the water closet discharges into a soil pipe which also receives discharge from another water closet, the trap of the water closet shall be ventilated by a pipe which shall : (a) have an internal diameter of not less than 50 cm. (b) be connected with the arm of the soil pipe at point not less than 7.5 cm and not more than 30 cm from the highest part of the trap, on that side of the water seal which is nearer to the soil pipe and in the direction of the flow; and (c) either have an open and as high as the top of soil pipe at or be carried into a soil pipe at a point not less than 2.0 metre above the highest connection to the soil pipe. ### 62. Urinals. - A urinal connected with a building which has a supply of water, laid on, shall comply with the following requirements : (i) the urinals shall be provided with a basin, stall through or other suitable receptacle or receptacles of non-absorbent material; (ii) the outlet from the receptacle or receptacles shall be provided with an efficient granting; (iii) the urinal shall be provided with suitable apparatus for effectively flushing and cleaning the receptacles provided; (iv) no part of the urinal apparatus, other than the flushing apparatus, shall be directly connected with a supply or distributing pipe; (v) if the urinal can be entered from within the building and is constructed to discharge into a waste pipe, which also receives the discharge from another urinal or from a water closet, bath sink, bidet or lavatory basin, the trap of the urinal shall be ventilated by pipe which shall - (a) be of an internal diameter not less than that of the trap or 50 mm whichever is less; (b) be connected with the waste pipe from the urinal at a point not less than 7.5 cm. and not more than 30 cm from the highest part of the trap, on that side of the water seal which is nearer to the waste pipe; and (c) either have an opened end as high as the top of the waste pipe or be carried into a waste pipe at a point not less than 1.0 metre above the highest connection to the waste pipe. Laying out of Drain and Installation of Drain pipes. ### 63. Lying of drains. (1) Every drain shall - (a) be of a suitable size, and if it is intended for the conveyance of foul water shall have an internal diameter of not less than 100 mm. (b) be laid with a suitable fall and where practicable in a direct line. The standard gradient shall be 1 in 40 for a 100 mm drain and 1 in 80 for 150 mm drain. The maximum and minimum gradients shall respectively be 1 in 20 and 1 in 80 for a 100 mm drain and 1 in 40 and 1 in 140 respectively for a 150 mm drain. (2) (a) A drain shall not be constructed so as to be within or under any building, except in a case where any other situation is impracticable. (b) Where any such drain or part thereof is constructed within or under a building, such drain or such part thereof shall be laid or fixed in a direct line, where practicable and be provided with adequate means of access. (3) Where any such drain is laid under a wall, it shall be protected at that part which is under the wall by means of a relieving arch, flag stone, iron or any other support which shall not bear on the drain and shall be of sufficient size and strength to prevent any disturbances or other injury to such drain. (4) A drain shall not be constructed in such a manner that there shall be within a building any inlet to such drain except such inlet as may be necessary from any sanitary fitting or any sanitary installation connected directly to such drain. (5) Every inlet other than a ventilating pipe to such drain shall be properly trapped by a suitable and efficient trap and such trap shall be formed and fixed so as to be capable of maintaining a water of :- (a) 5 cm where such inlet has an internal diameter of less than 80 mm, (b) 7.5 cm. where such inlet has an internal diameter of more than 870 mm. (6) Every trapped gully shall be covered with a grating the bars of which shall be not more than 10 mm. apart. (7) A suitable and efficient intercepting trap, with a water seal of atleast 10 cm at a point as distant as may be practicable from the building and as near as may be practicable to such a drain before connecting it may be connected with the sewer. Such a trap shall be provided with a raking or cleaning arm, fitted with a secure and suitable stopper as a means of access to the drain between such trap and sewer, and shall be located within a manhole. ### 64. Ventilation of drains. - The drains intended for conveying foul water from a building shall be provided with atleast one ventilating pipe situated as near as practicable to the building and away as far as practicable, from the point at which the drain empties into the sewer or other means of disposal : Provided that a soil pipe from a water closet or water pipe from a slop sink, constructed in accordance with these rules may serve for the ventilating pipe of the drain, if its situation is in accordance with the rules. ### 65. Manholes. - A manhole shall be provided at every point at which the drain changes either its direction or gradient and otherwise at interval, not exceeding 100 meters. A manhole shall be of such a size as to allow access to the drain for rodding and shall be provided with proper cover in flush with ground surface. ### 66. Soil pipes and Ventilating pipes. - A soil pipe or a ventilating pipe shall be:- (i) easily accessible throughout its course and adequately protected where necessary, from damage; (ii) of an internal diameter of not less than 100 mm; (iii) Circular; (iv) carried upwards to such a height and in such a manner so as to prevent any nuisance or injury or danger to health arising from the emission of foul air from such pipe, the minimum height being 60 mm. above the roof; and (v) be fitted at the end with a suitable grating or cover admitting the free passage of air. ### 67. Separation of soil pipes from rain-water pipes. - No soil pipe or ventilating pipe shall be connected with any rain water pipe. ### 68. Provision of trap. - There shall be no traps in any soil or ventilating pipes, nor between any other pipe and drain to which it is connected, but every sanitary fitting connected to a soil pipe, ventilating pipe or drain shall be provided with a trap. ### 69. Waste Water Pipes. - A waste water pipe from a bath, sink (not being a slop sink) bidet or lavatory basin and pipe for carrying of dirty water shall - (i) discharge so as not to cause dampness in wall or foundation of building; (ii) if it discharges into drain it shall be disconnected from the drain by a tapped gully with a suitable grating above the level of the water in the trap; and (iii) if it is more than 1.80 m. in length, be provided with a suitable trap. Note. - If single stack system is used then the above will be suitably modified according to National Building Code. ### 70. Over flow pipe. - An over flow pipe from a water cistern shall discharge in an exposed and conspicuous position so as not to cause dampness on any part of a building. ### 71. Pipes not to be exposed on external walls. - Wherever possible no down pipes, soil pipes and ventilating pipes shall be exposed on any external wall of a building and shall be placed in a recess or chase or a duct. Disposal ### 72. Method of disposal. - Every water borne drainage system shall be connected with the public sewer but in case no public sewer exists in the vicinity of the said premises, the drainage system may as a temporary measure and subject to the previous written approval of the Chief Administrator, be connected to a septic tank from which the effluent shall be drained of :- (a) into absorption; or (b) by sub-soil irrigation drains : Provided that no absorption pit shall be allowed in the case of any premises or area in which domestic supply is taken from sub-soil water : Provided further that if in any future period a public sewer is constructed which can serve the premises the owner shall at his own expense cause the said drainage system to be connected to this sewer. ### 73. Septic tanks. (1) No septic tank shall be located :- (a) at a distance of less than 25 metres from a dwelling house or any other building used for human habitation or for work or recreation or within a public thoroughfare; (b) within 60 metres from any percolation well, water-course or stream used or likely to be used for drinking or domestic purpose or for manufacture or preparation of any article of food or drink for human consumption and it shall be readily accessible so as to permit cleaning operations being carried out without interference with the operation of any water borne sanitary installation as a whole. (2) Every septic tank intended to serve a population of 24 or more persons shall be constructed into two separate compartments so that one compartment when required can be put out of use for cleaning purposes. The capacity of every compartment of the septic tank shall be 2- 1/2 times the total water supply allowance for the total number of residents of the buildings. (3) Every inlet pipe into a septic tank shall be effectively trapped. ### 74. Absorption pits. (1) In the matter of location, every absorption pit shall conform to same restrictions as are laid down for a septic tank in Rule 75. (2) No absorption pit shall have any outlet into a means of communication with any sewer, storm water drain or surface drain. (3) The walls of every absorption pits shall be atleast 0.5 metre above ground level so as to exclude effectively the entry of storm water or irrigation water into the absorption pit. (4) The absorption pits shall be constructed in duplicate so that one pit can be put out of use for cleaning purposes. The capacity of the absorption pit shall be as approved by the Estate Officer. ### 75. Sub-soil irrigation for disposal of effluent. (1) No sub-soil irrigation work for disposal of effluent from a septic tank shall be laid out within a premises till a suitable area of open land, the situation and extent and sub- soil of which is previously approved by the authorised Officer, is set apart within premises to be used as a farm or a garden. (2) The area set apart shall be one hectare for every 25,000 litres of effluent per day. (3) No part of any area reserved for sub-soil irrigation shall be within a distance of 25 metres from the nearest point of any dwelling house or any other building used for human habitation or for work or for recreation and of any canal or irrigation well. (4) No such works shall be laid out within a distance of 75 metres from any percolation well, tubewell or water course or stream used or likely to be used for drinking or domestic purposes, or for the manufacture or preparation of any articles of food or drink for human consumption. Connection with Public Sewer ### 76. Sanitary installations and drainage to be completed before applying for connection. - No connection to any public sewer shall be made nor any sanitary and drainage installations intended to be connected through this connection, shall be brought into use until a certificate after completion of the minimum works under Regulation 11 has been applied for by the applicant to the Estate Officer and a certificate has been issued by the latter to the effect that the sanitary installations and drainage have been satisfactorily completed in compliance with these rules. If no decision is communicated on the application for a certificate within twenty days of the receipt of the application, the certificate shall be deemed to have been granted. ### 77. Application for connection with Public Sewers. (1) After grant of the certificate referred to in the foregoing rule or in the event of the said certificate having been deemed to have been granted, every person intending to connect a drain to a public sewer shall apply to the Estate Officer at least seven days before the date on which connection is required. (2) This application shall be accompanied by a certificate referred to in Regulation 76 and such amount as may be laid down from time to time by the Estate Officer and calculated on the basis of the current schedule of rates to meet the cost of proposed connection. (3) On receipt of the application and subject to the requirement of the foregoing rules, the Estate Officer shall accept or reject the request. (4) In the event of the required connection having been sanctioned, it shall be made only through Officer authorised by the Authority. ### 78. Sewer connection. (1) Every drain discharging into a public sewer shall join the later oblique in the direction of its flow. (2) If practicable the connection shall be made at an existing Junction in the sewer and if this is not made, there shall be an intercepting manhole before the connection. Storm Water ### 79. Drainage of Roofs. - The roof of every building shall drain into gutters shoots or throughs and shall be carried down through adequate number of down pipes without causing dampness in any part of the wall or foundation of the building or any adjacent building : Provided that in the case of detached or semi-detached building not exceeding one storey in height rain water pipe, khasi or concealed parnallas may be provided for so long as these do not discharge into any public road, footpath or on private land of adjoining owners. ### 80. Size of down pipes. - A down pipe of minimum area of 75 square metres shall be provided for every 50 sq. metres of the flat roof area (slope of road being 1:48) or for every 100 square metre of sloping roof area (slope of roof exceeding 1:48). ### 81. Storm water not to drain. - The run of water from the roof, paved area and over flow if any from the site, shall not be drained into the underground sewerage system. ### 81A. [ Rain Water Harvesting. [Inserted by Haryana Government Notification No. Auth. 2001/29449 dated 31.10.2001 published on 6.11.2001 at Page 668.] - 1. Arrangement of roof top rain water harvesting will have to be made by the plot owner, constructing the building on the plot allotted by Haryana Urban Development Authority where the area of the roof is 100 square meter or more. ### 2. The system of collection, conveyance and dispersion of rain water for harvesting shall be made in such a manner that only clear water is able to enter. No contaminated/waste water from the building or surrounding area should find its way in this system. ### 3. The entry points of the rain water for harvesting shall be designed in such a manner that in normal days, these remain covered. Arrangement of segregation of the rain water from the first shower (containing wash water) shall also be there. ### 4. The arrangement of quick filtration of rain water also be made in the rain water harvesting well/tubewell so that rain water does not pollute or choke the strata. ### 5. The complete system of rain water harvesting will be constructed within the plot area allotted to the allottee as per allotment letter. ### 6. The recharge well shall be located at a distance of not less than 10 meters away from any structure handling sewage or industrial waste water (such as septic tank or effluent treatment plant etc.). This minimum distance of 10 meter will not be applicable to manholes or sewer lines although it will be ensured that they are leak proof. ### 7. The detail proposal of the system comprising of collections, conveyance and dispersion of rain water from the roof top to rain water harvesting well/tubewell will have to be shown on the building plan submitted for approval to the building plan approval committee. The committee after scrutiny will approve the drawing for implementation at site. ### 8. Any Engineer not below the rank of Executive Engineer, HUDA so authorised by Chief Administrator, Haryana Urban Development Authority/Director Town & Country Planning, Haryana will have the powers to inspect the system whenever considered necessary and direct the owner of the building to affect any changes/improvement as deemed necessary and the owner of the building will ensure compliance. ### 9. Haryana Urban Development Authority shall notify the area where such rain water harvesting system is to be provided. Board guide lines about the approximate depth of the recharge well and the sample strata chart will also be made available. ### 10. The Water (Prevention and Control of Pollution) Act, 1974, (Act 6 of 1974) with all amendments made from time to time shall be applicable.] Inspection and Minor Alteration ### 82. Inspection. - Every person by or for whom any water borne sanitary installation drainage installation or any work in connection therewith is carried out for any existing or new building or in any other premises shall at all reasonable times afford the Estate Officer or any Officer/Official authorised by him free access to such water-borne sanitary or drainage installations or work in connection therewith for the purpose of inspection. ### 83. Minor Alteration in case of Emergency. - In any case in which a minor alteration to a water borne sanitary or drainage installation must be carried out at once, every person who is about to carry out such alteration shall, in lieu of depositing the plans, sections and particulars referred to in the foregoing Regulations forthwith inform the Estate Officer in writing of such proposed alterations. He shall also in fourteen days of the commencement of such alterations make the deposits required by these rules. ### 84. Carrying out of work. - All work required to be done for the installations or repair of sanitary fittings shall be entrusted to a licensed plumber duly registered with the Authority and holding any of the qualifications laid down in Schedule I to these Regulations. Part VI --------- (A) Registration ### 85. [ [Substituted by Haryana Government Gazette Notification dated 10.3.1987 published on 6.3.1987.] An Architect enlisted/registered with Council of Architecture under Architects Act, 1972 shall get himself enlisted/registered with the Haryana Urban Development Authority for which no licence fee shall be payable. The Architects so enlisted/registered shall have to fulfil the following obligations and shall have to observe the following guidelines which are hereby issued by the Chief Administrator, HUDA under section 30 of the Architects Act of 1972 :- (a) Every Architect proposing to submit Building Plans under HUDA (Erection of Buildings) Regulations, 1979 shall submit their Registration Number with Council of Architecture alongwith its proof for information of the Sanctioning Authority and for his enlistment with HUDA without payment of any additional licence fee or security. The list of such Architects shall be maintained in the form of a proper Register in the office of the Sanctioning Authority so that there is no necessity for the Architects to give this information again and again. (b) The Architect shall ensure that the Plans prepared by him are strictly according to the HUDA Building regulations cited above; and in case of repeated submission of wrong plans not in conformity with the above Regulations he shall be liable to be charged for "Professional Misconduct.", (c) The Architect shall ensure that the information and certificate given by him for the construction, supervision and completion of Buildings in the forms prescribed under HUDA Building Regulations, as well as the D.P.C., level are correct; and in cases of wrong information/certification as well as improper supervision during construction he shall be liable to be charged for "professional misconduct". (d) That in case of any complaint from the plot holder to the Authority/Sanctioning Authority against the conduct of the Architect with respect to Sanctioning of Plans and the supervision of Building the Architect shall be liable to give explanation to the Authority and the opinion arrived at by the Sanctioning authority/Chief Administrator, HUDA shall be conveyed to the Council of Architects alongwith full facts as a complaint "professional, misconduct" by the Architect.] ### 86. [ Registration of Engineers. [Substituted by Haryana Government Gazette Part III dated 3.9.2003 published on 9.9.2003 at Page 126.] - An Engineer/Structural Engineer/Proof consultant desirous of registration with the Authority, shall make an application in form R-4 or R-5 as may be applicable, alongwith the demand draft of Rs. 1000/- (one thousand rupees only), in favour of Authority as a registration fee for one calendar year.] ### 87. Registration of plumbers. - A plumber who is holding any of the qualifications laid down in Schedule I and desirous of Registration with the authorised officer shall make an application on the prescribed Form (R3) alongwith a Demand Draft of [Rs. 500] in favour of the authorised officer of the Authority, as a registration fee for one calendar year. Renewal (B) ### 88. [ Renewal. [Substituted by Haryana Government Gazette Part III dated 3.9.2003 published on 9.9.2003 at Page 126.] - The licence/registration issues under Rules 87, 88 and 89, shall be got renewed from the Authority for another calendar year on the payment of annual fee as follows : \| \| \| \| --- \| --- \| \| (i) Engineer/Structural Engineer/Proof consultant \| : Rs. 5000/- \| \| (ii) Plumber \| : Rs. 100/-.] \| ### 89. Power of relaxation. - The Authority may with the previous approval of the State Government relax the provisions of any of these regulations in respect of any class or category of parsons, if in the opinion of the Authority, but for relaxation, the regulations would operate harshly. Form BR I [See Regulation 3(I) ] Form of Application Class of Building \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Residential, Commercial Institutional/Public/Semi-Public Industrial/warehousing From \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ To The Estate Officer, Haryana Urban Development Authority \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Sir I/we apply for permission to erect/re-erect/add to/alter a building/wall, in accordance with the plans submitted herewith, on Site/Plot No\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Sector\_\_\_\_\_\_\_\_\_\_\_\_ at\_\_\_\_\_\_\_\_\_\_\_\_\_\_. ### 2. I/we attach herewith, in quadruplicate : (a) A site plan showing the position of the site proposed to be built upon. (b) Plans, elevations and sections. (c) Drainage plans. (d) Structural drawings in Form BR-VIA/BR-VIB, as may be applicable. (e) Fire safety design as required in the National Building Code duly approved by the State Fire Authority. Alterrnatively an undertaking to the effect that "the Fire Safety Plans duly approved by the State Fire Authority" will be submitted within 60 days. (f) Heating, Ventilation, Air-conditioning (HV AC) service plans wherever required. (g) Specifications or the proposed building in Form BR-II. (h) Certificate of conformity to regulations and structural safety for the relevant buildings (depending on type and height) in Form BR-VIA and BR-VIB. ### 3. The requisite fee has been deposited vide Receipt No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Book No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ dated \_\_\_\_\_\_\_\_\_\_\_\_\_ ### 4. Undertaking - The construction of the building will be undertaken as per the approved building plans, structural design given by the Structural Engineer, Fire Safety design duly approved by the competent authority and got supervised through the following Architect/Engineer. A. Architect (i) Name of Architect (ii) Council of Architect Registration No\_\_\_\_\_\_\_\_\_\_ valid upto \_\_\_\_\_\_\_\_\_ (iii) Full Address B. Engineer (i) Name of Engineer. (ii) Registration No. (if any). (iii) Qualification. (iv) Address. Form BR II [See Regulation 3 (i) (c)] Specifications The materials to be used in the construction to be clearly specified under the following heads : \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Item \| Specification \| Item \| Specification \| \| (a) \| Foundations \| (b) \| Walls \| \| (c) \| Damp proof course \| (d) \| Roof \| \| (e) \| Floors \| (f) \| Windows and Doors and other wood work \| \| (g) \| Steel work \| (h) \| finish \| \| (i) \| External Finish \| \_\_ \| \_\_\_\_ \| Signature of Architect/Engineer. Signature of applicant Form BR III [See Regulation 8] Form of Application From The Estate Officer, Haryana Urban Development Authority, To \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Memo No\_\_\_\_\_\_\_\_\_\_\_\_\_ Dated \_\_\_\_\_\_\_\_\_\_\_\_\_ Reference your application for permission to erect/re-erect add to alter a building on plot No\_\_\_\_\_\_\_\_\_\_\_ Sector \_\_\_\_\_\_\_\_\_\_\_ at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ in accordance with the plans submitted with it. Permission is hereby :- (i) granted for the aforesaid construction subject to the provisions of the Haryana Urban Development Authority (Erection of Buildings) Regulations, 1979, as amended from time to time. (ii) refused for reasons given below :- \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (iii) sanctioned for construction subject to the following amendments : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Enclosures. Estate Officer [Form BR IVA] [Forms BR IV, V and VI substituted by Haryana Government Gazette Part III dated 3.9.2003 published on 9.9.2003 at Page 126.] For Residential and Commercial Buildings upto 3 storeys or less than 11 Meter Height. [See Regulation 11 (I) ] Application for permission to occupy From \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ To The Estate Officer, Haryana Urban Development Authority Sir ### 1. I/we hereby give you notice that the building/a part of building described below and sanctioned with your order No\_\_\_\_\_\_\_\_\_\_\_\_\_ dated \_\_\_\_\_\_\_\_\_\_\_ has been completed on \_\_\_\_\_\_\_\_\_\_\_ in all respect according to the sanctioned plans and the structural design made for the same. Description of building Plot No\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Sector \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Urban Estate \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ City \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Name of the owner Shri/Smt. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Full address of owner \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. The modification made to the building plans and carried out at the site during the course of construction are submitted herewith. ### 3. Corresponding to the above modifications made in the building plans, necessary amendments were also carried out in the structural design and implemented at site. ### 4. Kindly issue an occupation certificate as required by Regulation \_\_\_\_\_\_ of the Haryana Urban Development Authority (Erection of Buildings) Regulations, 1979. Signature of Applicant. Signature of the Architect/Engineer Supervising the construction at site. Form BR IV B For Buildings, other than Residential and Commercial Building upto 3 storeys or less than 11 Meter Height. [See Regulation 11 (I) ] Application for permission to occupy From \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ To The Estate Officer, Haryana Urban Development Authority \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Sir ### 1. I/we hereby give you notice that the building/a part of building described below and sanctioned with your order No. \_\_\_\_\_\_\_\_\_\_\_\_\_ dated \_\_\_\_\_\_\_\_\_\_\_ has been completed on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ in all respect according to the sanctioned plans and the structural design made for the same. Description of building Plot No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Sector \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Urban Estate \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ City \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Name of the owner Shri/Smt. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Full address of the owner \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. The modification made to the building plans and carried out at site during the course of construction are submitted herewith. ### 3. Corresponding to the above modifications made in the building plans, necessary amendments were also carried out in the structural design and implemented at site. ### 4. Kindly issue an occupation certificate as required by Regulation \_\_\_\_\_\_\_\_\_ of the Haryana Urban Development Authority (Erection of Buildings) Regulations, 1979. Signature of Applicant. Signature of the Architect Supervising the construction at site \_\_\_\_\_\_\_\_ Signature of the Engineer Supervising the construction at site \_\_\_\_\_\_\_\_\_ Form BR VA For Residential and Commercial Building upto 3 storeys or less than 11 Meter Height. [See Regulation 11 (I) ] Completion-Certificate by an Architect/Engineer in respect of building on : Plot No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Sector \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Urban Estate \_\_\_\_\_\_\_\_\_\_\_\_\_\_ City \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Name of the owner Shri/Smt. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Full address of the owner \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ I do hereby certify that the above work has been supervised by me and has been completed to my satisfaction in accordance with the sanctioned building plan and its structural design. The workmanship and all the material used meet the specifications laid down in the National Building Code. No provision of the Haryana Urban Development Authority (Erection of Buildings) Regulations, 1979 and no requisition made, conditions prescribed or order issued thereunder has been transgressed in the course of the work. Signature Dated : Architect/Engineer Form BR VB For Buildings, other than Residential and Commercial Building upto 3 storeys or 11 Meter Height. [See Regulation 11 (I) ] Completion-Certificate by an Architect and the Engineer in respect of building on Plot No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Sector \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Urban Estate \_\_\_\_\_\_\_\_\_\_\_\_\_\_ City \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Name of the owner Shri/Smt. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Full address of the owner \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ It is hereby certified that the above work has been supervised by us and has been competed to our satisfaction in accordance with the sanctioned building plan and its structural design as checked and certified by the proof consultant. The workmanship and all the material used meet the specifications laid down in the National Building Code. No provision of the Haryana Urban Development Authority (Erection of Buildings) Regulations, 1979 and no requisition made, conditions prescribed or order issued thereunder has been transgressed in the course of the work. \| \| \| \| \| --- \| --- \| --- \| \| Dated : \| Signature \| Signature \| \| \| Architect \| Engineer. \| Form BR VI A [See Regulations 2 (xxxxviii-a) and 3(I) (g)] Certificate of conformity to regulation and structural safety for Residential and Commercial Building upto 3 storeys or less than 11 Meter Height. [See Regulation 3 (I) , para 2 (d) of Form BR I] Certificate to be submitted alongwith the building application in Form BR I duly signed by the Architect and the Structural Engineer. Details of the building for which the certificate is being issued. Plot No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Sector \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Urban Estate \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ City \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Name of the owner Shri/Smt. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Full address of the owner \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 1. Building Plan :- (i) Name of Architect\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (ii) Registration No. \_\_\_\_\_\_\_\_\_\_\_\_ valid upto \_\_\_\_\_\_\_\_\_\_\_\_\_ (iii) Full Address \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. Structural Design :- (i) Name of Structural Engineer who has undertaken the Structural Design of the Building \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (ii) Registration No. (if any) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (iii) Qualification and Experience (iv) Address \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Certificate The plans submitted in Form BR I for building, detailed above, are in accordance with the Haryana Urban Development Authority (Erection of Buildings) Regulations, 1979, as amended from time to time and the zoning plan for the plot. The Structure has be designed in accordance with the provisions of the National Building Code and the relevant I.S. Codes (with latest amendments) including I.S. Codes for structures resistant of earthquakes and other natural hazards. The local soil conditions, its load bearing capacity and the underground water table etc. have been kept in view while designing the same. \| \| \| \| \| --- \| --- \| --- \| \| Owner \| Architect \| Structural Engineer. \| Form BR VIB [See Regulations 2 (xxxxviii-a) and 3(I) (g)] Certificate of conformity to regulation and structural safety for buildings, other than Residential and Commercial Buildings upto 3 storeys or 11 Meter Height. [See Regulation 3 (1) , para 2 (d) of Form BR I] Certificate to be submitted alongwith the building application in Form BR I duly signed by the Architect, the Structural Engineer and the Proof Consultant. Details of the building for which the certificate is being issued. Plot No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Sector \_\_\_\_\_\_\_\_\_\_\_\_\_ Urban Estate \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ City \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Name of the owner Shri/Smt. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Full address of the owner \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 1. Building Plan :- (i) Name of Architect (ii) Registration No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ valid upto \_\_\_\_\_\_\_\_\_\_\_ (iii) Full Address \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. Structural Design :- (i) Name of Structural Engineer who has undertaken the Structural Design of the Building. (ii) Registration No. (if any) (iii) Qualification and Experience (iv) Address ### 3. Proof Consultant (i) Name (ii) Registration No. (if any) (iii) Qualification and Experience Certificate The plans submitted in Form BR I for building, detailed above, are in accordance with the Haryana Urban Development Authority (Erection of Buildings) Regulations, 1979, as amended from time to time and the zoning plan for the plot. The Structure has been designed in accordance with the provisions of the National Building Code and the relevant I.S. Codes (with latest amendments) including I.S. Codes for structures resistant of earthquakes and other natural hazards. The local soil conditions, its load bearing capacity and the underground water table etc. have been kept in view while designing the same. \| \| \| \| \| --- \| --- \| --- \| \| Owner \| Architect \| Structural Engineer. \| The structural design has been checked by me and has been found in order. This design is in accordance with the National Building Code and the relevant I.S. Code (with latest amendments) including I.S. Codes for structures resistant to earthquakes and other natural hazards. The site conditions, such as conditions of soil, its load bearing capacity and the underground water table etc. have been duly kept in view while designing the same. Proof Consultants.] Form BR VII [See Regulation 11(2) ] Form of Occupation Certificate From The Estate Officer, Haryana Urban Development Authority, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Memo No. \_\_\_\_\_\_\_\_\_\_\_\_\_ Dated \_\_\_\_\_\_\_\_\_\_\_\_\_ Whereas........has applied for the issue of an occupation certificate in respect of the building described of below, I hereby - (i) grant permission for the occupation of the said building. (ii) grant provisional permission of occupation for a period of six months. (iii) refuse permission for the occupation of the said building for reasons given below : Description of Building \| \| \| \| \| --- \| --- \| --- \| \| City \| \| Sector \| \| Site No. \_\_\_\_\_\_\_\_\_\_ \| \| Estate Officer, \| \| Dated \_\_\_\_\_\_\_\_\_\_\_\_ \| \| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| I --- [See Regulations 54 and 84) Qualification for Plumbers One of the following or higher qualification shall be essential :- (1) Qualification, approved by the Institutional Engineering for its associated memberships. (2) Diploma in Civil Engineering from any college or Institution recognized by Government. (3) Licensed Plumber of atleast 5 years' standing with the Financial Corporation of Delhi, Bombay, Calcutta, Madras or Chandigarh Administration. (4) Ten years practical experience in Sanitary Installation with a firm of repute or under a licensed plumber. II ---- (See Regulation 28) ### 1. Dead Loading. - For the purpose of calculating the dead loading of a building or any part of a building the weights of the materials shall be assumed to be those set out in British Standard Specification No. 948-935 (schedule of Unit Weights or Building Materials) or if not set out in that specifications shall be determined by test. ### 2. Superimposed Loading. - For the purpose of calculating the superimposed loading on beams, pillars, piers and walls, the minimum superimposed load on each floor and on the roof of a building shall be estimated as equivalent to the dead load specification in the following table for the appropriate types of building floor or roof :- \| \| \| \| \| --- \| --- \| --- \| \| Sl. No. \| Description of building floor or roof \| Kg. per square metre of floor area \| \| 1. \| Rooms or residential building, flats, hostels, hospital rooms and wards, corridors, staircases and landings or residential building and flats \| 200 \| \| 2. \| Office floors above entrance floor \| 250 \| \| 3. \| Office entrance door and floors below entrance floor \| 400 \| \| 4. \| Religious places, schools, reading rooms, art galleries and similar buildings \| 350 \| \| 5. \| Retail shops and garages for cars of not more than two tons dead weight \| 400 \| \| 6. \| Assembly halls, drill halls, dance halls, light work-shops, public spaces in hostels, hospital corridors, stair cases and landings for the building mentioned in this table other than described at serial No. 1 above cinemas, restaurants and grand stands \| 500 \| \| 7. \| Warehouses, book-stores, stationary stores and buildings similarly used, and garages for motor vehicles exceeding two tons dead weight. Actual load to be calculated but not less than \| 1000 \| \| 8. \| Flat roofs and roofs inclined at an angle with the horizontal of not more than twenty degrees \| 150 \| \| 9. \| Roof inclined at an angle with the horizontal of more than twenty degrees (per square foot of covered areas) \| \| (a) For the purpose of calculating the total load to be carried on pillar, pier and walls of building of more than two storeys in height the superimposed load for the roof and top most storey shall be calculated in full in accordance with the schedule of loading set out above, but for the lower storey a reduction of superimposed load may be allowed as under :- Reduction of superimposed load on pillars, piers and walls For the first storey below the top most storey - 10 per cent reduction of its superimposed load. For the second storey below the top most storey - 20 per cent reduction of its superimposed load. For the fourth storey below the top most storey - 40 per cent reduction of its superimposed load. For the fifth storey and each lower storey below the top most storey - 50 per cent reduction of its superimposed load. These reductions may be made by estimating the proportion of floor area carried by each pillar, pier or wall. No such reduction shall be allowed on any floor scheduled for an applied superimposed load exceeding one hundred pounds per square foot. (b) Except as hereinafter provided, the wind pressure on a building shall be assumed to be not less than twenty ponds per square foot in any horizontal direction: Provided that where the height of a building is less than twice its width and where the building is stiffened by walls and floors the wind pressure may be neglected. (c) A superimposed load which may roll or move on wheels shall be calculated as being equivalent to a static loading which exceeds the weight of the rolling or moving load by not less than fifty per cent. ### 3. Partition. - Where the position of a partition in a building is definitely located in the region, the actual weight of the partition shall be included in the dead floor load. Where the position of a partition is not definitely located in the design, uniformly distributed load sufficient to allow for it, shall be added to the dead floor load, and for all such floors used for offices the minimum total allowance for partitions shall be at the rate of twenty pounds per square foot of floor area. Form R1 (See Regulation 85) From \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ To (to mention the designation of authorised officer) Haryana Urban Development Authority, I/We apply for registration to practice as Architect to enable me/us to submit Building Plan and or Supervision of Building construction for plots in Urban Estates, Haryana. I/We hold necessary qualification enabling me/us for getting registration with the Haryana Urban Development Authority. Copies of Certificates/Testimonials duly attested by a Gazetted Officer are enclosed herewith. A demand draft No. \_\_\_\_\_\_\_\_ amounting to Rs. 250 in favour of (indicate designation of the authorised officer) is enclosed herewith as Registration fee for the calendar year \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. Yours faithfully Name \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| \| \| \| --- \| --- \| --- \| \| Dated \_\_\_\_\_\_\_\_\_\_\_\_ \| \| Full Address \_\_\_\_\_\_\_\_\_\_\_\_\_ \| Form R-2 (See Regulation 86) Form of Application From \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ To \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Haryana Urban Development Authority, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Sir, I/We apply for registration to practice as Engineer to enable me/us to the preparation of Structural Plans/Supervision of buildings in Urban Estates, Haryana. I/We hold necessary qualifications enabling me/us for getting registration with the Haryana Urban Development Authority. Copies of certificates/testimonials duly attested by a Gazetted Officer are enclosed herewith. A Demand Draft No. \_\_\_\_\_\_\_\_ amounting to Rs. 250 in favour of (indicate designation of authorised officer) is enclosed herewith as Registration fee for the calendar year \_\_\_\_\_\_\_\_\_\_\_\_ Yours faithfully, Name \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| \| \| \| --- \| --- \| --- \| \| Date \_\_\_\_\_\_\_\_\_\_\_ \| \| Full Address \_\_\_\_\_\_\_\_\_ \| Form R-3 (See Regulation 87) Form of Application From \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ To \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Haryana Urban Development Authority, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Sir, I/We apply for registration to practice as plumber to enable me/us to take up the plumbering work for buildings in the Urban Estate, Haryana. I/We hold necessary qualifications enabling me/us for getting registration with the Haryana Urban Development Authority. Copies of certificates/testimonials duly attested by a Gazetted Officer are enclosed herewith. A Demand Draft No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ amounting to Rs. 100 in favour of (indicate designation of authorised officer) is enclosed herewith as Registration fee for the calendar year \_\_\_\_\_\_\_\_\_\_\_\_\_. Yours faithfully, \| \| \| \| \| --- \| --- \| --- \| \| Dated \_\_\_\_\_\_\_\_\_\_\_\_ \| \| Full Address \_\_\_\_\_\_\_\_\_ \| [Form R-4] [Added Haryana Government Gazette Part III dated 3.9.2003 at Page 126.] (See Regulation 86) Form of Application for Registration of Structural Engineer From \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ To Haryana Urban Development Authority, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Sir, I/We apply for registration to practice as Structural Engineer to enable me/us for the preparation of Structural Plans/Supervision of buildings in Urban Estates, Haryana. I/We hold necessary qualifications enabling me/us for getting registration prescribed in Regulation 2 (xxxxviii-a). Copies of certificates/testimonials duly attested by a Gazetted Officer are enclosed herewith. A demand Draft No. \_\_\_\_\_\_\_\_\_\_\_\_ amounting to Rs. 1,000/- in favour of (indicate designation of authorised officer) is enclosed herewith as registration fee for the calendar year \_\_\_\_\_\_\_\_\_\_\_\_\_\_. Yours faithfully, Name \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Dated : Full Address \_\_\_\_\_\_\_\_\_\_\_ Form R-5 (See Regulation 86) Form of Application for the Registration of Proof Consultants From \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ To Haryana Urban Development Authority, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Sir, I/We apply for registration to practice as Proof Consultant to enable me/us to evaluate the structural design of buildings in Urban Estates, Haryana. I/We hold necessary qualifications prescribed in Regulation 2 (xxxviii-a) enabling me/us for getting registration. Copies of certificates/testimonials duly attested by a Gazetted Officer are enclosed herewith. A demand Draft No. \_\_\_\_\_\_\_\_\_\_\_\_ amounting to Rs. 1000/- in favour of (indicate designation of authorised officer) is enclosed herewith as registration fee for the calendar year \_\_\_\_\_\_\_\_\_\_\_\_\_\_. Yours faithfully, Name \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| \| \| \| --- \| --- \| --- \| \| Dated : \| \| Full Address \_\_\_\_\_\_\_\_\_\_\_ \| [Form BRS O] [Added by Haryana Government Notification No. 2007/7064 dated 26.2.2007.] [See regulation 11-A (1) ] Application for clearance of dues/ issuance of zoning sheet and taking physical possession/ demarcation of plot. Class of building- (i) Residential (ii) Commercial,where Architecture Control Sheets are applicable (iii) Industrial From To ....................... ...................... The Estate Officer, Haryana Urban Development Authority, ............................. Sir, I/We hereby express my/our intention to construct a building on plot no......................Sector ................Urban Estate.....................................I/we request you to issue a no dues certificate prior to start of construction. I/we also request you to issue the necessary zoning sheet for the above mentioned plot. I/we further request you to give the possession of the plot along with demarcation and the plinth level at site. I/we shall make the necessary arrangements of having the material and contractor/mistry ready at site on the day and time given by you for the same. Signature of Applicant. Form BRS I [See regulation 11-B (1) ] Form of Application (To be submitted at the time of submitting building plans/drawings) Class of building .............. (i) Residential (ii) Commercial,where Architecture control sheets are applicable (iii) Industrial buildings From ................................. .................................. To The Estate Officer, Haryana Urban Development Authority, ..................................... Sir, ### 1. I/We hereby confirm that physical possession, demarcation and plinth level has been given to me /us at site on....................by the representative of your office. I / we hereby submit the following building plans to erect / reerect /add to/alter a building /wall, in accordance with the plans being submitted herewith, on site/Plot No ....................... sector........................................at...................................... ### 2. I/we attach herewith in quadruplicate : (a) a site plan showing the position of the site proposed to be built upon; (b) plans, elevations and sections; (c) drainage plans; (d) structural drawings in form BRS VA/VB as may be applicable; (e) fire safety design as required in the National Building Code duly approved by the State Fire Authority. Alternatively, an undertaking to the effect that Fire safety plans duly approved by the State Fire Authority shall be submitted within sixty days; (f) heating, ventilation, Air Conditioning (HV AC) service plans wherever required; (g) specifications of the proposed building in Form BRS-II; (h) certificate of conformity to regulations and structural safety for the relevant buildings (depending on type and height) in Form BRS-VA and BRS-VB. ### 3. The requisite fee has been deposited vide Receipt No.................................... Book No................... dated......................... ### 4. Undertaking. The construction of the building shall be undertaken as per the submitted building plans, structural design given by the structural Engineer, Fire safety design duly approved by the competent authority and got supervised through the following Architect/ Engineer. I/We further undertake to remove all unauthorized and non- compoundable construction , if any ,such construction is found at the site by the authority at later inspection. A. Architect (i) Name of Architect............................................ (ii) Council of Architecture Registration No...............valid up to........... (iii) Full Address................................................................................. B. Engineer (i) Name of Engineer............................................ (j) Registration No. (if any).................................. (k) Qualification ................................................... (l) Address............................................................. ### 5. This may kindly be treated as the fifteen days notice before start of construction at site. ### 6. Necessary affidavit as per Annexure A of the set of forms is enclosed. Date Enclosures Signature of Applicant Form BRS II [See regulation 11-B(1) (c)] Specifications The materials to be used in the construction to be clearly specified under the following heads: \| \| \| \| --- \| --- \| \| Items \| Specifications \| \| (a) Foundations \| \| \| (b) Walls \| \| \| (c) Damp-proof course \| \| \| (d) Roofs \| \| \| (e) Floors \| \| \| (f) Windows and doors and other wood works \| \| \| (g) Steel works \| \| \| (h) Internal finish \| \| \| (i) External finish \| \| Signature of Architect/Engineer Signature of Applicant. Form BRS IIIA [See regulation 11-M] For Residential buildings and Commercial buildings governed by Architecture control (up to 3 storeys or less than 11 metres height) Application for permission to occupy/ submission of completion drawings. From \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ To The Estate Officer, Haryana Urban Development Authority, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Sir, ### 1. 1/We hereby give you notice that the building/a part of building described below has been completed on........................in all respects according to the completion plans/drawings submitted herewith and the structural design made for the same. Description of building Plot No............................. Sector........................... Urban Estate............................ City........................ Name of the owner Shri/Smt................................... Full address of the owner........................................ ### 2. The modifications made to the building plans and carried out at site during the course of construction are shown in the completion drawings and are as per Haryana Urban Development Authority bye-laws/norms. ### 3. Corresponding to the above modifications made in the building plans, necessary amendments were also carried out in the structural design and implemented at site. ### 4. Kindly issue an occupation certificate as required by Regulation................of the Haryana Urban Development Authority (Erection of Buildings) Regulations, 1979. ### 5. Self assessment of compoundable items along with demand draft of calculated amount is enclosed. ### 6. I/We take responsibility for the quality and safety of the structure and construction carried out at site. ### 7. It is further certified that no provision of Haryana Urban Development Authority (Erection of Buildings) Regulations, 1979, as amended from time to time (including allowable compounding items ) has been violated. ### 8. All debris and rubbish have been cleared from the site. ### 9. Photographs of front, rear, side set backs, front $nd rear elevation of the building along with photographs of cut outs, shafts from roof top are also submitted. Compact disc containing all photographs is also enclosed. No. of photographs .............. ### 10. Necessary affidavit as per Annexure D of the set of forms is enclosed. ### 11. Necessary certificate of supervision of Architect in form BRS-IV-A is enclosed. ### 12. Necessary certificate of Plumber in form BRS-IX ### 13. Certificate of contractor in form BRS-VIII (wherever one has been appointed) Signature of Applicant. It is certified that the completion plans along with structural design being submitted are in accordance with the provisions of Haryana Urban Development Authority (Erection of Buildings) Regulations, 1979, as amended from time to time . Further, conditions stated above at serial nos. 1,2,3,5,7 and 9 are true and correct. Signature of Architect supervising the construction at site. Form BRS-III-B [See regulation 11-M] For Industrial buildings and Commercial buildings (governed by Architecture control, above 3 storeys or more than 11 metres height.). Application for permission to occupy/ submission of completion drawings. From \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ To The Estate Officer, Haryana Urban Development Authority, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Sir, ### 1. I/We hereby give you notice that the building/a part of building described below has been completed on.........................in all respects according to the completion plans/drawings submitted herewith and the structural design made for the same. Description of building. Plot No............................ Sector............................... Urban Estate.............:................ City......................... Name of the owner Shri / Shrimati............................................ Full address of the owner.................................................................. ### 2. The modifications made to the building plans and carried out at site during the course of construction are shown in the completion drawings and are as per Haryana Urban Development Authority bye- laws/norms. ### 3. Corresponding to the above modifications made in the building plans, necessary amendments were also carried out in the structural design and implemented at site. ### 4. Kindly issue an occupation certificate as required by Regulation......................of the Haryana Urban Development Authority (Erection of Buildings), Regulations, 1979. ### 5. Self assessment of compoundable items along with demand draft of the calculated amount is enclosed. ### 6. I/We take responsibility for the quality and safety of the structure and construction carried out at site. ### 7. It is further certified that no provision of the Haryana Urban Development Authority (Erection of Buildings) Regulations, 1979, as amended from time to time (including allowable compounding items ) has been violated. ### 8. All debris and rubbish have been cleared from the site. ### 9. Photographs of front, rear, side set backs,front and rear elevation of the building along with photographs of cutouts, shafts from roof top are also submitted. A compact disc containing all photographs is also enclosed. No. of photographs............... ### 10. Necessary affidavit as per Annexure D of the set of forms is enclosed. ### 11. Necessary certificate of supervision of Architect and Engineer on form BRS-I V B is enclosed. ### 12. Necessary certificate of Plumber in form BRS-IX ### 13. Certificate of contractor in form BRS-VIII (wherever one has been appointed). Signature of Applicant. It is certified that the completion drawings along with structural design being submitted are in accordance with the provisions of the Haryana Urban Development Authority (Erection of Buildings ) Regulations, 1979, as amended from time to time . Further conditions stated above at serial nos. 1,2,3,5,7 and 9 are true and correct. Signature of the Architect supervising the construction at site......................................................... Signature of the Engineer supervising the construction at site................................. Form BRS-IV-A [See regulation 11-M] (To be submitted alongwith form BRS-III A) For Residential Buildings and Commercial Buildings (governed by Architecture control) up to 3 storeys or less than 11 Metres height. Completion-Certificate by an Architect in respect of building on: Plot No.................................................... Sector.............., Urban Estate..................... City........................ Name of the owner Shri/Smt................................... Full address of the owner.................................................................... ............................................................................................................. I do hereby certify that the above work has been supervised by me and has been completed to my satisfaction in accordance with the completion drawings and structural design , which are as per Haryana Urban Development Authority norms / bye -laws. The workmanship and all the material used meet the specifications laid down in the National Building Code. No provision of the Haryana Urban Development Authority (Erection of Buildings) Regulations, 1979,as amended to date, and no requisition made, conditions prescribed or order issued thereunder has been transgressed in the course of the work. Dated Signature of Architect. Form BRS IVB [See regulation 11-M] (To be submitted alongwith form BRS-III B) For Industrial Buildings and Commercial Buildings ( governed by Architecture control more than 3 storeys or above 11 Metres height.) Completion certificate by the Architect and the Engineer in respect of building on Plot No................................... Sector............................... Urban Estate............................... City............................. Name of the owner Shri/ Shrimati.................................. Full address of the owner................................................ ......................................................................................... ......................................................................................... It is hereby certified that the above work has been supervised by us and has been completed to our satisfaction in accordance with the completion drawings and structural design as checked and certified by the proof consultant. It is further certified that the drawings and construction are as per Haryana Urban Development Authority norms/ bye- laws. The workmanship and all the material used meets the specifications laid down in the National Building Code No provision of the Haryana Urban Development Authority (Erection of Buildings) Regulations, 1979, amended to date, and no requisition made, conditions prescribed or order issued thereunder has been transgressed in the course of the work. \| \| \| \| \| --- \| --- \| --- \| \| Dated \| Signature of Architect \| Signature of Engineer. \| Form BRS VA [See regulation 11-B (I) ] (To be submitted along with form BRS-I) Structural design and certificate of conformity to regulations and structural safety for residential, industrial buildings and for commercial buildings which are governed by Architecture control ( upto 3 storeys or less than 11 metres height.) ### 1. Structural design for the undermentioned plot, in accordance with the provisions of National Building Code is enclosed. ### 2. Certificate to be submitted along with the building application in form BRS-I duly signed by the Architect and the Structural Engineer: Details of the building for which the certificate is being issued. Plot No ............................................... , Sector.............................. Urban Estate............................. City................................................ Name of the owner Shri / Shrimati.................................................. Full address of the owner................................................................. ............................. .......................................................................... ............................. .......................................................................... (a) Building plan: (i) Name of Architect (ii) Registration No...........................valid up to........... (iii) Full Address................................................... (b) Structural Design: (i) Name of structural Engineer who has undertaken the structural design of the building.................................. (ii) Registration No. (if any).............................. (iii) Qualifications and Experience.............................. (iv) Address............................................................................................... Certificate The plans submitted in form BRS-I for building, detailed above, are in accordance with the Haryana Urban Development Authority (Erection of Buildings) Regulations, 1979, as amended from time to time and the zoning sheet provisions for the plot. The structure has been designed in accordance with the provisions of the National Building Code and the relevant Indian Standard Codes (with latest amendments) including Indian Standard Codes for structures resistant to earthquakes and other natural hazards. The local soil conditions ,its load bearing capacity and the underground water table etc. have been kept in view while designing the same. \| \| \| \| \| --- \| --- \| --- \| \| Owner \| Architect \| Structural Engineer. \| Form BRS VB [See regulation II-B (I) ] (To be submitted alongwith form BRS-I) Structural design and certificate of conformity to regulations and structural safety of Industrial buildings and Commercial Buildings governed by Architecture control ,more than three stories or above 11 metres height. ### 1. Structural design for the undermentioned plot, in accordance with the provisions of National Building Code is enclosed. ### 2. Certificate to be submitted along with the building application in form BRS-I duly signed by the Architect, the Structural Engineer and the proof Consultant: Details of the building for which the certificate is being issued. Plot No.................................................., Sector............................ Urban Estate........................ ... City............................................. Name of the owner Shri/ Shrimati................................................ Full address of the owner............................................................... ........................................................................................................ ........................................................................................................ (a) Building plans: (i) Name of Architect............................................... (ii) Registration No....................... valid up to........................ (iii) Full Address.................................................. (b) Structural Design: (i) Name of Structural Engineer who has undertaken the Structural Design of the Building..................................... (ii) Registration No (if any) ......................................... (iii) Qualification and Experience .................................... (iv) Address .................................................................................... (c) Proof Consultant. (i) Name.................................................... (ii) Registration No (if any).................................... (iii) Qualifications and Experience.............................. Certificate The plans submitted in form BRS-I for building, detailed above, are in accordance with the Haryana Urban Development Authority (Erection of Buildings) Regulations, 1979, as amended from time to time and the zoning sheet for the plot. The structure has been designed in accordance with the provision of the National Building Code and the relevant Indian Standard Codes (with latest amendments) including Indian Standard Codes for structures resistant to earthquakes and other natural hazards. The local soil conditions, its load bearing capacity and the underground water table etc. have been kept in view while designing the same. \| \| \| \| \| --- \| --- \| --- \| \| Owner \| Architect \| Structural Engineer. \| The structural design has been checked by me and has been found in order. This design is in accordance with the National Building Code and the relevant Indian Standard Code (with latest amendments) including Indian Standard Codes for structures resistant to earthquakes and other natural hazards. The site conditions, such as conditions of soil, its load bearing capacity and the underground water table etc. have been duly kept in view while designing the same Proof Consultant. Form BRS VI [See regulation 11-N(1) ] (Form of occupation certificate) From The Estate Officer, Haryana Urban Development Authority, .............................................................. To .............................................................. .............................................................. .............................................................. Memo No: Dated: Whereas.......................... has applied for the issue of an occupation certificate in respect of the building described below, I hereby (i) grant permission for the occupation of the said building; (ii) grant provisional permission of occupation for a period of six months; (iii) refuse permission for the occupation of the said building for reasons given below. Description of building City......................Sector......................... Site No.................................................. Permission is granted on the basis of completion drawings, affidavits and certificates submitted by the architect and the owner. However, violations or unauthorized construction found on checking of the premises shall lead to cancellation of the occupation certificate being issued. In such an event , the owner shall have to remove all violations before applying for restoration of the occupation certificate. Dated: Estate Officer Haryana Urban Development Authority, ........................................................... Form BRS VII [See regulations 11-K and 11-L] (To be submitted separately for excavation, damp proof course and roof level as soon as that stage is reached) Progress certificate at excavation, damp proof course and roof level in respect of building on Plot No....................................................., Sector..................... Urban Estate .............................................., City..................... Name of the owner Shr i/ Shrimati........................................... Full address of the owner.......................................................... ................................................................................................... ................................................................................................... It is hereby certified that the construction on the above mentioned plot has reached up to the following stage on the date shown: \| \| \| \| --- \| --- \| \| Stage \| Date \| \| 1. Excavation..................... \| Affidavit as per Annexure B of set of forms enclosed. \| \| 2. Damp proof course level... \| Affidavit as per Annexure C of set of form enclosed. \| \| 3. Roof level.............. \| \| It is further certified that the construction is as per the Haryana Urban Development Authority (Erection of Buildings) Regulations, 1979, as amended from time to time. Signature of Architect Signature of Applicant. Form BRS VIII [See regulation 11-M] (To be submitted along with form BRS III A/B) Completion Certificate by the Contractor in respect of building on Plot No...................................................................... Sector................... Urban Estate............................................................ City....................... Name of the owner Shri/ Shrimati........................................................ Full address of the owner.................................................................... .............................................................................................................. It is hereby certified that construction for the above mentioned plot has been undertaken by me/our firm and has been completed to my/our satisfaction in accordance with the completion drawings and has been checked and certified to be in order by the Architect and Engineer. It is further certified that the construction is as per Haryana Urban Development Authority norms/bye-laws. The workmanship and all the material used meet the specifications laid down by the National Building Code. No provision of the Haryana Urban Development Authority (Erection of Buildings) Regulations, 1979, amended to date, and no requisition made, conditions prescribed or order issued thereunder has been transgressed in the course of the work. Dated Signature of Contractor. Form BRS IX [See regulation 11-M] (To be submitted alongwith form BRS III A/B) Completion Certificate by the plumber in respect of building on Plot No..................................., Sector...................... Urban Estate.............................. City....................... Name of the owner Shri/Shrimati... ......................... Full address of the owner............................................ ...................................................................................... It is hereby certified that plumbing work for the above mentioned plot has been carried out by me and has been completed to my satisfaction in accordance with the completion drawings and the same has been checked and certified by the Architect and Engineer. It is further certified that the work is as per Haryana Urban Development Authority norms/ bye -laws. The workmanship and all the material used meet the specifications laid down in the National Building Code No provision of the Haryana Urban Development Authority (Erection of Buildings) Regulations, 1979, amended to date and no requisition made, conditions prescribed or order issued thereunder has been transgressed in the course of the work. Dated Signature of Plumber. Affidavit (Annexure A) (To be submitted at the time of submission of Building plans/drawings) [See Form BRS-I] We, ...................son/daughter/ wife of Shri..................................... and ................... son/daughter/wife of Shri......................do hereby solemnly affirm and declare as under : ### 1. That we....................... the owner of the plot no............. sector, Urban Estate and................................the supervising Architect (C.A.No..............), have under stood the zoning sheet provisions provided by Haryana Urban Development Authority. ### 2. That the building plans submitted to the Authority are in conformity to the Haryana Urban Development Authority (Erection of Buildings) Regulations ,1979, as amended from time to time and the zoning conditions applicable on the plot. ### 3. We shall abide by the zoning sheet provisions and Haryana Urban Development Authority bye - laws during construction on the above said plot. ### 4. That we shall be liable to face any action by Haryana Urban Development Authority if the construction is found to be in contravention to Haryana Urban Development Authority norms and bye-laws. (Owner) (Architect) Witness Verification. We, the above named deponents do hereby declare that the above statement of owner of the mentioned plot and the Architect are true and correct to the best of our knowledge and belief and nothing has been concealed therein. Place Date Deponents AFFIDAVIT (Annexure B) (To be submitted at the time of completion of excavation) [See Form BRS-VII] We,..................son/ daughter/wife of Shri............. and........................ son/wife/daughter of Shri..................do hereby solemnly affirm and declare as under ### 1. That we,....................................the owner of plot no .................. sector............... Urban...............Estate..................and the supervising Architect....................... (C.A. No...................) have taken the proper possession/demarcation of plot at the site. ### 2. That we are fully responsible for the correctness of the construction being done as per the Haryana Urban Development Authority (Erection of Buildings) Regulations ,1979, as amended from time to time and zoning sheet provisions applicable on the plot. ### 3. Excavation work has been completed in accordance to HUDA bye- laws. (Owner) (Architect) Witness Verification. - We, the above named deponents do hereby declare that the above statement of owner of the plot and the Architect are true and correct to the best of our knowledge and belief and nothing has been concealed therein. Place Date Deponents. AFFIDAVIT (Annexure C) (To be submitted at Damp proof course Level) [See Form No. BRS-VII] We......................son/ daughter/wife of Shri............... and ....................son/wife/daughter of Shri....................do hereby solemnly affirm and declare as under ### 1. That we the owner of plot no....................... sector........................... Urban Estate.....................the construction of which has reached Damp proof course Level under the supervision of Architect............................................ (C.A. No....................) ### 2. The Damp proof course has been laid entirely as per provisions of the Haryana Urban Development Authority (Erection of Buildings) Regulations, 1979, as amended from time to time and zoning sheet provisions made available by Haryana Urban Development Authority. ### 3. That we shall be liable to face any action by Haryana Urban Development Authority if the said construction is found to be in contravention to the norms/Byelaws. ### 4. That further construction shall not be proceeded with for a period of fifteen days. (Owner) (Architect) Witness Verification. - We, the above named deponents do hereby declare that the above statement of owner of the plot and the Architect are true and correct to the best of our knowledge and belief and nothing has been concealed therein. Place Date Deponents. AFFIDAVIT (Annexure D) (To be submitted at the time of submission of completion drawings) [See Form No. BRS-III A/B] We, ....................son/ daughter/wife of Shri............................................................ and ..................son/daughter/wife of Shri......................do hereby solemnly affirm and declare as under : ### 1. That we,.................... the owner of the plot no............. sector, Urban Estate...............and the supervising Architect (C.A.No..............), certify that the building on the above said plot has been partially completed/ fully completed as per provisions of the Haryana Urban Development Authority (Erection of Buildings) Regulations ,1979, as amended from time to time and the zoning sheet provisions applicable on the plot. ### 2. It is further certified that we shall be liable to face any action by Haryana Urban Development Authority if the above mentioned construction is found to be in contravention to the norms/bye-laws/ regulations of Haryana Urban Development Authority. ### 3. It is further certified that there is no non-compoundable unauthorized construction and all compoundable items are with in the allowable Haryana Urban Development Authority compounding regulations. (Owner) (Architect) Witness Verification. - We, the above named deponents do hereby declare that the above statement of owner of the plot and the Architect are true and correct to the best of our knowledge and belief and nothing has been concealed therein Place Date Deponents]
65b9d94fab84c7eca86ea1f5	acts	State of Arunachal Pradesh - Act ---------------------------------- Arunachal Pradesh Anatomy Act, 2017 ------------------------------------- ARUNACHAL PRADESH India Arunachal Pradesh Anatomy Act, 2017 ===================================== Act 6 of 2017 --------------- * Published on 1 January 2017 * Commenced on 1 January 2017 Arunachal Pradesh Anatomy Act, 2017 (Act No. 6 of 2017 ) (Received the assent of the Governor on 08.06.2017) An Act to provide for the supply of unclaimed bodies of deceased persons or donated bodies or any part thereof of deceased persons to hospitals and medical and teaching institutions for the purpose of anatomical examination and dissection and other similar purposes. Whereas it is expedient to provide for the supply of unclaimed bodies of deceased persons or donated bodies or any part thereof of deceased persons to hospitals and medical and teaching institutions for the purpose of anatomical examination and dissection and other similar purposes. Be it enacted by the Legislative Assembly of Arunachal Pradesh in the Sixty-eight Year of the Republic of India as follows. ### 1. (i) This Act may be called the Arunachal Pradesh Anatomy Act, 2017 (ii) It extends to whole State of Arunachal Pradesh. (iii) It shall come into force from the date of its notification in the Official Gazette. ### 2. Definition. - In this Act, unless there is anything repugnant in the subject or context,- (i) "Approved Institution" means a hospital or a medical or an allied institution as may be declared by the state Government by notification in the official Gazette to be an approved institution for the purpose of this Act. (ii) "Authorized Officer" means an officer authorized to Act under this Act. (iii) "Hospital" means any hospital established or maintained by the State Government or by any Municipal Council, Municipality, Board or Panchayat and includes any other hospital (private) which may be declared by the State Government by notification in the Official Gazette, to be such hospital for the purpose of this Act. (iv) "Near Relative" means any of the following relatives of the deceased namely, a wife, husband, parent, son, daughter, brother and sister and includes any other person who is related to the deceased (a) by lineal or collateral consanguinity within three degrees in lineal relationship and six degrees in collateral relationship, or (b) by marriage either with the deceased or with any relative specifically mentioned in this clause or with any other relative within the aforesaid degrees. Explanation. - The expressions "lineal and collateral consanguinity" shall have the meanings assigned to them in the Indian Succession Act, 1925. (v) "Prescribed" means prescribed by rules made under this Act. (vi) "Unclaimed Body" means body of the deceased person who has no near relative or whose body has not been claimed by any of his near relatives within such period as may be prescribed. ### 3. Power of State Government to authorize officers to act under section 4. (1) The State Government may, by notification in the Official Gazette, authorize, one or more officers to whom a report shall be made under section 4 and such officer or officers shall be competent to act under this Act. (2) Every officer authorized under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code 1860. ### 4. Procedures in case of unclaimed dead bodies in hospitals, or orphanges, senior citizens homes, ashrams, Jails and public places. (1) If a person dies in hospitals, or orphanges, senior citizens, homes, ashrams, Jails or public places and his body is not claimed by any person interested within the prescribed time as may be laid down, the authority in-charge of the hospital or prison or police officer shall, with the least practicable delay report the fact to the authorized officer and the said officer shall take possession of the unclaimed body and except in the case of referred to in sub-section (3), hand it over to the authority in-charge of the an approved institution, if it is required by that authority, for the purpose of conducting anatomical examination and dissection or other similar purpose. (2) If a person dies in a public place in an area in which he had no permanent place of residence and the body of that person is not claimed by any person interested within the prescribed time, the authorized officer shall take possession of such unclaimed body and except in the case referred to in sub-section (3), hand it over to authority in-charge of an approved institution, if it is required by that authority, for the purpose specific in sub-section (1). (3) When there is any doubt regarding the cause of death or when for any reason the authorized officer considers it expedient so to do, he shall forward the unclaimed body to police officer referred to in section 174 of the Code of Criminal Procedure, 1973. (4) Where any unclaimed body taken possession by authorized officer under this section is not required by the authority in-charge of an approved institution for the purpose specific in sub-section-(1) it shall be disposed of in the manner as may be prescribed. ### 5. Donation of bodies or part thereof of deceased persons for anatomical examination etc. (1) If any person at any time before his death had expressed an intention in writing or orally in presence of two or more witnesses that his body or any part of his body be given to an approved institution for being used after his death for the purpose of conducting anatomical examination and dissection or other similar purpose, any person interested may, unless he has reason to believe that the said intention was subsequently revoked, authorize the removal of the dead body or such part thereof to any approved institution for use in accordance with such intention. (2) Without prejudice to the provision of sub-section -(1), such person interested may authorize the removal of whole body or any part of the body for use for the purposes specified in sub-section (1) unless he has reason to believe - (i) That the deceased had expressed an objection to his body or any part thereof being so dealt with after his death, and had not withdrawn such objection; or (ii) That any near relative of the deceased refused to the explanation of clause (iv) of section 2 objects to the body being so dealt with. (3) Subject to the provisions of sub-section (4) and (5), the removal and use of the whole body or any part of the body in accordance with an authority given in pursuance of this section shall be lawful, and shall be sufficient warrant for the removal of the body or any part thereof and its use for the purposes of this Act. (4) The body of any part of the body of any deceased person shall not be removed for any of the purposed specified in sub-section (1) from any place where such person may have died,- (i) Within forty eight hours from the time of such person's death; or (ii) Until after twenty four hours notice (to be reckoned from the time of such death) to the Executive Magistrate of the intended removal of the body; or The Arunachal Pradesh Extraordinary Gazette, June 13, 2017 3 (iii) Unless a certificate stating in what manner such person came by his death shall, previously to the removal of the body has been signed by the registered medical practitioner who attended such person during the illness, then by a registered medical practitioner who shall be called in after the death of such state the manner and cause of death according to the best of his knowledge and belief but who shall not be concerned in dealing with the body for any purposes aforesaid removal and in case of such removal, such certificate shall be delivered together with the body to the authority in-charge of an approved institution receiving the same for any of the purpose aforesaid. (5) If the person interested has reason to believe that an inquest or a postmortem examination of such body may be required to be held, in accordance with the provisions of any law for the time being if force, the authority for the removal of the body or any part thereof shall not be given under this section except with the consent of the authority empowered to hold an inquest or order postmortem under such law. ### 6. Doubt or dispute as to near relative to be referred to Magistrate of the First Class. (1) If any doubt or dispute arises whether a person is or is not a person interested for the purpose of section 4, the matter shall be referred to a Magistrate of the First Class at the Head Quarter and the decision of such Magistrate shall be final. (2) Pending such decision, the body of the deceased person shall be preserved from decay for a period of two weeks in such manner as may be prescribed. ### 7. Penalty. - Whoever disposes of or abets the disposal of, an unclaimed body save as provided by this Act, or obstructs any authority in-charge of an approved institution or an authorized officer from handing over, taking possession of, removing or using, such dead body for the purposes specified in section 4, shall be punishable with fine which may extend to five thousand rupees. ### 8. Duty of Police and other officers to assist in obtaining possession of unclaimed bodies. - Every staff of the Police, Medical and Public Health Departments, Local authority, and all village authorities shall be bound to take all reasonable measures to assist authorized officers in the discharge of their duties under this Act. ### 9. Protection of persons acting under this Act. - No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act. ### 10. Power to make rules. - The State Government, may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
65b91facab84c7eca86e85c7	acts	State of Uttar Pradesh - Act ------------------------------ U.P. Kshettra Panchayats (Conduct of Proceedings) Rules, 1962 --------------------------------------------------------------- UTTAR PRADESH India U.P. Kshettra Panchayats (Conduct of Proceedings) Rules, 1962 =============================================================== Rule U-P-KSHETTRA-PANCHAYATS-CONDUCT-OF-PROCEEDINGS-RULES-1962 of 1962 ------------------------------------------------------------------------ * Published on 14 November 1962 * Commenced on 14 November 1962 U.P. Kshettra Panchayats (Conduct of Proceedings) Rules, 1962 Published vide Notification No. 4772-A/33-25-R-61, dated 14th November, 1962 In exercise of the powers under Section 237 of the Uttar Pradesh [Kshettra Panchayats] [Substituted by U. P. Act No. 9 of 1994.] and [Zila Panchayats] [Substituted by U. P. Act No. 9 of 1994.] Adhiniyam, 1961 (U. P. Act No. 33 of 1961) read with Section 85 of the said Adhiniyam, the Governor of Uttar Pradesh is pleased to make the following rules relating to the conduct of proceedings of Kshettra Panchayats after previous publication with Notification No. 2904-A/33-25-R-61, dated October 16, 1962, as required under sub-section (2) of Section 237 of the said Adhiniyam : ### 1. Short title. - These rules may be called the Uttar Pradesh [Kshettra Panchayats] [Vide Notification No. 4772-A/33-25-R-61, dated 14th November, 1962.] (Conduct of Proceedings) Rules, 1962. ### 2. Commencement and extent. - They shall come into force from the date of their publication in the Gazette. ### 3. Definitions. - In these rules unless the context otherwise requires,- (i) "Act" means the U. P. [Kshettra Panchayats] [Substituted by U.P. Act No. 9 of 1994.] and [Zila Panchayats] [Substituted by U.P. Act No. 9 of 1994.] Adhiniyam, 1961; (ii) "Circle" and "Gaon Panchayat" shall have the meanings assigned to them under the U.P. Panchayat Raj Act, 1947; (iii) "Committee" means a committee of a [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] ; (iv) ["Kshettra Panchayat"] [Substituted by U.P. Act No. 9 of 1994.] means a [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] established under Section 5 of the Act; (v) "Member" means a Member of a [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] and shall include an additional member thereof; (vi) "Pramukh" means the Pramukh of a [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] ; (vii) "Sign" includes the placing of left thumb-impression; (viii) "Section" and "sub-section" shall mean the "section" and "subsection" of the U. P. [Kshettra Panchayats] [Substituted by U.P. Act No. 9 of 1994.] and [Zila Panchayats] [Substituted by U.P. Act No. 9 of 1994.] Adhiniyam, 1961; and (ix) ["Zila Panchayat"] [Substituted by U.P. Act No. 9 of 1994.] means [Zila Panchayat] [Substituted by U.P. Act No. 9 of 1994.] established under Section 17 of the Act. ### 4. Date, time and place of meetings. (1) A meeting of a [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] may be convened as provided in Section 84. (2) The notice about the date, time and place of every meeting shall be sent or caused to be sent, by the Khand Vikas Adhikari to each member by post at his last known address under certificate of posting at least ten days before the date of the meeting ; Provided that a notice of shorter period than ten days may be given for an emergent me a date, time and place of the next meeting is decided in a particular meeting, no notice shall be required to be sent to the members attending that meeting unless any change is made in date, time or place so fixed. (3) A meeting may be spread over more than one day and may consist of more sittings than one. ### 5. Roll of members. - A roll of the members shall be placed at the place of the meeting and every member shall, before taking his seat, sign the roll. ### 6. Seating arrangement. - The members shall sit in such order as may be determined by the Pramukh. ### 7. Transaction of Business. (1) The list of business for a meeting shall be prepared by, or under the authority of, the Khand Vikas Adhikari in consultation with the Pramukh and shall be sent to the members. (2) A member who wishes to move a resolution in a meeting shall send by post or deliver, to the Khand Vikas Adhikari a notice of the resolution (hereinafter referred to as "non-official resolution") along with a copy thereof. The notice if received fifteen days before the date fixed for the meeting and admitted by the Pramukh, shall, subject to the provisions of Rule 19, be included in the agenda of business for the meetings. ### 8. Arrangement at the agenda of business. - The list, of business shall be arranged in the following orders, namely- (a) confirmation of the minutes of the last meeting where, they have not already been confirmed at a previous meeting; (b) papers to be laid on the table of the [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] for information; (c) any election by the [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] ; (d) consideration of letters from Government or any of its officer; (e) reading of, and discussion on a communication, if any, sent by the District Magistrate, or Sub-Divisional Officer as the case may be, under Clause (d) of sub-section (1) of Section 235 read with sub-section (3) of Section 236; (f) any motion regarding change of the order of the business; (g) matters relating to urgent official business; (h) proceedings of committees; (i) questions; (j) non-official resolutions of which notice has been received from members and which have been admitted by the Pramukh, and included in the agenda of the meeting; (k) other official business; and (l) presentation of the accounts of the period elapsed since the last meeting for information and confirmation. ### 9. Quorum. (1) No business shall be transacted at a meeting of the [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] unless there be present at least one-half of the total number of members for the time being where the business is required under any provision of the Act or the rules made thereunder to be transacted by a social resolution and one-third of such members in any other case. (2) If a meeting is adjourned for want of quorum no quorum shall be necessary for the adjourned meeting but a fresh notice in writing of the meeting shall be given. ### 10. President of the meeting. - In the absence of the Pramukh and the senior or junior up-Pramukh from the meeting, the members present shall elect, one of them to preside over the meeting. ### 11. Questions. (1) Notice of a question shall be given at least eight days before the meeting of the [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] at which it is to be asked, and a copy of the question shall be submitted with the notice, provided that the Pramukh may allow a question to be asked, with shorter notice than eight days or may extend the time of answering a question. (2) A question may be asked by any member for the purpose of obtaining information on any matter pertaining to the administration of the [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] . (3) The member asking a question shall be personally responsible for the accuracy of any statement made therein. (4) No question shall- (i) bring in any name or statement not strictly necessary to make the question intelligible; (ii) contain arguments, inferences, ironical expressions, imputations or defamatory statements; (iii) ask about the character or conduct of any person except in his official or public capacity; (iv) pertain to the individual grievances or complaints of persons employed with the [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] ; (v) repeat, in substance, a question already answered or to which an answer has been refused; (vi) ask for any information on a matter which is under adjudication by a Court of law; or (vii) be of excessive length. (5) The Pramukh may, within the period of notice, disallow any question or any part of a question, on the ground that it relates to a matter which is not primarily the concern of the [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] and if he does so the question or part of the question shall not be placed on the list of a question. (6) The Pramukh shall decide on the admissibility of a question, and may disallow any question when in his opinion, it is an abuse of the right of questioning, or is in contravention of these rules or on the ground that it cannot be answered in the public interest. (7) The questions which have not been disallowed shall be entered in the list of questions for the day in the order in which they are received by the Pramukh and shall be called, if the time made available for questions permits, in the order in which they stand on such list. (8) A member putting a question may withdraw the same at any time before the answer is given at the meeting but, in any such case the question shall be expunged from the minutes. (9) No question shall be asked in an emergent meeting nor on any other day except the first day of any other meeting and the time allowed for questions shall not exceed thirty minutes at any meeting. (10) The Khand Vikas Adhikari may, with the permission of the Pramukh orally answer interpolations and supplementary questions thereon. (11) Answers to all questions shall be given orally. (12) Interpolations shall not be adjourned. (13) All questions on the list which remain unanswered at the expiration of the time allowed for questions shall be deemed to have lapsed. ### 12. Publicity of meetings. - A meeting of the [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] shall be open to only such members of the public as are permitted in this behalf by the Pramukh. Permission shall be given to the members of the public having regard to the available accommodation and in the order of the request made in this behalf. ### 13. Power to maintain order. - Where at any meeting of the [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] any member or other person refuses to comply with any direction of the Pramukh ruling any business, discussion or matter out of order, or otherwise regulating the conduct of members or of business, or where any member or person wilfully disturbs the meeting, the Pramukh may require such members or person to withdraw from the meeting and in the event of his not doing so, may employ against him such force as is necessary, or in good faith he believes it to be necessary, for the purpose of removing and excluding him from the meeting. ### 14. Exclusion of members from certain proceedings. (1) The Pramukh may prohibit any member from voting on or taking part in the discussion, on any subject coming up for consideration at a meeting of the [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] , if the subject is one, in which, apart from general application to the public, he believes such member to have directly or indirectly a personal interest or in which he is professionally interested on behalf of a client, principal or other person. (2) Such member may challenge the decision of the Pramukh who shall thereupon put the question in the meeting of the [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] and the decision of the [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] shall be final. (3) If the Pramukh is believed by any member present at the meeting to have any similar interest in any subject under discussion, the Pramukh may, if a motion to that effect is carried, be required to absent himself from the meeting during such discussion. ### 15. Decision by vote. (1) All questions which may come before a [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] shall be decided by a majority of the vote of the members present and voting and in case of equality of votes, the Pramukh shall have a second or casting vote. (2) When a question is put to vote, the Pramukh shall call for a show of hands and he shall count the hands shown for or against and declare the result. ### 16. Business to be transacted by special resolution. - The following class of business shall be transacted by a special resolution alone- (i) all matters in respect of which the obligation to transact the business by special resolution has been specifically laid down in the Act or any rule made thereunder; (ii) delegation or resumption of any power or function under Section 34; (iii) agreeing to take over any new function delegated under Section 34; (iv) consideration of and approving the draft Plan of the Khand under Section 86; (v) appointment of committees under Section 87 (1) and (2); (vi) making investment under Section 101 (3); (vii) transfer of property under Section 107; (viii) passing the budget under Section 115 (4); (ix) fixing or levying of fees under Section 144; (x) declaration of a private street as public street under Section 190; and (xi) paying compensation under Section 191 (5). ### 17. Language to be used at meetings. - The business at a meeting of that [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] shall be transacted in Hindi. ### 18. Official resolution. - All resolutions received from any of the Committee appointed under Section 87 and placed before the [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] and all other resolutions relating to the administration of the [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] sponsored by the Pramukh shall be classed as official resolutions. ### 19. Non-official resolution. (1) Subject to the conditions hereinafter appearing, any member may move a non-official resolution relating to a matter concerning the administration of the [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] . (2) The Pramukh shall decide on the admissibility of a resolution and shall disallow any resolution which in his opinion contravenes the provisions of the Act or the rules made thereunder, and his decision on the point shall be final. (3) Every resolution shall be of an affirmative character clearly and precisely expressed and shall raise a definite issue. It shall not contain arguments, inferences, ironical expressions or defamatory statements nor shall it refer to the conduct or character of any person except in his official or public capacity. (4) Notwithstanding anything contained in sub-rule (2) of Rule 7, the Pramukh may for reasons to be recorded by him, allow a resolution to be considered for inclusion in the list of business in respect of which a shorter notice than that laid down in the aforesaid sub-rule, has been given. (5) If the member, when called on, is absent the resolution standing in his name shall be considered to have been withdrawn. (6) Every resolution which has been moved shall be seconded, otherwise it shall not be discussed, nor shall any question be put on it. (7) The discussion on a resolution shall be strictly limited to the subject of the resolution. ### 20. Procedure for moving official resolutions. - All official resolutions shall be moved from the chair and it shall not be necessary that the same may be seconded by any member to entitle them to be considered. ### 21. Point of order. - Any member may, at any time during the meetings submit a point of order for the decision of the Pramukh and in doing so shall confine himself solely to stating the point. ### 22. Duration of speeches. - No speech, otherwise than with the permission of the Pramukh, shall exceed seven minutes in duration except that the mover of a resolution in moving the same may speak for ten minutes : Provided that the Pramukh may reduce or increase the time prescribed therein accordingly as the occasion may demand. ### 23. Rules to be observed while speaking. (1) A member while speaking shall not- (i) comment on any matter on which a judicial decision is pending; (ii) make a personal charge against a member; (iii) use offensive expressions about the conduct of proceedings of Parliament, or of the Legislature of any State, or of any other [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] or [Zila Panchayat] [Substituted by U.P. Act No. 9 of 1994.] . (iv) utter defamatory words, or (v) use his right of speech for the purpose of obstructing the business of the [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] . (2) No member may speak more than once on a motion except the mover who shall have the right of reply. ### 24. Minute book and resolutions. (1) The names of the members present and the proceeding held and resolutions passed at a meeting of a [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] shall be entered in a book to be called the minute book, which shall be written in Hindi in devnagri script. (2) Copies of every resolution passed by a [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] at a meeting shall, within ten days from the date of the meeting be forwarded to the Sub-Divisional Magistrate exercising jurisdiction in the area, to the Adhyaksha of the [Zila Panchayat] [Substituted by U.P. Act No. 9 of 1994.] through the Mukhya Adhikari. (3) The minutes of a meeting shall be read out at the same meeting or the next ensuing meeting and after being passed as correct by the members and in case it relates to the previous meeting by a majority of those members who were present in such previous meeting, shall be certified as passed under the signature of the Pramukh. (4) A resolution of a [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] shall not be modified or cancelled within six months after the passing thereof- (a) unless previous notice has been given setting forth fully the resolution which it is proposed to modify or cancel and the motion or proposition for the modification or cancellation of such resolution, and (b) except by a resolution supported by not less than one-half of the total number of the members of the [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] for the time being. ### 25. Right to Government servants, persons authorised by the State Government and other persons to attend and take part in discussion. (1) The Sub-Divisional Officer having jurisdiction in the area or any other officer specified by Government may attend any meeting of the [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] or any committee thereof and address it on any subject with which the [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] or the Committee, as the case may be, is concerned. (2) The following officers of Government or any district level officer or any officer of office-bearer of the [Zila Panchayat] [Substituted by U.P. Act No. 9 of 1994.] of the district may and when so requested by [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] shall attend any particular meeting of the [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] and tender such advice or render such assistance relating to the affairs of the [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] as may be necessary or required of him- (i) Assistant Engineer (Canals) an Assistant Engineer (Tube-wells) exercising jurisdiction in the area; (ii) Assistant Engineer (P.W.D.) exercising jurisdiction in the area; (iii) Civil Surgeon of the district or his nominee: (iv) District Inspector of Schools; (v) Divisional Forest Officer or his nominee exercising jurisdiction in the Khand; (vi) Assistant Registrar, Co-operative Societies, exercising jurisdiction in the district or the District Co-operative Officer, as the case may be; (vii) District Livestock Officer; (viii) District Industries Officer; (ix) District Statistics Officer; and (x) District Agriculture Officer. (3) The following officers of Government shall be entitled to attend and address any meeting of [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] or any Committee or Sub-Committee thereof on any matter affecting their respective departments : (i) Commissioner for Agricultural Production and Rural Development and every officer subordinate to him not below the rank of Assistant Development Commissioner; (ii) Director of Medical and Health Services and every officer subordinate to him not below the rank of Assistant Director; (iii) Director of Agriculture and every officer subordinate to him not below the rank of Assistant Director; (iv) Director of Animal Husbandry and every officer subordinate to him not below the rank of Assistant Director; (v) Registrar, Co-operative Societies and every officer subordinate to him not below the rank of Deputy Registrar; (vi) Director of Industries and every officer subordinate to him not below the rank of Assistant Director; (vii) Director of Social Welfare and Harijan Welfare and every officer subordinate to him not below the rank of Assistant Director; (viii) Director of Panchayats and every officer subordinate to him not below the rank of Deputy Director; (ix) Director of Education and every officer subordinate to him not below the rank of Assistant Director; (x) Director of Fruit Utilisation; (xi) Chief Engineer, Public Works Department and the Superintending Engineer exercising jurisdiction in the district; (xii) Chief Engineer, Irrigation Department and the Superintending Engineer exercising jurisdiction in the district; (xiii) Chief Engineer, Local Self-Government Engineering Department and the Superintending Engineer exercising jurisdiction in the district; (xiv) Chief Engineer, Town and Village Planning Department. (xv) Superintending Engineer, Minor Irrigation and officers subordinate to him not below the rank of Executive Engineer; and (xvi) Commandant General, Prantiya Rakshak Dal. ### 26. Right to officers of [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] in regard to meeting of [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] and Committees and Subcommittees thereof. (1) The Khand Vikas Adhikari any Assistant Development Officer exercising jurisdiction within the Khand and any other officer employed with the [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] , not below the rank of Group II Inspector, may attend any meeting of the [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] or any Committee or Sub-Committee thereof and tender such advice or tender such assistance relating to the affairs of the [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] it may be necessary or required of him : Provided that whenever the [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] or any Committee or Sub-Committee thereof wishes any such officer to attend a meeting, the date on which he is required to attend shall be fixed in advance in consultation with him. He will be informed of the purpose for which his attendance is desired. ### 27. Procedure of committee of [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] . (1) The Chairman of a committee may, on his own motion or upon the written request of the Pramukh of the [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] or of not less than two members of the committee, call a meeting of the committee. (2) No business shall be transacted at a meeting of a committee for a [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] unless there be present at least one-half of the total number of members for the time being, where the business is required under any provisions of the Act or the rules made thereunder, to be transacted by a special resolution and one-third of such member in any other case. (3) Where it is necessary to postpone any business at a meeting for want of the prescribed quorum, the Chairman shall adjourn the meeting to another date and business postponed for want of the prescribed quorum shall be transacted on such other date notwithstanding any deficiency in the number of members present. (4) If at a meeting the Chairman of the Committee is absent, its Vice-Chairman and if the Vice-Chairman also is absent, the person who is elected by the members present, other than the co-opted members, if any, out of themselves shall preside at the meeting. He shall perform all the duties and may exercise all the powers and be subject to all the obligations of the Chairman while so presiding. (5) No business which is required under any provision of the Act or the rule made thereunder to be transacted by a special resolution shall be transacted in a meeting of a committee unless previous notice of the intention to transact such business has been given. (6) No resolution other than an official resolution shall be considered by a committee unless it is seconded by another member of the committee. (7) The provisions of Rules 20, 21, 22 and 24 shall apply mutatis mutandis to the meetings of committees : Provided that Rule 24 shall for this purpose be so construed as to require that copy of every resolution passed by a committee shall be forwarded to the [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] . (8) A committee may require its Secretary or any other officer of the [Kshettra Panchayat] [Substituted by U.P. Act No. 9 of 1994.] to supply or produce at any of its meeting- (a) any return, statement, estimates, statistics or other information relating to any matter or subject falling within the purview of the committee; (b) any report, correspondence or plan or other document or a copy thereof which is in his possession or control of such officer and which is relevant for the consideration by the committee or any matter falling within its purview : Provided that in the event of any doubt whether any return, statement, statistics or other information or any report, correspondence, plan or other document asked for by a committee relates to a matter of subject falling with the purview of such committee or is relevant for the consideration of any such matter or subject by such committee, the same shall be referred to the Pramukh whose decision shall be final. (9) The compliance of the requisition made under sub-rule (8) shall be made by the concerned officer without unreasonable delay. (10) Members of a committee may, within the limits of time fixed by the chairman, ask any questions with a view to eliciting information connected with any subject or matter falling within the purview of the committee. Where such a question is asked by any member, the Chairman shall, as far as possible, furnish the required information forthwith. Where the required information cannot be readily furnished, it shall be so done on a suitable future date to be fixed by him. The provisions of sub-rules (1), (4), (5) and (6) of Rule 11 shall apply mutatis mutandis to the questions asked under this sub-rule, provided that the reference to Pramukh in these sub-rules shall be deemed reference to the Chairman.
65b99956ab84c7eca86e96b7	acts	State of Haryana - Act ------------------------ Punjab Jail Manual -------------------- HARYANA India Punjab Jail Manual ==================== Rule PUNJAB-JAIL-MANUAL of 1927 --------------------------------- * Published on 27 April 1927 * Commenced on 27 April 1927 Punjab Jail Manual Last Updated 5th July, 2019 Chapter I Introductory --------------------------- ### 1. Enactments relating to jails and prisoners. - The enactments regulating the establishment and management of jails, the confinement, treatment and transfer of prisoners, the maintenance of discipline amongst them and other matters relating to prisoners, are as follows :- Act IX of 1894, the Prisons Act as amended by the Prisons Punjab (Amendment) Act, 1926 (Punjab Act IX of 1926); Act III of 1900, the Prisoners Act as amended by Act 1 of 1903, the Repealing and Amending Act, 1903; Regulation III of 1818, for the confinement of State prisoners; Act XXIV of 1855, an Act to substitute penal servitude for the punishment of transportation in respect of European and American convicts; Act VIII of 1897, the Reformatory Schools Act; Act IV of 1912, the Indian Lunacy Act; Act V of 1908, the Civil Procedure Code; Act II of 1973, the Criminal Procedure Code; and Act XLV of 1860, and amending Acts, the Indian Penal Code. The Punjab Borstal Act, 1926. Punjab Good Conduct Prisoners Probational Release Act of 1926. Act XXXIX of 1950, Transfer of Prisoners Act. Punjab Act XII of 1952, Punjab Habitual Offenders (Control and Reform) Act. Act XXXII of 1955, Prisoners (Attendance of Court) Act. Act II of 1962, The Punjab Good Conduct Prisoners (Temporary Release) Act. Act XX of 1958, Probation of Offenders Act 1958. Some of the Acts specified are printed entire in Appendix No. 1. In the case of the remaining Acts, such portions as are likely to be of use to Jail officers and do not appear in the Manual, will be found in the same Appendix. ### 2. [ Definitions prescribed in the Prisons Act, 1894. [Section 3, Act IX, 1894.] - In the Prisons Act] :- (1) "prison" means any jail or place used permanently or temporarily under the general or special orders of a Local Government for the detention of prisoners, and includes all lands and buildings appurtenant thereto, but does not include - (a) any place for the confinement of prisoners who are exclusively in the custody of the police; (b) [ any place specially appointed by the Local Government, under Section 541 of the Code of Criminal Procedure, 1898;] [Section Act V 1898.] or (c) any place which has been declared by the Local Government by general or special order, to be a subsidiary Jail; (2) "criminal prisoner" means any prisoner duly committed to custody under the writ, warrant or order of any Court or authority exercising criminal jurisdiction, or by order of a court-martial; (3) "convicted criminal prisoner" means any criminal prisoner under sentence of a Court or Court Martial, and includes a person detained in prison under the provisions of Chapter VIII of the Code of Criminal Procedure, 1898, or under the Prisoners' Act, 1900; (4) "civil prisoner" means any prisoner who is not a criminal prisoner; (5) "remission system" means the rules for the time being in force regulating the award of remission to, and the consequent shortening of sentences of prisoners in jail; (6) "history ticket" means the ticket exhibiting such information as is required in respect of each prisoner by this Act or the rules thereunder; (7) Cancelled. (8) "Medical Subordinate" means an Assistant Surgeon, Apothecary or qualified Sub-Assistant Surgeon; and (9) [ "Prohibited article" means an article the introduction or removal of which into or out of a prison is prohibited by any rule under the Prisons Act.] [See paras 606 and 607.] ### 3. [ Definitions prescribed in rules made under Act IX of 1894. [Part II, Section III, Rule I.] - In these rules, unless a different intention appears from the subject or context, the expression-] (a) "Casual" means any convicted criminal prisoner who is not a "habitual" as hereinafter defined; (b) "Central Jail" means any prison in which criminal convicted prisoners are received, for the purpose of undergoing their sentences, by transfer from any other jail and in which such prisoners are not, when committed to prison, in the first instance ordinarily received. Provided that no jail shall be deemed to be a central jail unless and until the Local Government shall have declared it to be such; (c) "compartment" means any room, workshop, godown or other covered in, enclosed and protected place in a jail, other than a cell or ward; (d) "convict" means a convicted criminal prisoner; (e) Cancelled. (f) "District Jail" means any prison to which prisoners from one or more districts are, in the first instance, ordinarily committed and includes every jail other than a central jail or a special jail, as in this section defined; [Note [See para 1004.] - A temporary prison provided under Section 7 of the Prisons Act, 1894, would unless constituted a central or special jail, be a district jail,] (g) "Habitual" or "habitual criminal" means - (i) [ Any person convicted of an offence whose previous conviction or convictions under Chapter XII, XVI, XVII or XVIII of the Indian Penal Code taken by themselves or with the facts of the present case show that he habitually commits an offence or offences punishable under any or all of those chapters;] [P.G. letter No. 3518 (H. Jails), dated 28th January, 1929.] (ii) Cancelled; (iii) any person committed to or detained in prison under Section 123 (read with Section 109 or Section 110) of the Code of Criminal Procedure; (iv) any person convicted of any of the offences specified in (i) above when it appears from the facts of the case even although no previous conviction has been proved that he is by habit a member of a gang of dacoits, or of thieves or a dealer in slaves or in stolen property; (v) any member of a criminal tribe, subject to the direction of the Local Government concerned; (vi) any person convicted of an offence and sentenced to imprisonment under the corresponding Sections 6 of the Indian Penal Code and the Code of Criminal Procedure as applied by order under the Indian (Foreign Jurisdiction) Order in Council 1902, or by the authority of any Prince or State in India; (vii) any person convicted by a court or tribunal acting outside India under the general or special authority of His Majesty, of an offence which would have rendered him liable to be classified as a habitual criminal if he had been convicted in a court established in British India. Explanation - For the purposes of this definition the word "conviction" shall include an order made under Section 118, read with Section 110, of the Criminal Procedure Code. Note 1 :- The classification of a convicted person as a habitual criminal should ordinarily be made by the convicting court but if the convicting court omits to do so, such classification may be made by the District Magistrate, or, in the absence of an order by the convicting court or District Magistrate, and pending the result of a reference to the District Magistrate, by the officer incharge of the jail where such convicted person is confined. Provided that any person classed as a habitual criminal may apply for a revision of the order. Note 2 :- The convicting court or the District Magistrate may for reasons to be recorded in writing, direct that any convicted person or any person committed to or detained in prison under Section 123, read with Section 109 or Section 110 of the Code of Criminal Procedure shall not be classed as a habitual criminal and may revise such direction. Note 3 :- Convicting courts or District Magistrates, as the case may be, may revise their own classifications and the District Magistrate may alter any classification of a prisoner made by a convicting court or any other authority provided that the alteration is made on the basis of facts which were not before such court or authority. Note 4 :- The expression "District Magistrate" wherever it occurs in Notes 1, 2 and 3 above means the District Magistrate of the district in which the criminal was convicted, committed or detained. The expression includes a Presidency Magistrate. Note 5 :- Every habitual criminal shall as far as possible be confined in a special jail in which no prisoner other than habitual criminals shall be kept :Provided that the Inspector-General of Prisons may transfer to this special jail any prisoner, not being a habitual criminal, whom for reasons to be recorded in writing, he believes to be of so vicious or depraved a character and to exercise, or to be likely to exercise, so evil an influence on his fellow prisoners, that he ought not to be confined with other non- habitual prisoners but a prisoner so transferred shall not otherwise be subject to the special rules affecting habitual criminals. Note 6 :- With reference to rule 1(V) above a habitual offender is defined in Section 2(3) of Punjab Act No. XII of 1952 as a person, -(a) who, during any continuous period of five years, whether before or after the commencement of this Act, has been convicted and sentenced to imprisonment more than twice on account of any one or more of the offences mentioned in the Schedule to this Act, committed on different occasions and not constituting parts of the same transaction; and(b) who has, as a result of such convictions, suffered imprisonment at least for a total period of twelve months. Explanation. 1 :- A conviction which has been set aside in appeal or revision and any imprisonment suffered in connection therewith shall not be taken into account for the above purpose. Explanation 2. - In computing the period of five years, any period spent in jail either under a sentence of imprisonment or under detention shall not be taken into account. (h) "Inspector-General" means the Inspector-General for the time being, of prisons in the Punjab; (i) "Juvenile" means any prisoner who has not attained the age of eighteen years; (j) "Special Jail" means any prison provided for the confinement of a particular class or particular classes of prisoners, and classed as a Special Jail by the Local Government; (k) "Subordinate Officer" means and includes every officer of a prison other than the Superintendent and the Medical Officer thereof; (l) "Under sentence" means under sentence of transportation or of imprisonment of either description; and (m) "Probation Officer" means a Probation Officer as defined in the Good Conduct Prisoners Probational Release Rules, published with Punjab Government Notification No. 13273 dated 27th April, 1927." words importing the masculine gender shall be taken to include females, and words in the singular shall include the plural, and vice versa. ### 3A. [ [Haryana Government Gazette April 11, 1972.] Aim of Handling Prisoners. - The aim of handling prisoners is guidance and correction for re-habilitation in society. For this purpose each institution will have facilities for moral, physical, educational and vocational training.] Chapter II Classification of Jails --------------------------------------- ### 4. [ Three kinds of Jai. [G. I. No. 121, dated 14th March, 1900 and P.O. No. 143, dated 31st March, 1900.] - Jails shall be of three kinds, namely, Central Jail, Special Jails and District Jails.] ### 5. Cancelled. ### 6. Special Jails, power to declare or establish. - (1) The Local Government may from time to time, in its discretion, declare any jail to be a Special Jail for the purposes of these rules or establish a Special Jail at any place.] [G. I. No. 121, dated 14th March, 1900 and P.O. No. 143, dated 31st March, 1900.] (2) No Jail shall be deemed to be a Special Jail, within the meaning of these rules, unless it has been declared to be so or established as such under clause (1). (3) The Lahore Female Jail shall be deemed to be a Special Jail established under this rule. ### 7. [ District Jails. [G. I. No. 121, dated 14th March, 1900 and P.O. No. 143, dated 31st March, 1900.] - All Jails, other than Central Jails and Special Jails, shall be deemed to be District Jails.] ### 8. [ Classes of District Jails. [G. I. No. 121, dated 14th March, 1900 and P.O. No. 143, dated 31st March, 1900.] (1) There shall be four classes of District Jails, namely, District Jails of the first, second, third and fourth classes, respectively.] (2) [ The class to which any District Jail shall be deemed, during any year to belong, shall be determined by the Inspector-General, in or about the month of April in each year, in accordance with the average number of prisoners confined in such Jail during the preceding year ending on the thirty-first of March, in the manner following :-] [Resol. No. 217, dated 29th September, 1908.] \| \| \| \| --- \| --- \| \| Class of District \| Mean daily average number of prisoners confined in Jail \| \| First \| Five hundred or more. \| \| Second \| Three hundred or more, but not more than four hundred and ninety- nine. \| \| Third \| One hundred and fifty or more, but not exceeding two hundred and ninety-nine. \| \| Fourth \| Less than one hundred and fifty. \| ### 9. [ When a Central Jail may also be District Jail. [G.I. No. 121, dated 14th March 1900 and P.G. No. 143, dated 31st March 1900.] - The Local Government may declare any Central Jail to be for all or any purposes also a District Jail.] Chapter III Establishments ------------------------------- ### 10. [ Officers of prisons. [Section 6 Act, IX, 1894 see Para 20.] - For every prison there shall be a Superintendent, a Medical Officer (who may also be the Superintendent), a Medical Subordinate, a Deputy Superintendent and such other officers as the Local Government thinks necessary.] ### 11. [ Scale of pay of an Indian Medical Service Officer when appointed Superintendent of a Central Jail. [G. of I. Resol. No. 206, dated 3rd March 1921.] - The rates of pay of officers of the Indian Medical Service in civil employment, are shown in the following statement :] \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Rank \| Service and Rank \| Basic Pay \| OVERSEAS PAY \| Years of total service \| \| If drawn in sterling \| If drawn in rupees \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| \| \| \| Rs. \| Pounds \| Rs. \| \| \| \| \| \| \_ \| 150 \| 1 \| \| Lieut. \| \| 500 \| \_ \| 150 \| 2 \| \| \| \| \| \_ \| 150 \| 3 \| \| Capt. \| i) During first 3 years' service as Captain \| 650 \| \_ \| 150 \| 4 \| \| \| \| \| 15 \| 150 \| 5 \| \| \| \| \| 15 \| 150 \| 6 \| \| \| ii) With more than 3 and less than 6 year's service as Caption. \| 250 \| 26 \| 250 \| 7 \| \| \| \| \| 25 \| 250 \| 8 \| \| \| \| \| 25 \| 250 \| 9 \| \| \| iii) With more than 6 years' service as Captain. \| 850 \| 25 \| 250 \| 10 \| \| \| \| \| 25 \| 250 \| 11 \| \| \| \| \| 30 \| 250 \| 12 \| \| \| \| \| \| \| and over \| \| Major \| i) During first 3 years' service as Major \| 950 \| \| \| \| \| \| ii) With more than 3 and less than 6 years' service as Major. \| 1,100 \| \| \| \| \| \| iii) With more than 6 years' service as Major. \| 1,250 \| \| \| \| \| Lieut-Col. \| i) Until completion of 23 years total service \| 1,500 \| \| \| \| \| \| ii) During 24th and 25th years' of service \| 1,600 \| \| \| \| \| \| iii) After completion of 25 year's total service \| 1,700 \| \| \| \| \| \| iv) When selected for increased pay. \| 1,850 \| \| \| \| N.B. - Until the completion of service as Major basic pay is regulated according to rank and service in rank (column 1 and 2) which, owing to the system of accelerated promotion may be in advance of the time scale of promotion. Overseas pay is regulated solely with reference to length of total service (column 6). Note :- For Superintendents of Central Jails the rates of pay in columns (3) and (5) of the statement are increased by Rs. 150 a month. ### 12. [ Scale of pay for officers of the Indian Medical Department when holding charge of a Central Jail. [P.G. No. 108 74 dated 29th March 1923.] (1) Officers of the Indian Medical Department when holding charge of a Central Jail in the Punjab will draw consolidated pay at the rate Rs. 750-40-950/50-1,150 per mensem subject to the condition that they will not draw less than their pay of rank plus Rs. 150 per mensem.] (2) All service as Civil Surgeon or as Superintendent of a Central Jail or a Central Lunatic Asylum whether officiating or permanent will count for increments in this scale. ### 13. Appointment of Inspector-General. - [The post of Inspector- General of Prisons is reserved for an Officer of the Indian Medical Service, who shall be appointed thereto by the Governor-General in Council in accordance with Regulation 5 of the Regulations] [Enclosure to the Government of India Deptt. of Education, Health and Lands Letter No. 430 dated the 5th July, 1923 P.G. No. 37043 (H. Jails) dated 12th December, 1930.] framed by the Secretary of State of India in Council under Rule 12 of the Devolution Rules. In recommending an appointment to the office of Inspector-General the Local Government will give its preference to a Commissioned Medical Officer who has been employed in charge of a Central Jail, provided a suitable officer is available. ### 14. [ Private practice for Superintendents of Central Jails. [Resol. No. 10-610-623 of 9th November, 1882.] - The Superintendent of a Central Jail may, if the Local Government is of opinion that such permission can be allowed without detriment to the proper performance of his duties and accords its sanction, be permitted to engage in private practice.] ### 15. [ Free quarter and the grant of house rent. [Resol. No. 12-500-509 of 6th September, 1893.] - All Superintendents of Jails and factory managers of Central Jails who live in buildings attached to the Jail, or in quarters specially provided close to the Jail, are exempt from the liability to pay rent. The grant of house rent when quarters are not provided is contingent on the official providing himself with a residence within a distance convenient for the purpose of his duties at the Jail, and provided by the Inspector-General.] ### 16. Cancelled. ### 17. Cancelled. ### 18. Cancelled. ### 19. Cancelled. ### 20. [ Permanent establishment sanctioned for each Jail. [See Para 289.] (1) Under the provision of Section 6 of the [Prisons Act, 1894,] the Local Government has, in addition to the officers prescribed in that section, sanctioned a scale of with specified rates of pay for each Jail. No permanent establishment in excess of the scale allowed in each case can be entertained without the sanction of Government.] (2) [ When it is proposed to apply for an increase to the permanent establishment of any Jail, a proposition statement (A.F. No. 85) in triplicate should be submitted.] [Art. 63 C-A Code, Vol. 1.] Chapter IV General Supervision ----------------------------------- Section I The Inspector-General ### 21. [ Appointment and powers of the Inspector-General. [Section 3 Act IX 1894.] - An Inspector- General shall be appointed for the territories subject to each Local Government and shall exercise, subject to the orders of the Local Government, the general control and superintendence of all prisons situated in the territories under such Government.] ### 22. Cancelled. ### 23. Cancelled. ### 24. Cancelled. ### 25. Power to entertain temporary establishment. (1) The Inspector- General may, from time to time, in respect of any jail entertain or sanction the entertainment of temporary establishment in accordance with the Book of Financial Powers. (2) Every, temporary subordinate officer shall be subject to the same liabilities as regards transfer, promotion, removal and punishment as are, under these rules, applicable to subordinate officers permanently employed. ### 26. [ Supply of articles to jails. Sale of manufactured articles. [G.I. No. 121 dated 14th March, 1900 & P.G. No. 143 dated 31st March, 1900. See Paras 1118 & 1114.] - Subject to the general control of the Local Government and the provisions of these rules, the Inspector-General may enter into all such arrangements as be necessary for the construction of all works relating to, and the supply to all articles for use in, or in any way relating or incidental to or connected with, jails and for the sale of all articles manufactured in jails.] Note 1 - Part N, VII of the resolution of the Government of India under 33 and 34 Vict., Chapter 59 No. Judicial/3481- 501 dated the 28th March, 1895, empowers the Inspector-General of Prisons to execute deeds, contracts and other instruments for the supply of articles for use in jails or regarding the sale of articles manufactured in jail. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ [Note 2 [Punjab Government memorandum No. 1684-J.P./25289, dated the 20th August, 1936.] - Rules for the supply of Jail-made articles to the officials of the Punjab Jail Department and to Departments of Government are contained in appendices XVIII and XIX respectively.] ### 27. [ Provision of funds, expenditure and accounts. [G.I. No. 121, dated 14th March, 1900, and P.G. No. 143, dated 31st March, 1900.] - Subject to the arrangements for securing due budget provision and the allotment of funds to meet the expenditure of the Jail Department, made under the orders of the Local Government in that behalf, the entire control over all expenditure on the maintenance of jails and on all matters in any way relating or incidental to, or connected with the administration of Jails, shall vest in the Inspector-General :] Provided that the Inspector-General shall in all respects comply with the requirements as to the submission, of estimates the expenditure of money, the management and audit of accounts and the like of the Accountant- General of the Punjab, and of the rules and order of Government in the Accounts Department : Provided further that the expenditure incurred on - (a) public works; (b) the supply of stationery and the like; (c) the supply of medical stores; and (d) the Indian Stores Depot; shall be regulated according to the rules, and by heads of the Departments concerned. ### 28. [ Monthly audit of expenditure by Inspector-General. [G.I. No. 121, dated 14th March, 1900 and P.G. No. 143, dated 31st March, 1900.] - Subject to the provisions of the preceding rule, the Inspector-General shall cause monthly bill of all expenditure of whatever description, on or relating to jails, be sent regularly to him and shall himself audit such bills or cause them tobe duly audited under his direction and orders.] ### 29. Cancelled. ### 30. [ Petty Contracts. [Part II, Rule 35.] (1) Any contract for the supply of any article to the extent of the estimated requirements of any jail for a period not exceeding six weeks shall be deemed to be a petty contract.] (2) Subject to the control of the Inspector-General, petty contracts may be made by the Superintendent. ### 31. [ All other contracts require previous sanction. [Part II, Rule 36.] - No contract, other than a petty contract, shall be made by any officer, other than the Inspector-General without the sanction, in writing, to be previously obtained, of the Inspector-General.] ### 32. Inspection by the Inspector-General. - It shall be the duty of Inspector-General, as far as may be, personally to visit and inspect every Jail at least once in each year, and to satisfy himself that the provisions of the Prisons Act, 1894, and all rules, regulations, directions and orders made or issued thereunder, applicable to such jail, are duly obeyed and enforced, and that the management of such jail is in all respects efficient and satisfactory. A note recording the result of each visit and inspection shall be made in a [register] [Part II, Rule 37.] to be maintained by the Superintendent for the purpose. ### 33. Duties of the Inspector-General at inspections. - In accordance with the provisions of the preceding rule, the Inspector-General shall at his inspection of each jail, ordinarily - (a) [ see all yards, wards, cells, worksheds, store rooms, kitchens and latrines, noting their state of repair, sanitary condition and efficiency, the extent to which the structural arrangements permit of the separation of the different classes of prisoners as required by the Prisons Act of 1894 and rules made thereunder and whether these arrangements are availed of to the fullest extent; [See Paras 567 and 568.] (b) examine the Jail garden and note its condition as to its capabilities to supply vegetables and anti-scorbutics in sufficient quantities to all the prisoners and whether it has been successfully cultivated or otherwise; (c) note any defects in the water-supply and conservancy arrangements; see that the sick are carefully attended to, and that the food is of proper quality and quantity; (d) see every prisoner then in confinement in the Jail, noting any circumstances of importance requiring attention, such as the adaptation of tasks to physique and capabilities, the condition and sufficiency of the clothing, the employment of fetters, the working of the remission system, the award of punishments and afford every prisoner a reasonable opportunity of making any application or complaint and investigation such as relate to Jail discipline; (e) inspect the warder establishment as to its proficiency, inspect of the arms and accoutrements and test the ability of the upper subordinates to drill the guard; (f) satisfy himself that the arrangements for guarding both by day and night are satisfactory; (g) satisfy himself that economy is practised in the matter of all purchases; (h) satisfy himself that all accounts and registers are maintained according to the rules in force, that proper arrangements are made for the sale custody of all records, and that due regard is paid to all requirements of the law and rules made thereunder; and (i) record his opinion of the manner in which the jail is administered, the extent to which officers appear familiar with their duties, together with any suggestions he may wish to make and any orders he may desire to issue to the Superintendents. ### 34. [ A copy of minute when to be submitted to Government [P.G. letter No. 26 (Home) of 18th January, 1898.] - A copy of any part of the minute required by the preceding paragraph which deals with matters which should, in the opinion of the Inspector-General, be brought to the notice of Government, shall be forwarded by the Inspector-General to the Local Government.] ### 35. [ Annual Report returns. [Part 38.] - The Inspector-General shall, as soon after the close of each calendar year as possible and not later than the first day of May in each such year, submit to the Local Government a report on the administration of Jails, together with such statistical and other statements, returns and information, and in such form as the Local Government may from time to time, by executive direction, require.] ### 36. Channel of communication. - In the absence of any direction to the contrary, the Inspector-General shall be the channel of communication between the Government and all Superintendents and other officers of the Jail Department. ### 37. [ Removal of prisoners. [Section 29 of Act III of 1990, as amended by Act 1 of 1903.] (1) The Governor-General in Council may, by general or special order, provide for the removal of any prisoner confined in a prison -] (a) under sentence of death; or (b) under, by or in lieu of, a sentence of imprisonment or transportation; or (c) in default of payment of a fine; or (d) in default of giving security for keeping the peace or for maintaining good behaviour to any other prison in British India. (2) The Local Government, and (subject to its order and under its control) the Inspector-General of Prisons may, in like manner, provide for the removal of any prisoner confined as aforesaid in a prison in the Province to any other in the Province. ### 38. [ Inspection of criminal lunatics by the Inspector-General or visitors. [Section 30 of the Indian Lunacy Act IV of 1911.] (1) When any person is confined under the provisions of Section 466 or Section 471 of the Code of Criminal Procedure, 1898, the Inspector-General of Prisons, if such person is confined in a jail or the visitors of the asylum or any two of them, if he is confined in an asylum, may visit him in order to ascertain his state of mind, and he shall be visited once at least in every six months by such Inspector-General or by two of such visitors as aforesaid; and such Inspector-General or visitors shall make a special report as to the state of mind of such person to the authority under whose order he is confined.] (2) The Local Government may empower the officer in charge of the jail in which such person may be confined to discharge all or any of the functions of the Inspector-General under sub-section (1).aras 901 and 903. ### 39. [ Inspector-General, a visitor of all Mental Hospitals. [See Appendix No. 1.] - Under the provisions of Section 28(2) of Act IV of 1912, the Inspector-General is ex- officio a visitor of all Mental Hospitals within the Province.] Section II ### 40. - Cancelled. Section III The District Magistrate ### 41. [ District Magistrate to visit and inspect jails. [Part II, Rule 23.] (1) It shall be duty of the Magistrate of the District from time to time to visit and inspect jails situated within the limits of his district and to satisfy himself that provisions of the Prisons Act, 1894, and of all rules, regulations, directions and orders made or issued thereunder, applicable to such jails, are duly observed and enforced.] (2) In all matters relating to the discipline maintained in and the management of Jails, the Magistrate of the district or other Magistrate visiting and inspecting any Jail under the provisions of these rules shall discharge his duties subject to the general control of the Inspector-General. (3) A record of the result of each visit and inspection made, shall be entered in a [register] [Visitors book.] to be maintained by the Superintendent for the purpose. ### 42. [ When District Magistrate is unable to visit Jail. [Part II, Rule 24.] - In the absence of the Magistrate of the district from headquarters, or in the event of that officer being at any time unable from any cause to visit the Jail in the manner in these rules prescribed in that behalf, he shall depute a Magistrate subordinate to him who is available for the duty, to visit and inspect the Jail on his behalf. Any officer so deputed may, subject to the control of the Magistrate of the district, exercise all or any of the powers by the Prisons Act, 1894, or these rules, conferred upon the Magistrate of the district.] ### 43. [ Powers conferred on the District Magistrate by Act IX of 1894. [See paras 44 and 45.] - [Under Section 11(2) , Act IX of 1894,] the Superintendent of a jail other than a Central Jail, shall obey all orders not inconsistent with the Prisons Act, or any rule thereunder which may be given respecting the prison by the District Magistrate, subject so such general or special directions as may be given by the Local Government.] ### 44. [ Exercise by District Magistrate of powers under the Prisons Act. [Part II, Rule 22.] (1) The orders passed under sub-section (2) of Section 11 of the Prisons Act, 1894, should, except in emergent case in which immediate action is, in the opinion of such Magistrate, necessary be so expressed that the Superintendent may have time to refer (if he thinks necessary) to the Inspector-General before taking action thereon.] (2) [ All orders issued by the Magistrate of the district shall, if expressed in terms requiring immediate compliance, be forthwith obeyed and a report made, as prescribed in the said sub-section, to the Inspector- General.] [FSee Para 66.] ### 45. [ District Magistrate to communicate with Superintendent. [Part II, Rule 25.] - The District Magistrate shall not address any communication or order to any officer of any Jail other than the Superintendent. All orders issued by the District Magistrate shall be in writing.] [General directions under sub-section (2) of Section 11, issued by the Local Government.] [See para 66.] (a) The District Magistrate's orders should ordinarily be issued in the form of an entry in the visitors book. The District Magistrate is not required to interfere in matters of detail affecting the management of a Jail. He should beware of action having a tendency to weaken the authority of the Superintendent over subordinate jail officers and prisoners. (b) In matters of an emergent and important character, affecting the safety of the public, the jail or the prisoners, it is open to the District Magistrate to take all such measures as may be necessary in the special circumstances of the case, and all actions taken should be promptly reported to higher authority. (c) If the Magistrate gives an order to which the Superintendent takes exception, the latter officer may represent the matter to the Inspector-General, but he shall forthwith obey any order which is not clearly inconsistent with the Prisons Act or any rule made thereunder and does not involve any immediate risk or danger. In the event of his hesitating to obey any order on any of these grounds, he shall, in case of urgency, obtain the Inspector-General's orders by telegraph. (d) In cases which are not urgent, the Superintendent will refer, in the ordinary course, to the Inspector-General and will communicate that Officer's reply, without delay, to the Magistrate. ### 46. [ Procedure when the office of Superintendent is temporarily vacant, or the Superintendent is prevented from discharging his duties. [Part II, Rule 26.] (1) In the event of any temporary vacancy occurring in the office of Superintendent of any jail or of the Superintendent being from any cause, unable to discharge or prevented from discharging the duties of his office, the fact shall forthwith be brought to the notice of the Magistrate of the district within the limits of which such jail is situated, by either the Superintendent or the next senior officer of such jail.] (2) Upon receiving information under clause (1) or otherwise, of any temporary vacancy in the office of Superintendent of any jail, or of the fact that the Superintendent of any jail, is from any cause unable to discharge or prevented from discharging the duties of his office, the Magistrate of the district, within the limits of which such jail is situated, shall - [(a) if such Jail is a Central or a Special Jail - either himself assume charge of such jail or place one of the Magistrates subordinate to him in charge thereof pending the filling up of the vacancy or the return to duty of the Superintendent, and shall report that he has done so, and the circumstances rendering such course necessary, without delay, to the Inspector-General;] (b) if such jail is a District Jail - make such arrangements as he may think fit for carrying on the duties, of the Superintendent, until the vacancy is filled up or the Superintendent returns to duty : Provided that in making such arrangements he shall do so either by himself taking charge of such jail, or placing a Magistrate subordinate to him or an Assistant Surgeon of not less than ten years' service in charge thereof.] Chapter V Visitors ----------------------- ### 47. Visitors - Power of Local Government to appoint. (1) Visitors of jails shall be either - (a) ex-officio, (b) (1) officials or (2) non-officials, appointed by name. (2) [ The following officers and such others as Government may from time to time appoint in this behalf shall be ex-officio visitors of every jail within the respective areas under their charge or within their jurisdiction :-] [P.G. No. 22896 (H. Jails), dated 8th September, 1922 and No. 832 (H. Jails), dated 12th January, 1927.] (a) Commissioners of Divisions. (b) District and Sessions Judges. (c) District Magistrates. (d) Sub-Divisional Magistrates. (e) Deputy Inspector-General of Police. (f) Superintendents of Police. (g) Reclamation Officer, Punjab. (h) Director of Industries, Punjab. ### 48. Visits by official Visitors. - [(1) Commissioners and Sessions Judges are required to visit the jails at their headquarters once in three months and, once a month, and those in other districts of their divisions when on tour.] [P.G. letter No. 120 of 12th March, 1894.] (2) District and Sub-Divisional Magistrates or Magistrates subordinate to them and appointed by them in this behalf are to visit the jails in their several jurisdictions once a week. ### 49. Duties of official visitors. - [(1) Any official visitor may examine all or any of the books, papers and records of any department and may interview any prisoner confined in the jail.] [Part II, Rule 270.] (2) It shall be the duty of every official visitor to satisfy himself that the provisions of the Prisons Act, 1894 and of all rules, regulations, orders and directions made or issued thereunder, are duly observed, and to hear and bring to notice any complaint or representation made to him by any prisoner. ### 50. Non-official visitors, Term of office, Appointment. - [(1) The Local Government may appoint such number of persons to be non-official visitors in respect of any jail as it may think fit.] [Part II, Rule 269.] (2) Every non-official visitor so appointed shall hold office, as such, for two years, but may be reappointed on the expiration of that term. ### 51. [ Non-official visitors to be gazetted. [P.G. Letter No. 120 of 12th March, 1894.] - The names of such gentlemen as are willing to undertake the important duties and are appointed non-official visitors of specified jails, shall be notified in the Punjab Government Gazette.] [See Para 6.] [Note [P.G. Cir. No. 7-528 of 12th December, 1905.] - When the period of appointment of a non-official visitor is drawing to a close, the Deputy Commissioner of the district in which the jail is situated shall represent the fact to the Commissioner of the Division and at the same time submit the recommendation for filling the appointment for a further period of two years. The Commissioner will then send on his proposals direct to Government, submitting at the same time the necessary draft notification for publication in the Gazette.] ### 52. Visit by non-official visitors. - Every non-official visitor is expected to interest himself in, and visit the jail of which he is a visitor, once a month, and oftener if possible. Intimation of the intended visit need not be given. No visit should be made after the prisoners have been locked-up for the night or on the King's Birthday, Good Friday and Christmas Day or any jail holiday. Note - It is to be distinctly understood that permission to visit jails on Sundays is a concession which is not to be abused. Sunday visits are not to be encouraged. They should be the exception rather than the rule. ### 53. [ Duties of all visitors. [Part II, Rule 271.] - All visitors shall be afforded every facility for observing the state of the jail, and the management thereof, and shall be allowed access under proper regulations, to all parts of the jail and to every prisoner confined therein.] [Every visitor should have the power to call for and inspect any book or other record in the jail unless the Superintendent, for reasons to be recorded in writing, declines on the ground that its production is undesirable. Similarly, every visitor should have the right to see any prisoner and to put any questions to him out of the hearing of any jail officer. There should be one visitors' book for both classes of visitors, their remarks should in both cases be forwarded to the Inspector-General who should pass such orders as he thinks necessary, and a copy of the Inspector- General's order should be sent to the visitor concerned.] [P.G. letter No. 22896 (Jails) , dated 8th September, 1922.] ### 53A. Board of visitors. - Once in every quarter not less than two ex- officio and one non-official visitors, of which one unless prevented by unavoidable cause, shall be the District Magistrate, shall constitute a Board and visit the jail of which they are visitors. The District Magistrate shall be the ex-officio Chairman of the Board. The Board should meet at the jail on such days as the District Magistrate may determine, and will inspect all buildings and prisoners, hear any complaints and petitions that may be preferred, inspect the prisoners' food and see that it is of good quality and properly cooked, inspect the punishment book and satisfy themselves that it is kept up-to-date. ### 53B. Duties of visitor. - All visitors, official and non- official, at every visit shall- (a) inspect the barracks, cells, wards, workshed and other buildings of the jail generally and the cooked food; (b) ascertain whether considerations of health, cleanliness, and security are attended to, whether proper management and discipline are maintained in every respect, and whether any prisoner is illegally detained, or is detained for an undue length of time, while awaiting trial; (c) examine jail registers and records; (d) hear, attend to all representations and petitions made, by or on behalf of prisoners; and (e) direct, if is deemed advisable, that any such representations or petitions be forwarded to Government. ### 53C. [ Time of visit. [Punjab Government No. 1197-JL 38/164, 67, dated the 29th April, 1938.] - No visit should be made after the prisoners have been locked for the night or on any of the following days, namely :-] (1) His Majesty the King Emperor's Birthday. (2) Christmas Day. (3) Good Friday. (4) Baisakhi. (5) Dusehra. (6) Id-ul-Zuha. (7) Id-ul-Fitr. (8) Id-i-Milad. (9) Guru Nanak's Birthday. (10) Guru Gobind Singh's Birthday. ### 53D. Punishing the Prisoners for complaints made to visitors. - No prisoner shall be punished for any statement made by him to a visitor unless an enquiry made by a Magistrate results in a finding that it is false. ### 53E. Respect for Visitors. (1) Due respect should be paid to the official and non-official visitors and their request for information should be complied with readily. (2) No visitor can be allowed to go round a jail without an escort which is necessary for his personal safety. But on the demand of the visitor, the guard should withdraw from earshot of the prisoner so as to permit of private communication between the visitor and the prisoner out of the hearing of the guard. (3) Any visitor is at liberty to go round the jail un-attended except for a warder escort, if he so desires : Provided that the visitor shall in no case interview a prisoner convicted of sedition or of an offence into which the element of sedition has entered except in the presence of the Superintendent or the Deputy Superintendent. (4) Except on the occasion of the visit of the Board of Visitors no visitor can claim to be accompanied on his rounds by the Superintendent, Deputy Superintendent or Assistant Superintendent. [Visitors are not permitted without the express consent of the Superintendent to interview more than one prisoner at a time. Anything in the nature of a meeting or conference whether for the discussion of political topics or the ventilation of jail grievances, is strictly prohibited.] [P.G. letter No. 16489 (H. Jails), dated 11th June, 1926.] All private interviews with the prisoners will normally be subject to a time limit of ten minutes. If a visitor wishes to exceed this limit, he should give his reasons for doing so in writing to the Superintendent. ### 53F. Duties of lady visitors. - Lady visitors, when appointed to a jail where females prisoners are confined, shall have the same powers and duties as the male visitors, except that their functions shall extend only to the female prisoners and female wards and that they shall have nothing to do with the male portion of the jail. ### 54. Date of visit to be recorded. Copy of remarks to be sent to certain officers. - [(1) Every visitor shall, after he has completed his visit to the jail record, in the visitors book, the date and hour of his visit and may enter therein any remarks or suggestions he may wish to make.] [Part 81, Rule 2871.] (2) A copy of the record made by every visitor together with the Superintendent's reply thereto or the action taken by the Superintendent thereon, shall be forwarded to the Inspector-General and in the case of any remark made relative to the long detention of any unconvicted prisoner a copy of such remark shall also be forwarded to the Magistrate of the district. ### 55. Disposal of the record made by a visitor. - [(1) Any remarks made by a visitor under the preceding rule should be limited to a statement and fair criticism of actual facts which may come to his knowledge and to such suggestions as he may desire the Superintendent or Inspector-General to consider. Criticism should be confined to such aspects of the ordinary administration of the jail as the visitor may consider susceptible of alteration or improvement, and should on no account directly reflect either favourably or adversely on the character or conduct of any of the jail staff. Should the visitor wish to bring to notice what he considers to be the good or bad work of any official he should do so by letter addressed to the Inspector-General of Prisons, Punjab and Haryana.] [P.G. letter No. 218 of 4th June, 1897.] (2) The Inspector-General may pass orders on any record made by a visitor, and shall if any question of importance is raised, which in his opinion, requires the orders of the Local Government forward such record to the Local Government. In the case of remarks entered in the visitors book by Commissioners of Divisions, a copy of the record with the comments (if any) of the Superintendent and the Inspector-General, shall invariably be forwarded to the Local Government. (3) A copy of any order passed by the Inspector-General or by Government, on any record made by a visitor, shall be communicated to the visitor concerned through the Superintendent. [Note [P.G. letter No. 22896 (H. Jails), dated 8.9.22.] - A spare of the list will be kept at the main gate and handed over to a visitor on the occasion of his visit to the jail. Each such official visitor will be supplied with a copy on his appointment.] ### 56. Admission of Police Officer and the interrogation of prisoners by them. - [(1) The Superintendent of Police or any Assistant Superintendent of Police, may, for any purpose connected with the discharge of his duty as such Police Officer, be permitted to enter the jail at any time.] [Part II, Rule 273.] (2) Police officers of subordinate rank to those specified in clause (1), who may be detailed for the duty, shall be permitted to enter the jail :- (a) for the purpose of recognising old offenders at the time of the Superintendent's weekly parade, and (b) for the purpose of conducting operations for the identification of prisoners during working hours on any week day. (3) No Police Officer shall, at any time, upon any pretext whatsoever, be allowed to enter any female ward or any cell or compartment in which any female is for the time being confined or present, without the permission in writing, of the Superintendent. (4) No Police Officer shall be permitted to interrogate any prisoner, except in so far as may be necessary for the identification of such prisoner, without an order in writing from the District Magistrate, addressed to the Superintendent. (5) Any interview, permitted under an order from the District Magistrate shall take place in the presence of the Deputy Superintendent or other proper officer of the jail, who shall keep at such a distance that he may not hear the conversation that takes place. Note - For the purposes of clause (2) , jail officer should give every assistance by parading separately, if required, any prisoners whom the police may desire to inspect for purposes of identification. ### 57. Rank of officer deputed to interrogate a prisoner. - A Police Officer deputed to interrogate a prisoner under the provisions of clauses (4) and (5) of the preceding rule, should ordinarily not be below the rank of an Assistant Sub-Inspector. ### 58. Police Officer to be in uniform. - No subordinate Police Officer shall be admitted to a Jail unless he is in proper uniform. ### 59. [ Officer of the P.W.D. may enter the Jail during business hours. [Part II, Rule 274.] - The Superintending Engineer of the Circle, the Executive and Assistant Engineers of the District and their employees, shall, during business hours, have free access to the jail to such extent as may be necessary for purposes connected with the discharge of the official duties of their Department, but not otherwise.] ### 60. [ Special permission to be accorded to other persons [Part II, Rule 275.] ] - [Save as herein before in these rules provided, no person shall be admitted into any Jail unless he is accompanied by or has obtained the permission, in writing, of the Superintendent, the Magistrate of the District, or the Inspector-General.] [See para 310.] Chapter VI Jail Officers ----------------------------- Section I The Superintendent ### 61. Appointments to office of Superintendent to be gazetted. - [(1) All appointments to and changes in the office of Superintendent of a jail, other than those arising in consequence of temporary absences, shall be notified in the Punjab Government Gazette.] [Part II, Rule 39.] [(2) Temporary vacancies. - Every temporary [vacancy] [See para 46.] , in the office or absence or abstention from duty on the part of the Superintendent of any Jail shall be forthwith reported, by such Superintendent or, in his absence, by the Deputy Superintendent or, Senior Officer of the jail then present, to the Magistrate of the District.] ### 62. Superintendents of Central Jails. - The appointment of an officer to be Superintendent of a Central Jail is specially made by Government. ### 63. [ Superintendents of District Jails. Conditions as to first appointments. [Part II, Rule 48, P.G. Cir. 33-3991-2 of 17th October, 1877 and 153 of 24th April, 1883.] - In the case of District Jails in respect of which no special officer is appointed to the office of Superintendent, the office of Superintendent shall ordinarily be held by the Civil Surgeon for the time being of the district in which such Jail is situated :] Provided that no officer appointed to the office of Civil Surgeon who has not previously held charge of a jail, may be appointed to be the Superintendent of a jail, without the previous approval of the Local Government. Note - For the purposes of the proviso to clause (1) of this rule the Magistrate of the District shall, if he desires to recommend a Civil Surgeon who has not previously held charge of a jail, for appointment to the office of Superintendent, forward to the Inspector-General sufficient evidence that the officer whom he recommends - (a) possesses an adequate colloquial knowledge of the vernacular for the purposes of discharging the duties of Superintendent; (b) is acquainted with the Prisons Act, 1884, and the rules, regulations, orders and directions, respectively, made and issued thereunder; and (c) possesses sufficient knowledge of the Prisons Act, Prisoners Act, Code of Criminal Procedure and other laws to enable him to efficiently discharge the magisterial and other functions appertaining to the officer in charge of a jail. ### 64. Cancelled. ### 65. [ Exercise of power of Superintendent and Medical Officer. [Section 62, Act IX, 1894.] - All or any of the powers and duties conferred and imposed by this Act on a Superintendent or Medical Officer may in his absence be exercised and performed by such other officer as the Local Government may appoint in this behalf either by name or by his official designation.] ### 66. [ Duties of Superintendent generally stated. [Section 11, Act IX, 1894.] (1) Subject to the orders of the Inspector-General, the Superintendent shall manage the prison in all matters relating to discipline, labour, expenditure, punishment and control.] (2) [ Subject to such general or special directions as may be given by the Local Government, the Superintendent of a prison other than a central prison or a prison situated in a presidency town shall obey all orders not inconsistent with the Prisons Act or any rule thereunder which may be given respecting the prison by the District Magistrate, and shall report to the Inspector-General all such orders and the action taken thereon.] [See paras 43, 44 and 45.] ### 67. [ Duties of Superintendent with regard to records. [See Para 1125.] - Under Section 12 of Act IX of 1894, the Superintendent is required to keep or cause to be kept, certain specified records and such other records as may be prescribed under Section 60 or 50 of the said Act.] ### 68. [ General duties of the Superintendent. [Part II, Rule 42.] - It shall be the duty of every Superintendent of a Jail to -] (a) provide for the support, care and custody of and control over, all prisoners at any time confined in the jail; (b) maintain order and discipline amongst the prisoners confined, and the Subordinate officers employed, in the jail; (c) control all expenditure relating to the jail; (d) [ inquire into and adjudicate upon all alleged prison-offences and breaches of discipline and to punish all those who are found guilty of having committed any such prison-offence or breach of discipline in due course of law;] [See Para 683.] and (e) generally to take all such measures as may be necessary or expedient for the proper protection and management of the jail and of all prisoners at any time confined therein and for the purpose of giving effect to and enforcing the provisions of the Prison Act, 1894, and all rules, regulations, orders and directions made or issued thereunder, as may be applicable thereto or to any prisoner confined therein or any officer thereof. ### 69. [ Duties discharged subject to control. [Part II, Rule 43.] - The Superintendent shall discharge his duties subject to the control of and all orders passed by him shall be subject to revision by the Inspector-General.] ### 70. [ Superintendent to visit Jail daily. First duty at each visit. [Part II, Rule 44.] (1) The Superintendent shall visit the jail at least once on every working day, and on Sundays and holidays also whenever special circumstances render it desirable that he should do so if, from any cause, the Superintendent is prevented from or unable to visit the jail on any day on which he is by this rule, required so to do, he shall record the fact and cause of his absence in his journal.] (2) [ The first duty of the Superintendent, on the occasion of his daily visit to the jail, shall be to release time-expired convicts, in accordance with the provisions of the law and these rules in that behalf, and shall in discharging this duty, in particular, observe the rules relating to the return of their private property and the grant of proper subsistence allowance to such convicts.] [See paras 526 and 528.] ### 71. Prisoners to be seen daily, in certain cases once every two days. - The Superintendent of a District Jail shall, as far as practicable, see every prisoner in his charge daily and the Superintendent of a Central Jail shall likewise see every prisoner in his charge once in every two days. ### 71A. [ Inspection of food by Superintendent. [P.G. No. 36838 (H. Jails) dated 10th December, 1926.] - The Superintendent of a Jail shall inspect the food prepared for prisoners' meals at least three times in each week.] ### 72. Superintendents who are Civil Surgeons, may absent themselves for specified periods. (1) A Superintendent who is also a Civil Surgeon or in Civil Medical charge of a district - (a) [ shall not, except with the permission of the District Magistrate first obtained, go on tour so as to prevent his daily visit to the jail for more than two consecutive days;] [P.G. letter No. 260 of 11th June, 1889.] and (b) [ may, with the consent of the District Magistrate, absent himself for two periods during the year of not less than ten or more than fourteen days' duration each, the District Magistrate being responsible that satisfactory arrangements are made for the Medical and Administrative superintendence of the Jail, during such absence.] [P.G. letter No. 260 of 11th June, 1889.] (2) Cancelled. (3) When any Superintendent is permitted to absent himself from visiting his jail for more than two consecutive days, the arrangements made for the performance of his duties during his absence shall be reported to the Inspector-General. (4) [ Superintendents of Jails proceeding on tour for the periods specified do not forfeit their jail allowances, the officers acting for them being deemed to be in charge of the current duties only.] [See paras 10 G. of I. letter No. 433 of 9th October, 1895.] ### 73. [ Superintendent to visit Jail periodically at night. [Para II, Rule 45.] - The Superintendent shall visit the jail after lock-up and between the hours of sunset and sunrise, -] (a) if he is a whole-time Superintendent at least once a fortnight, (b) if he is a part-time Superintendent at least once a month. and shall satisfy himself, at each such visit, that the jail is properly secured and guarded and that all rules and orders in any way relating to or connected with the nightly disposition of prisoners, warders and officers of the jail and the duties to be performed by warders and officers at night, are duly observed and carried out. [Note - The number of night visits paid should be shown on the reverse of quarterly Statement No. 1 (Form No. 17).] [P.G. No. 32585 (H. Jail), dated 5th November, 1930.] ### 74. [ Jails to be inspected and maintained in an efficient state. [Part II, Rule 46.] - The Superintendent shall frequently visit and inspect every barrack, yard, cell, workshop and latrine, as well as the armoury, warders lines and every other part of the jail and its precincts and all premises belonging or attached thereto, or connected therewith, and shall satisfy himself that all buildings, structures, enclosing walls and the like are secure and are maintained in the best possible state of repairs, and that every part of the said jail precincts and premises is kept clean and in an efficient sanitary condition.] ### 75. [ Superintendent to visit hospital. Measures to prevent the spread of disease. [Part II, Rule 47.] - The Superintendent shall visit the Jail hospital frequently and shall carry into effect, or cause to be carried into effect, all written directions given by the Medical Officer in regard to the proper segregation of prisoners suffering, or believed or suspected to likely to suffer, from any infectious or contagious disease. He shall, whenever necessary, and without delay, take all reasonable measures for cleansing and disinfecting every place at any time occupied by any such prisoner and for washing, disinfecting, by fumigation or otherwise, or destroying, as may be most expedient, all wearing apparel, bedding or other articles which are infected or foul or may be believed or suspected to be infected or foul.] ### 76. [ Superintendent to visit jail garden at least once a week. [Part II, Rule 48.] - The Superintendent shall visit the jail garden at least once a week and satisfy himself that all necessary measures are being taken therein for the purpose of cultivating and producing an ample and continuous supply of vegetables, condiments and anti-scoubics for consumption by the prisoners; that the land included in the garden is kept in proper order and free from weeds, that the trenching of filth and refuse from the jail is effectively and duly conducted, that stable litter and other manure is suitably disposed of and that the premises generally are maintained in good sanitary condition.] ### 77. Superintendent to see to the storage of grain. - The Superintendent shall see that at the proper season when grain is cheapest, a sufficient quantity of each kind of grain required for consumption by the prisoners and for which there is storage room, is duly stored for use; that proper arrangements are made for the preservation of the grain, and that the grain so stored is of good quality. He shall also render superintendence of other jails all the assistance in his power in the purchase of foodstuffs or other articles that may be procurable at his station at favourable rates. ### 78. [ Superintendent to check the stock and plant half-yearly. [See page 224.] - The Superintendent should check every article of store at least once in six months and record in the remarks column of the store register whether the balance checked on a certain date was correct or incorrect and what discrepancies if any, were noted. A note of this check should also be made in his journal and the discrepancies, if any, should be reported to the Inspector-General at once.] Note 1. - The checking of articles should be so arranged that the Superintendent checks one-half in one quarter which the Dy. Superintendent should check in the second quarter and vice versa. In this way every article will be checked once in three months either by the Superintendent or the Deputy Superintendent. The certificate of the check shall be submitted to the I.G. in form No. 52 soon after the 1st January, and the 1st July, each year. The Superintendent on taking over charge, need not check the stores, but he should examine the books to see what articles have not been checked by his predecessor in the half year and should check these during the remaining period of the half year. Note 2. - When shortages are found as a result of a check made in any of the stores, or as a result of an audit report by the Accountant- General, Punjab (Outside Audit Section), the Superintendent shall take immediate action to fix responsibility for the shortages among the officials concerned. If the total value of the stores found short does not exceed Rs. 50, he will conduct the necessary enquiry and submit his report in a self-contained form with a recommendation to the Inspector-General for orders. If the total value of the shortages exceeds Rs. 50, he will conduct an enquiry strictly in accordance with paragraph 182 of the Punjab Jail Manual against the officials whom he thinks are responsible for the shortages and submit his report with recommendations to the Inspector-General for orders. ### 79. [ Weekly inspection parade of prisoners. [Part II, Rule 48.] (1) The Superintendent shall hold a weekly parade of all prisoners for the time being confined in the Jail for purposes of muster and inspection. The parade shall ordinarily be held on the Monday of each week.] (2) At each parade held under the preceding clause, the Superintendent shall satisfy himself - (a) [ that every prisoner is properly classified as provided in the rules in that behalf;] [See Chap. XVII.] (b) [ that every prisoner is provided with proper clothing and bedding as provided in the rules in that behalf;] [See Chap. XXXVIII.] (c) that every prisoner is clean both in person and clothing; (d) [ that the provisions of the remission rules are understood by the prisoners, and that each prisoner knows the extent of remission (if any) thereunder which he has earned;] [See. Chap. XX.] and (e) generally that the rules and orders applicable to prisoners are being duly carried out. (3) The Superintendent shall, at every such parade, hear every request or complaint (if any) which any prisoner may desire to make and shall, in due course, inquire into and pass orders thereupon. [Note [P.G. No. 17774 (H. Jails) dated 5th August, 1925.] - On such parades, every prisoner shall neatly arrange his bedding, spare clothing, history ticket, cup and platter on the front end of his sleeping mat and sit or stand at attention at the other end, exposing the palms of his hands to the Superintendent's view.] ### 80. [ Checking and counting prisoners twice daily. [Part II, Rule 50.] - The Superintendent shall cause the prisoners to be checked and counted at least twice on each day, namely, at the hour of opening the wards in the morning and of locking up the prisoners in the evening.] ### 81. [ Jail business to be transacted on Jail premises. [Part II, Rule 51.] - The Superintendent shall ordinarily transact all business relating to the jail on the premises thereof, and shall not, otherwise than in cases of necessity or emergency, require the attendance of the Deputy Superintendent or Assistant Superintendent at any place without and beyond such premises.] ### 82. Distribution of duties amongst subordinate officers. - [The Superintendent shall record, or cause to be recorded, in writing, an order showing the distribution of duties amongst subordinate officers and the nature and extent of the ditties allotted to each such officer :] [Part II, Rule 52.] Provided that nothing contained in any order recorded under this rule shall be deemed in any way to relieve the Deputy Superintendent of his general responsibility, under the Superintendent, for the entire management of the jail, or to relieve the Deputy Superintendent or any other subordinate officer of his liability to discharge any duty on him imposed by any law or rules for the time being in force. Note - The division of labour amongst officers employed in the Jail Office should be so allotted as to enable the Superintendent to fix responsibility for errors in the jail records, with precision and without leaving any possibility of dispute. A copy of the distribution of clerical work will be put up an maintained in a conspicuous place in the Jail Office. ### 83. [ Superintendent to inquire into all prison-offences and record punishments. [See Chap. XIX.] - The Superintendent shall hold an inquiry touching every offence committed or alleged to have been committed by a prisoner and punish such offence in the manner in that behalf provided in the law and rules relating to punishment. He shall record, with his own hand, all orders for punishment and shall satisfy himself that every punishment so ordered is duly carried into effect in accordance with law :] Provided that if from any cause the Superintendent is, at any time, physically incapacitated from making such record, he shall cause the same to be made in his presence and under his directions. ### 84. [ Superintendent to visit jail when an unusual occurrence is reported. [See paras 212 (f) and 410(a).] - When the Deputy Superintendent reports any unusual occurrence requiring immediate action, the Superintendent shall forthwith proceed to the jail to investigate the case and take such measures as may under the circumstances be necessary. He shall make a report of the matter in his journal.] ### 85. Record of sentence of whipping to be made by Superintendent. - The order for the punishment of any offence not punishable by whipping, shall be entered by the Superintendent on the prisoner's history ticket, and such order may be copied into the prescribed register of punishments by a subordinate officer. In every case in which the punishment of whipping is ordered, the Superintendent shall make the necessary entries on the history ticket of the prisoner concerned and shall also himself enter the punishment and other particulars prescribed by Section 51 of the Prisons Act, 1894, in the punishment-book and shall initial the entries so made. ### 86. [ Appointment and punishment of subordinate officers. [Part II, Rule 55.] (1) The Superintendent shall exercise such powers, in regard to the appointment and punishment of subordinate officers, as are specified in the rules relating to such officers.] (2) [ The Superintendent may at any time, inquire into and record his opinion on the conduct of any subordinate officer. In conducting all such inquiries he shall be guided by the provisions of the rule in that behalf hereinafter contained.] [See Chap. VI, Section VI(e) .] ### 87. [ Superintendent to report all important occurrences. [Part II, Rule 56.] - The Superintendent shall report at once by telegram to be followed by a detailed report to the Inspector-General, as they occur -] (a) [ all serious breaches of jail discipline;] [Paras 412 and 422.] (b) every case in which any prisoner escapes or attempts to escape or is recaptured or commits suicide or dies from or receives a serious injury; (c) all outbreaks of epidemic disease, or disease which may be likely to assume an epidemic form, amongst the prisoners or officers of the jail, and the measures taken to prevent the spread thereof; (d) all serious cases of overcrowding, and all such other matters as the Inspector-General may, from time to time in his discretion, by general or special order in that behalf, require to be so reported to him by the Superintendent. ### 88. [ Superintendent to accompany Inspector-General or official visitor. [Part II, Rule 57.] (1) The Superintendent shall accompany the Inspector-General whenever that officer visits the jail for the purpose of inspecting the same or any part thereof and shall take all necessary measures to facilitate the inspection and secure the safety of the inspecting officer.] (2) The Superintendent shall, if so desired, similarly accompany any official visitor during his visit to the jail. ### 89. [ Superintendent to exercise vigilant control over receipts and expenditure. [Part II, Rule 58.] (1) The Superintendent shall at all times exercise a vigilant supervision and control over all moneys and property of whatever kind received by him or by any subordinate officer, or at any time in his charge or in the charge of any subordinate officer, for or on account of the Government, the jail or any prisoner at any time confined therein, and overall expenditure of every kind incurred by him or under his authority or orders or under the authority of any rules in that behalf for the time being in force on the upkeep and management of the jail and the maintenance of the prisoners for the time being confined therein or in any way relating thereto or connected therewith, and shall cause proper accounts and vouchers of all such receipts and expenditure and property to be regularly kept and audited in accordance with the provisions of these rules and of the rules and orders regulating the management of the public accounts for the time being in force in that behalf.] (2) The Superintendent shall be personally liable for all defalcations, loss or damage in any way due or attributable to any negligence, disobedience or misconduct on his part. Note - The Superintendent is required to keep a constant watch over Jail receipt and expenditure; to promote all possible economy in every department and to carefully examine all demands and indents before sanctioning them or submitting them for sanction. He should frequently satisfy himself, by personal inspection that the registers and books of account are regularly and duly written up; that daily entries are made in day books; that cash balances correspond with those entered in the books and that the latter are correct, and that outstandings are not allowed to remain unrealised longer than necessary. The Superintendent is liable for defalcations on the part of any member of the Jail establishment which have been in any way facilitated or rendered possible by any neglect of duty or omission on his part to exercise effective supervision. The rules of the Accounts Department are to be observed in all matters of accounts in addition to the rules made under the Prisons Act and the orders of the Inspector-General. ### 90. Supplies to be promptly paid for. - The Superintendent shall satisfy himself that all supplies are paid for at the time they are purchased, or as soon afterwards as possible. ### 91. [ Superintendent to give effect to the requisitions of the Medical Officer. [Part II, Rule 59.] - The Superintendent shall carry into effect all requisitions, in writing, of the Medical Officer, as to the provision of extra bedding or clothing or the alteration of the diet of any prisoner, or with respect to any alteration of discipline or treatment in the case of any prisoner whose mind or body may, in the opinion of the Medical Officer, require it.] ### 92. [ Superintendent to enter his orders in order book. [Part II, Rule 60.] - The Superintendent shall enter in a journal to be maintained for the purpose, every order given by him relating to the management and discipline of the jail, and shall satisfy himself that every such order is duly carried into effect.] ### 93. [ Procedure upon change of officers appointed Superintendent. [Part II, Rule 61.] - When any officer is about to take over charge of the office of Superintendent of any Jail he shall, before doing so, satisfy himself that all records and registers are up-to-date and in good order, and that the cash balances, permanent advance and accounts are complete and duly kept. He shall make a note, in writing of the defects, deficiencies or irregularities (if any) detected either at the time of taking over charge or within one month thereafter, and shall inform the Inspector-General thereof.] ### 94. [ Reports and statistics to be supplied by Superintendent. [Part II, Rule 62.] (1) The Superintendent shall, from time to time, regularly and punctually submit to the Inspector-General all such special or periodical -] (a) returns of statistical information; (b) statements of account in respect of receipts, expenditure and property; (c) bills, vouchers and other original documents; (d) reports and other information; as that officer may, at any time by general or special order in that behalf, prescribe, or as may be required by any of the provisions of these rules or of the orders of the Local Government. (2) As soon as conveniently may be after the close of but not later than the thirty-first day of January, in each year, the Superintendent shall furnish to the Inspector-General with a report on the administration of the jail during the preceding year. Every such report shall be in such form and shall contain such particulars, and shall be accompanied by such statistical and other statements and returns as the Inspector-General may, from time to time, prescribe in that behalf : Provided that every such report shall notice and explain all events of importance which have occurred in the Jail during the years reported on, and all material differences in the vital, financial and other statistics, between the year reported on and the year immediately preceding the same. (3) The annual report shall be forwarded to the Inspector- General - (a) in the case of a Central Jail - through the Commissioner of the Division; and (b) in the case of any other jail - through the District Magistrate. Note - The annual report should be written on half margin foolscap. ### 95. Superintendent to take precautions against fire. - The Superintendent shall satisfy himself that proper precautions are taken to guard against fire. With this object he should draw up a set of rules for the guidance of officers in such cases and cause a copy of them to be posted between the jail gates or other equally conspicuous place. The rules should provide for - (a) a signal to notify the outbreak of fire; (b) a fire brigade organised from the members of the staff, who should be put through a fire alarm parade once a month and so accustomed to the use of scaling ladders and the various duties they may be called on to perform in case of fire; (c) a plentiful supply of water at all time and in convenient places; (d) a supply of dry earth within each ward at night to extinguish any lamp that may burst or become a source of danger and the instruction to the convict officers as to what they should do in such cases; and (e) the key of any ward or compartment where prisoners are confined at night being readily distinguishable from other keys, so that prisoners in a burning building can be promptly removed. Section II The Medical Officer ### 96. [ General duties of Medical Officer. [Section 13 Act IX, 1894.] - Subject to the control of the Superintendent, the Medical Officer shall have charge of the sanitary administration of the prison, and shall perform such duties as may be prescribed by rules made by Local Government under Section 60 of the Prisons Act.] ### 97. [ The Appointment of Medical Officer. [Haryana Correction Slip No. 32 dated 19.2.1984.] - If there is no whole-time Medical Officer, the Chief Medical Officer or Senior Medical Officer of the District in which the Jail is situated shall be Medical Officer of the Jail.] ### 98. [ Temporary absence of the Medical Officer. [See. P.G. No. 329 of 24 July, 1889.] - Whenever the Medical Officer of a district Jail is temporarily absent from the station, his duties shall be performed by Senior Medical Subordinate of the station, and, in the case of a Central Jail, the temporarily duties of the Medical Officer shall be preformed by the Senior Medical Subordinate of the Jail under the supervision of the Chief Medical Officer or of a Senior Medical Officer whenever possible.] ### 99. [ Medical Officer to visit jail daily and take measures to secure the health of prisoners. [Part II, Rule 63.] (1) It shall be the duty of the Medical Officer to visit the Jail at least once a day, except on Sundays, and on that day also when ever necessary; should circumstances render that course desirable, the Medical Officer shall visit the jail oftener than once a day. He shall visit every part of the Jail and its precincts and premises frequently.] (2) [ The Medical Officer shall take all such measures as may be necessary or expedient for the maintenance of the Jail and its surroundings in a thoroughly sanitary state and the prisoners in sound health.] [See para 1025.] ### 100. Mode of recording directions and recommendations of Medical Officer. (1) Any directions (other than directions which are to be carried out by the Medical Officer himself or under his personal superintendence) which the Medical Officer may think fit to give in respect of the treatment of any prisoner shall be entered on the history-ticket of the prisoner concerned. (2) Every recommendation relating to the prisoners generally, or to any gang, body or class of prisoners or affecting the medical or sanitary administration of the jail in general, which the Medical Officer may think fit to make, shall be entered by him in his journal. ### 101. [ Record by Medical Officer on admission and discharge of prisoners. [Part II, Rule 65.] - In addition to complying with the provisions of Chapter IV of Prisons Act, 1894 in regard to the admission, removal and discharge of prisoners, the Medical Officer shall record or cause to be recorded, under his superintendence :-] (1) [ at the time of the admission of every prisoner to the jail, in the history-ticket of such prisoner -] [See paras 475 and 505.] (a) the state of the prisoner's health; (b) the prisoner's age and weight; (c) if sentenced to labour, the class of labour (if any) for which the prisoner is, in the opinion of the Medical Officer, fit; and (d) any other observations which the inspection of the prisoner may disclose and which should in the opinion of the Medical Officer, be made. (2) at the time of the discharge of every prisoner from the jail, the Medical Officer shall enter in the proper register, the state of health and the weight of the convict so discharged. ### 102. [ Vaccination of convicts. [Part II, Rule 66.] (1) The Medical Officer shall, as soon as conveniently may be after admission to jail, vaccinate or cause to be vaccinated every healthy convict who is not protected against small- pox.] (2) [ It is unnecessary to require the vaccination of prisoners who on admission to jail-] [G. of I. letter No. 268, dated 30th August, 1912 and P.G. endorsement No. 355- (Home) , dated 21st September, 1952.] (a) are protected against small-pox, in the sense either of showing unmistakable signs of having suffered from the disease, or of bearing clear and well defined marks of previous vaccination, or (b) whether "protected" or not are to undergo sentences which will detain them in jail for a period not exceeding one month. (3) The Officer in medical charge of a jail has full discretion to dispense with vaccination or revaccination in any case including those of the nature specified in clauses (1) and (2) in which he considers it undesirable or unnecessary. ### 103. [ Duty with regard to sick prisoners and malingers. [Part II, Rule 67 See paras 226 and 505.] (1) The Medical Officer shall daily visit the sick in the hospital and shall examine every prisoner who may complain of any illness and may, if necessary, direct the admission of any such prisoner to hospital.] (2) If at any time the Medical Officer is of opinion that any prisoner is malingering, he shall forthwith report the fact to the Superintendent. ### 104. [ Medical Officer to report in certain cases. [Section 14, Act IX 1894.] - Whenever the Medical Officer has reason to believe that the mind of a prisoner is or is likely to be, injuriously affected by the discipline or treatment to which he is subjected, the Medical Officer shall report the case in writing to the Superintendent together with such observations as he may think proper.] This report, with the orders of the Superintendent thereon, shall forthwith be sent to the Inspector-General for information. ### 105. [ Medical Officer to inspect the jail and jail garden. [See paras 936, 938 and 940.] (1) The Medical Officer shall at least once in every week, inspect every part of the jail and the premises, belonging or attached thereto, and shall satisfy himself that nothing exists therein which is likely to be injurious to the health of the prisoners; that the system of drainage is satisfactory and in good working order that the water supply is pure and unpolluted, and is not liable to pollution from any source; that adequate precautions are being taken against over-crowding in wards, cells and other compartments, and that the ventilation and cleanliness of barracks, wards, cells and other compartments, workshops, latrines, and the like, are duly provided for and attended to. He shall also frequently inspect the cook-houses and test the weight and quality of the rations both before and after cooking. He shall report to the Superintendent any matter which, in his opinion, demands attention, provided that in any case in which the Superintendent considers it inexpedient to accept the recommendation of the Medical Officer both the recommendation and the Superintendent's objections should be forwarded to the Inspector-General for final orders.] (2) The Medical Officer shall frequently visit and supervise the management of the jail garden and shall satisfy himself that the provisions of paragraph 76, in regard thereto, are duly attended to, and shall bring any defect or deficiency to the notice of the Superintendent. ### 106. [ Medical Officer may add to or vary diet in certain cases. [See Para 919.] - The Medical Officer may, in his discretion, make any addition to or alteration in the diet for the sick, convalescents, the aged and the young and in respect of gangs specially employed, which he may deem necessary on medical grounds.] ### 107. [ Medical Officer to inspect cemetery. [Part II, Rule 70.] - The Medical Officer shall occasionally inspect the cemetery of the jail, and shall satisfy himself that it is maintained in a satisfactory sanitary condition.] ### 108. [ Medical Officer's duty on the appearance of epidemic. [Part II, Rule 71. See Chap XI, Section III.] (1) The Medical Officer shall, in the event of the appearance of epidemic disease of any kind among the prisoners or officers of the jail, be responsible that all measures and precautions which may be necessary or expedient to meet the emergency and prevent the spread of the diseases are promptly taken and that the rules and orders regulating such matters are fully enforced.] (2) Immediately upon the appearance of any case of infectious disease or any disease which is likely to assume an epidemic form, the Medical Officer shall report the fact to the Superintendent, for the information of the Inspector-General, together with any recommendations which he may think fit to make in view to prevent the spread to the disease and otherwise deal with it. ### 109. [ Special action in cases of cholera. [Part II, Rule 72.] - The Medical Officer shall maintain a special record, in the prescribed form, of all cases of cholera, whether sporadic or epidemic, and shall furnish the necessary report required by the directions for the time being in force in that behalf.] ### 110. [ Attendance on officers. Examination of candidates. [Part II, Rule 73 See para 130.] (1) The Medical Officer shall render proper medical attendance, not only to the prisoners but also to all officers of the jail.] (2) [ The Medical Officer shall examine every candidate for employment as a subordinate official who may be sent to him for the purpose, and shall make a report of the result thereof to the Superintendent.] [See Para 270.] ### 111. [ Duty of Medical Officer upon the death of any prisoner. [Part II, Rule 74.] (1) In the event of the death of any prisoner the Medical Officer shall see, and if necessary, examine the body of the deceased prisoner, so that he may, in every case, be in a position to certify to the fact and cause of death. When the Medical Officer is in any doubt as to the cause of death and in every case in which death appears or is likely to have been the result of an offence punishable under the Indian Penal Code, he shall make a complete and regular post-mortem examination of the body of the deceased. In the event of several deaths resulting from any prevailing epidemic a post-mortem examination shall be made in one or more cases to be selected by the Medical Officer.] (2) The provisions of clause (1) shall, mutatis mutandis, apply to the case of a death occurring amongst the officers of the jail while employed on duty at or within such jail. ### 112. [ Record to be made on death of prisoner. [Section 15, Act IX, 1894.] - On the death of any prisoner, the Medical Officer shall forthwith record in a register the following particulars, so far as they can be ascertained, namely :-] (1) the day on which the deceased first complained of illness or was observed to be ill; (2) the labour, if any, on which he was engaged on that day; (3) the scale of his diet on that day; (4) the day on which he was admitted to hospital; (5) the day on which the Medical Officer was first informed of the illness; (6) the nature of the disease; (7) when the deceased was last seen before his death by the Medical Officer or Medical Superintendent; (8) when the prisoner died; and (9) [ (in cases where a post-mortem examination is made) an account of the appearances after death;] [See Para III.] together with any special remarks that appear to the Medical Officer to be required. Note - The necessary record shall be made in the Medical Officer's journal. ### 113. [ Medical Officer to comply with duties imposed by the Inspector- General. [Part II, Rule 75.] - The Medical Officer shall duly observe and comply with all directions issued by the Inspector-General as to the duties which he is to perform and the manner in which he is to perform them. He shall furnish such periodical statistical and other information and reports, in respect of sickness and mortality amongst prisoners, the sanitation of the jail and other matters pertaining to his duties as may from time to time be prescribed by the Inspector-General in that behalf.] ### 114. Duties of the Medical Officer with regard to medicines, medical stores and indents. - The Medical Officer shall - (a) submit for the sanction of the Inspector-General, a yearly indent (M.S.D. 134, 135) for medicines and medical stores; (b) keep or cause to be kept a proper account of medicines, instruments and appliances; (c) satisfy himself that poisons are kept separate from other medicines, properly labelled and under lock and key; (d) from time to time examine the medicines in store to assure himself that they are in a fit condition for use; (e) regularly check the account of bazar medicines; (f) be responsible that all European medicines, instruments and appliances debited to the jail bazar medicines medical stores charged in the jail accounts are faithfully and solely expended in the service of the jail; and (g) submit a report to the Inspector-General every year in January on the medical and sanitary administration of the jail. Section III The Medical Subordinate ### 115. Appointment, &c, in whom vested. - The appointment, transfer and punishment of Medical Subordinates attached to jails rest with the Administrative Medical Officer. ### 116. Matters concerning Medical Subordinates whose only connection is with the jail. - Every Medical Subordinate whose only duty is in connection with jail - (a) [ is entitled to draw the ordinary pay of his grade, and such special allowance as the Local Government has sanctioned for the particular jail to which he is attached on condition that his duties have been satisfactorily performed;] [P.O. letter No. 187 of 9.4.1891 to I.G.C., Hospitals.] (b) [ is entitled to free quarters; if such quarters are not available, he shall reside near the jail in a position approved by the Superintendent and shall be entitled to house-rent in lieu thereof;] [G. of I letter P.W.D. No. 201-B of 15.6.1891.] and (c) shall not engage in private practice nor absent himself from the jail premises without the permission of the Medical Officer. ### 117. Special allowance may be stopped for unsatisfactory work. - Any special allowance granted to a Medical Subordinate under the preceding paragraph shall be withheld by the Inspector-General or by the Superintendent, with the sanction of the Inspector-General, for any month during which, in the opinion of either of those officers, the medical work of the subordinate was unsatisfactory. The allowance cannot be stopped for any other reason. Note. - The stoppage of the allowance is not a punishment but a refusal to pay what has not been earned under the terms on which the allowance is granted. It must be stopped for the whole month or not at all. ### 118. [ Procedure when Medical Subordinate commits an offence. [See para 115.] - If a Medical Subordinate commits an offence other than an offence punishable by law, a report shall be made to the Inspector-General for transmission to the Administrative Medical Officer, the subordinate being, if necessary, placed under suspension pending the receipt of orders.] ### 119. [ Medical Subordinate to obey orders of certain officers. [Part II, Rule 76.] (1) In all matters relating to or connected with the feeding, clothing and medical treatment of hospital patients and other professional duties, the Medical Subordinate shall obey the orders of, and discharge such duties as may from time to time be lawfully assigned to him, by the Medical Officer. In matters relating to or connected with the maintenance of order and discipline in and the general management of the jail, he shall obey the orders of the Superintendent and the Deputy Superintendent, respectively.] (2) In every jail the Medical Subordinate shall record in his report book and report to the Medical Officer, all orders given to him by the Superintendent or Deputy Superintendent. ### 120. [ Medical Subordinate to inform Medical Officer of deaths. [Part II, Rule 77. See para 227.] - The Medical Subordinate shall, without delay, inform the Medical Officer of every report made to him under Section 17 of the Prisons Act, 1894.] ### 121. Hours of duty of Medical Subordinates. (1) In Jails where there are two or more Medical Subordinates their duties shall be so arranged by the Medical Officer that the work is fairly distributed and that one or other of them shall be always present throughout the day. They shall, when circumstances permit, be required to sleep in turn in the hospital from 10 p.m. until the unlocking of the jail next morning. They shall all be present whilst the Medical Officer is visiting the sick, and at such other times as he considers necessary. (2) In jails where there is but one Medical Subordinate, whose sole duty is in connection with the jail, he shall remain present throughout the day except when allowed to be absent for meals. When the Medical Subordinate of a neighbouring institution attends to the jail, he shall pay a visit in the early morning and another in the evening before lock-up. The Medical Sub- ordinate should visit the hospital frequently at night when any prisoner is seriously ill and see that the medicines and food prescribed have been distributed, he must be prepared at all times to attend when his services are called for. ### 122. General duties of a Medical Subordinate. - The general duties of a Medical Subordinate are - (1) to be present at the opening of the wards, attend to any prisoners who complain of sickness and, if necessary, send them to hospital or bring them before the Medical Officer, having distributed the necessary medicines to out-door patients, to visit the hospital, do whatever is needful there, and note the condition, progress and temperature when necessary, of each case on the bed-head tickets. (2) [ to visit the "convalescent" gang and any prisoners kept under observation, every morning; distribute such medicines as may be necessary, satisfy himself that the prisoners get the food, clothing, bedding and rest ordered for them, and that no prisoner is removed from the "convalescent" gang without the authority of the Medical Officer,] [See Para 1045.] (3) [ to visit all prisoners confined in cells daily, and report to the Medical Officer any complaint that may have been made to him;] [See Para 1001.] (4) to keep all poisons under lock and key and retain the key in his possession, be responsible that such poisons are properly labelled and kept separate from other drugs and not to allow any convict attendant to handle any poison or vessel containing poison; (5) to make the necessary indents for all hospital supplies, and see that the food for the sick is properly prepared and distributed; (6) to keep all the hospital registers written up to date, be responsible for their safety, and prepare, and submit to the Medical Officer at the proper times, all monthly and other returns; (7) to be responsible that the surgical instruments and appliances are kept in good order, that the clothing and bedding are marked in the prescribed manner and that all articles issued for use in hospital are safely stored and kept clean; (8) [ to be responsible that cleanliness, order and discipline are maintained in the hospital, that the dispenser and attendants perform their duties, and that any excess or deficiency, of attendants is brought to notice;] [See paras 680 and 701.] (9) to keep a vigilant watch on any prisoner suspected of malingering or whose soundness of mind is a matter of doubt, and report the result of his observations to the Medical Officer; (10) to be present at the various parades frequently and separate for treatment of any prisoner who appears not to be in his usual health; and (11) to arrange that all cases of bowel-complaint are as far as circumstances permit, treated in a separate ward; that the evacuations of such patients are, when necessary, kept for the inspection of the Medical Officer and are subsequently properly disinfected and disposed of, to accompany the Medical Officer when the latter visits the jail, and give effect at once to any order given by him relating to the health of the prisoners or the sanitation of the jail. ### 123. Examination of newly admitted prisoners. - The Medical Subordinate shall examine all newly admitted prisoners carefully and, under the supervision of the Medical Officer, record in the admission register and history-tickets, all the particulars required by paragraphs 101 and 475, and to satisfy himself that the private clothing of newly admitted prisoner is cleansed and, if necessary, disinfected before removal to the godown. Note - When a prisoner with injuries on his body is admitted into a prison from Police custody, his medical examination shall be conducted in the manner prescribed in sub-para (1) of para 475 as inserted with correction slip No. 148. ### 124. Duties as regards vaccination, pregnancy and serious disease. - It is the duty of the Medical Subordinate - (a) [ under the supervision of the Medical Officer, to see that every unprotected healthy convict who has to undergo a sentence which will detain him for a period exceeding one month in the jail is vaccinated as soon as possible after conviction, and record the result in the history-ticket, or, in the case of a child, in the history-ticket of its mother;] [See para 102.] (b) if he has reason to believe that any female prisoner is pregnant, to report the circumstances to the Medical Officer; and (c) to bring promptly to the notice of the Medical Officer, and Superintendent any case of suspected cholera, infectious disease, serious injury or other serious case. ### 125. Duties as regards food and its distribution. - It is the duty of the Medical Subordinate - (a) [ to inspect the food godowns and kitchens daily to see that they and all vessels for cooking or distributing food are clean, and that the food is of good quality, properly prepared, cooked, and in the prescribed quantity both in the raw and cooked condition, to keep samples of anything he considers to be unwholesome for the inspection of the Medical Officer; to see that the milk is properly boiled before issue and to inspect the food supplied to civil and unconvicted criminal prisoners by their friends; and] [See para 940, See para 803.] (b) to examine the food before it is distributed, be responsible that the proper quantities of oil, salt and anti-scorbutics have been added and thoroughly mixed and bring to the notice of the Medical Officer any prisoner who constantly leaves a portion of his food uneaten. ### 126. Duties as regards water supply, sanitation and ventilation. - It is the duty of the Medical Subordinate - (a) to examine periodically the wells or other sources of water- supply and bring to notice any defect in quantity or quality, to examine daily all vessels in which drinking water is stored or conveyed, and see that they are kept clean, (b) to inspect daily all latrines and urinals, see that they are kept clean, and that a sufficient quantity of dry earth is used and stored, and (c) to see that the ventilation of the hospital, sleeping wards, and workshop is properly attended to according to the season, and that the prisoners are not exposed to undue draught or to rain beating in. ### 127. [ Duties as regards the dairy. [See para 958 (7 to 9).] - The Medical Subordinate shall examine the cow houses, dairy and milk-vessels daily and see that they are kept clean, keep a record of the quantity of milk obtained and issued each day and report to the Superintendent whenever it is not all issued to prisoners.] ### 128. [ The weighment of prisoners. [See paras 670, 1041 and 1043.] - The Medical Subordinate shall superintend the periodical weighment of prisoners, record each prisoner's weight in his history-ticket and report all prisoners steadily losing weight to the Medical Officer, as soon as possible after weighment.] Note - The Medical Subordinate may be assisted by the dispenser or in large jails by an Assistant Superintendent deputed for the purpose by Superintendent. ### 129. [ To report deaths and assist at post-mortems. [See para 227.] - The Medical Subordinate shall forthwith report every death to the Medical Officer and Deputy Superintendent, assist at the post-mortem examination if one is made and see that the body is afterwards properly stitched up and covered.] ### 130. Medical aid to officers. To assist Medical Officer generally. - The Medical Subordinate shall, under the directions of the Medical Officer, afford medical aid to all officers of the Jail and others living on the Jail premises, render that officer every assistance, and report all matters which may, in any way, affect injuriously the health of the prisoners or establishment, such as - (a) overcrowding, (b) unreasonable or worn-out clothing, (c) neglect of personal cleanliness, (d) undue exposure to the weather, (e) unpunctuality of meals, (f) neglect to air, dry or clean clothing and bedding; and (g) unsuitable tasks. Section IV The Dispenser ### 131. [ Rules for the appointment and promotion of dispensers. [Haryana Correction Slip No. 32 dated 9.2.84.] - The Dispensers shall be employed in Jail Hospital on deputation from the Health Department and they will be governed by the relevant service rules.] ### 132. Para deleted by Haryana Correction slip No. 32 dated 9.2.84. ### 133. Dispensers to obey certain officer. - Paragraph 119 for the guidance of Medical Subordinates shall apply to dispensers and in addition every dispenser shall obey the lawful orders of the Medical Subordinate when such orders are not inconsistent with the instructions of the Medical Officer. Section V The Factory Manager ### 134. [ Appointment of Factory Superintendent. [Part II, Rule 78.] (1) An officer, to be called the Factory Manager, may be appointed to any Central Jail in which any special industry is carried on, for the purpose of superintending the manufactory department of such Jail in all its branches.] (2) No person whom it is proposed to the Office of Factory Manager shall be so appointed unless and until - (a) his appointment, and the terms thereof, shall have been sanctioned by the Local Government, and (b) he shall have executed an agreement setting out the terms subject to which he is to hold the appointment. (3) The Factory Manager shall take rank above the Deputy Superintendent who shall carry out all orders issued by the Factory Manager in regard to matters relating to his department : Provided that the Factory Manager shall not have power to interfere in any way with the administration of management of the Jail in matters not directly connected with the superintendence of the manufactory department thereof. Note - A Factory Manager is appointed to the Lahore Central Jail on a salary of Rs. 400-20-500. ### 135. [ Factory Manager to comply with orders and obey Superintendent. [Part II, Rule 60.] (1) The Factory Manager shall, for all purposes, be deemed to be an officer of the Jail, and shall strictly comply with each and all of the provisions of the Prisons Act, 1894, and the rules, regulations, orders and directions made and issued thereunder which may be applicable to the Jail, and shall obey the orders of the Superintendent in all matters.] (2) It shall be the duty of the Factory Manager at all times to assist the Superintendent and all other Jail Officers in the maintenance of order and discipline and in the general management of the Jail. ### 136. [ Suspension, removal or dismissal of Factory Manager. [Part II, Rule 80.] - Subject to the approval of, and to confirmation by, the Local Government, the Factory Manager of a Jail may, for any sufficient reason, be removed from his appointment, suspended or dismissed by the Inspector-General.] ### 137. [ Duties and responsibilities of Factory Manager. [Part II, Rule 81. See Para 224 (note) .] (1) The Factory Manager shall be responsible for the efficient management of the manufactory department and shall conduct all operations relating to the manufacture of articles in the Jail to the greatest possible advantage of the Government.] (2) All stores maintained in the manufactory department of the Jail, whether consisting of raw material, in process of manufacture or manufactured goods, machinery, plant, tools or other articles shall be under the care and supervision of the Factory Manager, who shall at all times be liable to duly account therefor to the Superintendent. (3) The Factory Manager shall cause proper accounts to be kept of all stores purchased, received, in stock and expended, respectively, and of all moneys of whatever kind at any time received or expended by him or under his authority or orders. He shall be responsible that all registers and accounts prescribed and relating to the manufactory department, are at all times correctly prepared and kept up-to-date that proper vouchers for all issues of stores and payments are obtained, kept in safe custody and produced when called for by the Superintendent and that his accounts are duly audited under proper authority. (4) The Factory Manager shall periodically examine all such stores, machinery, plant, tools, raw materials, materials in process of manufacture and manufactured articles and satisfy himself that the cash, stock, materials, manufactured articles, machinery, plant and tools are equivalent to the balance shown in the accounts. (5) The Factory Manager shall be personally liable for any defalcations, loss or damage in any way due or attributable to any negligence, disobedience or misconduct on his part. Note - The Factory Manager is required to keep a constant watch on the receipts and expenditure of the manufactory department and all property of whatever kind relating thereto. He is liable for defalcation on the part of every officer serving under his orders which have been in any way facilitated or rendered possible by any neglect of duty or omission on his part to exercise effective supervision. ### 138. [ Factory Manager to maintain a report-book. [Part II, Rule 82.] - The Factory Manager shall maintain a report-book in which he shall make entries of all matters requiring the orders of the Superintendent such as requisitions for prisoners, materials, machinery, tools, plant, and the like for the manufacture, sale, or despatch of goods and recommendations of every kind relating to the manufactory department. Orders relating to manufactures, passed by the Superintendent, shall be entered in the report-book.] ### 139. Factory Manager may purchase materials and conduct business. Detailed duties. (1) The Factory Manager shall subject to the approval, orders and control of the Superintendent, purchase the raw materials required for use in all branches of manufacture, and for this purpose, it will be his duty to acquaint himself with the chief markets in the Province, where and at what season articles can be best bought, so that purchases shall always, as far as practicable be made in the cheapest market, and at the most favourable rates obtainable. (2) The Factory Manager shall use every endeavour to improve the quality of the work turned out in the manufactory, and he shall be responsible that articles not according to specification are specially brought to the notice of the Superintendent. He shall satisfy himself, from time to time, that the work turned out in each branch of industry is commensurate with the labour employed and the raw material consumed. (3) The Factory Manager shall make himself acquainted, as far as possible, with the character and industry of every prisoner working under him, and assist the Superintendent in allotting remissions and granting rewards for good work. He shall report to the Superintendent, for punishment, all prisoners failing to complete their allotted tasks or doing bad work, as well as all breaches of Jail discipline which come within his cognizance. (4) The Factory Manager shall enter the Jail manufactory sufficiently early each morning to superintend the distribution of the labour gangs, and he shall ordinarily remain inside the Jail throughout the day. Note-1. - Quarters shall be provided for the Factory Manager at the Jail in which he shall reside. He shall not absent himself from his duties without the permission of the Superintendent unless he is sick, in which case he shall furnish a certificate of sickness from the Medical Officer. He may absent himself for meals and other purposes at such hours and for such periods as the Superintendent may fix. Note-2. - Unless otherwise provided by agreement, Factory Manager shall enjoy all the privileges, in regard to leave, pension, acting and travelling allowances, as are enjoyed by other officers in the Provincial Service. Section VI Rules, & C, Applicable to Officers Generally (A) All Officers ### 140. Power regarding subordinate officers. (1) Subject to the limits as to number and remuneration provided in the scale of establishment from time to time sanctioned by the Local Government under Section 6 of the Prisons Act, 1894, and subject to any special directions laid down by the Local Government in regard to the appointment, promotion and punishment of a particular class of subordinate officers, the final authority in regard to the appointment, transfer, promotion, removal and punishment respectively, of all officers is tabulated below :- \| \| \| --- \| \| AUTHORITY FOR \| \| Establishment \| Appointment \| Promotion \| Transfer \| Removal or dismissal \| Reduction, stoppage of increment \| Other punishments \| \| Deputy Superintendents Senior Assistant Superintendents and Assistant Superintendents \| Punjab Government \| Punjab Government \| Inspector-General \| Punjab Government \| Inspector-General \| Inspector-General \| \| European Warders \| Inspector-General \| Inspector-General \| Inspector-General \| Punjab Government \| Inspector- General \| Superintendent \| \| Head Warders, Warders (Male and Female) and Gate-keepers \| Superintendent, Head-quarters Jails \| Superintendent, Head-quarters Jail \| Superintendent, Head-Quarters Jails \| Superintendent \| Superintendent \| Superintendent \| \| \| \| --- \| \| AUTHORITY FOR \| \| Establishment \| Appointment \| Promotion \| Transfer \| Removal or dismissal \| Reduction \| Stoppage of increment \| Suspension up to 6 months \| Other punishments \| \| Accountants, Accounts Clerks, Store-keepers, Assistant Store-Keepers, Head Clerks, Senior Clerks, & Junior Clerks \| Inspector-General \| Inspector- General \| Inspector-General \| Inspector-General \| Inspector-General \| Inspector- General \| Inspector-General \| Superintendent \| \| Other Subordinates \| Ditto \| Ditto \| Ditto \| Ditto \| Ditto \| Superintendent \| Superintendent \| Ditto \| (2) [ If in the opinion of the Superintendent any of the subordinate officers referred to in the preceding clause is guilty of an offence, which cannot be adequately punished by him the Superintendent, shall forthwith suspend such officer pending reference to and the orders of the Inspector-General.] [See Para 177.] (3) (a) Authority empowered to order removal or dismissal. - No member of a subordinate service shall be removed or dismissed except by order of the authority by which such member was appointed. (b) In the case of dismissal or removal or reduction or stoppage of increment of Warders and Head Warders by the orders of a Superintendent other than a Superintendent of Headquarters Jail, the confirmation of the order by the latter is necessary. (4) Control & duties of officers of prisons. - All officers of a prison shall obey the directions of the Superintendent; all officers subordinate to the Deputy Superintendent shall perform such duties as may be imposed on them by the Deputy Superintendent with the sanction of the Superintendent or be prescribed by the rules under Section 60 of the Prisons Act. ### 141. [ Officers not to have business dealings with prisoners. [Section 9, Act IX, 1894.] - No officer of a prison shall sell or let, nor shall any person in trust for or employed by him sell or let, or derive any benefit from selling or letting, any articles to any prisoner or have any money or other business dealings directly or indirectly with any prisoner.] ### 142. [ Officers not to be interested in prison-contracts. [Section 10, Act IX, 1894.] - No officer of a prison shall, nor shall any person in-trust for or employed by him, have any interest, direct or indirect, in any contract for the supply of the prison; nor shall he derive any benefit, directly or indirectly, from the sale or purchase of any article on behalf of the prison or belonging to a prisoner.] ### 143. [ Superintendent only to punish prisoners. Improper language to be avoided. [Part II, Rule 84, See Para 623.] (a) No officer of any Jail, other than the Superintendent shall at any time award any punishment to any prisoner or, otherwise than in accordance with law and the orders of the Superintendent, inflict any punishment on any prisoner.] (2) No officer of any Jail shall use violent, abusive, insulting, or unnecessarily irritating language to any prisoner. ### 144. [ Prisoners to be treated with tact, humanity and strict impartiality. [Part II, Rule 85.] - Every officer of a Jail shall at all times avoid all conduct calculated to unduly irritate or annoy any prisoner and shall treat every prisoner with tact, good temper, humanity and strict impartiality, and shall listen, without displaying impatience or irritation, to every complaint or report which any prisoner may at any time make to him, and shall show all such kindness and consideration to every prisoner as is compatible with a firm and effective discharge of his duties. Subject to the foregoing provisions of this rule, every such officer shall firmly and fully maintain strict discipline and enforce all laws, rules, regulations, directions and orders for the time being in force and applicable to the discharge of all or any of the duties appertaining to his office.] Note - It is important that every complaint made by a prisoner should be heard with attention, in order that if, well founded, the grievance complained of may be redressed or remedied, and that in no case should any just cause for discontent be allowed to remain. ### 145. [ Prisoners not to be struck. Use of force regulated. [Part II, Rule 86, See Paras 436 and 612.] (1) No officer of any Jail shall, at any time under any circumstances or on any pretext, strike any prisoner otherwise than in the exercise of the right of private defence or in pursuance of his duty in giving effect to punishment lawfully inflicted or to any other provision of the law.] (2) No officer of any Jail shall, in the discharge of his duties, at any time use more force than is absolutely necessary for the purpose of enforcing the law and carrying out his duties. Note - It is lawful to use all means necessary to effect an arrest (Section 45, Criminal Procedure Code), and a prisoner has no right of private defence against prison officers' action in the discharge of their duty (Section 98, Indian Penal Code), and every officer may use all force necessary to resist any force used by prisoners against lawful authority. ### 146. [ Prisoners not to be employed on private work. [Part II, Rule 87. See Paras 708 and 709.] - No officer of any Jail shall, save as authorised by any provision of any rule hereinafter contained in that behalf, at any time employ any prisoner on his own private work or for his own gain or profit; nor shall any such officer at any time employ any prisoner otherwise than for the profit and advantage of the Government and in strict accordance with the provisions of the Prisons Act, 1894, and the rules made thereunder, relating to the employment of prisoners.] ### 147. [ Immediate report of misconduct & the like to be made. [Part II, Rule 88.] - It shall be the duty of the every officer of a Jail, subordinate to or under the orders of the Superintendent to make an immediate report to that officer of any misconduct, act of wilful disobedience or breach of the provisions of any law, rules or regulations for the time being in force on the part of any other officer or any prisoner which shall at any time come to his knowledge or be committed in his presence, sight or hearing.] ### 148. [ No Officer to enter any ward or cell alone, from lock-up to sunrise. [Part II, Rule 89. See paras 404 and 664.] - No officer of a Jail shall at any time enter any ward, cell or other compartment, occupied by any prisoner, from the hour such ward, cell or compartment has been locked up for the night, till sunrise the following morning unless he is accompanied by at least one other officer and then only in case of emergency.] ### 149. [ Duty of all officers to prevent and report escapes and breaches of discipline. [Part II, Rule 90.] (1) It shall be the duty of every officer of a Jail at all times to do all lawful acts which may be necessary, and to exercise the almost vigilance, for the propose of preventing any prisoner from breaking out of Jail or escaping or attempting to break out of Jail or escape, or from creating or attempting to create any disturbance or riot or from doing or attempting to do any other violent or disorderly act.] (2) Every officer of a Jail is required to - (a) take all lawful measures which may be possible to prevent the commission of any prison offence; (b) enforce the provisions of the Prisons Act, 1894, and all rules, regulations, directions and orders for the time being in force in, or in any way applicable to, the Jail, in regard to the conduct and discipline of the prisoners and the administration of the Jail; and (c) at the earliest opportunity to report to superior authority every breach or attempted breach or design to commit any breach of any provision of any law, rule, regulation, direction or order for the time being in force in, or in any way applicable to, the Jail or any prisoner confined therein; (b) Subordinate Officers ### 150. Application of rules to the Deputy Superintendent, Medical Subordinate and others. - Unless there is something inconsistent with anything contained in any rule relating to any officer or class of officers, or repugnant to the subject or context, the rules relating to subordinate officers generally hereinafter following, shall be deemed to apply also to the Deputy Superintendent, the Medical Subordinate and all persons serving under the orders of the Medical Officers: Provided that the rules relating to the appointment, removal, dismissal or other punishment of subordinate officers shall not be deemed to apply to the Medical Subordinate. ### 151. Cancelled. ### 152. [ Certificate of fitness for employment. [Correction slip No. 32 dated 9.2.84.] (1) No candidate for employment as a subordinate officer of any Jail shall be entertained, unless and until the Medical Officer of a Jail or a Civil Surgeon certifies that he possesses the necessary qualifications. (2) Every member of the service shall get himself vaccinated and revaccinated when the Government so directs by a special or general order.] ### 153. Appointments to be on probation. Reading of Section 54 of the Prisons Act. (1) Unless in case the appointing authority, for any sufficient reason, otherwise directs, every person appointed to be a subordinate officer in a Jail shall be deemed to have been so appointed on probation and subject to confirmation in the event of his being found to be in every respect efficient and fit. (2) The provisions of Section 54 of the Prisons Act, 1894, shall be read out and explained to every person appointed, whether temporarily or permanently to be a subordinate officer in any Jail at the time of his appointment as such, and such person shall be required to affix his signature or mark to a written acknowledgement (Form No. 164) that the provisions of this rule have been duly complied with. (3) [ Every person appointed to be a warder in a Jail shall enter into an agreement with the appointing authority not to resign his appointment within two years of the date of his appointment.] [P.G. No. 5726-8, Jails, dated 15.9.20.] ### 154. [ Conditions of service of subordinate officers. [Part II, Rule 94.] (1) It shall be deemed to be a condition of the employment of every subordinate officer appointed to any Jail, that he shall be liable, in the discretion of the Inspector-General from time to time, to serve in any other Jail to which he may at any time be transferred or appointed, whether in the same or any other suitable capacity.] (2) Every member of the Warder establishment whose name is entered in the roster of promotion maintained for any circle, shall be liable to serve at any place to which he may at any time be appointed or sent. (3) [ No subordinate officer shall after he has been confirmed in his appointment, be, without the sanction of the Inspector-General, permitted to serve in any Jail or place situated within the limits of the district in which his permanent home is so situated.] [See Para 273.] (4) No person shall, without the previous sanction of the Inspector- General, at any time be employed as a subordinate officer in any Jail in which any relation or connection of his is confined as a prisoner or employed as a subordinate officer. ### 155. Duty of candidates and officers to disclose relationship, etc., with other officer or prisoner. (1) It shall be the duty of every candidate for employment as a subordinate officer, and of every subordinate officer, of every Jail to forthwith inform the Superintendent or the Deputy Superintendent, if, at any time, there is confined in the Jail, in which he is a candidate for employment or in which he is for the time being employed, as the case may be, any prisoner - (a) with whom he is in any way related or connected; or (b) with whom he has or has had any pecuniary dealing or close acquaintanceship of any kind. (2) If at any time any subordinate officer in Jail has any relationship of any kind with any other subordinate officer employed in the same Jail it shall be his duty forthwith to inform the Superintendent or the Deputy Superintendent of the fact of the existence of such relationship. ### 156. Persons dismissed or punished criminally not to be employed without authority. (1) No person who has at any time been dismissed from any office in the public service shall, without the special sanction of the Local Government given upon a full statement of the facts relating to such dismissal, be deemed to be qualified for appointment as, or be at any time appointed to be, an officer of any Jail. (2) No person who has at any time been convicted of any offence against the criminal law, and punished with imprisonment or with whipping shall, without the sanction of the Inspector-General, be deemed to be qualified for appointment as, or be at any time appointed to be, an officer of any Jail : Provided that this qualification will not apply to person who was convicted before the partition of the Punjab in connection with political movements. Note. - Only persons of good conduct and respectable character are to be employed as Jail Officers. ### 157. [ Duty of candidates to disclose previous punishment. [Part, Rule 97. P.G. No. 5726. S. Jails, dated 15.9.1920.] - Before any person is, whether temporarily or permanently, appointed to be an officer in any Jail, he shall be required to make a declaration that he has not at any time been dismissed from the public service or convicted of any offence and punished with imprisonment or whipping and that if appointed as a Warder he agrees that he will not resign his appointment within 2 years of date of his appointment :] Provided that if any such person has been so dismissed or convicted and punished, he may, instead of making a declaration as aforesaid, make a full disclosure of the circumstances attending such dismissal or conviction and punishment, for the information and orders of the proper authority. ### 158. Prohibition against business and pecuniary transactions. - No subordinate officer shall, whether directly or indirectly, - (a) engage in any trade, business or employment other than his duties as such subordinate officer; or (b) lend money to, borrow money from, enter into any pecuniary transaction with, or incur any obligation in favour of any other subordinate officer or any prisoner. ### 159. Residence of officers in quarters provided at the Jail. (1) Residential quarters shall ordinarily be provided at each Jail for the Deputy Superintendent, Assistant Superintendent, Medical Subordinate, dispensers and the staff of warders. (2) Every officer of a Jail for whom any residential quarters shall at any time be provided at such Jail, shall reside therein. (3) Every officer for whom no residential quarters are available at any Jail, shall (except in the case of Medical Subordinates holding dual appointments) reside, within such distance of the Jail as the Superintendent may from time to time in his discretion, fix in that behalf. ### 160. [ Leave to subordinate officers. [Section 22, Act IX, 1894. Part II, Rule 100.] - Officers subordinate to the Deputy Superintendent shall not be absent from the prison without leave from the Superintendent or from the Deputy Superintendent.] ### 161. Officers not to absent themselves. Procedure in granting short leave. (1) No subordinate officer shall, at any time, without the permission, if such officer is subordinate to the Deputy Superintendent, of the Deputy Superintendent, and, in any other case, of the Superintendent, be absent from Jail premises, whether by day or night. (2) The Deputy Superintendent shall not, without the sanction of the Superintendent, grant leave of absence to any subordinate officer, or permit any such officer to remain absent, for any period exceeding four hours at any one time. (3) Whenever any leave is granted by the Superintendent to any subordinate officer, he shall, at the time the leave is granted, enter the fact, and the period from which such leave is to commence, in his journal. (4) Every subordinate officer to whom any leave shall at any time be granted shall, immediately on his return therefrom, personally report the fact of his return to the Deputy Superintendent, and the Deputy Superintendent shall forthwith record such report in his journal. (5) The Deputy Superintendent shall similarly record in the proper register all leave granted by the Superintendent and all reports made of return from leave so granted. ### 162. [ Absence caused by illness or other unavoidable cause. [Part II, Rule 101.] - Whenever any subordinate officer is at any time prevented by sudden illness or other unavoidable cause, from attending at the Jail or performing his duties, he shall forthwith give notice, or cause notice, of the fact to be given, to the Deputy Superintendent and shall also communicate to that officer the reasons for his absence or failure to perform his duties. The Superintendent shall thereupon make such arrangements as may be suitable and necessary for the due performance of the duties of such officer.] ### 163. [ Officers to ascertain and perform their duties efficiently. [Part II, Rule 102.] - It shall be the duty of every subordinate officer to make himself thoroughly acquainted with the duties of his office and the law, rules and regulations for the time being in force, relating thereto, and for discharge his duties with zeal, efficiency, honesty, alacrity and regularity.] ### 164. [ Note-book to be maintained by certain officers. [Part II, Rule 108.] - Every Deputy Superintendent, Assistant Superintendent and Head Warder, respectively, shall at all times have with him a note-book in which he shall enter every verbal order given to him by any superior officer, at the time when such order is so given.] ### 165. [ Subordinate officers to render prompt obedience. [Part II, Rule 104.] - It shall be the duty of every subordinate officer at all times to render prompt and implicit obedience to every lawful order given to him by any officer to whom he is in any way subordinate, or under whom he is for the time being employed, and to treat every superior officer with proper courtesy and respect.] ### 166. Prohibition against communicating with prisoners, their relatives and friends. - No subordinate officer shall, otherwise than with the special permission of the Superintendent, at any time - (a) correspond or hold any intercourse or communication of any kind whatever with any relative or friend of any prisoner; (b) hold any unauthorized communication of any kind whatsoever with any prisoner; (c) correspond or hold any intercourse whatever with any discharged prisoner; or (d) permit any discharged prisoner or any relative or friend of any such prisoner to visit or remain at his quarters; (2) No subordinate officer shall at any time - (a) hold any unnecessary converse with any prisoner, (b) treat any prisoner with familiarity, or (c) discuss any matter relating to the discipline or regulations of the Jail with or within the hearing of any prisoner. ### 167. Matter concerning the wearing of uniform. Cleanliness required. (1) Every subordinate officer in respect of the office held by him, for whom any uniform is at any time prescribed by the Inspector-General, shall wear such uniform at all times when on duty, and, when off duty, within Jail premises or in any public place, may wear either uniform or private clothes. Provided that no combination of uniform and private clothes shall at any time be worn by any subordinate officer. (2) Every subordinate officer shall at all times and on all occasions be clean and neat as to his dress, and clean as to his person. ### 168. Officers to remain at their beats. Idle, lounging. &c., prohibited. (1) Every subordinate officer shall, when on duty, except when ordered by a superior officer to go elsewhere or when going to or returning from duty, confine himself to the limits of his beat or place of duty and remain thereat. Idleness and lounging about the Jail premises are at all times prohibited. (2) No subordinate officer shall at any time, while on duty, smoke or drink, or sing or talk loudly, or cook or eat his food, or in any way conduct himself in an unseemly or disorderly manner. Note. - All wrangling or disputes between Jail officers and servants is prohibited. Any disagreements between subordinate officers, as to any matters connected with their duties, must be at once be referred to the Deputy Superintendent. ### 169. [ Visitors to subordinate officers. [Part II, Rule 108.] - No subordinate officer shall be at any time permitted to receive any visitor within the Jail walls, or while on duty outside the Jail.] ### 170. Procedure as to the making of complaints. (1) Any subordinate officer, desiring to make any complaint of any kind shall do so, in writing, to the Superintendent, within twenty-four hours of the occurrence of the cause of complaint. (2) The making of frivolous, vexatious or false complaints is prohibited. ### 171. [ Combined action amongst officers prohibited. [Part II, Rule 110.] - Subordinate officers are prohibited from taking any part in any joint or combined action in view to agitating for the redress of any grievance or supposed grievance, or for any other purpose whatsoever.] ### 172. Care and management of keys. (1) No subordinate officer who is at any time entrusted with any key shall under any circumstances or on any pretext whatsoever, - (a) take any key belonging to a lock in use for securing the custody of any prisoner out of the Jail, (b) leave any such key lying about, (c) deliver any such key to any person other than to an officer of the Jail duly authorised to receive such key or to have the care or custody thereof, or (d) leave his post or duty or the Jail without delivering such key to the officer duly authorised to receive the same from him. (2) The key of any ward, cell, compartment, godown, main gate, or main gate wicket, shall not, under any circumstances or on any pretext, be at any time made over to any prisoner. Note 1. - If any key is lost or mislaid, the lock or locks to which it belongs shall at once, be put out of use, and the officer responsible for the loss shall be liable to replace both lock and key at his own expense. Keys should ordinarily be slung on a chain which should be worn round the neck or secured to the waist-belt. Note 2. - Superintendent of a Jail requiring a duplicate key to replace the original which has become worn or unserviceable may obtain it from the Superintendent of the Central Jail, Lahore, by whom all duplicate keys of locks in use in Jails are retained, on his furnishing that officer with a certificate to the effect that the original has been destroyed in his presence. ### 173. Subordinate officer not to withdraw from the service without notice. - No subordinate officer shall, without the permission in writing, of the Superintendent be at liberty to withdraw himself from the duties of his office, or to resign his office, unless he shall have given to the Superintendent notice, in writing, for a period of not less than two months of his intention to so resign and the period of such notice shall have expired. Note. - This rule merely adds to Section 54 of the Act particulars showing whose permission is necessary and to whom notice must be given in regard to the matters dealt with therein. ### 174. Prohibition against sleeping on duty and committing other irregularities. - No subordinate officer shall at any time - (a) be in a state of intoxication; (b) sleep while on duty; (c) enter or permit any person to enter, any enclosure, yard, ward, cell, compartment or other part of a Jail reserved for or allotted to the use of or for occupation by any female, otherwise than at the times and in the manner prescribed in that behalf by proper authority; (d) commit, or permit or abet the commission of, any irregularity in the supply or distribution of food, clothes or other articles to or amongst any prisoners; (e) display cowardice while in the discharge of any duty of his office; (f) be guilty of any act of insubordination, disobedience or breach of duty; or (g) malinger or render himself unable or unfit to discharge his duties or any of them. (c) Punishments. ### 175. Offences by prison subordinates. (1) Every Deputy Superintendent, or officer of a prison subordinate to him who shall be guilty of any violation of duty or wilful breach, neglect of any rule or regulation or lawful order made by competent authority, or who shall withdraw from the duties of his office without permission, or without having given previous notice in writing of his intention for the period of two months, or who shall willfully overstay any leave granted to him, or who shall engage without authority in any employment other than his prison duty, or who shall be guilty of cowardice, shall be liable on conviction before a Magistrate to a fine not exceeding two hundred rupees, or to imprisonment for a period not exceeding three months, or to both. (2) No person shall under this section be punished twice for the same offence.s ### 176. Cancelled. ### 176A. Cancelled. ### 176B. Cancelled. ### 177. Cancelled. ### 178. Cancelled. ### 179. Cancelled. ### 180. Cancelled. ### 181. Cancelled. ### 182. Cancelled. ### 182A. Cancelled. ### 183. Cancelled. ### 184. Cancelled. ### 185. Cancelled. ### 186. Cancelled. ### 187. Cancelled. ### 188. Cancelled. (e) Miscellaneous Matters ### 189. [ Service book of non-gezetted officers. [F.R. 76 & chapter 12 of Subsidiary Rules.] (1) Every non-gazetted officer shall on appointment be furnished at the own expense with a service book, in which all changes of appointment, offences, punishments, leave, transfer and changes of pay shall be recorded under the initials of the Superintendent. This book shall be kept in the office of the Jail to which the officer is attached, in the custody of the Deputy Superintendent. On the transfer of an officer his service book, after all necessary entries have been made in it, shall be sent under registered cover without delay, to the Superintendent of the Jail to which he is transferred. On the resignation or discharge without fault of an officer (except retirement on pension), his service book shall be given to him, an entry to this effect being first made in the service book.] Note. - The entries on the opening page of service books should be attested atleast once in five years, the signatures of the officers and of the head of the office or other attesting officer taken on that page, should be dated. (2) Every step in a Government servant's official life must be recorded in his service book and each entry must be attested by the head of his office or, if he himself is the head of an office by his immediate superior. The head of the office must see that all entries are duly made and attested and that the book contains no erasure or overwriting, all corrections being neatly made and properly attested. (3) Every period of suspension from employment and every other interruption of service must be noted, with full details of duration in an entry made across the page of the service book and must be attested by the attesting officer. It is the duty of the attesting officer to see that such entries are promptly made. (4) Personal certificates of character must not, unless the head of the department so directs, be entered in a service book but if a Government servant is reduced to a lower substantive post, the reason of the reduction must be briefly shown. (5) It is the duty of every Government servant to see that his service book is properly maintained as prescribed in clause (2) in order that there may be no difficulty in verifying his service for pension. The head of the office should therefore permit a Government servant to examine his service book should he at any time desire to do so. ### 190. Service register of higher subordinate officials. - A service register for Deputy Superintendents and Assistant Superintendents shall be kept in the office of the Inspector-General, and in this register shall be recorded all particulars regarding rewards, punishments, transfers, leave and the results of annual inspections. ### 191. Cancelled. ### 192. Para deleted by Haryana, vide Correction Slip No. 32 dt. 9-2-84. ### 193. Pay of officer reduced to lower grade. (1) The authority which orders the transfer of a Government servant as a penalty from a higher to a lower grade or post may allow him to draw any pay not exceeding the maximum of the lower grade or post, which it may think proper. (2) Increment to officers promoted after reduction. - If a Government servant, who has been reduced to a lower grade or post on account of misconduct or inefficiency, is subsequently promoted or reinstated, his previous service in the grade or post from which he was reduced counts for increments unless the authority promoting or reinstating him declares that it shall not count either in whole or in part. ### 194. [ Increment not to be drawn without sanction. [See paragraph 192 P.G. No. 5255-Jails, dated 19th February, 1926.] (1) No fresh increment of pay shall be drawn for any officer without the previous sanction of the Superintendent, which shall depend on his own knowledge of each officer's work and conduct, as well as on the report of other Superintendents under whom the officer has served during the year. For the purpose of enabling the Superintendent to determine whether an increment in any given case should be sanctioned or not the character roll, service book and qualification of each officer shall be specifically referred to. The Superintendent shall before sanctioning the grant of an increment satisfy himself that] - (a) the officer has performed his duties satisfactorily during the previous 12 months; (b) he is efficient in drill and that efficiency is being maintained; (c) his security bond has been executed and registered; and (d) the full amount of security required of him has been deposited, or if not the monthly deposits in the Saving Bank required by paragraph 341 have been duly and regularly made. (2) If the Superintendent decides to withhold an increment from any officer he shall refer the matter to the Inspector-General for his orders giving full reasons for the stoppage. ### 195. Yearly list of Superintendents. Deputy Superintendents and Assistant Superintendents. - A classified list of Superintendents, Deputy Superintendents and Assistant Superintendents [(and Sub Astt. Superintendents)] [The words 'and Sub Assistant Superintendents' added by Haryana Correction slip No. 32 of 9.2.1984.] , shall be published yearly for general information. Promotion in different grades and appointment shall be made as far as possible by merits and not by seniority. ### 196. - Cancelled. ### 197. - Cancelled. ### 198. Application for pension or gratuity. (1) When the official retires from the service a memorandum of the services rendered by him shall at once be prepared in the form A.F. 49 and sent to the Accountant-General, Punjab, together with his service book for necessary verification. (2) If an officer intends to retire on qualifying for superannuation pension the above memorandum shall be prepared and submitted to the Accountant-General 6 months before he intends to retire, but he shall not be permitted to retire unless the Accountant-General has verified the service. (3) On receipt back of the memorandum from the Accountant-General's office the discrepancies pointed out by that officer shall be promptly and carefully attended to and only those periods of service which the Accountant-General has not been able to verify shall be verified from the heads of the offices under whom the official served during the time and failing them from the evidence of contemporaries. (4) Having done this the pension applications shall be prepared in the prescribed form (A.G. No. 26) and submitted to the Accountant-General for report together with the service book, last pay certificate and memorandum of services. (5) The Accountant-General will send his report in due course to the officer authorised to sanction the pension. (6) The authority who has powers to make the appointment has powers to sanction the pension as shown below. Table for Haryana Table amended by Haryana Correction Slip No. 32 dated 9.2.1984 as below : \| \| \| \| --- \| --- \| \| Appointing authority \| Establishment \| \| State Government \| Deputy Supdts./Distt. Probation officers. \| \| Inspector-General \| Senior Asstt. Supdt./Asstt. Supdt./Welfare Officer/Probation officer/Sub-Asstt. Supdt./Ministerial, Clerical and Technical staff \| \| Superintendent Head-quarters Jail \| Warders and Non-warder \| \| Superintendent Jail \| All other subordinates. \| ### 199. [ (1) Grant of leave by whom sanctioned [See Haryana Correction slip No. 32 dated 9.2.84.] - Leave other than casual leave to any Deputy Superintendent, Assistant Superintendent or Sub Assistant Superintendent, Agricultural Assistants, Accounts Staff, Teacher or Assistant Superintendent shall be sanctioned by the Inspector-General only, but any one of these officers to whom a certificate of sickness is granted by the Medical Officer, may be allowed to proceed on leave in anticipation of the sanction of the Inspector-General.] (2) In the case of all others below the rank of Assistant Superintendent the grant of all leave shall rest with the Superintendent. ### 200. Applications for leave, when to be submitted. (1) Applications for the grant of leave from any Deputy Superintendent, Senior Assistant Superintendent, Agricultural Assistant, Teacher or Assistant Superintendent, [(or Sub-Astt. Superintendent)] [The words (Sub-Astt. Superintendent) added by Haryana Correction Slip No. 32 dated 9.2.1984.] should be submitted to the Inspector-General's Office, three months before the date on which the leave is wanted. (2) No leave will be granted to any of these officers except in the case of sickness of very great urgency from the 15th December to the 15th February that is at the time of the preparation of the annual statistics and report. ### 201. Leave to Warders subject to limitation. Timely notice to be give. - The leave granted to warders should be so arranged that not more than ten per cent of the sanctioned strength shall be absent from all causes at any one time. For this purpose warders may be called upon to declare the date on which they wish to avail themselves of leave, at least three months before such date. ### 202. Superintendent may stop leave or recall officers on leave. - The Superintendent may stop all leave or recall any officer who has availed himself of it (except when the leave has been granted on medical certificate), during the prevalence of unusual sickness in the Jail or on the occurrence of any circumstances requiring his presence. Section VII The Deputy Superintendent ### 203. [ Persons included in the word "Deputy Superintendent.. [Part II, Rule 125.] - For the purpose of duty the expression "Deputy Superintendent" shall be deemed to include Senior Assistant Superintendent, Assistant Superintendent, [(and Sub-Astt. Superintendent)] and every person for the time being performing all or any of the functions or duties of a Deputy Superintendent, in regard to the functions or duties so performed] ### 204. [ Definition. [P.G. No. 32475 - Jails dated 5th November 1930.] - The Service of Deputy Superintendents in the Punjab Jail Department hereafter called "the Service" is a subordinate service, but persons holding these appointments are gazetted officers.] ### 204A. Method of recruitment. (1) The Service will be recruited as follows :- (a) by direct appointment of outside candidates; (b) by transfer of Government servants from other departments; (c) by promotion of Assistant Superintendents specially selected for administrative executive and disciplinary ability. (2) The proportion of recruitment from the classes specified in (1) above shall be determined by the Local Government from time to time as occasion may require. ### 204B. [ Qualifications for direct appointment. [P.G. No. 32475-Jails dated 5th November 1930.] - Candidates for direct appointment to service must -] (a) be graduates of a University approved by the G.G. in C., not more than 25 years old at the time of their appointment, except in the case of candidates holding the degree of M.A., M. Sc., or LL.B., who will be allowed to exceed the limit of age aforesaid by 4 years; (b) have passed such medical tests as may be prescribed by the Punjab Government from time to time; (c) have submitted proof of character, antecedents and social position, indicating that they are in all respects fit for such appointments. Note-1. - Indications of administrative, executive and disciplinary ability are essential requisites and the names of candidates without these indications will not be registered solely on the ground of literary and academic qualifications. Note-2. - For purposes of recruitment up to 31st December, 1950, the maximum age limit shall be 27 years instead of 25 years, so far as residents of East Punjab and refugees from West Punjab are concerned. ### 204C. [ Nationality and Domicile. [P.G. No. 32475-Jails dated 5th November 1930.] - A candidate for direct appointment to the service must be :-] (i) a citizen of India, or (ii) a person who has migrated from Pakistan with the intention of permanently settling in India under the Constitution; or, (iii) a subject of Nepal or Sikkim or of a Portuguese or French possession in India and if he comes under category (ii) or (iii) must be a person, in whose favour a certificate of eligibility has been given by the Government of India, or the Government of Punjab. A candidate in whose case such a certificate is necessary may, however, be admitted to an examination or interview conducted by the Punjab Police Service Commission or other recruiting authority on his furnishing proof that he has applied for the certificate and he may also be provisionally appointed, subject to the necessary certificate being eventually given to him by the Government. Provided that preference shall be given to a candidate with a Punjab domicile. ### 204D. [ Procedure for direct appointment. [P.G. No. 32475-Jails dated 5th November, 1930.] (1) Applications for direct appointment shall be made to the Punjab and North-West Frontier Province Joint Public Service Commission who when vacancies exist will issue public notice thereof.] No travelling allowance will be paid to candidates appearing before the Commission : [Provided that the names of candidates with a Punjab University degree shall not be registered unless and until a report has been received from the Punjab University Appointments Board, confirming the age of the candidate, the University degree obtained and stating the division in which the candidate passed.] [P.G. No. 32475-Jails dated 5th November, 1930.] (2) The Inspector-General will, thereafter submit to the Selection Board, appointed by the Local Government, all applications with a view to the selection of such number of candidates as may be required from time to time. The Board shall have two sessions, one for the preliminary elimination of candidates and the other for considering claims of those remaining after interviewing each of them. The Board shall then submit a list containing such number of candidates, as it may decide to recommend, for the orders of the Local Government. (3) No travelling allowance will be paid to candidates appearing before the Selection Board. ### 204E. [ Existing strength and pay sanctioned. [P.G. No. 32475-Jails dated 5th November, 1930.] - The estimate sanctioned strength and pay of the Service is shown as under-] Note - The symbol / denotes an efficiency bar. ### 204F. [ Posting and Transfer. [P.G. No. 32475-Jails dated 5th November, 1930.] - Deputy Superintendents appointed under these rules may be posted in such capacity to any Jail in the Punjab or Delhi Province and are liable to transfer within these areas.] ### 204G. [ Power to make appointments. [P.G. No. 32475-Jails dated 5th November, 1930.] - All appointments to the service whether permanent, temporary or on probation are made by the Punjab Government on the advice of the Punjab and North-West Frontier Province Joint Public Service Commission.] ### 204H. Probation. (1) All candidates selected for direct appointment will be on probation for two years. They will count against the sanctioned strength of Deputy Superintendents as at present fixed in the Schedule attached here into. During the first six months they will be under training on pay of Rs. 150 per mensem without free quarters and will at the end of that period undergo a departmental examination. If successful they will, during the second six months of probation, work as Assistant Superintendents at a pay of Rs. 155 per mensem plus free quarters, and at the end of this period will undergo a further examination. If found fit to continue on probation at the end of the first year, they will be appointed Deputy Superintendents of Jails at a pay of Rs. 200 per mensem for one year with free quarters, or an allowance of Rs. 40 per mensem in lieu thereof; and if found satisfactory at the end of that period they will be confirmed in the department. (2) During the first two years of training and probation, the service of a selected candidate may be dispensed with if in the opinion of the Inspector- General he is unlikely to prove useful to the department subject to confirmation by the Local Government. ### 204I. [ Seniority. [P.G. No. 32475-Jails dated 5th November, 1930.] - The seniority of a member of the Service will date from his first appointment as Deputy Superintendent in a permanent vacancy after completion of the prescribed periods of training and probation.] ### 204J. [ Promotion. [P.G. No. 32475- Jails dated 5th November, 1930.] - There will be an efficiency bar at Rs. 270 in the 2nd grade, of Deputy Superintendents and Rs. 450 in the 1st grade and no Deputy Superintendent will be permitted to draw a higher pay than Rs. 270 or 450 in the 2nd and 1st grades respectively, without the orders of competent authority, increments up to the stage at which an efficiency bar is prescribed and subsequently on passing the efficiency bar, may be drawn on the due dates unless specially withheld by order of competent authority.] ### 204K. [ Selection grade. [P.G. No. 32475-Jails dated 5th November 1930.] - The grade of Deputy Superintendent 1st grade, will be a selection grade to which Deputy Superintendents of the 2nd grade will be appointed who have shown marked capacity and proved themselves in all respects fit for promotion. All appointments of Deputy Superintendent under the instructions will in the first instance be made to the 2nd grade.] ### 204L. [ Security. [P.G. No. 32475-Jails dated 5th November, 1930.] - Every Deputy Superintendent permanently appointed shall be required to furnish security as laid down in paragraph 341.] ### 204M. [ Leave, Pensions - Fundamental Rules. [P.G. No. 32475-Jails dated 5th November, 1930.] - Members of the Service will in matter relating to pension, pay, leave, travelling allowance etc., be governed by the provisions of the Civil Service Rules (Punjab) Volume I, Parts I and II, and Volume III as in force from time to time.] ### 204N. [ Discipline and conduct. [PG No. 32475-Jails dated 5th November 1930.] - Members of the Service will be subject to the Government Servants' Conduct Rules and to all rules prescribed by or under the authority of the Local Government, in his Manual, and to all orders issued by the Inspector-General from time to time, which it is within his competence to issue.] ### 204O. [ Deputy Superintendents irrespective of the class of Jails to which they are attached, are eligible for a seat in divisional darbars. [P.G. Consolidated Circular No. 1.] - All Deputy Superintendents are entitled to receive a chair when visiting officers of Government.] ### 205. [ Duties of Deputy Superintendent stated generally. [Part II, Rule 126.] (1) The Deputy Superintendent shall be the chief executive officer of the Jail and shall discharge his duties under the immediate direction and order of the Superintendent.] (2) It shall be the duty of the Deputy Superintendents strictly to enforce or cause to be so enforced, all law, rules, regulations, directions and, orders, respectively, relating to the management of Jails and prisoners and applicable to the Jail or to any prisoner confined therein, for the time being in force. ### 206. Residence of Deputy Superintendent, Other employment prohibited. (1) The Deputy Superintendent shall reside in the prison unless the Superintendent permits him in writing to reside elsewhere. (2) The Deputy Superintendent shall not, without the Inspector-General's sanction in writing, be concerned in any other employment. ### 207. [ Deputy Superintendent to be present at night. [Section 19 Act IX 1894.] - The Deputy Superintendent shall not be absent from the prison for a night without permission in writing from the Superintendent, but, if absent without leave for a night from unavoidable necessity, he shall immediately report the fact and the cause of it to the Superintendent.] ### 208. [ Deputy Superintendent to make over charge when he leaves the Jail. [Part II, Rule 129.] - The Deputy Superintendent shall, before leaving the Jail for any purpose whatsoever, and on every occasion on which he proposes to leave the Jail, make over charge of the Jail to the next senior officer in rank present, and shall record the fact that he has done so in his journal. The officer receiving charge shall, thereupon, countersign the entry made in acknowledgement of having done so.] ### 209. Duties of Deputy Superintendent as to safety of prisoners, discipline, visits and attendance. (1) The Deputy Superintendent shall do all acts and things which may be necessary or expedient for ensuring the safe custody of all prisoners at any time received into or confined in the Jail, as well as for enforcing and maintaining discipline and order amongst such prisoners and all subordinate officers of the Jail at any time serving under his orders or control. (2) The Deputy Superintendent shall, at least once in every twenty-four hours, - (a) himself see every prisoner for the time being confined in the Jail; (b) visit every barrack, ward, cell, compartment, and every other part of the Jail and the premises thereof, including the hospital; and shall save as provided in the rules, regulations, directions and orders for the time being in force in that behalf always remain present within the Jail or the premises thereof. Note :- The Deputy Superintendent is permitted to be absent for meals at such time and for such periods as the Superintendent may specify, or when required to appear in a Court of Justice, or when leave of absence is granted by the Superintendent. ### 210. [ Deputy Superintendent's Journal. [Part II, Rule 128, See paras 229 to 231.] - The Deputy Superintendent shall regularly maintain a journal in which he shall, from time to time record, as they occur, all events of importance effecting the Jail and shall daily record the general state of the Jail. He shall enter in his journal all reports and representations which it may be his duty to make to the Superintendent, and all other matters which by any of the provisions of the rules, regulations, directions and orders for the time being in force, he is required to enter therein.] ### 211. [ Deputy Superintendent not to delegate his duties without permission. [Part II, Rule 130.] - If the Deputy Superintendent is at any time prevented, by unavoidable cause, from performing any duty imposed upon him as such Deputy Superintendent, he shall take immediate measures to have such duty performed by the next senior officer in rank present and to report the fact to the Superintendent, save as hereinbefore provided the Deputy Superintendent shall not, without the previous permission of the Superintendent, at any time delegate any duty to any other officer.] ### 212. Duties as to lock-up counting, labour, food and reporting unusual occurrences. - It shall be the duty of the Deputy Superintendent to - (a) be present every evening when the prisoners are locked up for the night and every morning when the prisoners are taken out of the sleeping wards, cells or other compartments; (b) satisfy himself, both night and morning that all the prisoners are present and in safe custody; (c) allot to each prisoner sentenced to undergo rigorous imprisonment a proper task and satisfy himself that every such prisoner, who is fit for labour, is daily put to proper labour and performs his allotted task and, for this purpose, to check the tasks allotted and visit the workshops frequently while the prisoners are engaged at work; (d) be present at and superintend the daily weighing and serving out of rations and satisfy himself that the food-stuffs are all of good quality, up to weight and properly cleaned and cooked; (e) supervise the distribution of food and satisfy himself that each prisoner receives his proper quantity at the prescribed times, and to (f) forthwith report every unusual occurrence of a serious nature to the Superintendent. ### 213. Duty of Deputy Superintendent on admission of prisoner. - Upon the admission of every prisoner the Deputy Superintendent shall - (a) examine the warrant or order under which such prisoner is committed to the Jail and satisfy himself that it is in all respects complete, in order and valid. (b) remove, or cause to be removed, from such prisoner all money or other articles found on him, including (if such prisoner is not, by law, entitled to retain it) his wearing apparel and (in such case) shall provide him with a complete Jail out-fit; (c) take measures to preserve and protect all property taken from, or belonging to, the prisoner which may come into his hands; and shall (d) satisfy himself that the provisions of Chapter IV of the Prisons Act, 1894, and they rules, as to the admission of prisoners, are duly complied with. ### 214. [ Effects of prisoners. [Section 25 Act IX 1984. See para 495.] - All money or other articles in respect whereof no order of a competent Court has been made, and which may with proper authority be brought into the prison by any criminal prisoner or sent to the prison for his use shall be placed in the custody of the Deputy Superintendent.] ### 215. Duties of Deputy Superintendent, in regard to execution of sentences. - It shall be the duty of the Deputy Superintendent - (a) to cause all lawful warrants and orders of commitment to be duly obeyed and carried into effect; (b) on the admission of every prisoner, to cause his name to be duly entered in the register of releases under the date on which such prisoner is, in due course of law, entitled to be released; (c) to give effect to all remissions of sentence lawfully earned or granted, and from time to time to revise and enter the correct date of release in the register of releases; (d) to take all measures that may be necessary or expedient in order that no prisoner shall be released before he is legally entitled to be so released or detained in confinement after the date on which he is so entitled to be released; (e) to bring up every prisoner who is liable to undergo the punishment of whipping, on the proper day, before the Superintendent; and (f) to give effect to the sentence of solitary confinement awarded to prisoners in due course of law. ### 216. [ Certain prisoners to be taken before Superintendent. [Part II, Rule 134.] - In the event of any prisoner being at any time guilty of a breach of discipline or of any rule or regulation or of any other misconduct, the Deputy Superintendent shall cause the offender to be brought before the Superintendent for orders, and shall enter the charge in the prisoner's history-ticket.] ### 217. [ Deputy Superintendent to search weekly for prohibited articles. [Part II, Rule 135.] - The Deputy Superintendent shall, at uncertain times, at least once a week, cause each prisoner, and all clothing and bedding, and all wards, cells and other compartments, workshops, latrines and other places frequented by prisoners, to be thoroughly searched for prohibited articles.] ### 218. [ Deputy Superintendent to regulate interviews and communications. [Part II, Rule 136. See Chap. XVI.] - It shall be the duty of the Deputy Superintendent to regulate all interviews and communications between prisoners and persons who are not prisoners, and to prevent all persons who are not duly authorised in that behalf by competent authority, from entering the Jail premises or having any access of any kind to, or communication with any prisoner, and to arrange that the proper officer of the Jail is present during all interviews held.] ### 219. [ Deputy Superintendent, when required to accompany officers and visitors. [Part II, Rule 137.] - The Deputy Superintendent shall, whenever required so to do, accompany the Superintendent, Medical Officer, and Magistrate and every inspecting officer and visitor on their visits to the Jail.] ### 220. Duties of Deputy Superintendent in enforcing discipline amongst subordinate officers. (1) It shall be the duty of the Deputy Superintendent to exercise proper control over all officers of the Jail subordinate to him and to satisfy himself that every such officer is at all times efficient and that he discharges his duties regularly and in a satisfactory manner. (2) The Deputy Superintendent shall at all times maintain strict discipline amongst subordinate officers and shall be responsible that - (a) such officers as are subject to discipline in the nature of military discipline, are acquainted with drill and the use of their arms, (b) all officers in respect of the office held by whom uniforms are prescribed, wear such uniforms in the prescribed manner at all times when such uniform is required to be worn; (c) the prescribed roster of attendances and duties is carried into effect; (d) when on duty, all officers are neat and clean in appearance properly dressed and accounted, and that, (e) every instance in which any subordinate officer is guilty of any dereliction of duty, breach of discipline or other misconduct, which comes to his knowledge, is entered in his journal and brought to the notice of the Superintendent. ### 221. [ Power of Deputy Superintendent to grant four hours' leave. [Part II, Rule 139. - See para 161.] - Subject to the rules relating to the granting of leave and the record to be maintained of all leave granted, the Deputy Superintendent may grant leave of absence for a period not exceeding four hours at any one time to any subordinate officer :] Provided that in every case in which any such leave is granted, the Deputy Superintendent shall make all necessary arrangements for the due performance of the duties of the officer to whom such leave is granted, during his absence on such leave. ### 222. Deputy Superintendent to hold parade every Sunday morning. - Every Sunday morning the Deputy Superintendent shall hold a parade of all the prisoners for the time being confined in the Jail and shall, with the Medical Subordinate - (a) carefully inspect every prisoner; (b) examine the clothing and bedding of every prisoner; (c) check the muster roll and satisfy himself that every prisoner is present or accounted for; and satisfy himself generally that everything is in proper order. He shall enter a report of his inspection in his journal, noting therein the state of the clothing, cleanliness, numerical strength and other matters of importance relating to the prisoners. ### 223. [ Responsibility of Deputy Superintendent for records, warrants, money, etc. [Section 18 Act IX, 1894. - See paras 474, 493, 495 and 1125.] - The Deputy Superintendent shall be responsible for the safe custody of the records to be kept under Section 12 of the Prisons Act for the commitment warrants and all other documents confided to his care, and for the money and other articles taken from prisoners.] ### 224. Custody of Government property. Periodical stock taking. (1) The Deputy Superintendent shall be responsible for the receipt, issue, safe custody and due application or disposal of all stores, machinery, tools, plant, raw materials, manufactured goods and all other articles of whatever kind for the time being in the Jail and the property of the Government, and he shall maintain, or cause to be maintained, proper accounts and registers thereof. He shall take stock frequently, and shall from time to time, examine and verify the accounts and registers maintained. Note - Stock should be taken of the articles in the "Issue" godowns once a month. [Custody of Government property. Half yearly stock taking. [Punjab Government No. 25096-d Jails, dated the 3rd September 1934.] - (2) The Deputy Superintendent should check every article of store atleast once in six months and record in the remarks column of the stores register whether the balance checked on a certain date was correct or incorrect and what discrepancies, if any, were noted. A note of this check should also be made in his journal and the discrepancies, if any, should be reported to the Superintendent and the Inspector-General, at once. The Deputy Superintendent, if there is a change in office, should check all articles on resuming charge and this may be taken as a six monthly check.] Note 1. - The checking of articles should be so arranged that the one-half in one quarter which the Deputy Superintendent should check in the second quarter and vice versa. In this way every article will be checked once in three months either by the Superintendent or the Deputy Superintendent. The certificate of the check shall be submitted to the Inspector-General in No. 52 soon after the 1st January and the 1st July each year. Note 2. - In the Jails in which there is a Factory Manager, the duties of the Deputy Superintendent, in so far as they relate to the Manufactory Department, devote on that officer. Note 3. - When shortages are found as a result of a check made in any of the stores, or as a result of an audit report by the Accountant- General, Punjab (Outside Audit Section), the Superintendent shall take immediate action to fix responsibility for the shortages among the officials concerned. If the total value of the stores found short does not exceed Rs. 50 he will conduct the necessary enquiry and submit his report in a self- contained form with a recommendation to the Inspector-General for orders. If the total value of the shortages exceed Rs. 50 he will conduct an enquiry strictly in accordance with paragraph 182 of the Punjab Jail Manual against the officials whom he thinks are responsible for the shortages and submit his report with recommendations to the Inspector-General for orders. ### 225. Duty of Deputy Superintendent to sick prisoners. (1) The names of prisoners desiring to see the Medical Subordinate or appearing out of health in mind or body shall, without delay, be reported by the officer in immediate charge of such prisoners to the Deputy Superintendent. (2) The Deputy Superintendent shall, without delay, call the attention of the Medical Subordinate to any prisoner desiring to see him, or who is ill, or whose state of mind or body appears to require attention, and shall carry into effect all written directions given by the Medical Officer or Medical Subordinate respecting alterations of the discipline or treatment of any such prisoner. ### 226. [ Record of directions of the Medical Officer. [Section 38, Act IX, 1894 - See para 502.] - All directions given by the Medical Officer or Medical Subordinate in relation to any prisoner, with the exception of orders for the supply of medicines or directions relating to such matters as are carried into effect by the Medical Officer himself or under his superintendence, shall be entered day by day in the prisoner's history-ticket or in such other record as the Local Government may by rule direct, and the Deputy Superintendent shall make an entry in its proper place stating in respect of each direction the fact of its having been or not having been complied with, accompanied by such observations, if any, as the Deputy Superintendent thinks fit to make and the date of the entry.] ### 227. [ Deputy Superintendent to give notice of death of prisoner. [Section 17, Act IX, 1894.] - Upon the death of a prisoner, the Deputy Superintendent shall give immediate notice thereof to the Superintendent and the Medical Subordinate.] ### 228. [ Prisoners not to be ironed except under necessity. [Section 58, Act IX, 1894. - See para 431.] - No prisoner shall be put in irons or under mechanical restrain by the Deputy Superintendent of his own authority, except in case of urgent necessity, in which case notice thereof shall be forthwith given to the Superintendent.] ### 229. Daily entries to be made by Deputy Superintendent in his journal. - The Deputy Superintendent shall enter daily in his journal - (a) the time the wards were opened; (b) the members of the staff (if any) who were absent; (c) the time prisoners began work; (d) the time work was stopped in the forenoon and when it was recommenced; (e) the time work was stopped for the day; and (f) the time the lock-up was completed. ### 230. [ Other matters of importance to be noted in Deputy Superintendent's journal. [See para 228. - See para 212(f) .] - The Deputy Superintendent shall enter in his journal all instances in which he may have found it necessary to use restrain to any prisoner; any violent outbreak or serious offence, accident, death or other occurrence out of the ordinary routine, application for the Superintendent's sanction for the employment of prisoners in any special manner or for any unusual expenditure, and whenever it is proposed to draw money from the Treasury for manufactory or Jail purposes - a note showing the necessity for the same.] ### 231. Disposal of entries in the Deputy Superintendent's journal. - The Deputy Superintendent's journal shall be placed daily (or oftener if necessary), before the Superintendent, who shall endorse his orders against each entry, or if no orders or comment are necessary, append his initials. ### 232. [ Duties of Deputy Superintendent with regard to manufactory stores. [See para 709. - See para 137.] - The Deputy Superintendent shall use all means in his power to make the labour of the prisoners profitable to Government. He shall prevent waste and speculation in the manufactory, be responsible for the checking of the applications for raw material, see that the quantities of material charged for have been received that the rates paid for all supplies are fair and that the prices at which manufactured goods are sold are properly remunerative and promptly paid for. He shall also be responsible for all moneys received from the sale of goods until such moneys are sent to the local Treasury. Where there is a Factory Manager these duties, in so far as they relate to his Department, devolve on that officer.] ### 233. Deputy Superintendent responsible for the efficiency of the guard. (1) The Deputy Superintendent shall satisfy himself that a sufficient strength of the guard to meet all emergencies is at all times present at the Jail and ready to be armed, and that the Warders sleep in the quarters allotted to them and do not leave the Jail premises without permission. (2) [ The Assistant and Sub-Assistant Superintendent shall at least once a week personally search the relieved and relieving night guards between the gates.] [See Haryana Correction Slip No. 32 dated 9.2.1984.] ### 234. Deputy Superintendent responsible for property and money entrusted to him. - The Deputy Superintendent shall render an account, on his removal or transfer, of all Government and other property and money entrusted to his care. He shall see that all store rooms are clean, neatly arranged and protected as far as possible from vermin, birds, insects and the weather. Deputy Superintendent of a Central Jail to which a Factory Manager is attached, shall be responsible for all stores, etc. not appertaining to the Manufactory Department, and shall similarly render an account of them. ### 235. Deputy Superintendent responsible for scales, weigh, stores, and the state of the godown. - The Deputy Superintendent shall be responsible - (a) that the scales, weight and measures in use in the Jail, for the issue and distribution of provisions, stores and raw material are accurate and in good order and shall before taking delivery, weigh, measure or count all stores supplied to the Jail, or cause such to be done under his personal supervision; and (b) for the state of the Jail store-rooms and their inaccessibility to convicts and others not authorized to enter them. ### 236. Deputy Superintendent to supervise office and keep certain registers. Duties regarding cash and cash-books. - The Deputy Superintendent shall exercise general supervision over the work of the office. The delegation of the preparation of returns, entries in registers or of any of the Deputy Superintendent's duties to any authorised subordinate, in no way relieves the Deputy Superintendent of the responsibility for ensuring that these are correctly and punctually made, but his most important duties are in the direct control of the prisoners and management of the Jail. He shall keep the cash- books and release diaries with his own hand and such other registers as the Superintendent may direct. He shall daily compare the balances of cash in hand with the balance shown in his cash-books, initial the latter if correct and present them to the Superintendent daily for examination. Note. - The Deputy Superintendent should report monthly in his journal on the state of the registers in charge of each of his subordinates. ### 237. Responsibility for economy in every department. - The Deputy Superintendent shall promote such economy as is consistent with efficiency, in every department of the Jail. He shall prepare or cause to be prepared, and submit to the Superintendent all indents for food, clothing and articles of every description required, he shall prevent any needless destruction of Government property, utilize convict-labour to the fullest extent in supplying the requirements of the Jail and other departments and bring to the notice of the Superintendent any improper waste or extravagance. ### 238. Inventory at the time of making over charge. - When a Deputy Superintendent is discharged or suspended, resigns, takes leave (other than casual leave), or is transferred, he shall be required, in making over charge to his successor, to give an inventory of all property, stores, etc, in his hands, together with vouchers for all credit sales. This list shall be kept with the Jail records, a copy being given to his successor and another sent to the Inspector-General. The Superintendent shall satisfy himself as to the correctness of the list within two months from the date the Deputy Superintendent leaves the Jail and shall, if circumstances warrant his doing so, furnish the Deputy Superintendent, should the latter require it, with a certificate (form No. 166), that no demands or liabilities are outstanding against him in that Jail. In case of the death of the Deputy Superintendent, the inventory shall be made by or under the directions of the Superintendent, and the certificate shall be granted on the application of the heirs or executors of the deceased. Note. - This order may be suspended in the case of a Deputy Superintendent who takes privilege leave for not more than six weeks, but in that case the Deputy Superintendent who takes leave shall be primarily responsible for the stores, etc., during his absence, and the burden of proving the responsibility of his locum tenens for any loss shall lie with him. ### 239. Duty of Deputy Superintendent on change of Superintendent. - When new Superintendent assumes charge of a Jail, it shall be the duty of the Deputy Superintendent to bring to his notice in writing, all orders specially relating to that Jail. In the event of any grave irregularity taking place in consequence of the non-observance on the part of the Superintendent of any such order, the Deputy Superintendent will be held responsible unless he can show that he brought the order in question to the notice of the Superintendent. ### 240. to 247. - Cancelled. Section VIII The Senior Assistant Superintendent ### 248. Appointment of Senior Assistant Superintendent. Duties prescribed. (1) In every Central Jail, an Assistant Superintendent shall be selected and classed as Senior Assistant Superintendent. (2) The Senior Assistant Superintendent shall be immediately subordinate to the Deputy Superintendent and shall assist him in the discharge of his duties. (3) The Senior Assistant Superintendent shall take the place of the Deputy Superintendent whenever that officer is temporarily absent from, or incapacitated for duty, and, when the Deputy Superintendent is present, shall discharge such duties and assist in such ways, as may, from time to time, be prescribed in writing, by the Superintendent. (4) The Deputy Superintendent, the Senior Assistant and the Assistant Superintendent, shall at least once a week personally search the relieved and relieving night guards between the gates. Note. - For further particulars as to the duties of Senior Assistant Superintendent, the rules applicable to Deputy Superintendent and particularly paragraph 205(2) , should be referred to. ### 249. [ Powers of Senior Assistant Superintendent and Assistant Superintendent. [Section 20, Act IX, 1894.] - Where a Senior Assistant Superintendent or Assistant Superintendent is appointed to a prison, he shall, subject to the orders of the Superintendent, be competent to perform any of duties, and be subject to all the responsibilities, of a Deputy Superintendent under the Prisons Act or any rule thereunder.] ### 250. Duties of a Senior Assistant Superintendent to be defined and changed. - A definite share of the duties of the Deputy Superintendent shall be assigned to the Senior Assistant Superintendent under the written orders of the Superintendent. These duties shall be changed from time to time, so as to afford him every opportunity of becoming acquainted with all the details of Jail management. ### 251. Senior Assistant Superintendent appointed by selection and on probation. (1) Promotion to the appointment of Senior Assistant Superintendent shall be made by selection. A thorough knowledge of the laws, rules, directions and orders regulating the management of Jails and prisoners, efficiency in drill and ability to drill the guard, the possession of those qualities which enable an officer to command respect and maintain authority, energy in the discharge of his duties and good conduct shall be the qualifications for a Senior Assistant Superintendentship. (2) The grade shall be reserved for subordinates who in addition to the qualifications required by clause (1) appear to be likely with the opportunities, afforded them in a Central Jail, to become good and efficient Deputy Superintendents. Every Senior Assistant Superintendent shall therefore hold his appointment on probation only and if found to be wanting in any respect shall, by reason of his unsuitability for promotion, be reverted to his substantive appointment. Section IX Assistant Superintendents ### 252. [ Definition. [P.G. No. 32475-Jails dated 5.11.1930.] - The service of Assistant Superintendents in the Punjab Jail Department (hereafter called 'the Service') is a subordinate service and officers holding these appointments will be non-gazetted officers.] ### 252A. [ Method of Recruitment. [See Haryana Correction Slip No 32 dated 9-2-1984.] - In the matter of appointments, promotions, transfers and disciplinary actions etc. persons in the service shall be governed by the Punjab Jail Department State Service (Class III Executive) Rules, 1963 as amended from time to time and applicable to Haryana State.] ### 253. [ Qualifications for direct appointment. [P.G. No. 32475-Jails dated 5.11.1930.] (1) Candidates for direct appointment to the Service must-] (a) possess at least a degree in Arts or Science or Agriculture or Commerce or M.B.B.S. and must not be more than 25 years old at the time of their appointment; (b) have passed such medical tests as may be prescribed by the Local Government from time to time; (c) have submitted proof of character, antecedents and social position indicating that they are in all respects fit for such appointment. Note 2 - For purposes of recruitment up to 31st December, 1950, the maximum age limit shall be 27 years instead of 25 years, so far as residents of East Punjab and refugees from West Punjab are concerned. ### 254. Nationality and Domicile. - (2) A candidate for direct appointment to the service must be - (i) a citizen of India or, (ii) a person, who has migrated from Pakistan with the intention of permanently settling in India, and who has now become citizen of India under the Constitution, or (iii) a subject of Sikkim or of a Portuguese or French possession in India. and if he comes under category (ii) or (iii) must be a person in whose favour a certificate of eligibility has been given by the Government of India or the Government of Punjab. A candidate in whose case such a certificate is necessary may, however, be admitted, to an examination or interview conducted by the Punjab Public Service Commission or other recruiting authority on his furnishing proof that he has applied for the certificate and he may also be provisionally appointed, subject to the necessary certificate being eventually given to him by Government. (3) (a) Application for appointments to the service shall be submitted to the Punjab and North-West Frontier Province Joint Public Service Commission who when vacancies exist will issue public notice thereof. No travelling allowance will be paid to the candidates appearing before the Commission for interview. Existing strength and Pay sanctioned. - (b) The ultimate sanctioned strength and pay of the Service is shown as under :- \| \| \| \| \| --- \| --- \| --- \| \| \| Rs. \| \| \| Sanction grade of pay \| 80-7-1/2-140/7-1/2-200 \| An Assistant Superintendent is entitled to free quarters or a house allowance at the rate of Rs. 30 per mensem except during the period or periods of training. \| \| Eventual sanctioned Cadre \| 95 \| This includes the Lady Assistant Superintendent at the Women's Jail Lahore who has been granted a special grade of Rs. 180-10-300 with effect from 1-1-1945. \| Note - The symbol / denotes an efficiency bar. ### 254A. Posting and Transfer. - Assistant Superintendents appointed under these rules may be required to serve as such in any Jail in the Punjab or Delhi province and will be liable to transfer within these areas. ### 255. [ Power to make appointments. [P.G. No. 32475-Jails, dated 5.11.1930.] - All appointments to the service whether permanent or temporary or on probation shall be made by the Punjab Government on the advice of the Punjab and North-West Frontier Province Joint Public Service Commission.] ### 256. [ Probation. [P.G. No. 32475-Jails dated 5th November, 1930.] (1) All selected candidates will be posted to a Central Jail or for three months' training on probation. During this period they will draw pay at the rate of Rs. 60 per mensem without free quarters and will undergo a departmental examination at the end of the period, which will be partly written, partly oral and partly practical including also drill. If the candidate fails to pass this examination, he will undergo a second period of training on the same conditions as the first regarding pay and free quarters. Failure to qualify at the end of the second period will involve his removal from the list of candidates. Having completed their training and passed the qualifying examinations, selected candidates will be posted as Assistant Superintendents in any Jail and will remain on probation for a further 12 months dating from their appointment as Assistant Superintendents. During this period they will be entitled to a pay of Rs. 80 per mensem with free quarters, or in lieu thereof an allowance of Rs. 30 per mensem. After 12 months service, as an Assistant Superintendent a selected candidate will be confirmed in his appointment.] (2) At any time during the entire period of training and probation the service of a selected candidate may be dispensed with, if, in the opinion of the Inspector-General, he is unlikely to prove useful to the department, subject to confirmation by the Local Government. ### 257. [ Grade Promotion. [P.G. No. 32475-Jails dated 5th November, 1930.] (1) Members of the Service will be subject to an efficiency bar when they have reached the grade pay of Rs. 180, and no member of the service will be permitted to draw higher pay than Rs. 180 per mensem without the orders of competent authority. Increments up to the stage at which the efficiency bar is prescribed and subsequently on passing the efficiency bar, may be drawn on the due dates unless specially withheld by competent authority.] (2) Assistant Superintendents of Jail are eligible for promotion to Deputy Superintendents of Jails, but not as of right, at the discretion of the Local Government. Seniority. (3) The seniority of a member of the Service will date from his first appointment as Assistant Superintendent in a permanent vacancy after completion of the prescribed periods of training and probation. Security. (4) Every Assistant Superintendent permanently appointed shall be required to furnish security as laid down in paragraph 341. ### 258. [ Leave, Pensions and Fundamental Rules. [P.G. No. 32475-Jails dated 5th November, 1930.] - Members of the Service will in matter relating to pension, pay and salary, etc., be governed by the Provisions of the Civil Service Rules (Punjab) , Volume I, Parts I and II, Volumes II and III as in force from time to time.] ### 258A. Discipline and Conduct. - Members of Service will be subject to the Government Servants' Conduct Rules, and to all rules prescribed by or under the authority of the Local Government in this Manual, and to all orders issued by the Inspector-General from time to time, which is within his competence to issue. ### 259. Assistant Superintendent to Deputy Superintendent and Senior Assistant Superintendent. (1) Assistant Superintendent shall be subordinate to the Deputy Superintendent and Senior Assistant Superintendent, if any, and shall obey the orders of those officers, respectively. (2) Duties Prescribed. - The Assistant Superintendents shall take the place of the Deputy Superintendent or Senior Assistant Superintendent, if any, when either or both these officers is or are temporarily absent from, or incapacitated for, duty and, when either of these officers is present, shall discharge such duties and assist in such ways, as may from time to be prescribed, in writing by the Superintendent. (3) The Deputy and the Assistant Superintendent shall at least once a week personally search the relieved and relieving night guards between the gates. Section X The Matron and Female Warders ### 260. Female Deputy Superintendent. Duties of matrons and female warders. (1) In every Jail in which accommodation is provided for female prisoners, or in which such prisoners are ordinarily detained or are liable to be detained, there shall be a Female Deputy Superintendent or matron, and may be one or more female warders who shall, subject to the control of the Superintendent and Deputy Superintendent respectively, have complete charge of all female prisoners at any time committed to, or detained in the Jail. (2) The duties of the matron and female warders, respectively, shall as regards female prisoners, be similar to those performed, as regards male prisoners, by male head warders and male warders, respectively, and all rules, regulations, orders and directions for the time being applicable to such head warders and warders, shall, as far as may be, be applicable to matrons and female warders, respectively. Note. - In the Lahore Female Jail permanent female Deputy Superintendent and a staff of female warders shall be maintained. ### 261. Prohibition against males entering the Lahore Female Jail. Duties of male officers. (1) No male person employed in any capacity in or connected with the Lahore Female Jail shall, otherwise than in case of emergency and when called upon so to do by the Deputy Superintendent or a female warder, and then only when accompanied by the Deputy Superintendent or a female warder, at any time enter any ward, cell, compartment, or other portion of or place in the said Jail occupied by any female prisoner. (2) The Assistant Superintendent shall discharge such duties as may from time to time be prescribed by the Superintendent in that behalf. (3) The duties of the male warders shall be to patrol between the inner and outer enclosure walls at night; when required so to do, to act as gatekeepers; to prevent escapes and any unauthorised persons from having access to and any prohibited article from being introduced into or removed from the Jail. Note. - The Medical Subordinate when a male may, in pursuance of his duty, enter the Jail and remain therein while accompanied by the matron or a female warder. ### 262. [ General duties of female warders. [Part III, Rule 152.] - Every female warder shall, in respect of female prisoners, discharge the duties prescribed, in respect of European prisoners, for European warders, by paragraphs 242, 243, 244 and 245, and, for the purposes of this rule, the said rules shall be read as if the words "female warder" and "female prisoner" were substituted therein for the words "European warder" and "European prisoner" respectively.] ### 263. [ Entrance door of female ward, how to be regulated. [Part II, Rule 153.] - When the matron is present on duty the entrance door to the female ward shall be locked, by the head warder, on the outside, and the head warder shall retain possession of the key of the lock. The entrance door to the female ward shall also be locked by the matron, on the inside.] ### 264. [ Female warder not to permit males to enter female ward. [Part II, Rule 154.] - No female Warder shall permit any male prisoner to have access to or enter any female cell or ward or any female Jail or portion of any Jail allotted to or reserved for the use of or for occupation by female prisoners unless accompanied by an authorised Jail Officer and in accordance with the rules, regulations, directions and orders for the time being in force in that behalf and shall forthwith report, to the Superintendent, any Jail Officer or male prisoner who without proper authority or otherwise than in the discharge of some lawful duty, at any time enters or attempts to enter any such cell, ward, jail or portion of any Jail as aforesaid.] ### 265. [ Communications with male prisoners forbidden. [Part II, Rule 155.] - No female warder shall at any time, on any pretext hold any interview, intercourse or communication of any kind whatsoever with any male prisoner or visit any part of any Jail allotted to reserved for or occupied by any male prisoner.] ### 266. Duties of female warder in regard to sick and children. (1) It shall be the duty of every female warder to call the attention of the medical subordinate to any female prisoner who complains of being, or appears to be, ill to satisfy herself that every female prisoner who is sick receives the special diet (if any) at any time prescribed for her by the Medical Officer, and that all female prisoners at any time in any special or convalescent gang, are duly supplied with any special or extra diet ordered for them, or any of them, by the Medical Officer. (2) The female warder shall satisfy herself that every child, whether a prisoner or not at any time in the Jail, receives the diet prescribed for it. Section XI Warders (a) Circle of Employment ### 267. Warder establishment organised in our circle. (1) For the purposes of the appointment, transfer and promotion of warders and the better organisation of the warder establishment of the Province, there shall be four circles, namely, the Lahore, Multan, Rawalpindi and the Ambala circle. The Jails comprised within each circle shall be as follows, namely :- \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Lahore Circle \| Multan Circle \| Rawalpindi Circle \| Ambala Circle \| \| 1. Lahore Borstal Institution (Head-quarters Jail) \| 1. Multan New Central (Head-quarters Jail.) \| 1. Rawalpindi District (headquarters Jail.) \| 1. Jullundur District (Headquarters Jail.) \| \| 2. Lahore Central \| 2. Multan Central Old \| 2. Jhelum District \| 2. Jullundur District \| \| 3. Montgomery Central \| 3. Multan District \| 3. Campbellpore District \| 3. Ludhiana District \| \| 4. Gujranwala District \| 4. Lyallpur District \| 4. Sialkot District \| 4. Hissar \| \| 5. Lahore Female \| 5. Dera Ghazi Khan District \| 5. Gujarat Subsidiary \| 5. Ferozepore District \| \| 6. Gurdaspur District \| 6. Musaffargarh Subsidiary \| 6. Sargodha Subsidiary \| 6. Rohtak District \| \| 7. Kasur Subsidiary \| 7. Rajanpur Subsidiary \| 7. Mianwali District \| 7. Hoshiarpur Subsidiary \| \| 8. Amritsar Subsidiary \| 8. Jhang District \| \| 8. Karnal Subsidiary \| \| 9. Dharamshala Subsidiary \| \| \| 9. Gurgaon Subsidiary \| \| 10. Shekhupura Subsidiary \| \| \| 10. Delhi District. \| (2) The Inspector-General may, in his discretion, at any time transfer any Jail from any one to any other circle or create one or more additional circles. (3) The management of the warder establishment of each Jail shall, for the purposes of and to the extent provided in these rules, rest with the Superintendent of the Headquarters Jail of the circle to which such Jail for the time being belongs. ### 268. Appointment and promotion of warders within circle. (1) The appointment, transfer and promotion, respectively, of warders within each circle, shall rest with the Superintendent of the Headquarters Jail of such circle. (2) When a permanent vacancy occurs in a circle among Head Warders, the Superintendent of the Headquarters Jail shall notify the fact to the Inspector-General of Prisons and at the same time recommend for promotion a warder from the circle. This recommendation will be considered by the Inspector-General along with the claims of other candidates eligible for promotion. The Inspector-General may direct the Superintendent to appoint to the vacancy the best man selected by him from any circle. (3) Transfer of Head Warders within the circle shall be made by the Superintendent of the Headquarters Jail. ### 269. Warders to be informed of their liability to serve within circle. (1) Every warder entertained in any Jail shall be informed at the time at which he is entertained, that his appointment is made subject to his being liable to serve at any Jail or place in the Province. (2) For the purposes of these rules, the expression "warder" includes an apprentice or probationer employed as a warder. ### 270. Requirements for enlistment in the warder guard. (1) Recruitment of warders shall be made from amongst all classes of men, without distinction of caste, creed or religion. (2) The minimum height of accepted candidates for enlistment shall be 5'- 6" or in the case of Gurkhas and Dogras 5'-4-1/2" and the minimum girth of chest 33". All candidates enlisted should possess normal vision in both eyes, be physically fit in all respects for Jail service, not under the age of 18 years, and not over the age of 25 years. (3) At the time of recruitment of warder preference shall be given to - (a) Ex-Army men, both pensioned and demobilised. (b) Men who have resigned the Army after at least 3 years' service; and (c) Men who have spent 5 years or more in the police force. Provided that in the case of (a) men over the age of 40 years shall not be entertained and in the case of (b) and (c) men over the age of 30 shall not be entertained. (4) [ Army Reserve men may be entertained up to a maximum of 5 per cent of the sanctioned strength of the warder guard in each Jail, provided that their age does not exceed 35 years and that their military service record 2 shows their conduct to have been good.] [P.G. No. 32614-Jails, dated 6.11.30.] Note 1 - Preference should be given to those who can read and write, and whose height and chest measurement exceed the minimum laid down. Note 2 - Candidates, if under the age of 21, provided they come up to requirements in all other respects, may be enlisted with a chest measurement of 32-1/2". Note 3 - For purposes of recruitment up to the 31st December, 1950, the upper age limit shall be 27 years instead of 25 years as far as residents of East Punjab are concerned. ### 271. Cancelled. ### 272. Candidates seeking employment at Jail other than Headquarters. (1) When an eligible candidate presents himself for employment at any tributary Jail, the Superintendent should send to the Headquarters Jail with a view to his entertainment, his descriptive roll showing his name, father's name, caste, age, height, chest measurement, physical fitness for service, personal description, thumb print, whether able to read and write English, Urdu, Nagri or Gurmukhi well, his residence, and if previously employed in Government service, in what Department, for what period and under what circumstances he left it. The Superintendent of the Headquarters Jail shall note the names of such men as he accepts, on the roll and intimate the same to the applicant, who pending his being called on to fill a vacancy, should be employed in any temporary capacity, when occasion arises. A warder so recruited should, on his arrival at the Headquarters Jail, be compared with his descriptive roll to ascertain that the right person has presented himself. (2) The character and antecedents of candidates (Form No. 163) should be verified through the Police Department. ### 273. Conditions as to the Jail to which posted. - No warder shall be posted to a Jail in his home district nor to a Jail in a district in which he has been long resident. No warder shall ordinarily be allowed to remain at a Central Jail or at a first or a second class District Jail for more than five years, nor at a third or fourth class District Jail for more than three years, nor at a subsidiary Jail for more than one and a half years. ### 274. Recruits to be vaccinated. - All warder recruits shall be vaccinated as soon after enlistment as possible and re-vaccinated at such times as the Local Government may at any time by general or special order direct. ### 275. Promotion Board. (1) At the Headquarters Jail of each Circle, a roster of all the warders in the circle known as the "Promotion Board", shall be kept. Each warder shall be represented by a movable wooden or metal slip with particulars of the name, grade, date of joining the Jail service, permanent number given on enlistment, &c., recorded thereon. These slips, shall be arranged on a board. The position each warder holds on the Board, shall at first be ordinarily determined by the date of enlistment, the latest joined recruit being placed lowest down, the senior man occupying the first place in the series and the intermediate warders holding positions according to seniority, conduct and &c. Above each slip and immovably fixed on the Board shall be recorded serial numbers showing the position of each warder. The promotion Board shall be kept locked so that no one shall have access to it but the officer responsible for keeping it. (2) A record shall be kept showing the position of each warder on the Board on the first of each quarter so that if the slips by accident or otherwise get dislodged, it may be possible to replace them. ### 276. Service Register and service sheet. (1) A Service Register (No. 29) shall be maintained at the Headquarters Jail of each circle. In it shall be recorded the particulars of appointment, promotion, home district, place in which service has been passed reward, offences, punishments and leave, with the dates in each case, of every warder in the circle. (2) The Superintendent of each Jail in the circle shall send to the Superintendent of the Headquarters Jail so as to reach that officer not later than the 10th of each month, a complete and correct copy of the entries in his warder's Service Books (Form No. 87) for the preceding month, for record in the Service Register of the circle. ### 277. Monthly statement of offences and punishments. - In the same statement (Form No. 87) shall be shown the offences committed by and the punishments (excluding formal reprimands) awarded to the warders. Note - Temporary warders should not be entered on the list and warders officiating as Head Warders should be shown the grade to which they permanently belong. ### 278. [ The working of the Promotion Board. [See Haryana Correction Slip No. 32 dated 9.2.1984.] - The Superintendent of the Headquarters Jails who conducts the Board shall, on receipt from all the Jails in his circle of lists showing the punishments, resignations, deaths, or particulars of any kind necessitating a charge in the position of warders on the board, proceed as follows : (a) The slips of men who have resigned, died or absconded shall be removed and the men below them moved up subject to clause (d). (b) Men who have been dismissed and whose appeals have been rejected by the Inspector-General or who have allowed the period of appeal to pass by without appearing shall be removed and the men below them moved up subject to clause (d). (c) deleted. (d) No warder who is illiterate shall be permanently or even temporarily promoted to Head Warder.] ### 279. Superintendent Headquarters Jail, to furnish half-yearly return. - The Superintendent of a Headquarters Jail shall furnish the Superintendent of each Jail in his circle, as soon after the 1st January, and 1st July each year as possible, with a list (Form No. 108), showing the positions of that particular Jail in the grades to which they belong. This list should be read out to the warders on parade and each informed of the number of men who stand before him for promotion to the next higher grade. Note - A copy of the list in vernacular should be exhibited in the orderly room or warders' quarters. ### 280. Deleted by Haryana Correction Slip No. 32 dated 9.2.84. ### 281. [ When a warder gets leave or is suspended. [P.G. No. 5255-Jails, dated 19.2.1926.] - When a warder is granted leave or suspended the Superintendent of the Jail to which the warder is at the time attached shall make his own arrangements for carrying on the work of the absentee] ### 282. Warders on transfer to be despatched on a date fixed. - Whenever a transfer of warders is ordered by the Superintendent of a Headquarters Jail, he shall fix a date on which the officers concerned shall start for their destinations, allowing sufficient time for his instructions to be received and acted upon, and the warders shall be despatched on the date fixed unless this is impracticable on account of sickness or for some other equally important reasons, in which case timely intimation shall be given to the Superintendent of the Headquarters Jail to enable him to make other arrangement and fix some other date, if necessary. No casual or other leave shall be granted to a warder whose transfer is ordered, so as to have effect after the date fixed for his despatch. ### 283. Deleted by Haryana Correction Slip No. 32 dated 9.2.1984. ### 284. Separate accommodation for warders. - All Head-Warders shall be provided with separate quarters for themselves and their families and all warders with sleeping and cooking accommodation on the Jail premises and, when possible, also for their families [Note :- Single warders barracks shall be provided with lighting arrangement at Government expense. Where there is no electricity, lamps of the pattern of the prisoners barrack lanterns and kerosene oil shall be provided at the expense of the State. The same quantity of oil will be issued to these lamps as to the prisoners barrack lanterns.'] [Note substituted vide Correction Slip No 32 dated 9-8-84.] ### 285. Transfer of warders from one circle to another. - Transfer of warders from one circle to another shall be made only for special reasons under the orders of the Inspector-General. Mutual inter-change may, however, be allowed by the Inspector-General with the consent of the parties concerned and the Superintendents of both Headquarters Jails at their own expense. Such warders will be placed on the Promotion Board according to the date of appointment and conduct. ### 286. Certain men not to be entertained. - No warder who has left the Jail service shall be again entertained without the sanction of the Inspector- General. ### 287. Military training of warders. - Every warder shall be required from time to time to undergo such instruction and practice in the nature of military training as may be necessary to acquaint him and keep him acquainted with squad and company drill and to render him thoroughly efficient in the use of the arms at any time prescribed for the use of warders. The hours of duty to be exacted from warders shall not ordinarily exceed an average of 8-1/2 hours or a maximum of 9-1/2 hours on any one day. Each of these periods includes half an hour's drill. ### 288. Military discipline of warders. - Warders shall be subject to such discipline in the nature of military discipline, as may, in the opinion of the Inspector-General, be deemed necessary for the efficient discharge of an duties and functions connected with the protection and management of the Jail. ### 288A. Rewards. (1) Good conduct stripes not exceeding three in all and two on any one occasion may be given to a warder by the Superintendent of a Headquarters Jail (see paragraph 267) for good service within the course of his duties such as - (a) Special excellence in drill. (b) Special good work in garden, factory or elsewhere. (c) Rendering prompt first aid in case of accidents. (d) Exemplary service over a long period. (e) Furnishing valuable information. (2) The award of a good conduct stripe shall be recorded in the service book of the receipient and shall be shown in the monthly service sheet. (3) The Superintendent of any Jail may deprive a warder or a head-warder of one or more good conduct stripes for any act of misconduct, subject to confirmation by the Superintendent of the Headquarters Jail of the circle to which his Jail belongs. (4) Such forfeiture of good conduct stripes shall be recorded in the service book of the officer concerned and shall be shown in the monthly service sheet. (5) Good conduct stripes shall be worn on the sleeve of the right arm half way between the elbow and the wrist. (6) A warder promoted to head-warder may continue to wear all good conduct stripes of which he may be in possession. (7) The Superintendent of a Jail other than a Headquarters Jail shall refer every case for the grant of good conduct stripes to the Superintendent of the Headquarters Jail of the circle to which his Jail belongs, who will make such award as he considers suitable. (8) The Superintendent of any Jail may grant, in addition to any other reward for which he may be eligible, a commendation certificate to a warder or head- warder who gives valuable information. (9) The Inspector-General may award good conduct stripes and cash rewards not exceeding Rs. 10 in any one case, to a warder or head-warder or gate- keeper for special services of the kind specified in Rule (1) and also for the following :- (a) Bravery in preventing an escape or disturbance, etc. (b) Special skill or energy in recapturing a run away where the escape was not due to the negligence of the warder or head warder whom it is proposed to reward. (c) Securing the highest number of marks in the annual firing competition. (d) Rendering valuable assistance to the officers of the Jail in its management. (e) Furnishing a clue which leads to the discovery of stolen Government property, or giving information regarding plots for escape or for mutiny, etc. (f) Exceptional fidelity or courage. (g) Special care of uniform, arms and equipment. (h) Paper making. (i) Gardening. (j) Other miscellaneous service. provided that the total rewards granted for good paper making shall not exceed Rs. 250 a year. (10) The Inspector-General may grant a reward not exceeding Rs. 25 to any person other than an officer of Jail Department who furnishes valuable information e.g., as regards stolen Government property, misconduct of warders etc. (b) Additional Establishment of Warders ### 289. [ Temporary warders in emergencies. [Part II, Rule 160. See paras 10, 20 and 25.] - When, for any sufficient reason, it is, in the opinion of the Superintendent, necessary to entertain any number of warders, in excess of the scale for the time being fixed under Section 6 of the Prisons Act, 1894, and the matter is so urgent that the previous sanction of the Inspector-General cannot be obtained, the Superintendent may, subject to immediate reference to the Inspector-General and in anticipation of sanction, entertain such number of additional warders as may be necessary] ### 290. Pay of Temporary warders, Sanction to their entertainment. [\\\] [Deleted by Haryana Correction Slip No. 32 dated 9.2.1984.] (c) - Warders on Contract ### 290A. - [\\\] [Deleted by Haryana Correction Slip No. 32 dated 9.2.1984.] (d) - Head Warders ### 291. Summary of duties of head warders. - It shall be the duty of every head warder to - (a) superintend the warders subordinate to him in the discharge of their duties; (b) assist in every possible way in the management of the jail, the prevention of escapes and the maintenance of order and discipline generally amongst subordinate officers and prisoners; (c) comply with the requirements of all laws, rules, regulations, directions and orders for the time being in force as to the duties which he is to perform and the manner in which he is to perform them; (d) obey the orders of all officers superior to him in rank; (e) assist the Deputy Superintendent in all routine duties; (f) open in the presence of the Deputy Superintendent the sleeping wards, cells and other compartments each morning and count the prisoners; (g) distribute the prisoners, who are liable to labour each morning, to their respective workgangs; (h) cause the name and prison-number of every prisoner placed in charge of any warder to be entered in the proper gang-book; (i) issue all necessary tools, implements, raw materials and other articles required for the day's work and to make a record of all articles so issued; (j) collect all such articles, together with the produce, if any, of the prisoners' labour, after the period prescribed for work is over each evening; (k) satisfy himself that all articles issued have been duly returned to him or accounted for; (l) measure or check the task (if any) performed by each prisoner and note the same in the labour register; (m) superintend the use of the latrines and all bathing and feeding parades; (n) check the prisoners at each change of guard; (o) cause all gratings, doors and the like to be secured and satisfy himself from time to time that they are secure; (p) cause all bamboos, scantlings, poles, ladders, ropes, well gear and other articles likely to be used for, or to facilitate the escape of any prisoner to be removed and placed beyond the reach of the prisoners in the places prescribed for storing or keeping the same; (q) keep constantly moving about while on day duty, amongst the prisoners, supervising the work and discipline of the Jail and keeping the warders and convict officers on the alert; (r) in the presence of the Deputy Superintendent to count, search and lock the prisoners up in their respective wards, cells and other compartments, at the prescribed time, each evening; and (s) give the warders half-an-hour's drill daily. ### 292. Duties of head warders on relieving guard. (1) Every head warder shall at least ten minutes before the hour fixed for relieving the guard on duty, collect the warders of the relieving guard at the main gate of the Jail. At the proper time he shall march the relieving guard of warders to their respective posts, and remove the guard to be relieved. (2) When relieving the warders of gangs working inside and outside the walls, the head warder of the relieving guard shall, before removing the warders then in charge and about to be relieved muster the prisoners and satisfy himself that the gang is complete and is made up in the manner recorded in the gang-book. ### 293. How the relief of warders to be carried out. - Warders whether going on or off duty, shall be marched in double file. Each warder shall be posted in the presence of both the relieving and relieved head warders, the relieving warder being taken from the front, and the relieved warder falling in at the rear of the squad. When the relief is complete, the relieved head warder shall march the relieved warders to the main gate and then dismiss them. ### 294. Relief of gate-keepers. - The head warder for the time being on day duty shall be responsible that the gate-keepers are relieved and changed as often as may be prescribed by the Superintendent in that behalf. ### 295. Periods of duty, Drill, Arrangements of Duties. (1) Every head warder shall ordinarily be on duty for six hours daily, exclusive of the period spent on night duty and drill, and at the opening of wards, cells and other compartments in the morning and the locking up of prisoners at night. (2) Every head warder shall attend such drills and parades for instruction in drilling, manoeuvring practice in the use of arms and other matters in the nature of military training, as the Superintendent may from time to time prescribe in that behalf. (3) The periods of duty shall be so arranged that a head warder shall be present at every relief of warders from duty of any kind throughout the day and night. ### 296. Remission of drill to head warders. - Every head warder shall attend drill parades daily, until he becomes himself qualified to drill the warders, when he shall not, except as a punishment, be required to attend more than twice a week. ### 297. Procedure in relieving guards over females prisoners. - In the case of jails, wards and other compartments set apart for female prisoners, at each change of warders, the relieved and relieving head warders shall, without entering the wards, cells, compartments, or enclosures occupied by female prisoners, ascertain from the female warders or female convict- officer in charge, as the case may be, that all the female prisoners who should be confined therein are present. ### 298. Custody of keys. (1) The keys of jail shall, when not in use or in the personal custody of any officer of the jail, be kept in a locked receptacle to be kept for the purpose at the main gate, and the key of such receptacle shall, by day, be retained by the head warder, and by night, by the patrolling officer for the time being on duty. (2) Any keys which any officer may have to carry about his person, while on duty, shall be attached to his person by means of a stout chain. ### 298A. Duties of head warders responsible for drill. - The duties of the head warders responsible for drill are to - (a) give each warder (except those who are exempt) half an hour's drill daily, and report every such warder who absents himself, (b) give effect to any punishment drill ordered by the Superintendent, (c) inspect daily all arms and accoutrements and see that they are kept clean and fit for immediate use, (d) take charge of the armoury, ammunition and spare accoutrements, keep the key of the armoury in his possession, see that the ammunition is kept dry and in good order, that ten rounds of buckshot ammunition for each rifle are always kept ready for use. (e) satisfy himself that each sentry knows and understands the orders for his post, and (f) keep an account of ammunition in stock received and expended. ### 298B. Report to be made by head warders on arrival of Superintendent. - The head warder shall, on the arrival of the Superintendent daily, report to that officer - (a) if the arms and ammunition are ready for use in case of emergency, (b) any other matter of importance that has come to his knowledge, (e) Gate-keepers. ### 299. A gate-keeper to be on duty. Record of reliefs. (1) A warder or an ex-military officer specially appointed for the purpose shall be constantly on duty, as gate-keeper, at the main gate of every jail, between the hours of opening the jail in the morning and closing it at night. (2) At every relief of any gate-keeper, a note of the hour of such relief shall be recorded and signed by both the relieved and relieving officer. [Note. - Ex-military Indian Officers appointed as gate-keepers shall, in addition to their normal duties, supervise and be responsible for the jail warder guard in respect of the following matters, viz., drill, care of equipment, sanitation and tidiness of the lines.] [P.G. No. 4325-Jails, dated 6th February, 1931.] ### 300. Duties of gate-keeper. Power to stop and search persons. - The officer acting as gatekeeper, or any other officer of the prison, may examine anything carried in or out of the prison, and may stop and search or cause to be searched any person suspected of bringing any prohibited article into or out of the prison, or of carrying out any property belonging to the prison, and, if any such article or property be found shall give immediate notice thereof to the Deputy Superintendent. ### 301. Gate-keepers, Registers. Duties stated generally. (1) In addition to the duty prescribed for gate-keepers in Section 21 of the Prisons Act, 1894, the gate-keeper shall maintain such registers and enter therein such particulars as the Inspector-General may from time to time prescribe in that behalf. (2) The gate-keeper shall comply with all rules, regulations, directions and orders respectively, for the time being in force regulating the persons who may be permitted ingress to and egress from, and the articles which may be taken into and brought out of the jail and, generally, the duties which he is to perform and the manner in which he is to perform them. ### 302. Record of persons and things passed into or out of the Jail. - The gate-keeper shall keep a record, in the prescribed register; of the names of all persons whomsoever, who at any time pass into or out of the jail, with the hour and minute, of the entrance and exit of every such person, and, as far as may be, the name and a sufficient description of every article of whatever kind passed into or out of the jail. ### 303. Description of gate registers. (1) The record of all persons who pass in or out of the jail prescribed by the preceding rule shall be kept in two separate books, namely :- (a) a register of all prisoners with the names of the officers in charge of them, and. (b) a register of all other persons. (2) The sufficient description of every article means the name, number or weight, as the case may be and such other particulars as may be necessary, of all goods, tools, stores or other articles passed into or out of the jail. Note. - The name of the officer in whose charge authorised articles are passed in, or out, with the minute of their passage should be recorded. All entries of persons or articles should be made at the time of their passage and in consecutive order. ### 304. Hours of duty of gate-keepers. - At the opening of the jail, the gatekeeper of the first watch shall come on duty and remain between the gates until duly relieved. For these officers, the day may be divided into two or four watches as may be deemed expedient. ### 305. A convict to assist the gate-keeper. - In Central Jails and large District Jails a convict, able to read and write, may with the sanction of the Inspector-General, be employed to assist the gate-keeper. When applying for sanction, full particulars of the prisoner should be stated. A convict allowed to assist the gate-keeper shall on no consideration be entrusted with keys. ### 306. Working of the double-gate system. - In Jails provided with the double gates and wickets, the gate-keepers shall open only one gate or wicket at a time, and before doing so, shall assure himself that the other means of entry and exits are securely bolted and locked. Ingress and egress for ordinary purposes shall take place through the wicket door-ways. The inner gate shall be provided with an eye-hole to enable the gate-keeper to see into the jail without the necessity of opening either the inner gate or wickets. ### 307. x x x x ### 308. Procedure when passing prisoners into or out of the jail. - When prisoners have to be passed into or out of jail with double gates, the following procedure shall be followed: (1) On passing prisoners out, the gate-keeper shall first let them through the inner wicket and having locked it, shall write in full in the register provided for the purpose, the names of all the prisoners, the warders in charge and convict officials assisting them. He shall then open the wicket in the outer gate and count the prisoners as they pass out, to verify the total. (2) The list of the gang having once been made in the gate register need not be written on each occasion of its passage through the main gate, but every change in the gang must be noted and attested by the signature or seal of the warder in charge, as well as by that of the gate-keeper, who shall at once report to the Deputy Superintendent the circumstance. (3) On a gang returning, to the entrance from outside, the gate- keeper shall open the outer wicket (the inner one being locked first) and admit the gang to the passage between the gates. He shall then lock the outer wicket and call out the names of each prisoner, convict officer and warder as recorded in the register. The gang having been found correct, he shall open the inner wicket and count the prisoners as they pass into the jail, to verify the total number. (4) The gate-keeper shall not allow any prisoner to be taken out of the jail, who is not wearing the prescribed ring on his left ankle, or who is not in charge of a guard of the proper strength duly authorized to take him outside. ### 309. Gate-keeper responsible for the cleanliness, &c., of the main gate. - The gate-keeper shall be responsible for the cleanliness of the jail front, the main gates and the passage between them and all articles placed there under his charge. He shall also be responsible that the torches, &c., required in case of a night alarm are present and in serviceable condition. ### 310. Persons allowed to enter the jail. - The gate-keeper shall be furnished with a list of all officials and visitors who are entitled to enter the jail and shall admit such persons on their presenting themselves for admission. He shall not admit any one else except the officers of the jail who are authorized to enter unless under a written order from or when accompanied by, the Superintendent, the Inspector-General, or the Magistrate of the District. ### 311. Officers ordinarily exempt from being searched. (1) All official and non-official visitors, casual visitors admitted by order of the Superintendent, Inspector-General or District Magistrate as well as the higher officials of the jail, including head warders shall ordinarily be exempt from being searched. (2) Should the gate-keeper have reason to suspect that any officer ordinarily exempted from search, is introducing or removing prohibited articles he may detain the person between the gates and send notice to the Deputy Superintendent, who shall himself search the person. A copy of this order shall be hung up in the passage between the main gates for general information. ### 312. Power of gate-keeper to detain persons. - Pending the making of a report to the Deputy Superintendent and Superintendent, the gate- keeper may detain, or cause to be detained in custody, any person who may, in his presence, sight or hearing commit any criminal or prison offence at or in the vicinity of the jail gate. ### 313. Gate-keeper's duties with regard to keys. - The gate and the wicket of the gate of every jail shall, except when it is necessary to open the same for the purpose of lawfully passing any person or thing into or out of the jail, be kept shut and locked, and the gate-keeper for the time being on duty shall retain the keys of the locks of such gate and wicket in his personal possession until the prisoners are locked up for the night. ### 314. Making over the keys of the gate at lock-up. - When the prisoners are locked up for the night, a second padlock shall be locked on the wicket of the inner gate, and the gate-keeper shall then deliver the keys of the inner and outer gates to the Deputy Superintendent for custody in the receptacle provided for the purpose in whose presence he shall make over the key of one of the locks of the inner wicket to the patrolling officer on duty inside the jail and the key of the other lock of the inner wicket, together with the key of the outer wicket, to the gate sentry. ### 315. Keys to be kept by the officer in charge of gate picket. - A duplicate of the key kept by the patrolling officer under the preceding paragraph shall be kept by the officer in charge of the gate picket or by the sentry where there is no picket at night to allow of a visit being paid to the jail at night without the knowledge of the officer on duty within. ### 316. Gate-keeper's keys to be kept in a bunch with others. - The gatekeeper shall keep the keys of the main gates and wickets attached to his waist belt by a chain, and in a bunch with a few others, so that it may be difficult for any prisoner obtaining possession of the bunch to ascertain what key belonging to any particular lock. ### 317. Bright light at night. - A bright light suspended from the ceiling shall be kept continuously burning between the gates at night. ### 318. Articles to be kept between the gate. - In the passage between the main gate shall ordinarily be kept - a lock, a weighing machine, a measuring staff, spare fetters and handcuffs, secured on a bar with lock and key, a standing desk with lock and key, for the gate-keeper's books and writing materials. a wall-almirah or box for keys, the Deputy Superintendent's cash chest, a box for torches and oil, apparatus for extinguishing fire, and notice boards. (f) - Warders ### 319. Warders to have a particular charge assigned to them. - Each warder shall have a particular duty assigned to him by the Superintendent or Deputy Superintendent such as charge of a ward, or set of wards, a workshop or set of work-shops, or gang of prisoners either inside or outside the jail. The posts and duties of warders shall be frequently changed so as to prevent them from forming relations with any of the prisoners. ### 320. General duties of warders. - It shall be the duty of every warder at all time to- (a) render all assistance in his power in the management of the jail, the maintenance of order and discipline amongst both officers and prisoners and the guarding and defending of the jail and all persons and property kept therein or belonging thereto against the use of criminal force by any person; (b) obey the orders of all officers superior to him in rank; (c) comply with the requirements of all laws, rules, regulations, directions, and orders for the time being in force regulating the duties which he is to perform and the manner in which he is to perform them; (d) take proper care of all property of whatever kind at any time entrusted to him and duly to account for the same whenever called upon so to do; and (e) to be at all times in a state of readiness to turn out fully accoutred and armed immediately, whenever called on to do so or an alarm is given, and to do all lawful acts and things necessary or expedient for the purpose of maintaining order, quelling any disturbance, preventing any combined attempt to escape or to break out of jail, defending the jail and all property therein or thereto pertaining from attacks from within or without the jail. ### 321. Detailed duties of warders. - It shall be the duty of every warder - (a) not to take off any portion of his uniform or lie or sit down whilst on duty, (b) to know the number of prisoners in his charge, to count them frequently during his turn of duty and to satisfy himself that he has in his custody, not only the correct number, but the particular prisoners for whom he is responsible, (c) to search all prisoners he receives in his charge or makes over to the charge of any other officer, at the time of receiving and making over charge respectively, (d) to report every prisoner in his charge who has been idle or who has not completed his task or who has committed any other jail offence; (e) to see that any prisoner who has to go to the latrine at unauthorised times is made over to the charge of a responsible officer whilst away from the gang, (f) to bring to the notice of the Deputy Superintendent any prisoner appearing to be ill or complaining of sickness, (g) to report any plots for the purpose of escaping or of assault or outbreak or of obtaining forbidden articles, (h) to prepare prisoners for muster and parades and to see that each prisoner comes to his proper place in proper order and behaves well, (i) to follow the procedure laid down for his guidance when any prisoner is missed, and (j) to keep his arms and accoutrements clean, in good order and fit for immediate use. ### 322. [ No warder to leave his post. Mode of relief. [P.G. No. 23575-Jails, dated 10.8.28.] (1) No warder shall, while on duty, at any time, under any circumstance, on any pretext, leave his post or absent himself from duty until relieved in due course and released from duty : Provided that he may leave his beat to prevent an escape or to assist in subduing a disturbance taking place within his sight when he is on main wall patrol duty or, when he is in charge of prisoners, if he can do so without serious risk to the safe custody of those prisoners. It rests upon the warder concerned to show that the circumstances were so exceptional as to justify his doing so.] (2) No relief shall, whether by day or night, be effected otherwise than in the presence of both the relieved and relieving officer and also of a third officer, who shall ordinarily be the head warder whose duty it is to carry out such relief. ### 323. Duties of a warder on being relieved. - A warder on being relieved shall explain to his successor what the duties of the charge are, and shall bring to notice any long termed or dangerous prisoners. The relieving officer shall, before taking charge, satisfy himself that the property and the number of prisoners made over to him are correct. ### 323A. [ Duties of the Warders in regard to children. [Added by Haryana Correction slip No. 32 dated 9.2.1984.] - The warder in charge of the barrack ward shall satisfy himself that every child accompanying a prisoner receives the diet prescribed for it and also medical care.] ### 324. Distribution of duties. - The more important duties in every Jail should be entrusted to the senior and experienced warders, apprentice and junior warders being placed in less responsible charges. ### 325. \* \* \* \* ### 326. \* \* \* \* ### 327. Arms of warders. (1) Every warder shall be provided with a military breach-loading fire-arm and buckshot ammunition. (2) All arms and ammunition shall, when not in actual use, be securely kept in the armoury. ### 328. Duties, posting, etc., by whom regulated. - The general duties of watch and ward, the posting and duties of guards and sentries, the fixing of the periods of duty for guards and sentries and of the strength of such guards and all matters relating to the protection of the Jail and of prisoners and the duties of warders and sentries and the like, shall be regulated by the Superintendent in accordance with any general or special orders from time to time issued by the Inspector-General and in emergent cases or matters as to which no provision has been made in any such order, by the orders of the Superintendent. ### 329. Cancelled. ### 330. Cancelled. ### 331. Cancelled. ### 332. Cancelled. ### 333. Warder guard to furnish sentry & assist in night watch. Position and arming of sentry. - The warder guard shall furnish one sentry at the main gate day and night and shall assist in watching at night to the extent prescribed by the Superintendent. (2) The day sentry at the main gate shall be posted immediately outside the outer gate and shall carry his rifle with bayonet fixed. The rifle shall not be loaded, but 12 rounds (a packet of 10 and 2 loose cartridges) of buckshot shall be kept in the pouch which shall be brought round to the front of the belt the flap being left unbuttoned. (3) The night sentry at the main gate shall be posted between the gates and shall also be in possession of 12 rounds of ammunition. ### 334. To provide a second sentry in Central Jails. - In Central Jails, the warder guard shall provide another sentry for the central tower or other commanding position. This sentry shall be on duty from before the wards are opened in the morning till after the lock up at night. If his beat is secure from a rush he shall be armed with a rifle bayonet and ammunition otherwise he shall be provided with a baton. ### 335. Sentry's picket. - Three Junior warders and one Senior warder shall form the main gate picket of every jail from 6 a.m. to 6 p.m. They should be specially selected and as far as possible be ex-soldiers. ### 336. Hours that the warders are to be in uniform. - Every warder shall be in uniform when on duty and attending drill parade. ### 337. Duties of a sentry. - The duties of a sentry are - (a) to mount guard with fixed bayonet, move briskly on his post with his rifle at "the slope", and not to order arms nor "stand at easy" for more than fifteen minutes in every two hours; (b) not to enter into conversation with any one except when questioned by a superior officer; (c) not to interfere unnecessarily with any prisoner or jail officer; (d) not to leave his post without regular relief upon any pretence whatever; (e) not to allow any person to approach near his post after dark, without challenging; (f) challenging after dark, to warn the person challenged, if the reply is unsatisfactory to stand until the officer in charge of the picket arrives, bringing his rifle at the same time to "the charge"; (g) challenging on a dark night on hearing voices or the approach of footsteps, if he receives no answer, or an unsatisfactory answer, to call the officer in charge of the picket or, if necessary, give the alarm; (h) when on duty at night to satisfy himself that the main gates and wickets are securely locked; (i) not to allow persons to crowd around him; (j) if he sees a prisoner attempting to escape, to call on him to stand and if he refuses to do so and there is no superior officer present, to fire on the prisoner, provided he cannot otherwise prevent the escape; (k) if he is beyond call and has to alarm the guard to fire a shot in the air as the signal of alarm; (l) if he sees any article in or near the Jail likely to facilitate escape, or if any unusual incident comes under his observation, to at once report the matter to the officer incharge of the picket; (m) when on duty at the main gate at night, not to allow any person to enter or leave the Jail who is not on official duly authorised to enter or leave, and not to permit may warder to enter or leave except when accompanied by the patrolling officer on duty, or one of the superior officials; (n) when on duty at night not to challenge so loudly as to be heard by the patrolling officer or warders on duty inside the Jail, and not give notice to these officers of the approach of any visitor; (o) to retain in his possession at night the key of the lock of the outer wicket and the key of one of the locks of the inner wicket, and; (p) to enforce his orders firmly and without distinction of persons. ### 338. Daily inspection by Superintendent. Reception of visitors. - The members of the warder guard mustered for morning drill, shall be inspected on parade daily by the Superintendent and on his arrival at the Jail, shall "present arms". If an official or non-official visitor arrives while the parade is in progress the guard shall also "present arms" to the visitor. At other times the gate picket shall turn out and stand to "attention". ### 339. Escorts for visitors. - The escort for an official, non-official or private visitor to Jail shall consist of a warder, armed with a baton, from the Warder Guard. This Warder may be taken from the main-gate picket if it is a double one; otherwise he shall be taken from the men detailed for the next relief of the main gate picket. Chapter VII Security and Security Bonds -------------------------------------------- ### 340. Authority to take security. - Under the provisions of Act XII of 1850 :- (a) every public accountant shall give security for the due discharge of the trusts of his office, (b) the security shall be such as shall be required by the authority by which such public accountant is appointed to his office, (c) a public accountant means any person who is entrusted with the receipt, custody or control of any moneys, or securities for money, and (d) any public accountant and his sureties may be proceeded against for any loss or defalcation in his accounts. ### 341. Officers to furnish security and execute bond. - Every Deputy Superintendent, District Probation Officer, Assistant Superintendent, Welfare Officer, Sub Assistant Superintendent, Store Keeper, Head Warder and Warder and such other person employed in a jail, as may be required to do so shall be required to furnish security and execute a bond in form No. 98, for the due performance of all duties that he may be called upon to perform. However, the officials/officers who are appointed for a specific period on purely temporary basis need not furnish any security. For the purposes of this order, promissory notes of the Central or the State Government Post Office Saving Bank deposits, Post Office cash certificates of various categories or security in any other form recognised by Government vide rule 3.6(b) of Subsidiary Treasury Rules, Punjab shall be accepted. The security may at the option of the Inspector-General of Prisons be furnished either in full on appointment or subsequently by special payments or by monthly deductions from pay until the total sum required is deposited. The security deposit shall be hypothecated to Government in the name of the Inspector-General of Prisons, Punjab or the Superintendent of the jail. The amount of security to be furnished by each officer and the monthly deductions to be made, if authorised, shall be as follows. :- \| \| \| \| \| --- \| --- \| --- \| \| \| Account of Security \| Monthly deduction if authorised shall be not less than \| \| \| Rs. \| Rs. \| \| (i) Dy. Supdt. Grade I \| 2,000.00 \| 30.00 \| \| (ii) Dy. Supdt. Grade II/D.P.O. \| 1,500.00 \| 25.00 \| \| (iii) Asstt. Supdt./Welfare Officers \| 500.00 \| 10.00 \| \| (iv) Sub-Asstt. Supdt. \| 300.00 \| 10.00 \| \| (v) Store-Keeper \| 750.00 \| 10.00 \| \| (vi) Head Warder \| 360.00 \| 5.00 \| \| (vii) Warders \| 300.00 \| 3.00 \| Note :- Government promissory notes will be accepted at their market value at the time of deposit. ### 342. Deposit of security deductions. - All deductions made and the total amount deposited to date, including interest, and the Pass Book Account No. shall be recorded in the column provided for the purpose in the acquittance roll (Register No. 41). All deposits shall be definitely pledged to the Superintendent of the Jail to which the subordinate is attached, and the latter shall open an account for the security in his own name and be treated as the actual depositor, the Pass Book being issued to him and interest accruing on the deposit being paid to him. The usual letter pledging the security will not be required but the name and occupation of the person pledging the security shall be recorded on the opening page of the Pass Book, in addition to the designation of the person to whom the security is pledged, e.g., "Superintendent, Central Jail. Lahore on account of Karam Bakhsh Warder." Each subordinate's monthly deposit shall be paid into the Post Office Savings Bank immediately after his pay has been drawn, the amounts so realised and paid into deposit with the dates of realization and payment being entered in the general Cash Book. Interest accruing on deposits shall be credited to the undeposited portion of the security. If the security is fully paid up, interest shall be disbursed to the owner. ### 343. Custody of Savings Bank Books. - The savings bank books shall be kept by the Deputy Superintendent in his cash chest and placed before the Superintendent when required for examination and verification of the entries in the Cash Book. ### 344. Disposal of security deposit on transfer of an officer. - On the transfer of an officer, the Superintendent of the Jail to which such officer is attached shall arrange for the transfer of the security deposit and pass- book to the Superintendent of the Jail to which the officer is being transferred. ### 345. Procedure when deposit amounts to Rs. 500. - When the amount of security deposited in the Savings Bank on behalf of an officer amounts to Rs. 500, application shall be made by the Superintendent of the Jail to the Reserve Bank of India to arrange for the purchase of a Government promissory note in accordance with Article 86(b) of the Security Manual. The depositor shall pay all charges incident upon the purchase; if he prefers to make the purchase himself. If he may do so, and when the note has been duly endorsed and tendered, he will he entitled to a refund from the Savings Bank of an amount equal to the market value of his note. ### 346. [ Security in promissory notes. [G. of I. Resolution No. 4579-A of 29.7.1903.] - All Government promissory notes tendered as security, shall be endorsed by the depositor to the Reserve Bank of India or order and sent to that officer through the Inspector-Genera1.] These notes, with such as the Reserve Bank of India may purchase with security money, will be converted into stock and interest falling due upon them will be distributed periodically by that officer who will issue orders making such interest payable at the local treasury. These orders will be sent through the Superintendent of the Jail concerned to the depositor. Note :- Promissory Notes for transmission through the post should be cut in halves, but should be despatched whole in covers insured for Rs. 100. ### 347. Procedure when full security is deposited. - When the full amount of security has been deposited, the depositor shall be informed and further deductions from his salary stopped. In the case of a warder, the Superintendent shall furnish him with a certificate that the security has been fully deposited (stating the amount), and should advise him to send it to his heirs or representatives, so that in case of his death, they may put in a claim for the return of the deposit. ### 348. Disposal of security on death or retirement. - On the death of an officer, the Superintendent, shall after the lapse of a period sufficient to satisfy himself that no claim or demand is outstanding (such a period in no case to exceed six months from the date of death), if the officer's security is deposited in the Savings Bank, draw the security money or if the security is in promissory notes, apply to the Inspector-General for the notes which shall be endorsed by the Inspector-General to the Superintendent, to whom they shall be sent. Any money claim that Government may have against the deceased officer, not covered by pay or other money due to him, shall then be recovered by the Superintendent, from the security deposit money, or money realised by the sale of the notes, as the case may be, and the balance shall be paid to the heirs of the deceased officer. If no recoveries are to be made the full security deposit or the promissory notes duly endorsed shall be made over by the Superintendent to the person authorised to receive the money or the notes. On the retirement, resignation or discharge of an officer the same action shall be taken, except that the balance of money after the settlement of Government claims, shall be paid to the officer concerned or, if the security is in promissory notes from which no claim has to be realized, they shall be delivered to him duly endorsed. A receipt should be obtained for all money or notes made over. ### 349. The execution of security bond. - Security bonds (Form No. 98) shall be executed as soon after appointment as possible. In the case of [Deputy Superintendents, Senior Assistant Superintendents, Assistant Superintendent, Sub Assistant Superintendents] [G. Words 'European Warders' substituted vide Haryana correction slip No. 32 dated 9.2.1984.] and such other persons except warders who are required to execute them, the bonds shall be registered and forwarded to the Inspector-General for safe custody. The bonds of warders shall be kept in the custody of the Deputy Superintendent and sent with the service book when the warder is transferred, they need not be registered. Note :- No stamp is necessary. ### 350. Cancelled. ### 351. Forfeiture of security. (1) Any officer who violates the terms of his security bond is, as therein laid down, liable to the forfeiture of the whole or part of his security. No officer shall, however, forfeit any part of his security without the sanction of Inspector-General. (2) Whenever the Superintendent is of opinion that an officer deserves to have his security forfeited in part or whole, he shall refer the case to the Inspector-General and set forth fully his grounds for such opinion. Chapter VIII Uniforms, Accoutrements, Ordnance Supplies and Military Training ---------------------------------------------------------------------------------- ### 352. The uniform for a Deputy Superintendent shall be Khaki Bushirt - Jali cloth, turned down collars, full sleeves with belt of same cloth, two breast and two side pockets with plain flaps to button shoulder straps plain fastening at top with a button, letters "H.J.", and a brass Ashoka emblem across centre of straps (summer) . Trousers - Slack, Khaki drill without turns. Shirt Khaki. - Full sleeves, turned down collars with tie, shoulder straps plain fastening at top with a button; letter "H.J." and a brass Ashoka emblem across centre of straps and web belt (winter) . Head dress - Peak cap for non-Keshadharis and Khaki muslin turban for Keshadharis. Boots :- Brown, ankle laced. Sword :- Native, Infantry Regulation. Scabbard :- Brown leather. Sword Knot :- Brown leather. Sword-belt - Brown leather Sam Brown belt with one brace over the right shoulder and a sword frog attached by slings to the belt, whistle fastened with a silk cord to be carried in left chest pocket. White metal fittings throughout. Greatcoat :- Khaki warm - Police pattern but with Jail pattern Buttons. ### 353. Uniform of Senior Assistant Superintendent, Assistant Superintendent and Sub-Assistant Superintendent. - The uniform for a Senior Assistant Superintendent and Assistant Superintendent and a Sub-Assistant Superintendent shall be the same as prescribed for the Deputy Superintendent but with the following exception:- (a) Khaki woollen beret with departmental badge in place of peak cap in case of non-Keshadharis. (b) Three stars of brass in case of Senior Assistant Superintendent, two stars in the case of Assistant Superintendent and one star in case of Sub-Assistant Superintendent shall be substituted for Ashoka emblem. ### 354. Uniform for European Warder. - The uniform of a European Warder for both winter and summer wear shall be similar to that prescribed for Assistant Superintendent with the following differences :- (a) A plated badge with the "warder" in half inch electro-plated letters, to be worn on right side of collar. (b) Pouch and Pouch-belt not to be worn. (c) Waist-belt, brown leather as for warders, to be worn over jacket. Head-dress. - Military Regulation helmet, covered with khaki drill and with khaki muslin pugree for day wear. Fatigue cap. - Drab woollen cloth for morning and night wear. ### 355. [ [P.G. No. 12223 H.- Jails dated 5.6.28.] (1) The uniform of a warder shall be-] (a) Winter wear - Blouse. - Khaki drill made loosely, in length to reach to the tip of wearer's forefinger, to have collar 1 inch high, hooking in front with one hook, two breast pockets with plain flaps fastening with jail pattern buttons of brass, letters P.J., in brass across shoulder straps which will fasten at top with one button, three small size Jail buttons (brass) down the front. Knicker bockers. - Khaki drill made loosely. Greatcoat. - Police pattern. Jerseys. - Woollen, to be worn under the blouse. (b) Summer wear - Shirt. - Khahi twill. Short. - Khaki drill. (c) Both seasons. Head Dress. - Khaki muslin pugree 5 yards long, one inch of the cloth at either end to be knotted and made into a fringe, and khaki kullah or khaki muslin cloth 4 yards long and 11 inch wide to be worn under the pugree. Shoes. - Plain country brown leather. Waist-belt. - Brown leather brass clasp with the letters P.J. and the word "Warder" embossed thereon to be worn over blouse, Patti. - Khaki cotton. Note 1 :- Khaki kullas shall be worn by non-Sikh warders and khaki muslin cloth by Sikh warders. [Note 2 :- Shirts and shorts shall not be worn on special "parades". [P.G. No. 9429-Jails, dated 203.22.] (2) The uniform of a Head Warder shall be the same as prescribed for warders with the following additions :-] (a) Three chevrons on right sleeve above elbow. (b) Waist belt to have the words "Head Warder" embossed on the clasp. (3) The senior member of the warder establishment of any jail shall be called Chief Head Warder, and his uniform shall be the same as for warders with the following difference :- (a) Four chevrons reversed on right sleeve below elbow with a crown above them. (b) Sword. - Native infantry pattern (Non-Commissioned Officer's pattern). (c) Scabbard. - Brown leather with steel mountings. (d) Sword belt. - Same as for Deputy Superintendent. Note :- Chevrons shall consist of black braid on red ground. ### 356. Uniform of a matron or female warder. - The uniform of a matron or female warder shall be :- A cheddar and kurta of garah cloth with red border 1 inch wide, a Pyjama of plain blue garah cloth, shoes of plain brown country leather, and woollen Jersey for cold weather wear. ### 357. Certain officers to provide their own uniform. - Every Deputy Superintendent, Senior Assistant Superintendent, Assistant Superintendent, European warder shall provide himself with the uniform prescribed. A supply of drill cloth, buttons, letters, &c., of the standard pattern will be maintained at the Lahore Borstal Institution, where these officers may obtain them on payment. ### 358. [ Articles of uniform, etc., supplied free to warders. [P.G No. 12223 H.- Jails dated 5.4.28.] - Every warder shall be provided with uniform, etc., free of charge, according to his rank and grade. The articles so supplied, and the period which each article continues to be Government property from the date of its issue, are shown in the following table :-] \| \| \| \| \| --- \| --- \| --- \| \| Articles \| Period which each article continues to be Government property from date of issue \| Remarks \| \| MALE WARDERS \| \| \| 1 drill suit \| 2 years. \| 4 years for sub jail Dharamsala and 7 years all other jails. \| \| 1 drill short \| 2 years. \| \| \| 1 pugree \| 1 year. \| \| \| 1 khaki twill shirt \| 1 year. \| \| \| 1 pair of shoes \| 1 year. \| \| \| 1 kullah or muslin 4 yards eleven inchs. \| 2 years. \| \| \| 1 tin polish \| 1 year \| \| \| Chevrons \| 2 years \| \| \| 1 pair cotton pettis \| 1 year \| \| \| 1 woollen jersey \| 3 years \| \| \| 1 Greatcoat \| 4 years \| \| \| 1 set of buttons and letters \| 5 years \| \| \| Sword-belt \| 10 years \| \| \| Waist-belt \| 10 years, \| \| \| Ammunition pouch \| 10 years, \| \| \| Rifle sling \| 10 years \| \| \| 1 whistle \| Always \| \| \| 1 sword \| Always \| \| \| 1 batton \| Always \| \| \| FEMALE WARDERS \| \| \| 1 chaddar \| 1 year \| \| \| 1 pair pyjamas \| 1 year \| \| \| 1 cotton coat \| 1 year \| \| \| 1 pair of shoes \| 1 year \| \| \| 1 woollen jersey \| 3 years \| \| \| BOTH SEXES \| \| \| 1 kit box \| Always \| To be uniform in size and colour. \| \| 1 charpoy \| \| \| \| \| \| Ditto \| Note 1 - Two drill suits, 2 pugrees, one shirt, one short, one greatcoat, one Jersey, one pair of shoes and two pair of cotton putties will be issued to male warders and 2 kurtas and 2 pyjamas to female warders as a first issue, in addition to the other articles to which they are entitled. Woollen jersey and greatcoats shall not be issued to warder enlisted between the 15th April and 1st September, until the 15th of the latter month. Note 2 - Every jail shall when necessary be supplied yearly with complete suits of uniform (except shoes) for the use of temporary warders, according to season and requirements. Shoes shall, however, be provided for the use of those temporary warders whose appointment is likely to last for a year or more. Articles not in use shall be kept in the custody of the Deputy Superintendent, and time-expired or unserviceable articles of such uniform shall not become the property of such warders. No temporary warder shall be allowed to enter a jail unless he is properly dressed in such uniform.fP.G. No. 6399 H.-Jails dated 20.2.30. Note 3 - The period passed by a warder or head warder on leave, other than casual leave, should not be calculated in estimating the period due for a new issue of uniform. Note 4 :- Each jail will stock dubbin and metal polish according to the number of warders at the rate of 1/2 lb. dubbin and 4 oz. metal polish per head per annum. These articles will be kept with the Deputy Superintendent, and will be issued to warders when required for use only. Metal polish will be prepared at the jail in the following manner :- \| \| \| \| --- \| --- \| \| Kerosene oil \| 10 oz. \| \| Methylated spirit \| 5 oz. \| \| Turpentine oil \| 5 oz. \| \| Globe polish 1 small tin \| 5 oz. \| [Note 5 :- An extra pair of shoes will be issued to warders and head warders posted at Dharmsala Sub-Jail after a stay in each case at Dharmsala for period of 6 months] [P.G. No. 232 (H.-Jails), dated 3.1.29.] ### 359. (1) Preparation of annual indent and other matters concerning the supply of uniform. (1) The Superintendent shall indent direct on the manufacturing Jails for the articles of the uniform of the warder establishment not later than the 1st September of the year preceding that for which the articles are required. (2) The Superintendent may indent for uniform for the full permanent establishment of the Jail, together with the number of extra articles likely to be required for temporary warders and in cases of Headquarter Jails for first issues as laid down in the notes to the preceding paragraph. (3) In the case of articles issued at longer intervals than a year, jerseys shall be requisitioned for one-third and greatcoats for one-fifth of the strength of the warder establishment. Example. - Greatcoats are supposed to last five years, so that one-fifth of the sanctioned establishment can receive new greatcoats every year, similarly jerseys for one-third of the strength can be indented for yearly, and so on. (4) [ The uniform shall be made according to actual measurement of individuals. The articles of uniform shall be supplied by a Jail or Jails as the Inspector-General Prisons may prescribe.] [Substituted vide Haryana Correction slip No. 32 dated 9.2.1984.] (5) The Superintendent shall order the uniform, &c., accordingly, from the manufacturing jails. (6) When received, they shall be distributed by the Superintendent who shall maintain a clothing register, showing the dates of issue of all articles. (7) Woollen putties and greatcoats shall be supplied by the Montgomery Central Jail, pugrees by the Multan Central Jail Old, and all other articles by the Lahore Borstal Institution or by such other Jail or Jails as the Inspector- General may from time to time decide. (8) Each Jail shall be debited with the cost of uniform supplied. ### 360. The making of uniform. - Every article of clothing shall, before it is issued, be marked with the permanent number of the warder and the date of issue, in one inch figures in the case of woollen articles, and in half-inch figures on cotton articles as follows :- Blouse, drill - on the inside of back of neck band. Jersey - on the inside of back between the shoulders. Great coat on the inside of back between the shoulders. [Kniker-bokers] [For Haryana read words 'Trousers' instead of Kniker Bolters (Correction slip 32 dated. 9.2.84.] - on the waist-band. Pugree - on the reverse side of one end. [Putties] [The Word Putties deleted by Harayana Correction slip 32 dated 9.2.84.] on the reverse side of one end. Note :- For marking cotton articles dhobi's nut with steel dies, should be used; and for woollen articles white paint should be used with wooden dies. ### 361. Condition under which the free issue of uniform. &c., is made. (1) Every article of uniform including shoes, supplied free by Government to any warder, is Government property during the period for which it was issued and shall be duly accounted for during such period, but shall be taken by the warder wherever he may be transferred. Each such article becomes, on the expiration of the period for which it was issued, the absolute property of the officer in whose possession it is at the time. (2) Arms and accoutrements, such as belts, badges, sword-slings, bayonet- frogs, ammunition pouches, batons, &c., shall remain at the jail to which they were supplied, any officer losing or damaging any of these articles otherwise than by fair wear, shall be required to pay the cost of renewal or repair as the case may be. ### 362. Kit inspections. Lost or unserviceable articles to be replaced. (1) A kit inspection shall be held by the Superintendent once in each month, ordinarily on the first Wednesday, when every warder shall be required to exhibit all the articles, the property of Government, issued to him. Any article which has got lost or become unserviceable during the period for which it was issued shall be replaced at the expense of the person to whom it was issued, the value being recovered from the pay next due to him, provided that not more than Rs. 2 shall be recovered in any one month. (2) Spare articles of clothing for sale shall be maintained at each Headquarters Jail and spare buttons and letters for sale at all jails. Any article purchased to replace one lost or unserviceable shall be marked with the purchaser's number and the date on which the last free issue of a similar article was made to him, it shall become his private property when the period of issue of the article of which the substitute it is, expires. Note :- Two complete drill suits, together with the other articles of uniform issued, are to be submitted for inspection. ### 363. Adjustment of the cost of uniform when an officer leaves the service. - If a warder is discharged, dismissed or resigns, retires or dies before the period for which any cotton or woollen article of uniform or shoes issued to him expires, the "unused value" of such article shall be deducted from any moneys due to him, and the articles then becomes his property or the property of his heirs. Other articles, the property of Government issued to him, shall be returned to store, a deduction being made for any loss or damage beyond what can be attributed to fair wear. Note 1 :- The unused value of any article is that part of its total cost which corresponds with the time it is still to last, as compared with the period for which it was issued. In the calculation, less than 15 days shall not be counted and more than 15 days shall count as a full month. Example. - A pugree should give 12 months' wear. If after three months and eight days the warder to whom it was issued resigns, 9/12 or 3/4 of the cost of the article shall be deducted from any money due to him, and the pugree then becomes his private property. Similarly after 5 months and 17 days, 6/12 or 1/2 the cost would be deducted. Note. 2 :- In the case of a drill blouse or great-coat, the calculation shall be made on the number of cold weather month's wear the article is supposed to give, and the number of cold weather months remaining, till a new issue of the article becomes due, the cold weather counting from the 15th October to the 15th of April. Example. - A drill blouse is issued on the 15th October, and is supposed to last two years or 12 cold weather months whether the owner leaves the service on the 1st May or the 1st August following, he shall have to refund one half of the cost, as the drill blouse should still have one cold season wear in it. Similarly if he resigned on the 15th January after wearing it one cold season and half another cold season or nine months in all, he would be required to refund one-fourth of the cost. Note 3. - When an article of uniform issued to a warder has been unused at the time of his discharge or death it may be taken back. Note 4. - When the pay due to, and the security deposit, to the credit of a warder, do not cover the estimated unused value of his uniform, all used articles of uniform in his possession shall be auctioned publicly and the proceeds added to the balance of pay and security deposit. Should the total sum so obtained be in excess of the sum recoverable, the balance shall be made over to the warder or his heirs as the case may be, but should the sum be less, the jail shall bear the loss. ### 364. Disposal of money received for uniform. - All moneys recovered from warders under the provisions of the preceding paragraph shall be credited to government under head O-56 Other Receipts Jail Miscellaneous, and the treasury receipts therefor sent to the Superintendent of Headquarters Jails of the circle, for attachment to the combined annual indent of the circle submitted to the Inspector-General. ### 365. Issue of uniform on enlistment or when otherwise due. Clothing sheet. - An issue of uniform shall be made to warders at the time of their entertainment. All other issues shall be made as they become due. The date of issue of every article of uniform shall be recorded in a clothing sheet (Form No. 107), which shall accompany the service-book of the warder wherever he may be transferred. [Note - The period passed by a warder on leave, other than casual leave, should not be calculated in estimating the period due for a new issue of uniform.] [P.G. 13028-Jails, dated 16.4.28.] ### 366. Custody of uniform when a warder goes on leave. (1) When a warder goes on leave for a month or less, he shall make his own arrangements for the custody of his uniform during his absence. (2) When a warder goes on leave for more than a month, he shall make over his uniform to the charge of the Deputy Superintendent, and it shall not be used by any other person during the officer's absence. Note - Uniform not in use may be preserved from injury by insects, by sprinkling amongst the articles before them up, a handful of crude burnt borax (sohaga) or a plentiful supply of neem leaves. All woollen articles in store shall be periodically aired. ### 367. The washing and mending of uniform. (1) Arrangements shall be made in every Jail for washing warder's uniforms, a monthly deduction to meet the actual cost; being made from each warder. Woollen clothing shall be cleaned at Government expense. (2) Uniform damaged by fair wear and tear may be repaired by convict labour free of cost. ### 368. Jail armoury. - A special room near the main gate shall be set apart for storing the arms and ammunition. It shall be furnished with suitable racks for the muskets, and pegs to hang accoutrements on. ### 368A. [ Rules for Jail Armouries. [P.G. No. 19328 (H.-Jails), dated 12.2.22.] (a) The armoury should be at all time be kept scrupulously clean-] (b) A brush or broom should be kept in armoury for cleaning it out on each occasion it is opened for the receipt, delivery or inspection of the stores. (c) No unauthorised person should at any time be admitted into the armoury. (d) The official directly in-charge of the armoury should take care that it is well and securely locked. (e) The armoury should not be opened during, or on the approach of, a storm except in the cases of extreme emergency mentioned in paragraphs 436 to 440. (f) [No lights] [For Haryana Substitute :- 'No exposed light' in place of words 'No light'. See Haryana correction slip No. 32 dated 9.2.1984.] or smoking should be allowed inside the armoury. (g) Boxes containing ammunition or arms should not be thrown down or dragged along the floor. (h) Empty boxes or loose packing materials should not be kept in the armoury. N.B. - The Jail Armoury is not to be used for the storage of dynamite or any explosive, except ammunition. ### 369. Supply of ammunition. Disposal of cartridge cases, &c. The repair of arms. (1) Indents in quadruplicate (IAFZ 2091) for ammunition, shall be submitted to the Inspector-General for submission to the [State Government] [For Haryana 'State Government' substituted in place of Local Govt vide Correction slip 32 dated 9.2.84.] , not later than the 15th March of each year. The following scale of ammunition per man is sanctioned annually :- [Warders - 40 rounds ball, 50 rounds blank and 30 rounds buckshot.] [Resol. No. 11 486-497 of 6.9.1993.] Only ammunition expended and such as may have deteriorated and needs renewal shall be indented for. (2) [ - Ammunition for Deputy Superintendents, Senior Assistant Superintendents, Assistant Superintendents and Sub-Assistant Superintendents should be indented for on the scale allowed for warders.] [See Haryana Correction slip No. 32 dated 9.2.1984.] (3) Unserviceable ammunition, empty cartridge cases and lead shall be returned to the arsenal at the time the annual indent is submitted IAFZ No. 2096 being used for the purpose. (4) Whenever any arms supplied by the Ordnance Department need repair, the Superintendent having inspected the stores and found them repairable, enters them in I.A.F.Z. 2098 in bulk, i.e., Rifles snider pattern 53 No. 7, entering the number in the column headed "as borne on ledger", and also in column headed 'as found.' Column 6 should then be filled in with such explanation as the Superintendent may have to offer such as "fair wear and tear", "repair to be charged to State". etc. The form should then be submitted to the arsenal on which the jail is dependent through the Inspector-General of Prisons, in original only, unless the stores are required to be replaced, when it should be in duplicate and accompanied by a requisition I.A.F.Z. 2091 for the stores required. (5) All the necessary ordnance forms can be obtained on application to the Inspector-General. Note 1. - Ball and blank cartridges should be used for practice and buckshot for service only. Note 2. - Ball and blank ammunition (in metal cases) will only be issued by the Ordnance Department in exchange for an equivalent number of empty fired cases of the same description. Note 3. - Empty paper black cartridge cases should not be returned into Ordnance Store, but should be destroyed by burning. Note 4. - For rules regarding the issue and custody of small arms, ammunition and return of empty fired cases, &c., see appendix No. XVII. ### 370. Firearms to be numbered and placed in-charge of an officer. - Every firearm shall be numbered and placed in the special charge of the officer for whose use it is intended, who will be held responsible that such firearm with the bayonet and accoutrements entrusted to his care, are always kept clean and in good serviceable condition. Note - A list showing the number and name of each officer, the number of his firearm and the various arms and accoutrements for which he is responsible, shall be pasted up in the interior of every armoury. ### 371. Firearm to be kept in a special place. Ammunition to be in readiness. - Each firearm shall have a special place assigned to it in the arms' rack, and bearing the same number so that every officer can find his own readily. The firearm when not in use shall be kept in its own place and near it shall be kept always in readiness a packet of buckshot ammunition. Ball ammunition shall be securely locked up and the key kept by the head warder in charge of the Armoury. ### 372. Inspection of arms, accoutrements and ammunition. - All arms, accoutrements and such ammunition as is left out for emergent use, shall be inspected daily by the head warder incharge of the Armoury and weekly by the Superintendent and Deputy Superintendent. ### 373. A list of arms, &c., to be sent to Inspector-General on 1st December. - On the 1st December of each year, a list of the arms and accoutrements in stock (Form No. 169) with remarks as to their condition and the quantity of each kind of ammunition in store, shall be submitted for the information of the Inspector-General. ### 374. Drill and the use of arms. Weekly drill parade. Exemption from daily drill. (1) Every [Deputy Superintendent, Senior Assistant Superintendent, Assistant Superintendent] [For Haryana in Sub-para (1) of para 374 for the words 'Assistant Superintendent' the words 'sub Assistant Superintendent' shall be added. See Haryana correction slip No. 32 dated 9.2.1984.] and warder shall undergo a thorough training in squad drill and in the use of the arms provided for them. They shall be also put through a course of musketry once a year. (2) Any Deputy Superintendent, Senior Assistant Superintendent or Assistant Superintendent who has acquired a sound knowledge of drill and is qualified to drill the guard, shall only be required to attend the Superintendent's drill parade which shall take place ordinarily on the Wednesday of every week. On these occasions the whole establishment required to undergo training in drill, and available for the purpose, shall be inspected by and drilled in the presence of the Superintendent. Practice with blank cartridge shall take place at these inspections at least once a month (ordinarily at the first monthly parade). Warders who are proficient in drill shall not except as a punishment, be required to be present at drill parade more than three times a week. (3) Subject to the provisions of the preceding clause, and to the exemption in the case of head warders, all officers for whom arms are provided, shall, unless prevented by sickness or absence on leave, be required to attend drill for half an hour either in the morning or evening of every weekday except Thursday. (4) At the weekly inspection parade, the Superintendent should make a close examination of the arms, accoutrements, &c., and satisfy himself that they are clean and in good order, that the men are properly turned out, clean in their persons and clothing, and that no buttons, letters or other articles are missing. ### 375. Instructions as to saluting superior officers. - The following instructions in regard to saluting superior officers shall be observed :- For Deputy Superintendents, Senior Assistant and Assistant Superintendents and head warders. \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Officer to be saluted \| When on parade, armed with sword \| When not on parade \| If drilling with warders in the ranks \| \| Superintendent, official and non-official visitors, and superior officiers of Government \| Shall salute with sword at word of command \| Shall stand at attention and salute with hand \| Shall present arms at word of command \| For Warders \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Officer to be saluted \| When on parade armed \| When passing armed with musket. \| When passing unarmed \| \| Superintendent, official and non-official visitors, and superior officers of Government \| Shall be halted and present arms at word of command. \| Shall slope arms. If marching in squad shall do so at word of command. \| Shall salute with hand in military fashion. \| \| Deputy Superintendent. \| Shall slope arms at word of command. \| Ditto \| Ditto \| The gate sentry shall salute the Deputy Superintendent by coming to attention on his approach, to any officer superior to the Deputy Superintendent and to every official and non-halt official visitor he shall "present arms". A warder sitting, shall, when any of these officers approaches, rise and stand at attention, before addressing an officer he shall (stand) two paces from him and salute with the hand, he shall also salute when withdrawing. ### 376. Swords and fire-arms not to be taken into the jail. - Swords and firearms, with the exception of those allowed for the sentry on duty on the central tower, shall only be taken inside the Jail at alarm parades or under the order of the Superintendent or Deputy Superintendent in time of emergency. (See para 334). Chapter IX Convict-Officers -------------------------------- ### 377. Convict-officers are public servants. - Prisoners who have been appointed as officers of prisons shall be deemed to be public servants within the meaning of the Indian Penal Code. ### 378. Three grades of convict-officers. - There shall be three grades of convict-officers, namely, convict-watchmen, convict-overseers and convict- warders. ### 379. Appointments to be made by the Superintendent. - All appointments to the position of convict-watchman, convict-overseer, and convict-warder, respectively, shall be made by Superintendent : Provided that no prisoner, who does not possess the necessary qualifications, shall at any time be so appointed without the previous sanction of the Inspector- General. ### 380. Qualifications for appointment to the position of convict-officer. - A prisoner who is physically and mentally fit to perform the duties of a convict-watchman, convict-overseer or convict-warder, respectively shall be eligible for appointment to any such office, provided he possesses the following further qualifications, in respect of each such office, namely :- (1) For a convict-watchman, that - (a) he is a prisoner of the casual class; save in the case of jails reserved for habitual prisoners, where prisoners of the habitual class shall be eligible for appointment provided that no habitual prisoner with more than 2 previous convictions shall be appointed as Night Watchman in the habitual barracks; (b) his substantive term of imprisonment is not less than twelve months; (c) he has completed one-third of his substantive sentence; (d) he is a well-behaved and an industrious prisoner; (e) [ If under sentence of imprisonment for life, he has completed not less than 9 years of his sentence, exclusive of any remission earned under the remission rules;] [Clause (e) substituted by Haryana.] (f) he has not been convicted of thuggee, administering poisonous drugs, unnatural offence, kidnapping or abduction for purposes of prostitution, or any, other offence which, in the opinion of the Superintendent, would render it undesirable to appoint him to the office of convict-officer. (2) For a convict-overseer, that - (a) he has served as a convict-watchman for not less than three months; (b) he has, at the time of his appointment earned three-fourth of the remission which it was possible for him to obtain; (c) he has served half his sentence; (d) his work as a watchman has given satisfaction; and that (e) he has a fixed abode. Explanation. - The uncommuted substantive sentence of a life prisoner convicted after the 1st September, 1939 who was eligible and might have volunteered for deportation shall be taken as 14 years for the purpose of promotion to the rank of convict night watchman and convict overseer. (3) For a convict-warder, that - (a) his substantive sentence is not less than three years and that he is a prisoner of the casual class; (b) he has served as a convict-overseer for not less than (a) six months in the case of a prisoner whose term does not exceed three years, or (b) one year in the case of a prisoner whose term exceeds 3 years (c) his work as a convict-overseer has been satisfactory; (d) he is a resident of India; and that (e) if under sentence of transportation for life, he has completed, exclusive of any remission earned under the remission system, not less than - (i) 12 years of his sentence in the case of prisoners who, though eligible, refused to volunteer for deportation, and (ii) 9 years in case of prisoners who are ineligible for deportation. ### 381. The general duties of convict officers. (1) The general duties of a convict-watchman shall be, to - (a) patrol the inside of wards and assist in maintaining discipline and order at night; (b) prevent prisoners leaving their berths except with permission and for a necessary purpose; (c) count the prisoners in his charge frequently, satisfy himself that all are present, and reply when challenged by the outside patrol; (d) prevent, as far as lies in his power, any breach of Jail rules by any prisoners in his charge, and to report the same. (e) report cases of sickness and the use of the latrine otherwise than at the times specified in that behalf; (f) assist in quelling any disturbance and, in case of necessity, defend any official; (g) perform such task as may be alloted to him during the day and render all proper assistance to the warder in charge of his gang; (h) when so required, act as a messenger within the Jail wall and escort prisoners from one part of the Jail to another; (i) watch the jail walls and prevent prisoners from lurking near them; (2) The duties of a convict overseer shall be to - (a) perform all or any of the duties of a convict-watchman which it may at any time be his duty to perform; (b) when so required, patrol the outside of wards all night, in manner prescribed for warders; (c) see that prisoners keep themselves clean, wash and fold their clothing properly and keep their feeding utensils and fetters clean and bright. (3) The duties of a convict-warder shall be to - (a) perform all or any of the duties of a convict-watchman or convict-overseer which it may at any time be his duty to perform; (b) take charge of a certain number of subordinate convict- officers and prisoners inside the jail and see that the duties assigned to such subordinate officers and prisoners, respectively, are properly performed; and to (c) take charge of a section of the jail or a workshop enclosure, maintain order and discipline amongst its occupants, exclude therefrom prisoners who are not, and detain therein prisoners who are, in his charge. ### 382. A convict-officer permanently incapacitated may be reduced. - Should a convict-officer, from any cause, at any time become permanently incapacitated for all or any of the duties required for him, the Superintendent may, with the sanction of the Inspector-General, reduce him to the next grade (if any) the duties of which he is capable of performing or remove him from office. ### 383. Strength of convict-officers. (1) The total number of convict- officers shall be fixed by the Inspector-General, subject to a maximum of 10 per cent of prisoners. ### 384. Cancelled. Chapter X The Safe Custody of Prisoners -------------------------------------------- Section 1 The Guarding of Prisoners ### 385. Main principles to be observed in guarding. - Every prisoner in a jail shall at all times, both by day and night be in charge of some officer, in such a manner that responsibility for an escape resulting from negligence, can be definitely fixed. A record of the names of prisoners made over to each officer during the day shall be kept in a gang-book and every subsequent change of a prisoner from one gang to another, shall be recorded therein under the authority and signatures of an officer not under the rank of a head warder, who likewise at every change of guard shall be present to witness and verify the number of prisoners made over to the relieving officer. The outer walls of the jail shall be watched by day by convict-officers. ### 386. Details of the procedure to be observed in guarding. - The following procedure shall be observed in guarding the jail and the prisoners confined therein - (a) The warder guard shall, after due allowance has been made for leave, sickness, transfer, etc. be divided into two squads as equally as possible which may be called A & B. Squad A will come on duty at 6 A.M. and be relieved by Squad B at noon. Squad B will be on duty till 6 P.M., and will be relieved by the night guard which may be composed partly from Squad A and partly from Squad B. (b) The Deputy Superintendent and the Senior Assistant and Assistant Superintendents, [Sub Assistant Superintendent] [Correction slip No. 32 dated 9.2.84.] together with the warders who are to go on duty in the morning, shall enter the jail together. (c) The wards shall be opened and the prisoners counted out by head warders in pairs in the presence of the relieving warders who are to take charge of the prisoners during the first period of day duty. The Deputy Superintendent, Senior Assistant and Assistant Superintendents, [Sub Assistant Superintendent] [Correction slip 32 dated 9.2.84.] or senior head warder shall verify the number counted out of each ward by comparison with the entry in the lock up register. A head warder shall take charge of the convict officers who are to watch the jail walls during the first turn of duty and post them round the enclosure walls. When this has been done, the relieved warders of the last night watch shall be marched out of the jail and dismissed. (d) On the completion of the parades, the prisoners shall be distributed into their respective gangs, and a responsible officer shall be placed in charge of each gang. The responsibility for the charge of a gang shall never be divided between two or more officers. The strength of a gang working outside the jail walls, but within the jail precincts shall not, without the sanction of the Inspector General, exceed 12 prisoners, which number shall include two convict officers; there shall be at least one warder in charge of every such gang. In the case of prisoners working inside jail walls, each gang may, including the convict-officers attached, contain as many men as can be conveniently and effectively supervised and may, when the warders are insufficient in number, be placed in charge of selected convict- officers. Prisoners shall not be employed beyond the jail precincts, without the special sanction of the Inspector-General. For the guarding of gangs sent to work beyond jail precincts, see the extra-mural labour rules, Appendix No. XV. (e) The warders coming on duty at the opening of the wards in the morning shall be relieved at noon by the squad B which shall be brought into the jail by the head warders taking the second turn of day duty.They shall remain in charge until the prisoners are locked up and the night guard posted. The convict-officers guarding the walls shall in like manner be changed by the senior head warder accompanying the squad of warders entering the jail at noon. (f) When the warders and convict-officers are posted to the several gangs in the morning; the names of the prisoners composing each gang shall be called from the gang-book in the presence of the officer about to take charge, who shall verify the total by counting them. The officer's name shall then be recorded in the gang-book and his receipt taken. Every long termed and dangerous prisoner should be specially pointed out to the warder about to take charge of him, so that a particular watch may be kept on him. At every change of guard the number of prisoners in each gang shall be counted, and in the case of gangs outside the jail, the names of the prisoners composing each gang shall be called over. In large jails there should be several gang-books, so that the rolls may be called simultaneously to save time. Vernacular convict- writers may, when necessary, be employed to assist in writing up the gang- books. (g) On the cessation of work in the evening, the gangs shall be collected and the prisoners in each gang counted and verified. (h) Every warder in charge of a gang working outside the jail walls shall keep a vigilant eye on the prisoners in his gang and shall not allow them to wander or go out of sight on any pretext whatever. He shall be personally responsible for their safe custody throughout the whole period of his duty. Convict-officers assisting a warder incharge of an outside gang shall similarly be responsible for the safe custody of the gang, but their responsibility shall in no way diminish, or detract from the responsibility of the warder. Prisoners working all day at a distance from the jail should be provided with a temporary latrine in close proximity to the work and under the eye of the warder in charge. A warder incharge of a gang inside the jail shall accompany any of the prisoners of his gang when they go outside the jail, leaving the prisoners remaining inside, in the charge of a convict-officer. Only warders of experience should be placed incharge of outside gangs. ### 387. Evening count, lock-up, and disposal of keys. (1) After completion of the evening parades, the first section of night guard shall be brought inside the jail by the patrolling officer; the Deputy Superintendent, Senior Assistant and Assistant Superintendents, [Sub Assistant Superintendent] [Correction slip No. 32 dated 9.2.1984.] and head warders shall then count the prisoners into their wards, cells or other compartments. When all the prisoners except the convict-officers at the walls and those who are to take part in the first watch, have been locked up, the total number of prisoners shall be verified. If found correct, the patrolling officer shall then post the first section of night guard on the main wall on their respective beats and a head warder shall then collect the convict-officers patrolling the walls, take them to the latrine and ablution platform and thereafter count and lock them up. The number of prisoners locked up in each ward or other building as well as the total number of prisoners in the Jail, shall be shown in the lock-up register (No. 14) to which the Deputy Superintendent shall append his signature in token of its correctness. (2) On the completion of the lock-up, the keys of the wards, cells and other compartments where prisoners are confined, shall be collected and counted in the presence of the Deputy Superintendent who shall note the number in the lock-up register. He shall then lock the keys into the receptacle provided for the purpose at the main gate and make over the key of such receptacle to the patrolling officer of the first watch. Each patrolling officer shall in turn make over the key to his successor, and the officer of the last watch shall deliver it to the Deputy Superintendent on his entering the Jail in the morning. The keys of the cook-house and of the wards in which the cooks and convict-officers for night duty are confined shall also be placed in the charge of the patrolling officer. ### 388. Period of night duty. (a) The last section of the night guard shall not be employed in Squad A on the following day. (b) No warder or head warder shall be on whole day duty except the gardener and chief warder. All warders other than the gardener and chief warder shall be required to serve on night duty. ### 389. Employment of convict-officials on night guarding. (a) The barracks shall be guarded inside by convict-officers and they shall be responsible for escapes from sleeping barracks. (b) Convict warders and overseers may be employed in guarding the main wall by night when the number of warders is insufficient. There should be at least two warders to every convict-officer on duty at any time. (c) No convict-officer shall be placed on any beat where he cannot be under the observation of a warder. (d) Convict-officers shall not be employed to guard the main wall at night to a greater extent than is necessary or to relieve warders of their ordinary spell of night duty. (e) Convict-officers shall not be employed to guard prisoners condemned to death or under-trial prisoners or prisoners in huts or tents outside the jail except in cholera or extra-mural camps. They shall not in any case be so employed without the previous sanction of the Inspector-General. (f) Only the most trustworthy convict-officers and those with the shortest unexpired sentence should be selected for duty outside the barrack at night. ### 390. Convict-officers detailed for duty outside to be kept separate. Convict- officers detailed for guarding outside by night shall, when not on duty and whenever possible, be locked up in a ward by themselves. They shall be let out and locked up, before and after their turn of duty, respectively, by both the relieved and relieving patrolling officers. ### 391. Warders to accompany large gangs taken beyond the jail precincts. - When more than 40 prisoners are taken outside the jail to such a distance that the alarm if sounded cannot be heard at the jail and such prisoners are allowed to work together as one party, two or more warders according to circumstances (in addition to the warders and convict-officers in charge of the gangs), armed with rifles and buckshot cartridges shall be told off to follow the gangs and to station themselves in a suitable position to render assistance, should it be required. Note :- The order does not apply to extra-mural labour jails for which special arrangements are made. ### 392. Charge of the under-trial ward. - Unconvicted prisoners shall be guarded by warders and not by convict-officers. ### 393. Duties of the night watch. (a) During the night the officer on duty outside shall patrol the main wall of the jail and shall not quit his beat or sit down. He shall be armed with a baton. (b) The barracks shall be visited once in every hour throughout the night by a patrolling officer who should examine the gratings and doors and satisfy himself that they are secure and that the convict-officer on duty inside is on the alert. He should frequently challenge him with this object and enquire the number of prisoners and if all are present. (c) The main wall should be lighted with lamps burning brightly all night. The quantity of oil allowed for each lamp shall be from 7 to 10 fluid ounces, according to the season. ### 394. Roster of officers for duty. Beat at night to be changed. Record to be kept. (1) A roster showing the turns of day duty of each warder and convict-warder shall be prepared every week, in advance, by or under the orders of the Deputy Superintendent and posted up in some prominent and accessible place. All subsequent changes of duty of officers on the roster should be noted thereon. (2) No officer should be placed on the same beat two nights in succession, nor informed of his beat till he is about to be posted. A record shall be kept showing the officer put on each beat during each watch. ### 395. System of watch inside the wards at night. - Every ward or compartment in which prisoners are confined shall be patrolled inside by convict-officers who should be charged daily and relieved at the time the patrolling officer is changed. A roster showing the names of the prisoners told off to patrol each ward with the hours of duty shall be kept. The patrolling officer shall satisfy himself that the convict-watch inside the ward is changed at the time the patrolling officer is relieved. When exceptional precautions are necessary or a ward is of unusual length, two or more convict-officers may be placed on duty at one time, each being allotted a definite beat. Convict-officers whilst on duty shall patrol their wards, prevent, as far as lies in their power, the commission of any breach of jail discipline, satisfy themselves by frequent counting that the prisoners are all present and intimate the fact to the outside patrol at least once every fifteen minutes. At each change of watch the relieving convict-officer shall report to the patrolling officer the number of prisoners present; in case of any unusual occurrence, he shall give immediate notice to the patrolling officer to take any action that may be necessary. ### 396. [ The lighting of wards at night. [Correction Slip No. 32 dated 9.2.1984.] - Every ward and camp occupied by prisoners shall have suitable lighting arrangement preferably electric installed at suitable strategic points both inside and outside. Besides arrangements in the form of emergency battery separated lights or patromax or hurricane kerosene oil lanterns should be kept ready for instant use in case of power failure.] ### 397. [ Use of night latrines. Prisoners taken ill at night. [Correction slip No. 32 dated 9.2.1984.] - No prisoner shall use the night latrine without obtaining the permission of the convict officer on duty, who shall acquaint the patrol at the same time and report to the Deputy Superintendent in the morning the name of any prisoner who uses the latrine for defecation. When it appears to convict-officer that a prisoner is seriously sick, he shall at once bring the fact to the notice of the head warder on duty.] ### 398. Duties of a head warder on patrol duty at night. - The head warder on patrol at night shall keep on the move, visiting the warders and convict- officers. He shall, on taking over charge, satisfy himself that the correct number of prisoners is reported to be in custody and that everything is secure. When changing guard at night, both the relieved and relieving head warder or senior warder shall change the guard in company. In cases of serious sickness the patrolling head warder shall forthwith send notice to the Medical Subordinate and Deputy Superintendent who shall, if necessary, take steps for the removal of the sick prisoner to hospital. Should any irregularity on the part of warders or prisoners come to his notice he should report the matter to the Deputy Superintendent next morning. Immediate notice shall be given to the Deputy Superintendent of any occurrence requiring prompt action, such as an escape, attempt at escape, riot, fire or serious sickness. He shall see that the main-gate sentry is at his post between the gates and on the alert. Each patrolling head warder or senior warder shall carry a control watch to record the time at which he visits each part of the jail. Punctually at the hour for the relief of the guard, the head warder or senior warder who is to take the next watch shall bring in the relieving warders. He shall search them between the gates both on entering and leaving the jail. This search should be personally conducted at least once a week by the Deputy or Assistant Superintendent. In large jails the Superintendent may, to save time, arrange for the relief of the guard in two places simultaneously. Note :- A special warder will be employed for awakening the various night guards for their turns of duty. ### 399. Custody of dangerous prisoners. (1) Every convict should be allotted a definite sleeping berth, the number of which should be noted in his history- ticket. Wandering about the sleeping barracks at any time is to be strictly prohibited, and the fact of any convict leaving his sleeping berth for any purpose whatever should at once be reported by the convict-official on duty to the patrolling officer who will note the case and inform the Deputy Superintendent on the latter official entering the jail on the following morning. (2) [ Prisoners should not be allowed to approach the gratings unnecessarily and sleeping on the floor between the sleeping berths in the barracks is to be strictly prohibited.] [P.G. No. 22337-H- Jails, dated 31.8.82.] (3) Special precautions should be taken for the safe custody of dangerous prisoners whether they are awaiting trial or have been convicted. On being admitted to jail they should be (a) placed in charge of trustworthy warders, (b) confined in the most secure building available, (c) as far as practicable confined in different barracks or cells each night, (d) thoroughly searched at least twice daily and occasionally at uncertain hours the Deputy Superintendent must search them at least once daily and he must satisfy himself that they are properly searched by a trustworthy subordinate at other time, (e) fettered if necessary (the special reasons for having recourse to fetters should be fully recorded in the Superintendent's journal and noted in the prisoner's history ticket). They should not be employed on any industry affording facilities for escape and should not be entrusted with implements that can be used as weapons. Warders on taking over charge of such prisoners must satisfy themselves that their fetters are intact and the iron bars or the gratings of the barracks in which they are confined are secure and all locks, bolts etc. are in proper order. They should during their turns of duty frequently satisfy themselves that all such prisoners are in their places, and should acquaint themselves with their appearances. Light to be kept burning at night. - (4) From sunset to sunrise a good light shall at the discretion of the Superintendent be kept burning in front of the grated door of every cell in which a dangerous prisoner is confined, so that he may at all times be under observation. ### 400. Letting out cooks to prepare early morning meal. - When it is necessary to let out cooks before day break to prepare the early morning meal the patrolling officer shall, at the hour fixed, let out the necessary number and put them in charge of a warder or convict warder as may be directed. ### 401. Convict-officers may be posted in the central tower. - In a jail where there is a central tower four selected convict-officers may be posted therein at night, each to take a watch in turn, to act as a means of communication between the watch and the patrolling-officer and to sound the alarm in case of need. A code of signals can be arranged by striking a gong in the tower by which the attention of the Head-warder can be directed to any particular part of the jail. ### 402. Surprise visit at night. - To enable the Jail to be entered at the night without the knowledge of the patrolling officer and warders on duty inside, a duplicate key of the lock, the original key of which is in the possession of the patrolling officer on duty, shall be kept by the officer in charge of the picket for the relief of the sentry at the main gate. ### 403. Visits by officials at night, report to be made. - Every Deputy Superintendent, Senior Assistant Superintendent and Assistant Superintendent, [Sub Assistant Superintendent] [Haryana Correction slip No. 32 dated 9.2.1984.] shall, in the case of a Central Jail, ordinarily visit all parts of the Jail at night at least once a week and of a District Jail twice a week each on different nights, and see that the officers on duty are on the alert and moving on their beats, that the prisoners are quiet and on their berths and the lamps are showing sufficient light. The time of the visit should not be made known before hand. The date of the visit, the hour of entering and leaving the Jail and a report of any unusual occurrence that comes under observation, shall be recorded in a book which shall be provided for the purpose at the main gate. This book shall remain in the custody of the gatekeeper during the day and the sentry during the night. The gate-keeper should produce it before the Superintendent on this arrival at the Jail in the morning. Note - In the District Jails the Chief Head Warder may also be required to visit the Jail at night. ### 404. Opening wards at night, precautions to be taken. - To the door posts of all sleeping wards shall be affixed a chain with a hook at the free end which can be attached at will to the door, so as to admit or allow the exit of one person at a time and no more. Should it be necessary to open a sleeping ward at night for purposes other than the emergency of fire, previous to unlocking the door the chain should be hooked on. No ward shall be opened at night unless the Deputy Superintendent or Senior Assistant Superintendent or Assistant Superintendent or [Sub-Assistant Superintendent] [Haryana Correction slip No. 32 dated 9.2.1984.] and one other officer are present except in the case of fire. ### 405. Locks to be out of reach. - The locks of the doors of all sleeping wards and cells shaft be so arranged that no prisoner can reach them from the inside. ### 406. Custody and control of prisoners outside the Jail. - A prisoner, when being taken to or from any prison in which he may be lawfully confined, or whenever he is working outside or is otherwise beyond the limits of any such prison in or under the lawful custody or control of prison-officer belonging to such prison, shall be deemed to be in prison and shall be subject to all the same incidents as if he were actually in prison. Police Guards ### 407. Police Guards to be provided under certain conditions. - Whenever it is necessary to place prisoners in confinement in any place without the wall of the Jail the Superintendent shall apply to the Superintendent of Police for such police guards as may, in the opinion of the latter officer, be necessary and the Superintendent of Police shall supply such guard accordingly. ### 408. Responsibility of Police Guards when guarding prisoners. - In every case in which any prisoners are guarded by the police under the provisions of the preceding rule, the responsibility for the safe custody of the prisoners shall rest with the police. ### 409. Action when any jail becomes temporarily insecure. - If, from any cause, any Jail, at any time becomes temporarily insecure, the Superintendent shall inform the Superintendent of Police of the fact, and it shall be the duty of that officer to supply such police guard as he may think necessary to provide for the safety of the prisoners until the Jail is made secure. Section II Alarm Parade, Escapes and Outbreaks ### 410. Preparations and procedure for dealing with cases of escapes and disturbance. - The precautions to be taken and the procedure to be adopted to guard against and deal with case of escape and disturbance in jails, are as follows :- (a) The main gate sentry of every jail shall be provided with a bell, gong or drum with which to raise an alarm, he shall also be provided with means for raising an alarm. When prisoners are working in large numbers either inside or outside the Jail, at a point so distant that a warder's whistle sounded at such place, cannot be heard by either the main gate sentry or second sentry, a gong or other pre-concerted means of conveying information rapidly of any untoward occurrence, shall be provided. Immediately a prisoner is found to be missing or in the event of any attempt to break Jail or on any other disturbance taking place or event appearing imminent, an alarm parade shall be called and the Deputy Superintendent shall despatch a messenger to convey brief information of what has happened to the Superintendent. (b) The Officer who first notices the incident, whatever it may be shall blow his whistle continuously and all warders and convict-officers on hearing it shall repeat the whistle till the continuous sounding of the alarm, gong or bell at the Jail gate shows that the information gas reached there. A sentry on hearing a whistle, or a bell or gong sounding the alarm in any part of the Jail or its neighbourhood, shall repeat the alarm till the whole establishment is thoroughly aroused. The bell or gong used for sounding an alarm should be of a different tone to that used for ordinary parades, if there be a bugler on the establishment, his services should be availed of to sound the alarm on his bugle. The Head Warder on duty at the place where the alarm originated, shall despatch a junior warder or a trustworthy convict- officer with all haste to the jail gate, to convey such information as is known regarding the character of the occurrence that has or is about to take place, so that the Deputy Superintendent or other officer incharge may be in a position to direct operations accordingly, for instance, in the case of an escape, the prisoner's name, where he was last seen, the direction he has probably taken and the part of the jail or jail precincts he has disappeared from will all be valuable pieces of information in leading to his recapture; in case of a disturbance, the locality in which it occurred and the approximate number of prisoners engaged in it will enable the officer in command to dispose of his forces in the most effective manner for its suppression. (c) Promptitude in starting an alarm is a most urgent and important duty. When a prisoner is discovered to be missing or a disturbance has broken out or is on the point of breaking out, no attempt at a search or at suppression, as the case may be, shall be made, till measures are first taken to give the alarm; the fact that the missing man was found or the disturbance put down without the necessity of doing so shall not be accepted as palliating, in any way, neglect of this order. (d) On hearing the sound of the alarm, the warders in charge of gangs outside the jail shall collect their prisoners and march them to a prearranged place where a sufficiency of belchains shall be disposed during working hours. The prisoners, other than convict-officers, shall sit in single file and the chain having been passed through their ankle rings shall be secured by locking. The lock may remain at all times on one end of the chain, but the key, whether a parade is in progress or not, shall remain with the senior warder in charge of the gang and shall not be entrusted to a convict officer. Note - As an alarm parade may be ordered at any time and it is of importance that prisoners should not know whether any given parade is merely for practice or not, the same attention to details should be given on all occasions. In the case of an attempt on the part of a body of prisoners to break out of the main gate, it would be unwise to open the gates or wickets for the purpose of returning extra-mural gangs into the jail until the enclosure in the vicinity of the inner gate is first cleared of prisoners, for this reason gangs at work outside should, on the occurrence of an alarm, be chained up where the work is in progress. (e) At time of alarm, all prisoners inside the jail shall, with the exception of convict-warders and overseers, be locked into the nearest or most convenient ward, work-shop or other building. The convict-warders and overseers may be employed to guard the walls, patrol outside barracks or in such other way as they may be directed. The other convict-officers who are locked in with the prisoners shall be required to maintain order in the building in which they happen to be confined. (f) On the sound of the alarm, every jail official (except warders in charge of gangs), shall proceed immediately, no matter where or how engaged or whether in proper uniform or not, to the jail armoury and arm himself with his rifle and 10 rounds of buckshot ammunition. He shall then fall into line and place himself under the orders of the Deputy Superintendent or other officer present. The procedure to be followed by the officer in charge must necessarily depend on the character of the occurrence with which he has to deal. In all cases, however, a sentry should be posted on the roof of the main gate or other position where he can command a view of the interior of the Jail, and two small pickets, each in-charge of a Head-warder or Senior Warder should be despatched to take up positions near the rear angles of the jail, and instructed to prevent any attempt on the part of prisoners to scale the walls in that direction. A few men should be set aside as a reserve to render assistance at any point where their services may be specially required and with instructions to proceed to the spot from which the sound of a rifle shot comes : (warders in need of assistance shall fire a shot in the air to intimate the fact). When prisoners are chained up outside the Jail, it will be also necessary to post a small picket over them. The disposal of the remaining men will depend on circumstances. (g) If it be a case of escape or disturbance outside the Jail, it shall be the duty of the officer incharge to despatch his spare men in search of the missing prisoner or to take measures to quell the disturbance, as the case may be, using his powers with discretion and effecting his object with as little display of force as is under the circumstances necessary. (h) Should it be a case of riot or disturbance inside the Jail, the officer incharge will have to lead his men in to put it down. Before taking such a step, however, he shall first satisfy himself by enquiry from the sentry on the roof of the gateway that there are no prisoners in the enclosure in the vicinity of the gate. Should there be, the gate should not be opened till the crowd is dispersed, and this can be effectually done, from the gateway roof. He shall then lead his men in double file or in "fours" between the gates. When the outer gate has been bolted and locked, the inner one may be opened and the men marched in double time to the scene of the disturbance, to act as the officer in command may dictate. (i) Whether an alarm is real or false all the details, from the preliminary whistle of the warder to the conclusion of the search for the missing prisoners or the suppression of the disturbance, as the case may be, should be carried out. To accustom warders to the different circumstances with which they may be called upon to deal and test their preparedness to turn out at short notice, an alarm parade shall be held twice a month at any hour of the day or night without previous warning and started from one of the places where prisoners are usually assembled. (j) In the case of an escape or disturbance at night, or after all the gangs are inside the Jail, the same method of starting an alarm shall be followed, namely, the blowing of a whistle and the conveyance of the necessary information to the Jail gate, by the patrolling officer if after lock-up, or by some junior official if before that time. A sentry shall be posted over the main gate and the necessary pickets sent to the rear of the Jail to frustrate any attempt at an escape, as is done in alarm parades by day. If it be reported that a prisoner has escaped and it appears probable that he is still lurking within the Jail, convict warders with lighted torches shall be posted at intervals inside the enclosure walls and the remaining warders divided into two parties each with lighted torches, one to search inside and the other outside the jail. Note :- Torches ready for use and a sufficiency of oil should be kept in a box at the main gate. (k) It is the duty of the gate sentry at times of alarm to defend the gate and to protect any officer of the prison or other person to whom a prisoner may be actually using violence. (l) Absolute silence should be preserved at alarm parades and all the details carried out in an orderly and systematic manner. Senior Assistant Superintendents, Assistant Superintendents, Head-warders and Senior-warders who have to take charge of detached parties of men, should be informed beforehand of the duties required of them so that they may know exactly what to do and where to go to when the alarm sounds, without waiting for instructions from the officer in charge. (m) In case of a disturbance, the officer in charge should keep his men together in line and not allow them to approach the body of prisoners nearer than thirty yards, from which distance he is in the best position to deal with the rioters. A few warders should in all cases be armed with batons and supplied with handcuffs to arrest and secure any ring-leaders or escaping prisoners. Note - Police teargas squads may be requisitioned by the jail in the case of emergency when considered necessary. (n) The alarm shall be concluded by blowing "the retire" on a bugle or sounding the alarm gong as a signal for all officers who took part in the parade to return to the Jail gate, fall into line and be dismissed by the Deputy Superintendent. (o) The Deputy Superintendent shall note in his journal the date and hour at which the parade was held, the time taken by the warders to fall in and arm themselves, the names of any subordinates who were late or absent, and any defects that were noticed. ### 410A. [ [For Local Government read State Government Haryana Correction slip No. 32 dated 9.2.1984.] - In the event of a disturbance occurring in the Jail which is likely to develop into a serious riot, the Superintendent of Jail shall send a message to the District Magistrate or in his absence the next Senior Magistrate present in the station, on the telephone or by a fast messenger, informing him about the situation and if he (Superintendent, Jail) considers that the presence of the District Magistrate or in his absence the next Senior Magistrate is necessary, he will at the same time request him to come to the Jail. On receipt of such a message, the above mentioned officer will immediately proceed to the Jail and it will be open to him to take all such measures as may be necessary in the special circumstances of the case, to restore order, vide clause (b) of the general directions under sub-section (2) of Section 11, issued by the Local Government, as embodied in paragraph 45 of the Punjab Jail Manual. All actions taken will be promptly reported by him to the higher authorities.] ### 411. Assistance from police. (1) The Superintendent shall, in consultation with the Superintendent of Police, make such arrangements for a concerted plan of action in the case of an outbreak or escape, as may seem advisable. (2) The Deputy Superintendent shall, on the occurrence of an escape or outbreak, send word to the officer in-charge of the nearest police station. ### 412. Notice of an escape to be sent to certain officers. (1) When an escape has taken place and attempts at recapture have been ineffectual, immediate notice shall be sent to the Superintendent Police and to the District Magistrate, accompanied in each case by descriptive roll of the prisoner with all the information available, including his usual place of residence, for purposes of identification. If the prisoner belongs to a district other than in which he was confined reports and descriptive rolls shall be sent to the Magistrate of that district and the Magistrates of all the districts he is likely to traverse on his way to his home; a report and descriptive roll shall also be sent to the Superintendent of Railway Police, should the prisoner be at all likely to avail himself of the railway and if it appears expedient, information shall be sent by telegraph to the police of other districts. (2) The Superintendent shall, on the occurrence of an escape or any other serious unusual event, immediately report the same by telegram to the Inspector-General. ### 413. Reports to the Inspector-General of escape and recapture. (1) A brief report (Form No. 148) on every escape that takes place, shall be submitted to the Inspector-General at once, to be followed by a full report detailing the results of the enquiry which the Superintendent shall make as soon after the occurrence as possible. A copy of the Judgment in the case of a prisoner tried for escaping, shall also be submitted to the Inspector General. In the case of escapes that have not been due to negligence alone but in part to some defect in the buildings or in the method of guarding, such defect should be clearly pointed out. (2) A report of the recapture of a prisoner shall be made to the Inspector- General (Form No. 149) giving particulars of the date and circumstances of recapture and such additional details of the escape as may be elicited from the prisoner. Note - The report in Form No. 148 and the detailed report should be submitted in duplicate for transmission of one copy to Government. ### 414. [ Attempts to escape to be reported. [P.G. No. 21074-Jails, dated 22nd October, 1985.] (1) Every attempt to escape, with the particulars in each case, shall be reported to the Inspector-General in Form No. 148, accompanied by a descriptive roll of the prisoner.] (2) A brief report of every attempt to escape should also be made to the District Magistrate. ### 415. Rewards for recapture. (1) Superintendents of Jails may give a reward fixed on a consideration of all the circumstances but in no case exceeding Rs. 100 for the recapture of any escaped prisoner irrespective of the prisoner's sentence. (2) Whenever peculiar circumstances render it expedient to offer a large reward special application shall be made to the Inspector-General who is empowered to sanction up to Rs. 500 for the recapture of any prisoner. Should the Inspector-General consider a still higher reward necessary, he shall refer the case for the orders of Government. (3) [ No rewards for the recapture of a prisoner who escapes from the custody of the police shall be paid by the Jail Department.] [P.G. No. 2228-H-Jails, dated 21st January, 1924.] Note 1 - Any Government servant may receive, without special permission, any reward offered for the arrest of a criminal, etc. Note 2 - When two or more persons have been instrumental in the recapture of any prisoner who has escaped from a Jail, the reward shall be divided amongst them in such manner as the Inspector-General may direct. ### 416. Reward for a prisoner preventing an escape. - Every prisoner who assists in any way whatsoever in preventing an escape shall, if he cannot be adequately rewarded by the Superintendent under the remission rules, be brought to the notice of the Inspector-General. ### 417. Procedure on recapture of a prisoner. (1) On the recapture of a prisoner, the fact shall be notified to all officers who have been addressed under paragraph 412. (2) A recaptured prisoner may be admitted into and detained in jail on the authority of his original warrant; the time he was at large does not count as sentence served. ### 418. Prisoner not recaptured to be entered in release register. - The name, register number, and date of escape of every prisoner who has escaped and has not been recaptured, shall be entered in a blank page of the release register and copied into every subsequent register brought into use for ten years unless he has been recaptured in the meantime, when his name shall be marked off and the date of recapture noted. ### 419. Cancelled. ### 420. Procedure when a sentence in connection with an escape is inadequate. - Should a sentence passed on a prisoner for escaping or attempting to escape or on a jail officer for negligently suffering or conniving at the same, be in the opinion of the Superintendent inadequate, he shall refer the case to the Inspector-General who may, if he thinks fit, report the case to Government with a view to the enhancement of the sentence. ### 421. [ Construction of the outer walls of a jail. [Haryana Correction slip 32 dated 9.2.84.] - The outer walls of every jail should be rounded on top : cornices, projections of any sort or broken glass, only afford a hold for a blanket or cloth. At every junction of a partition wall with the outer wall and at every angle in the outer wall, a sufficient addition should be made to the height to prevent the possibility of any prisoner scaling the wall at these places. The main enclosure wall of a jail shall ordinarily not be less than 4.5 metre high and a clear space of 4.8 metre should be left between it and any building on either side of it.] ### 422. Report of assault or disturbance. Certain convicts not to be entrusted with knives, &c., jail locks. (1) A full report of every serious assault committed by a prisoner on an officer of the jail and of every serious disturbance or combined outbreak amongst prisoners shall be submitted to the Inspector-General. (2) Convicts of a sulky, morose or violent temper should on no consideration be entrusted with knife or other implement which might be used as a weapon of offence. (3) All locks in use in a jail should be examined daily and any lock found out of order, brought to the Deputy Superintendent who shall replace it with a serviceable one. Note :- Lever locks should not be lubricated with vegetable oil, as it causes the levers to stick and renders the lock easy to pick. (4) [ Even where there has been a cognizable crime which is to form the subject of police and magisterial enquiry and subsequently ends in a criminal trial, the Superintendent must at once conduct enquiry, and submit the result to the Inspector-General on the aspect of jail discipline and the observance of rules involved in the case, and if he finds that any officials are to blame, he should state how he supposes to deal with them.] [P.G. No. 7289 H- Jails dated 28th January, 1928.] (a) Confinement in Irons ### 423. [ Prisoners may be required to wear fetters and belchains. [P.G. No. 31593-H-Jails, dated 13th December, 1922.] - The Superintendent may, at his discretion, require all or any prisoners to wear fetters while confined in any place without the walls of the Jail. In cases of grave emergency belchains may also be used. Belchains may not be used inside the Jail except in cases of grave emergency and when their use inside a jail becomes necessary an immediate report of the circumstances will be made to the Inspector-General of Prisons.] ### 424. A supply of fetters and belchains to be maintained. - With the exceptions to be noted hereinafter, fetters and belchains for not less than 25 per cent of the number of male prisoners for whom there is accommodation capacity shall be kept in every jail in future. In each of the following jails, fetters and belchains for 2,000 prisoners shall be kept in stock to meet emergencies : Lahore Central; Montgomery Central; and Jullundur. The reserve stock is to include at least 50 per cent of chain fetters. ### 425. Confinement in irons for safe custody. - Whenever the Superintendent considers it necessary (with reference either to the state of the prison or the character of the prisoners) for safe custody of any prisoners that they should be confined in irons, he may, subject to such rules and instructions as may be laid down by the Inspector-General with the sanction of the Local Government, so confine them. ### 426. Confinement of prisoners under sentence of transportation in irons. (1) Prisoners under sentence of transportation may, subject to any rules made under Section 60 of the Prisons Act, be confined in fetters for the first three months after admission to prison. (2) Should the Superintendent consider it necessary, either for the safe custody of the prisoner himself or for any other reason, that fetters should be retained on any such prisoner for more than three months, he shall apply to the Inspector-General for sanction to their retention for the period for which he considers their retention necessary, and the Inspector-General may sanction such retention accordingly. ### 427. Confinement in fetters of convicts sentenced to transportation. (1) A prisoner sentenced to transportation may be confined in fetters :- (a) when in the opinion of the Superintendent, it is necessary for the purpose of keeping him in safe custody, to so confine him; (b) in pursuance of a punishment lawfully inflicted. (2) Save as provided in clause (1), no such prisoner shall be confined in fetters. ### 428. Description of irons which may be used. - In placing prisoners in irons in exercise of the powers conferred by Section 56 of the Prisons Act, 1894, no irons of any kind other than one of the kinds prescribed in paragraphs 614 and 617 infra, and in the case of fetters, other than bar- fetters or link fetters, shall be imposed on any prisoner. ### 429. Prisoners exempted absolutely. - The imposition of fetters is prohibited in the following cases, namely :- (a) female prisoners; (b) civil prisoners; (c) convict-officers; and (d) convicts who by reason of age, physical infirmity or serious illness, are, in the opinion of the Medical Officer, unfit to be placed in fetters. ### 430. Prisoners ordinarily exempted. - Fetters shall not ordinarily and without special reasons, to be recorded by the Superintendent in his journal, be imposed on any:- (a) convict, the unexpired period of whose term of imprisonment is less than six months; (b) convict who was undergone three-fourth of his substantive sentence of imprisonment; (c) unconvicted criminal prisoner; (d) prisoner under sentence of death; or (e) convict who is being produced in court. ### 431. Imposition of hand-cuffs when permissible. - Hand-cuffs, may, as a measure of restraint, be imposed on any prisoner, if the Superintendent is of opinion that their imposition is necessary for the protection of the prisoner himself or of any other person : [Provided that whenever hand-cuffs are imposed on any woman or civil prisoner, the Superintendent shall immediately report such cases with his reasons therefor to the Inspector-General of Prisoners for his approval.] [Part III, Rule 10, See para 228.] ### 432. Record of cases in which irons are imposed. - In every case in which any prisoner is placed in irons of any description, the fact that they have been imposed and the time of their imposition and removal, respectively, shall be noted, in the case of a civil prisoner, in the Superintendent's journal and, in any other case, on the prisoner's history- ticket. ### 433. Fetters to be examined periodically. (1) All fetters imposed on prisoners for safe custody shall be examined daily by a Head-warder and once a week by the Deputy Superintendent who shall notify the fact in his journal. The fetters of dangerous prisoners should be examined daily by the Deputy Superintendent, Senior Assistant or Assistant Superintendent, [Sub Assistant Superintendent.] [Haryana Correction slip 32 dated 9.2.84.] (2) Care should be taken that the fetterings cannot be drawn over the feet and that the rivets fit the holes and have sufficient head on each side. Note :- (1) All prisoners required to wear fetters or ankle rings should be provided with pliable gaiters to prevent abrasion of the skin. [Note :- (2) A loin-cloth of the standard size, viz., 1.8x9 metre shall be issued to prisoners in barfetters in lieu of kachhas or trousers.] [Haryana Correction slip 32 of 9.2.84.] In note 2 under para 433 size of loin cloth should be read as 1.8 metre X.9 metres. ### 434. Annual statement of prisoners in fetters. - An annual statement (Form No. 142) showing particulars of the cases in which fetters have been imposed during the year, shall be submitted on or before the 20th January, of the succeeding year, to the Inspector-General. ### 435. Removal of fetters. - Fetters imposed for security shall be removed by the Superintendent as soon as he is of opinion that this can be done with safety. (b) Use of arms against Prisoners ### 436. [ Use of arms when permitted. [Part I, Rule 31, Resolution 12-500-510 of 31st August.] - Any officer of the prison may use a sword, bayonet, fire-arm or any other weapon against any prisoner escaping or attempting to escape : Provided that resort shall not be had to the use of any such weapon unless such officer has reasonable ground to believe that he cannot otherwise prevent the escape.] ### 437. Outbreaks and attempted outbreaks. - Any officer of the prison may use a sword, bayonet, firearm or any other weapon on any prisoner engaged in any combined outbreak or in any attempt to force or break open the outer gate or enclosure wall of the prison and may continue to use such weapon so long as such combined outbreak or attempt is being actually prosecuted. ### 438. Using violence to an officer. - Any officer of the prison may use a sword, bayonet, firearm or any other weapon against any prisoner using violence to any officer of the prison or other person : Provided that such officer has reasonable ground to believe that the officer of the prison or other person is in danger to life or limb, or that other grievous hurt is likely to be caused to him. ### 439. Warning to be given. - Before using fire-arms against a prisoner under the authority conveyed in paragraph 436 of this Part, the officer of the prison shall give a warning to the prisoner that he is about to fire on him. ### 440. Orders of superior officer. - No officer of the prison shall in the presence of his superior officer use arms of any sort against a prisoner in the case of an outbreak or attempt to escape except under the orders of such superior officer. Chapter XI The Admission of Prisoners ------------------------------------------ NOTE - The authority of an officer in charge of a jail to give effect to any sentence, order or warrant for detention, to contained in Sections 3, 15 and 16 of Act III of 1900. ### 441. No prisoner to be admitted at night. - No prisoner shall, except on transfer from another jail, be admitted into any jail before sunrise or after 4.30 P.M. from 1st October to 31st March, and 5.30 during summer from 1st April to 30th September : Provided this restriction will not apply in the case of - (i) women undertrial prisoners, who shall be admitted in Jails at whatever time presented for admission by the Police and on all days including Sundays and jail holidays; (ii) and male undertrial prisoners in respect of whom it is reported by the Police on their warrants by a red ink entry that they have got to be identified in an identification parade, who shall be admitted in jails at all hours on all days including Sundays and Jail Holidays. Note - All prisoners including undertrials returning from courts will be admitted in the jails after lock-out till half an hour after the working hours of the courts as prescribed by Government from time to time. ### 442. No person to be admitted without a proper warrant. Procedure on refusal. - No person shall be admitted into any jail as a prisoner, otherwise than under a lawful warrant or order of commitment addressed to the Superintendent or officer in charge of the Jail by a competent Judicial tribunal or other proper authority. ### 443. Identification of prisoner. - Before admitting a prisoner, the Deputy Superintendent shall question him and ascertain that his name and other particulars correspond with those entered in his warrant. ### 443A. Procedure when a prisoner has not been identified. - On receipt of information from the police that a prisoner has not been identified, the Superintendent of Jail will, cause the word "Unidentified" to be entered prominently in red ink on the prisoner's history-ticket, warrant and, in the admission register. When such a prisoner receives or dispatches a letter the Deputy Superintendent who is required by paragraph 556 to open and inspect all such correspondence, shall make a note of the name and address of the sender, or addressee as the case may be, and if any facts mentioned in the communication which may afford a clue to the identity of the prisoner and shall forward the same through the Superintendent of the Jail to the Superintendent of Police of the district from which the prisoner was received. The Deputy Superintendent shall similarly communicate to the Superintendent of Police the names and addresses of relatives or friends who visit the prisoner in Jail. ### 444. Procedure if a warrant is illegal or irregular. (1) If, in any case, the Superintendent is in doubt as to the legality of any warrant or order of commitment received by him with any prisoner admitted to the Jail, or as to the competency of the person whose official seal and signature are affixed thereto, to pass the sentence and issue such warrant, he shall proceed in the manner provided in Section 17 of the Prisoners Act, 1900. (2) If any error or omission, which is, in the opinion of the Superintendent due to mere oversight or mistake, is found in any warrant or order of commitment, or, if the sentence or order passed, though within the competency of the tribunal or authority which passed it, is in any way defective in form or otherwise irregular, he may receive the prisoner subject to reference to such tribunal or authority as the case may be for orders. ### 445. Examination of warrants. Notes of explanation. - All warrants shall be examined to ascertain whether they conform to the Code of Criminal Procedure and the Orders of the High Court. Note 1 - A warrant ordering imprisonment without specifying whether it is to be simple or rigorous imprisonment, an undated, an unsigned or an unsealed warrant shall be returned for correction. Note 2 - If a warrant purporting to have been issued by a Magistrate of the third class directs that a prisoner be subjected to rigorous imprisonment for a single offence for over one month, the case should be referred and the sentence not carried out pending revision. Note 3 - A sentence of flogging is irregular - (a) in the case of a prisoner also sentenced to imprisonment for more than five years; (b) in the case of a prisoner 45 years of age or upwards; (c) in the case of women; and (d) in the case of a prisoner also sentenced to imprisonment for less than three months. Note 4 - The amount of solitary confinement ordered on a warrant is dependent on the term of sentence and should not be more than is allowed under Section 73 of the Indian Penal Code. Note 5 - Every warrant should show the class (habitual or casual) to which the prisoner belongs, and in the case of those previously convicted a statement showing the previous convictions should be attached. Note 6 - In cases in which more than six months' imprisonment is awarded by a European Magistrate and the warrant is not filled up in English, a fresh warrant in due form should be called for and substituted for that originally sent. Note 7 - Warrants issued by Indian Magistrates must necessarily be in Urdu. The objects to be attained are that the officer who signs a warrant should be responsible for its contents, and that all warrants should, as far as possible, be uniform. (Such warrants shall be translated into English at the jail). Note 8 - The Superintendent of a Jail is justified in refusing to receive or detain a prisoner in jail on a warrant to which is affixed a signature by means of a stamp. But he should ordinarily adopt the procedure detailed in note 12 below. Note 9 - All warrants should be signed in full (not initialled) by the Judge or Magistrate who issues it and should be sealed with the seal of the court. Note 10 - In the case of persons on which separate sentences are passed, care should be taken to state in the warrant of commitment to imprisonment the dates from which each sentence to have effect. Note 11 - In the case of under-trial prisoners the warrant of commitment for intermediate custody should be prepared with the greatest care possible with reference to the above instructions. Note 12 - The Superintendent of a jail should not refuse to admit a person where the above instructions have not been carried out but he should draw the immediate attention of the Magistrate concerned to the defect, and ask for its rectification at once sending at the same time a copy of his letter to the Magistrate of the district for his information. Note 13 - Warrants for the release or remission of sentences of prisoners confined in Jail, warrants for the release of prisoners on bail and intimations of payment of fines sent to Jail authorities should always be drawn up in the vernacular of the officer issuing the order and should be signed in full by such officer and sealed with the seal of his court. They should be sent to the Jail authorities through an official messenger of the court or through the agency of the post and not through the friends or relatives of prisoners. [Note 14 - There should be a separate warrant or notice for every prisoner even if two or more prisoners have been jointly charged or convicted.] [Chief Court. Punjab Lett. No. 3497-G dated the 17th May, 1917.] ### 446. Procedure when representations are not attended to. - The Superintendent shall in any case in which his representations have not been attended to by the court addressed, take action under Section 17 of Act III of 1900. ### 447. Copy of warrant returned for correction to be kept. - When a warrant is returned for correction a copy shall be retained in the appropriate compartment of the warrant almirah until the original is returned. Blank forms of warrants shall be kept for this purpose. ### 448. Procedure when the legality of a warrant to doubted. (1) Where an officer in charge of a prison doubts the legality of a warrant or order sent to him for execution of the competency of the person whose official seal and signature are affixed thereto to pass the sentence and issue such warrant or order, he shall refer the matter to the Local Government, by whose order on the case he and all other public officers shall be guided as to the future disposal of the prisoner. (2) Pending a reference made under sub-section (1), the prisoner shall be detained in such manner and with such restrictions or mitigations as may be specified in the warrant or order. Note :- Under Section 438 of the Code of Criminal Procedure, the District Magistrate is empowered to remove certain irregularities in warrants. It is only when an irregularity exists, that cannot otherwise be set right, that a report should be made to Government under Section 17 of the Prisoners Act, 1900. ### 449. Two or more sentences, how to take effect. Procedure in case of doubt. (1) Regarding the manner in which two or more sentences inflicted at the same time or at different times on the same person are to take effect, see Sections 35, 396 and 397, Criminal Procedure Code. (2) In case of doubt as to the order in which sentences shall take effect, the instructions of the court imposing the latest sentence shall be taken. ### 450. Date of release. Responsibility for correctness. (1) The date on which a prisoner is entitled to be released shall be calculated by the Deputy Superintendent and an entry made in the release register (No. 4) under that date, giving the name and serial number, etc., of the prisoner. It is not the duty of the committing officer to note date of release on the warrant; if such date is noted incorrectly or omitted, the warrant shall not be returned for correction on that account. (2) In case the date of release be changed either by the imposition of additional imprisonment or by remission of any part of the sentence, or by absence on bail or after escape, a new date of release shall be fixed and an entry made under that date. The old entry should be scored through with red ink and a reference made against it to the new date fixed. (3) The Deputy Superintendent shall himself check each entry in the release register and admission register and shall be personally responsible for their correctness. (4) When a person undergoing sentence under a conviction in British India in any of the jails in the Punjab is surrendered to an Indian State or foreign jurisdiction, his sentence shall be deemed to be suspended until the date of his re-surrender when it shall revive and have effect for the portion thereof which was unexpired at the time of his surrender. ### 451. Entry when whipping to awarded. - When whipping is awarded in addition to imprisonment, an entry shall be made in red ink in the release register on the page for the day on which the prisoner is to receive stripes. Should this date be uncertain, owing to an appeal being lodged two or three forward entries shall be made as a reminder that the prisoner is to be brought up at the proper time to receive stripes. ### 452. Certain days to count as days of sentence. Proviso. (1) In calculating the day on which any prisoner is entitled to be released, the day on which the sentence is passed and the day on which the prisoner is released, respectively, shall be deemed to be days of imprisonment : Provided that if, in the case of any prisoner, two or more sentences are to be undergone otherwise than concurrently, no day shall be counted as a day of imprisonment in respect of more than one such sentence, and that a sentence of imprisonment for one day or for twenty-four hours shall be deemed to expire on the morning of the day following that on which the sentence was passed. (2) In calculating periods of imprisonment expressed in months, a month shall be deemed to be a calendar month. Example. (1) - A prisoner sentenced to one year's imprisonment on the 15th January, 1900; shall be released on 14th January 1901; a prisoner sentenced on the 1st January to one month's imprisonment shall be released on the 31st of the same month. Example (2) - A, B and C are sentenced, respectively to one month's imprisonment on the 29th, 30th and 31st January, 1899, all three sentences expire on the morning of the 28th February. ### 453. Periods to be excluded from sentence. - When, by order of any competent authority, any prisoner is released on bail or the operation of any sentence of imprisonment passed upon any prisoner is, for any reason, suspended for a time, and such prisoner is subsequently again lawfully committed to prison, the period during which such prisoner was so released on bail or sentence of imprisonment passed, on such prisoner was so suspended, shall, unless the warrant or order of recommitment otherwise directs, be excluding in calculating the period of the sentence : Provided that :- (a) a prisoner who is released on bail on the day on which the sentence of imprisonment is passed, shall not be deemed to have undergone any part of his sentence until he is again placed in confinement; and that (b) this rule shall not be deemed to apply to persons undergoing imprisonment under the provisions of Section 123 of the Code of Criminal Procedure. Note :- A prisoner released on bail on a day subsequent to that on which he was committed to jail but who is again re-committed to undergo sentence in the same case, shall be entitled to count every day of admission and every day of release as days of imprisonment in respect of such sentence. ### 454. Date of release when a period has been excluded from sentence. - When a period has been excluded from a sentence under the preceding rule, the mode to be adopted in calculating the date of release is - take the full term of the sentence as commencing from the date of readmission and deduct from it the number of days already passed in jail; the date so arrived at will be the date on which the sentence expires. ### 455. Operation of a second sentence when a first sentence is set aside. (a) When a prisoner has been committed to jail at one trial under two separate warrants, the sentence in the one to take effect from the expiry of the sentence in the other, the date of such second sentence shall in the event of the first sentence being set aside on appeal, be presumed to take effect from the date on which he was committed to jail under the first or original sentence. (b) When separate sentences have been passed in separate trials and the sentences are to run consecutively under Section 397 of the Code of Criminal Procedure the operation of the second sentence will, in the event of the first sentence being set aside on appeal, commence from the date of conviction in the second case. ### 456. Date from which a sentence finally passed shall count. - When an appellate court modifies a sentence passed by a lower court without change of section or when an appellate court passes a new sentence by changing the conviction section or the punishment section or otherwise, the sentence finally passed shall count, unless otherwise specially directed from the date of imprisonment under the original sentence. ### 457. Date of release when two or more sentences run consecutively. - When a prisoner is sentenced to two or more terms of imprisonment to be served consecutively, the date of release shall be calculated as if the sum of the terms was awarded in one sentence. Example :- A prisoner, sentenced on the 21st June, 1897, to one year's imprisonment is for another offence subsequently sentenced to a further term of one year, the period to commence from the expiration of the first sentence : he will be released on the 20th June, 1899, not on the 19th June, 1899. ### 458. Calculation of date of release when a fine is partially paid. - If a prisoner be sentenced to imprisonment of which the whole or any portion is in default of the payment of any fine and if the fine or a portion of it be not immediately paid, the date of release shall be fixed and entered in the release diaries on such dates as shall correspond to payment as well as non- payment of the fine. When any portion of the fine is subsequently paid, the date of release shall be altered accordingly. Example :- If a prisoner be sentenced on the 1st January, to six months' imprisonment and to pay a fine of Rs. 300 or in default of payment to be imprisoned for a further period of six months, then, supposing that the prisoner, immediately on conviction, pays Rs. 100, the date of release shall be first fixed at the 31st October, that is six months plus four months (being the term proportionate to the amount of the fine unpaid), and entries shall be made in the release register on the 30th June and 31st October, if he afterwards pays another Rs. 100 the latter date shall be changed to 31st August; on his paying the whole, the fact shall be noted opposite the entry on the 30th June. ### 459. Calculation of remission on payment of fine. - If a prisoner who is sentenced to a fine and in default to imprisonment for a certain number of months, pays any part of his fine, the remission for the payment shall be calculated in calendar months and not in days. Any fraction of a month obtained by such calculation shall be reduced to days. A fraction of a day less than one-half shall not be counted, any greater fraction shall count as one day. Example :- If a prisoner be sentenced on the 15th July to six months' imprisonment and to pay a fine of Rs. 300, or in default of payment to six months' further imprisonment and he pays Rs. 63, the calculation shall be made as follows - \| \| \| --- \| \| Rs. =\| 63300\| x 6 months =\| 6350\| = \| \| \| \| --- \| \| 1\| 1350\| months. The date of release, deducting one month, would fallon the 14th June. As the month, preceding June has 31 days the\| 1350 \| \| \| \| --- \| \| of a month will be calculated on 31 days, thus\| 1350\| x 31 =\| 40350\| = 8\| 350\| days. Here the remission for payment of Rs. 63 is 1 month and 8 days. \| If the prisoner has been sentenced on 15th June instead of 15 July, the calculation of the 13/50 of month would have to be made on a 30 days' month because from any date in April to the same date in May is 30 days as follows :- \| \| \| --- \| \| 1350\| x 30 =\| 395\| = 7\| 45\| days so that in that case, the remission would be also 1 month and 8 days (4/5 of a day being more than half a day) \| ### 460. Disposal of notice of payment of fine. - If a fine is paid in part or whole after a prisoner is admitted to jail, the court receiving it will, unless it has already received back the prisoner's warrant with an endorsement showing that he has been released, notify the fact to the Superintendent of the Jail in which the prisoner was first confined after conviction. This notification shall be filed with the warrant and returned with it after the sentence has been carried out. ### 461. Procedure when a prisoner with imprisonment in lieu of fine is transferred. - When a prisoner whose sentence includes an order of imprisonment in default of payment of fine, is received by transfer from a jail other than the jail in which he was first confined, intimation shall forthwith be given by the receiving jail to the Superintendent of the district jail where he was first confined, who shall cause a record or the receipt of such intimation to be made in the admission register of his jail. The Superintendent of the Jail to which a prisoner was first committed, is responsible for seeing that notifications of payment of the fine received by him, are promptly transmitted to the Jail in which the prisoner is confined, such notices shall be sent under a registered cover. ### 462. The payment of fine at the Jail. - The Superintendent is authorised to receive fines tendered at the Jail. In the absence of the Superintendent, the Deputy Superintendent shall receive the fine or portion thereof tendered to him and shall on the first opportunity produce the warrant with an entry of the fact that such payment has been made for the signature of the Superintendent. Note :- Fines received at the Jail shall without delay be remitted into the local Treasury through the District Magistrate. All fines rendered to a jail shall be received irrespective of the fact whether the prisoner is due for release or not provided he is in the Jail at which the fine is paid. ### 463. Imprisonment in lieu of fine to succeed substantive sentences. - If a prisoner sentenced to a term of imprisonment in default of payment of fine is either at the same time or subsequently sentenced to a term of imprisonment without the option of fine the imprisonment in default of payment of fine shall be kept in abeyance till the expiration of all the substantive sentences of imprisonment. Example :- A prisoner is sentenced on the 9th June, 1897, to two years' rigorous imprisonment and a fine of Rs. 50, or in default six months' further rigorous imprisonment on the 17th July of the same year he is sentenced on another charge to imprisonment for 18th months, and on the 6th October, 1898, he is again sentenced on a third charge to imprisonment for two years, the sentence of six months' imprisonment in default of payment of fine should begin from the 9th December, 1902, (the date on which all the substantive sentences expire, being the 8th December). Note :- This covers the case of a prisoner whose first sentence of imprisonment is in default of payment of fine. Any substantive sentence of imprisonment subsequently passed shall count from the date of the first sentence and the imprisonment in lieu of fine shall take effect last, although a portion of it may have been already served when the substantive sentence was awarded; if, however, the imprisonment in default of payment of fine is of a different character to that of the substantive sentence, such imprisonment in default shall be completed before the substantive sentence of imprisonment shall take effect. ### 464. Imprisonment under Section 106, or 118, Cr.P.C. in addition to a substantive sentence. - If any person, in respect of whom an order requiring security is made under Section 106 or Section 118, is at the time such order is made sentenced to or undergoing a sentence of imprisonment the period for which such security is required shall commence on the expiration of such sentence. In other cases such period shall commence on the date of such order unless the Magistrate, for sufficient reason, fixes a later date. Note :- An order under Section 123, Criminal Procedure Code, directing that a person who has failed to give security shall be detained in prison to not a "sentence of imprisonment" for the purposes of Section 397 of the Code. It in merely an order for detention in prison, and if it is passed under clause 1(2) of Section 123 the Magistrate's proceedings must be laid before the Sessions Judge, who may thereafter pass such order on the case as he thinks fit, but if the Sessions Judge confirms, or varies the order, and does not set it aside, the period for which detention is ordered must date from the time when the first court passed its order. ### 465. Imprisonment awarded to an escaped convict, how to take effect. - When an additional sentence of imprisonment, penal servitude, or transportation is passed on an escaped convict who has been recaptured, such a sentence shall take effect according to the following rules :- If the new sentence is severer in its kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect immediately, and the unexpired portion of the sentence he was undergoing when he escaped, shall be served subsequently. When the new sentence is not more severe it shall take effect after he has served the portion of his original sentence which at the time of his escape remained unexpired. Explanation :- (a) A sentence of transportation or penal servitude is severer than one of imprisonment; (b) a sentence of imprisonment with solitary confinement is severer than imprisonment without solitary confinement; (c) a sentence of rigorous imprisonment is severer than one of simple imprisonment with or without solitary confinement; ### 466. Execution of sentence of whipping only. - When the accused is sentenced to whipping only, the sentence shall be executed at such place and time as the court may direct. [Note :- Under the Code of Criminal Procedure as now revised all whipping sentences are appealable. The Code does not, however, in the cases of sentences of whipping only, provide for any postponement of execution unless the convicted person furnishes to the satisfaction of the court for his appearance at a later date. In the case of prisoners received in jail with sentences of whipping only the sentence should be executed at the time specified in the warrant. If no time is named in the warrant, then the sentence should be executed as soon as practicable. The fact that the prisoner may express to the jail authorities an intention to appeal does not justify them in delaying execution of the sentence.] [Letter No. 483 of 12.3.06 from the LR to Government] ### 467. [ Execution of sentence of whipping in addition to imprisonment. [Section 391 Cr.P.C. High Court Rules and Orders Vol. III, Chapter 20-C, paragraph 4 (ii) and (iii).] (1) The Code of Criminal Procedure provides that when an accused person is sentenced to whipping in addition to imprisonment the whipping shall not be inflicted until fifteen days from the date of the sentence or if an appeal is made within that time, until the sentence has been confirmed by the appellate court. On the motion of the Honourable Judges of the High Court the Local Government has ordered that even if no intimation of an appeal having been preferred is received within fifteen days the Superintendent of the Jail shall nevertheless allow such further time to elapse as is necessary for a communication from the appellate court to reach him in the ordinary course of business, before inflicting the whipping.] Sessions Judges have been instructed to fix, in consultation with District Magistrate and Superintendents of Jails, the number of days which should be allowed under this rule. The whipping shall be inflicted as soon as practicable after the expiry of the period fixed under this rule, or if an appeal is preferred then as soon as practicable after the receipt of the order of the appellate court confirming the sentence. (2) The whipping shall be inflicted in presence of the officer in charge of the jail, unless the Judge or Magistrate orders it to be inflicted in his own presence. [Note :- If a further appeal is made to the High Court for revision of the sentence, the infliction of the whipping is not, in the absence of orders by that court staying execution, to be delayed.] [Pb. G. letter No. 994-S dated 16th July, 1904.] ### 468. [ Mode of inflicting punishment. Limit of number of stripes. [G. of I. No. 1458, dated 23.9.07, and P.G's No. 863-4, dated 19.10.07.] (1) In the case of a person of or over sixteen years of age, whipping shall be inflicted with a light ratan not exceeding the legal minimum of half an inch in diameter, in such mode, and on such part of the person, as the Local Government directs; and in the case of persons under sixteen years of age, it shall be inflicted with a still lighter ratan in such mode, and on such part of the person, as the Local Government directs. (2) In the case of persons of or over 16 years of age such punishment shall not exceed thirty stripes and in the case of juvenile offenders 15 stripes.] Note :- To prevent undue laceration of the skin, a piece of thin cotton cloth soaked in some antiseptic should be spread over the prisoner's buttocks during the operation. All such clothes should be thoroughly washed and afterwards soaked in an antiseptic solution before being again brought into use so as to obviate the possibility of disease of any kind conveyed from one prisoner to another. The drawing stroke, which is calculated to lacerate the flesh, is prohibited. ### 469. Direction of Local Government as to the infliction of whipping. - Whipping is to be inflicted on the buttocks with a ratan not more than four feet in length and not exceeding the legal minimum of half an inch in diameter, not in public or in front of the court-house, but always within some walled enclosure and in the presence of a Magistrate or the Superintendent of the Jail, and when practicable of a Medical Officer. Chapter XXVII, Rules, and Orders of the High Court, Vol II. ### 470. Whipping not to be executed by instalments. - No sentence of whipping shall be executed by instalments. ### 471. When whipping is not to be inflicted. Stay of execution. (1) The punishment of whipping shall not be inflicted unless a Medical Officer, if present, certifies, or, if there is not a Medical Officer present, unless it appears to the Magistrate or officer present that the offender is in a fit state of health to undergo such punishment. (2) If during the execution of a sentence of whipping, a Medical Officer certifies or it appears to the Magistrate or officer present that the offender is not in a fit state of health to undergo the remainder of the sentence, the whipping shall be finally stopped. ### 472. Procedure if punishment cannot be inflicted. - In any case in which under paragraph 471 of this Manual, a sentence of whipping is wholly or partially prevented from being executed, the offender shall be kept in custody, till the court which passed the sentence can revise it. [Note - If a prisoner is not in a fit state of health to undergo a sentence of whipping at the time he is brought up for it, the matter should be at once reported to the court which passed the sentence. It is not permissible to defer the whipping until a prisoner's state of health admits of its infliction.] [P.G. letter No. 288 of 8.7.1900.] ### 473. Whipping to be certified on warrant. - After a whipping has been duly inflicted the Superintendent shall endorse a certificate on the warrant to that effect, recording the date of execution. ### 474. Management and custody of warrant. - The date of a prisoner's admission into jail and the register number given him, shall be endorsed on his warrant and signed by the Deputy Superintendent; the warrants shall be arranged according to the date of release and put together in open fold in monthly bundles and docketed outside with the month and year. Each bundle shall occupy a separate receptacle in the warrant almirah, of which the Deputy Superintendent shall keep the key. ### 475. Prisoners to be examined on admission. - Whenever a prisoner is admitted into prison, he shall be searched, and all weapons and prohibited articles shall be taken from him. (a) When a prisoner with injuries on his body is admitted into a prison from Police custody he shall be examined immediately by a responsible Medical Officer. If the examination reveals unexplained injuries not already recorded in the medico-legal report accompanying the prisoner a report shall at once be made to the District Magistrate and Superintendent of Police and arrangements shall also be made to have him examined immediately by the Civil Surgeon of the district. In the case of Central Jails the examination shall be conducted by the Medical Officer attached to the Jails provided he holds a gazetted rank failing which by the Civil Surgeon of the district. (2) Every criminal prisoner shall also, as soon as possible after admission, be examined under the general or special orders of the Medical Officer, who shall enter or cause to be entered in a book, to be kept by the Deputy Superintendent a record of the state of the prisoner's health, and of any wounds or marks on his person, the class of labour he is fit for if sentenced to rigorous imprisonment and any observation which the Medical Officer thinks fit to add. (3) In the case of female prisoners the search and examination shall be carried out by the matron under the general or special orders of the Medical Officer. ### 476. Record for the purpose of identification. - A full personal description of every prisoner with a note of any special marks on his person and his left thumb-impression shall for purposes of identification, be recorded in the admission register. ### 476A. Police-registered prisoners. How divided and distinguished. (1) Police-registered prisoners are divided into two classes. The first class consists of prisoners who shall, two months before release "or a fortnight, as the case requires" be transferred to the jail of the district in which their respective homes are situated. This class will be distinguished in the admission and release diaries as PR/T prisoners. The letters 'PR' indicating that the prisoner is 'Police-registered' and the letter 'T' that he is to be transferred two months prior to his release to the district noted on the slip as his native district : Provided there is a Central or District Jail located there otherwise a fortnight prior to his release if there is only to a sub- jail. The second class is comprised of prisoners who shall not to be so transferred, but shall be released from the jail in which they are confined at the time of the expiry of their sentence. This class shall be shown in the admission register and release diary as P.R. (Police-registered) prisoners. If any prisoner, known to be a member of a criminal tribe, is not police- registered, the case shall be brought to the notice of the Superintendent of Police. When intimation respecting a prisoner's police registration is received after the name has been entered in the register above-named, the letters EPR/T as the case may be shall be added in red ink, the P.R. form being attached to the warrant of the prisoner to whom it appertains. On the death or escape of a prisoner of P.R. class, the P.R. form attached to his warrant shall be at once returned to the Superintendent of Police of the district in which he was sentenced, with an endorsement showing the date of his death or escape. All other slips P.R. class prisoners shall be sent to the Superintendent of Police of the district in which the prisoner's home is a fortnight before release is due, as directed, see paragraph 516- A. (2) All P.R. slips of the prisoners of PR/T. class shall be sent to the Superintendent of Police, Crimes Branch, C.I.D. Lahore, two months before the release of the prisoner is due or immediately on the death or escape of such prisoners. Note 1 :- The number and names of EPR/T prisoners should be noted in red ink in the release diary (Register No. 4) two months before the probable date of release, counting remissions they are likely to earn. Note 2 :- If a P.R. convict has not been identified the word "Unidentified" shall be written in red ink in register No. II admission register and across the copy of his slip which shall be marked EPR/T ### 476B. Finger Impression slips of P.R. Prisoners. - The finger impression slips of P.R. convict shall be prepared in the presence of and signed by (a) the Magistrate deciding the case, or (b) a Gazetted Police Officer, or (c) the Superintendent of the Jail. But in all cases that portion of the P.R. slip which classifies the convicts as P.R. or PR/T shall be signed by the Superintendent of Police, or in his absence, by his representative at headquarters. [Note 1 :- The District Magistrate and the Superintendent of Police should arrange that the duty shall be, as far as possible, evenly divided between the District Stiff, the Police and the Superintendent of the Jail.] [P.G. letter No. 343 of 13.12.1904.] [Note 2 :- The order to a convict to give his thumb-impression is a lawful order and should be upheld by the Superintendent of the Jail who should take steps to see that it is enforced. An officer of the jail may or indeed must order a prisoner to allow his thumb-impression to be taken.] [P.G. No. 15140, Jails, dated 2.6.24.] ### 477. The search of prisoners on admission. (1) Prisoners sentenced to rigorous imprisonment and prisoners sentenced to simple imprisonment if classed as habituals, shall have every article of private property other than those permitted in paragraph 493(h), removed from them. The clothing of military prisoners shall be returned to the escort. [Note :- When a convict is required to appear before a court either as a witness or as an accused person, he sham be dressed in his private clothes provided they have not been disposed of in accordance with clauses a, b, c and d of paragraph 493 of the Jail Manual.] [P.G. No. 22956-Jails dated 9.9.22.] (2) Prisoners sentenced to simple imprisonment shall have all articles other than a necessary supply of clothing removed from them. (3) Under-trial prisoners shall have all articles removed from them, other than necessary and suitable articles of clothing and bedding, and if allowed to cook, the requisite cooking utensils. (4) Civil prisoners shall have only dangerous weapons, articles likely to facilitate escape, drugs, spirits and immoral books taken from them. (5) Civil prisoners shall not be searched in the presence of any other prisoner and European prisoners shall be searched by the European warder, or if there be no European warder, by the Deputy Superintendent. (6) Female prisoners shall be searched by a female warder. Note :- The search must be thorough, as prisoners not infrequently conceal articles in their hair and other parts of their persons. For the disposal of property removed from prisoners, See Chapter 12. ### 478. Quarantine on admission to Jail. - Prisoners on first admission to jail shall at the discretion of the Medical Officer, be kept in the quarantine ward or cells for such period as may, in his opinion, be necessary. ### 479. Prisoners to wash themselves and their clothing. - As soon as possible after admission to jail all prisoners shall be required to wash themselves and their clothing thoroughly. Such of the private clothing of convicts as can be boiled without damage shall be boiled before it is stored. ### 480. Classes and serial numbering of prisoners. To be quoted in communications. (1) Every convict shall receive a serial number corresponding with the entry relating to him in the admission register : the series of numbers in each jail shall run from 1 to 10,000. (2) Casual prisoners shall for brevity be known as Cas : class and habitual prisoners as Hab : class. (3) The convict's number and the letter signifying his class shall precede his name whenever he is referred to in any official communication thus Convict No. 359 Cas : Ishar Singh". (4) When any reference is made to the Inspector-General concerning any prisoner, a descriptive roll of the prisoner (Form No. 61) duly filled in, shall be sent with it. ### 481. Certain convicts to wear a wooden label and neck-ring. (1) Every convicted prisoner shall wear a wooden label suspended by a small leather thong from a button sewn on the left breast of the coat. (2) On the wooden label shall be entered the register number of the prisoner, the class to which he belongs, the section of the Indian Penal Code or other enactment under which he was convicted, the term of his sentence, the date of conviction, the date on which he will be entitled to be released and the amount of the fine (if any) imposed. ### 482. Description of neck-ring and label to be worn by convicts. (1) The label shall be made of dry Mango or farash wood 4 inches long by 2 inches broad by 1/2 an inch thick. Note :- One-fourth inch figures and letters shall be used for stamping tickets. ### 483. Female prisoners and convict-officers to wear labels. - Convict- officers shall wear their labels suspended from their belts at the left side. ### 484. State of education on admission. - The state of every prisoner's education shall be ascertained on admission and the entries in the admission register shall be made as follows :- (a) able to read and write; (b) able to read only; or (c) illiterate. ### 485. Prisoners with knowledge of English. - The nominal roll of every prisoner having a competent knowledge of English, shall on his admission to jail, be submitted to the Inspector-General. ### 486. How habituals are to be distinguished. - Every prisoner of the habitual class shall ordinarily be required to wear a yellow cap or a red pugri if a Sikh. ### 487. Abstract of rules to be read and hung up in a conspicuous place. (1) An abstract of the rules relating to the conduct and treatment of prisoners shall be read over to every prisoner as soon as possible after his admission into jail, and proper means shall from time to time thereafter be taken by the Superintendent to make every prisoner acquainted with the purport of all such rules for the time being in force. (2) A translation of the abstract of the rules, in the Urdu language, shall be hung up in every convict ward and in some other conspicuous place in every jail. ### 488. Procedure on completion of entries in registers. - On completion of the necessary entries in the admission and release registers and of the procedure prescribed in this chapter in so far as it may be applicable in each case, the Deputy Superintendent shall bring these registers and all newly admitted prisoners with their warrants before the Superintendent, who shall satisfy himself that the entries are correct and attest them in token thereof. Chapter XII Prisoners' Property ------------------------------------ ### 489. List of property to be attached to warrant. (1) A list of all money, clothing or other property removed from each convict on admission to jail shall be attached in each case to the prisoner's warrant. (2) The property of civil prisoners shall be entered in the civil prisoner's admission register. (3) All additions, erasures or alterations to the list of any prisoner's property shall be initialled by the Superintendent. (4) Reasonable amount may be deposited by friends/relatives of an undertrial prisoner with the Superintendent Jail for meeting expenditure in connection with engaging counsels for defence of an undertrial or to enable him to travel on his home place. ### 490. List of property to be read over. Every entry to be attested. (1) Every prisoner shall, as soon as possible after his first admission to jail, have read over to him, in the presence of the Superintendent, a list of all property of whatever description which was removed from the person of or received with such prisoner at the time of his admission. (2) If the prisoner acknowledges the correctness of the list - the fact that he does so, - and if the prisoner makes any objection to any entry in or to the omission of any article from the list - the nature of the objection shall be noted on the list. (3) If the prisoner can write, he shall be required to sign the list in token of the correctness thereof and of the objections (if any) noted thereon. (4) The Superintendent shall attest every entry in the list by initialling the same. Note - When such property is made over by an official receiving it to another official, the receipt of the latter official will be taken in Register No. 1, 2 or 3, as the case may be, and all such property shall, with the exception of clothing, be kept in charge of the Deputy Superintendent. ### 491. Property to be received, when exception may be made. (1) All property received with or found on the person of a prisoner on his admission to jail, or subsequently sent by the Magistrate on his account, shall be received by the jail authorities. (2) Property tendered by the friends or relatives of any prisoner, on his behalf, either at the time of such prisoner's admission to the jail or subsequently, may, in the discretion of the Superintendent, be either received or refused. ### 492. Property received after admission to be entered in list. - When any property is, after the admission of any prisoner to the jail, received by the Superintendent on his behalf, such property shall be entered in the list of property belonging to such prisoner in the manner prescribed in the case of property taken from or received with the prisoner at the time of his admission to the jail. ### 493. Treatment of the property of prisoners. - Prisoner's property shall be dealt with in accordance with the following provisions, namely - (a) Such articles as are, in the opinion of the Superintendent, of a perishable nature or are likely to deteriorate by keeping, or to involve expenditure in the keeping, shall, unless with the consent of the prisoner to whom they belong are made over to any relative or friend of such prisoner, be sold and the sale-proceeds thereof credited to the prisoner's account and a note to that effect made in the list of the property of such prisoner, and attested by the Superintendent. (b) If, by reason that any prisoner is, at the time of his admission to the jail or at any subsequent time, suffering or likely to suffer from any contagious or infectious disease, or on other sanitary grounds the Medical Officer shall certify that any article of clothing or bedding or the like, belonging to any prisoner, should be destroyed, the Superintendent shall cause the same to be forthwith destroyed accordingly and a note to that effect to be made in the list of the property of such prisoner and shall attest the note so made. (c) If any article of clothing or bedding or the like belonging to any prisoner is in the opinion of the Superintendent, in such a damaged or filthy state as not to be worth keeping, or fit to be sold, he shall cause such article to be forthwith destroyed and a note to that effect to be made in the list of the property of such prisoner, and shall attest the note so made. (d) The clothing of every prisoner sentenced to a substantive term of rigorous imprisonment of three years or more shall, if not liable to be destroyed under the preceding provisions of this rule, on the confirmation of the prisoner's sentence or if on appeal is made on the expiration of the time allowed for appealing, be sold and the proceeds credited to the prisoner's account and a note to that effect made in the list of the property of such prisoner, and attested by the Superintendent. (e) Subject to the preceding provisions of this rule, the property (other than property in regard to which any special provision, is hereinafter made) of every prisoner the term of whose substantive sentence of imprisonment is less than three years shall be carefully packed, stored and kept. (f) The jewellery, trinkets, securities and other valuables (if any) of every prisoner shall be placed in a separate packet and the prisoner's register number, name and the date of sentence shall be endorsed thereon. Every such packet shall be kept in the jail cash chest. (g) Money which is the property of prisoners (including the sale proceeds of any article sold), shall, subject to any directions which the Inspector-General may from time to time give in that behalf, be kept in the jail cash chest or deposited in the local public treasury. (h) Every prisoner shall be allowed to retain one pair of shoes for use in jail. Sikh prisoners and others exempt from having their hair cut, shall be allowed to retain a comb. (i) Sikhs shall be allowed to retain kara (iron bangle). Hindus who wear sacred thread may retain it when confined in a jail. ### 494. Clothing to be attached in bundles and labelled. (1) The clothing belonging to any prisoner retained in the jail under the provisions of clause (e) of the preceding paragraph shall be first thoroughly washed and stitched into a bundle before being stored. (2) Every bundle shall be labelled with the number, name and date of sentence of the prisoner and arranged in the prisoner's property godown accordIng to the month of sentence. ### 495. Disposal of money, the property of prisoners. (1) The cash property of the prisoners to be made over to them on release, or which for other reasons is disposed of, shall, during any month, be paid by the Deputy Superintendent from the cash property of prisoners received during the same month. (2) Should the cash received be in excess of that disbursed the balance shall be remitted into the treasury at the close of the month, but if the disbursements are in excess of the receipts at any time, the difference shall be paid from the department advance, which shall be recouped by the withdrawal of a similar sum, when the month closes from the prisoner's cash amount in the treasury. (3) The receipt and disposal of all money belonging to prisoners shall be entered by the Deputy Superintendent in the cash book, and when articles belonging to prisoners have been sold the amount realized by the sale shall also be entered on the memorandum of property attached to each prisoner's warrant with the date of entry. (4) The Superintendent shall occasionally satisfy himself that the amount of cash lodged in the treasury to the credit of prisoners corresponds with the amount shown in the Deputy Superintendent's cash book, under the same head. ### 496. Disposal of property on transfer of a prisoner. - On the transfer of a prisoner from one jail to another, all his money and other property shall be sent to the jail to which he is transferred. ### 497. Disposal of clothing of certain prisoners on transfer. - The clothing of every prisoner sentenced to three years or more shall, whenever possible, be disposed of as laid down in clause (d) , paragraph 493, before the prisoner is transferred to any other jail. ### 498. Property tendered for certain prisoners not to be received. - Property tendered at a jail on behalf of a prisoner already transferred to another jail shall not be accepted, but the person who tenders the property shall, if he so desires, be informed of the jail to which the prisoner has been transferred, so that he may send the property to him. ### 499. Property may be made over to a relative or friend. - The Superintendent may, at the request or with the consent of any prisoner, at any time make over the whole or any part of the money or other property belonging to such prisoner, which may be in the keeping of the Superintendent, to any person (not being a prisoner), whom such prisoner may specify : Provided that the Superintendent may withhold and retain so much of the money or other property of such prisoner as he may think necessary for the purpose of providing such prisoner with sufficient clothes and money, upon his release. ### 500. Disposal of forbidden articles found on prisoners. - Any prohibited article found on any prisoner, after his admission into any Jail shall be confiscated, and all money so confiscated and all money realised from the sale of any article so confiscated, shall be credited to the Government in the public treasury : Provided that the Superintendent may award any sum, exceeding one- half of any money or of the sale proceeds of any property so confiscated, to any person concerned in the finding or discovery thereof. Note - Sums of money confiscated, as well as sale-proceeds of confiscated property, should be paid into the treasury to credit of XXII - Jails and Convict Settlement - Jails - Miscellaneous. ### 501. Disposal of the property of an escaped prisoner. - The money and other property of every prisoner who escapes, shall be retained at Jail from which he effected his escape for one year after the date of his escape. If the prisoner is not recaptured within that period, his money and other property (if any) shall be made over to the police as being unclaimed property. ### 502. Property of deceased prisoners. - The money and other property of deceased prisoner shall, unless claimed by a person holding a succession certificate, probate or letters of administration entitling him to receive it, be made over to the police as being unclaimed property. Note - When a prisoner dies, notice of his death should be sent to the District Magistrate of the district to which he belongs, and if within a month no person, duly authorised to receive the property under the conditions laid down, lodges a claim to it, such property shall then be made over to the police. ### 503. Procedure when forwarding unclaimed property. (1) With the property made over to the police under the preceding paragraph, a descriptive roll of the deceased prisoner and a certified copy of the record of such property, shall be forwarded. (2) Any wish expressed by a dying prisoner as to the disposal of his property, shall be made known to the police to whom the property is made over. (3) A receipt should be obtained for all unclaimed property made over to the police. Chapter XIII History Tickets --------------------------------- ### 504. History-tickets - their preparation and maintenance. (1) Every prisoner shall immediately on his reception into jail be provided with a history-ticket which shall be maintained in the manner hereinafter provided throughout the period during which such prisoner remains in confinement. (2) Every history-ticket shall contain the following particulars, namely- (a) the name, prison number and other particulars necessary for the identification of the prisoner; (b) a brief entry of every order passed and direction given relating to, and punishment inflicted on the prisoner; and (c) a brief record of every other occurrence of any importance, affecting the prisoner, which takes place while he remains in confinement. (3) The history-ticket of every convict shall contain the following further particulars, namely :- (a) the nature of the offence of which he has been convicted and the provision of the law applicable thereto; and (b) the date, nature and extent of the sentence passed. (4) Every entry made on the history-ticket shall be so made at the time of, or as soon as possible after, the occurrence of the event to which it relates, and shall be dated and initialled by the officer who makes it. (5) Subject to the requirements of this rule the Inspector- General may, from time to time, prescribe form of history-tickets. ### 505. Entries by the Medical Officer in history-tickets. (1) In the heading of the history-ticket of every prisoner, the Medical Officer shall enter or cause to be entered under his supervision - (a) the prisoner's weight on admission, (b) his state of health, (c) the class of labour for which he is fit, if sentenced to labour, and (d) whether has been protected by vaccination, inoculation or small-pox. (2) He shall also subsequently enter or cause to be entered - (a) if a convict, the fact of vaccination having been performed and the result, (b) admission to and discharge from hospital on every occasion, with the disease for which admitted, and (c) admission to and discharge from the convalescent gang. (3) The Medical Officer shall himself enter such other directions or recommendations as he may from time to time consider necessary for the maintenance of the health of the prisoner. Note - Entries (b) and (c), clause (1), and entries (b) and (c), clause (2), if made by the Medical Subordinate should be initialled by the Medical Officer in token of their having been made direction. ### 506. Particulars to be entered and the officers to enter the. - On the history-ticket of every prisoner shall be entered as far as such entries may be applicable - (a) the date of admission into jail, (b) the number and name of every article of clothing and equipment, issued on admission and subsequently, (c) the particular work and task in weight, number or measurement, to which the prisoner is put, (d) every change of work or task on other than medical grounds, (e) any complaint made by the prisoner of sickness or report of his sickness, (f) the action taken on any direction or recommendation of the Medical Officer or Medical Subordinate, (g) application for a copy of judgment, if the prisoner desires to appeal, (h) receipt of the copy of judgment, (i) despatch of appeal, (j) substance of the order of the appellate Court, (k) the fact of an appeal not having been made before the expiration of the term allowed for appealing, (l) the amount of remission awarded quarterly, (m) the total remission in days earned up to the end of each quarter. (n) every prison-offence alleged to have been committed, (o) every interview allowed and the receipt or despatch of private letters, (p) despatch to a Court, or transfer, discharge, escape or death, (q) any recommendation of the Factory Manager or the Deputy Superintendent, (r) action taken on any order entered by the Superintendent, (s) location in a cell by day or night, (t) the use of the latrine out of hours, (u) the fortnightly or weekly weighments, (v) the number of the cell in which placed on account of warrant of confinement, (w) the total confinement undergone on warrant on each occasion of removal from cell after such confinement. The entries (a) , (b), (e), (g), (h), (i), (j), (k), (m), (n), (o), (p),(q), (t), (v), and (w) may be made by the Senior Assistant or Assistant Superintendent or European-warder, entry (l) may be made by the Senior Assistant Superintendent or any other officer authorized to award remission, and entry (u) by the Medical Subordinate or by an Asst. Superintendent or Dispenser if deputed to assist him. Entry (c) shall be made by the Factory Manager, when there is not an officer of this grade, it shall be made by the Deputy Superintendent, but in large jails a portion of the duty may, under the orders of the Superintendent, be performed by the Senior Assistant or Assistant Superintendent. The duty of making the entries (d), (f), and (r) shall not be delegated to any officer subordinate to the Deputy Superintendent. Note 1- The particular duties assigned to convict- officers should as far as practicable be noted on their history-tickets. Note 2. - As regard (s) it will be the duty of the Deputy Superintendent to make the entries, unless the Superintendent appoints some other executive upper subordinate to carry it out. Note 3. - No adverse entries are to be made in history-ticket without the orders of the Superintendent. ### 507. Entries to be made by the Superintenden. - On the history-ticket of every convict the Superintendent shall record - (a) any special order he may have to give relative to any prisoner, e.g., the imposition or removal of fetters, permission to hold an interview or write a letter, separation by night &c, (b) the award of every punishment, (c) sanction for employment on extra-mural work, (d) promotion to the grade of convict-watchman, convict-overseer or convict-warder, and, (e) the award of special remission. ### 508. Custody and management of history-ticket. - The history-ticket of each prisoner shall be kept in a proper receptacle, by the convict-officer in whose charge the prisoner is placed and shall be produced by him whenever required by any officer of the jail or superior convict-officer, so to do. It shall go with the prisoner whenever he is transferred from one gang to another, or from one-kind of place of work to another or is sent to hospital. At the weekly parades, each prisoner shall hold his ticket in his hand for inspection. The history-ticket shall be produced, with the prisoner, whenever he is reported for an offence, or is brought before the Superintendent or Medical Officer for any reason. Note 1 - Every under-trial and civil prisoner may be allowed to retain possession of his history-ticket. Note 2 - At weekly inspections the tickets will be issued just before, and removed immediately after, the advent of the Superintendent. ### 509. Retention of history-ticket after release or death. - The history- ticket of every prisoner shall be retained in safe custody - (a) in the event of his escape or release - for one year, and (b) in the event of his death - for two years after such event occurs, (c) in the event of release on bail - for a year after the result of appeal is known. Chapter XIV Judicial Solitary Confinement ---------------------------------------------- ### 510. Amount of solitary confinement ordered on a warrant. - The amount of solitary confinement that can be ordered by a Court, is at a time, not exceeding - (a) one month, if the term of imprisonment does not exceed six months; (b) two months, if the term of imprisonment exceeds six months, but does not exceed one year; and (c) three months, if the term exceeds one year. (2) If the period of solitary confinement ordered is stated in months, one month shall be counted as four weeks, two months as eight weeks and three months as twelve weeks. Explanation - Solitary confinement means such confinement with or without labour as entirely secludes the prisoner both from sight of, and communication with, other prisoners. ### 511. Limit of solitary confinement. - In executing a sentence of solitary confinement, such confinement shall in no case exceed fourteen days at a time, with intervals between the periods of solitary confinement of not less duration than such period, and when the imprisonment awarded shall exceed three months, the solitary confinement shall not exceed seven days in any one month of the whole imprisonment awarded, with intervals between the periods of solitary confinement of not less duration than such periods. ### 512. Conditions to be complied with in executing sentences of solitary confinement. (1) (a) When the prisoner is placed in a cell, the number of the cell should be given in the history-ticket against the entry. (b) The total confinement undergone on warrant should be shown in the history-ticket as a separate entry on each occasion the prisoner is removed from such confinement. (c) On the discharge of a prisoner from jail, an entry should be made in Register No. 2 showing the total amount of solitary confinement undergone as per warrant. (2) No prisoner should be placed in solitary confinement until the Medical Officer certifies on the history-ticket that he is fit to undergo it. (3) Prisoners sentenced to solitary confinement should ordinarily be divided into four gangs, each gang should be placed in cells for a week at a time, so as to utilize the cells to the fullest and at the same time comply with the requirements of sections 73 and 74 of the Penal Code. (4) A prisoner who is unfit at the time he would ordinarily be confined, should be placed in a cell at a subsequent date if the conditions imposed by section 74 of the Penal Code allow it. (5) The execution of a sentence of solitary confinement need not be postponed on account of an appeal having been lodged. (6) Every prisoner undergoing solitary confinement shall be visited daily by the Medical Officer or Medical Subordinate. (7) Any prisoner undergoing solitary confinement shall, under the orders of the Medical Officer, on the ground that a continuation of such confinement would be likely to prove injurious to mind or body, be forthwith removed from the cell or place in which he is confined. The Medical Officer shall make a record of the order in his journal. (8) If a prisoner sentenced to solitary confinement be declared by the Medical Officer to be permanently unfit to undergo such confinement the fact shall be reported to the Court which awarded the sentence. The declaration should be recorded in the history-ticket and the warrant. ### 513. Solitary confinement when to be undergone. - If a prisoner is sentenced under two or more separate warrants, any period of solitary confinement awarded can only be given effect to during the time the sentence, of which it forms a part, is being executed. ### 514. Endorsement on warrant of solitary confinement undergone. - On the expiration of the sentence of every prisoner awarded solitary confinement by the committing Court, the endorsement on the warrant by the Superintendent, certifying to the execution of the sentence, shall state the total period of solitary confinement the prisoner has undergone, and if any portion has not been executed, the reason should likewise be stated. Chapter XV Release of Prisoners ------------------------------------ NOTE. - For the method of calculating the date of release, see Chapter XI on the admission of prisoners. ### 515. Examination of warrants. - The warrants of all convicts, whose release becomes due in any month, shall be examined on the 20th day of the month preceding to ascertain their correctness. ### 516. (a) Not less than fourteen days before any convict in respect of whom an order under section 565 of the Code of Criminal Procedure, 1898, has been made, is to be released, the officer in charge of the jail or other place in which the prisoner is then confined shall explain to the prisoner the nature of the order and the requirements of the rules made by the Local Government under such section, and shall call upon him to state the place at which he intends, after his release, to reside. (b) Every convict in respect of whom an order has been made under section 565 of the Code of Criminal Procedure shall, not less than fourteen days before the date on which he is entitled to be released, notify the officer in charge of the jail or place in which he may be for the time being confined, of the place in which he intends to reside; after his release. (c) The officer in charge of the jail or other place of confinement shall, thereupon report (Form No. 175) to the Superintendent of Police of the District in which such jail or other place of confinement is situate, the name and other particulars necessary for the identification of the prisoner, and the place at which such prisoner intends, after his release, to reside. [NOTE - In every case in which a Criminal Court makes an order under section 565 of the Code of Criminal Procedure (directing a convict to notify his residence and every change of residence after release), a copy of such order will be transmitted by the Court passing the sentence and order, with the warrant of commitment, to the officer incharge of the jail in which the prisoner is, or is about to be, confined.] [P.G.Cir. No. 5-396 of 13.3.10. App. No. VIII.] [NOTE 2. - A re-convicted prisoner is not necessarily a habitual and a convict may be classified as a habitual on his first conviction.] [See para 3 (h) and 445 Note 5.] ### 516A. Release of Police registered prisoners. (1) The release notices, i.e., slips of prisoners classed P.R.T., shall be forwarded by the Superintendent of the Jail direct to the Deputy to the Inspector General of Police, Crime and Criminal Tribes, Punjab, at least two months before the date of release. (2) The release notices, i.e., slips of prisoners classed P.R., shall be made over by the Superintendent of the Jail from which such prisoners are to be released to an officer to be specially deputed for the purpose by the Local Superintendent of Police. In the case of persons to be released from the jail of the district in which they were convicted, the release notices shall be made over to the Police on the Saturday preceding the dates of release. In the case of persons to be released in a district other than in which they were convicted, the release notices shall be made over to the Police at least one month prior to the dates of release. NOTE - As the original copy of the slips to the jail, it is necessary that a full receipt for the slips be obtained from the Police Officer, when forwarding them to other places they should be sent under registered cover to ensure their return. ### 516B. [ Action to be taken on expiry of 14 years. [G. of I. Resolution No. 159-167, dated 6.9.05 and P.G. No. 18608 Jails, dated 28.6.20.] (a) With the exception of females and of males who were under 20 years of age at the time of commission of offence, the cases of every convicted prisoner sentenced to :-] (i) Imprisonment/s for life. (ii) Imprisonment/s for life and term/s of imprisonment. (iii) Cummulative periods of rigorous imprisonment aggregating to more than 14 years. (iv) A single sentence of more than 20 years :- (a) who has undergone a period of detention in jail amounting together with remission earned to 14 years; shall be submitted through the Inspector-General of Prisons, Punjab for the orders of the State Government. Action to be taken on expiry of 10 years. - (b) The case of a female prisoner and of a male prisoner under 20 years of age at the time of commission of offence, who is undergoing - (i) Imprisonment/s for life. (ii) Imprisonment/s for life and term/s of imprisonment. (iii) Cummulative periods of rigorous imprisonment aggregating to more than 14 years. (iv) A single sentence of more than 20 years shall be submitted through the Inspector General of Prisons, Punjab, for the orders of the State Government when the prisoner has undergone a period of detention in Jail amounting together with remission earned to 10 years. (v) Notwithstanding anything contained above, a Superintendent, Jail may, in his discretion, refer at any time, for the orders of the State Government through the Inspector-General of Prisons, Punjab, the case of any prisoner sentenced to imprisonment for life whose sentence might in the Superintendent's opinion be suitably commuted into a term of imprisonment. NOTE - For the purposes of preparing the rolls of prisoners under the above rules sentence awarded to a prisoner for an offence committed while in prison or during suspension of sentence will not be taken into account. ### 517. Procedure when sentence expires. (1) When the sentence of a prisoner expires, the Deputy Superintendent shall bring him before the Superintendent, together with his warrant and the prisoner shall be released at the jail gate, in the presence of the Superintendent. (2) Every order for the final discharge of a prisoner shall be signed by the Superintendent. ### 518. Deputy Superintendent may release certain prisoners. Report when prisoner is not released. (1) In case of a release on appeal, payment of fine, furnishing security, giving bail &c., in which the power of legal detention ceases as soon as the order of the Court is delivered at the jail, the Deputy Superintendent shall release the prisoner, on his own responsibility, provided always that an immediate reference to the Superintendent is, from the distance of the jail or other cause, impracticable. The warrant of such prisoner shall be signed by the Superintendent as if the prisoner was released before himself. (2) The case of every prisoner not released at the time he is entitled to be released shall be reported to the Inspector-General. ### 519. Warrant of release of a prisoner transferred. - On receipt of a warrant for the release of a prisoner who has been transferred to another jail, such warrant shall be forwarded without delay by registered post to the jail in which the prisoner is confined. ### 520. Identification of prisoners on releas. - Every prisoner shall, before being released, be carefully identified by reference to the personal description of such person recorded in the admission register, and the Superintendent and Deputy Superintendent shall satisfy themselves respectively that the prisoner brought forward is entitled to be released and that his sentence has been duly executed except in respect of any remission earned and granted in pursuance of the remission rules. ### 521. Time of release of prisoner. (1) No prisoner shall be released after the hour for lock-up or the night or before sunrise on any day. (2) Every prisoner whose release has been ordered by a competent Court on any day, shall be released on the same day, as soon as possible after the receipt of the order directing his release. (3) Subject to the provisions of clause (3), prisoners shall ordinarily be released as soon as possible after sunrise. ### 522. Prisoner to produce his jail outfit on release. (1) Every prisoner shall, before he is released, be required to produce for inspection and deliver up, his complete jail outfit in a clean condition. Any prisoner whose clothing is dirty shall be made to wash and clean it before he is released. (2) A convict about to be released shall present himself before the Superintendent in his private clothes, or if he has no clothing of his own, in the clothing provided for him by the Superintendent. ### 523. When the date of release falls on jail holiday. - If the date on which any prisoner would be entitled to be released, falls on a jail holiday as per detail given in para 671 (1) such prisoner should be released on a day earlier. Provided that if for any reason a civil prisoner is entitled to be released on a jail holiday he shall be released on that day. ### 524. Release on the authority of a telegram. - No prisoner shall be released on the authority of a telegram save in the case of a telegram despatched by a Secretary to Government. All such telegrams should be authenticated by a telegraphic enquiry. ### 525. [ Prisoners on release to be furnished with certificate. [P.G. No. 1766-S,-Jails, dated 2.7.26.] At the request of any prisoner sentenced to imprisonment, he shall be furnished at the time of his release with a certificate in form No. 168 signed by the Superintendent, to the effect that he has completed his term of imprisonment, the amount of remission, if any, being stated therein. A report on his character and conduct in jail shall be included in the certificate, if the prisoner so desires, but not otherwise.] ### 526. Return of a prisoner's property on release. - At the time of releasing every prisoner, the Superintendent shall deliver, or cause to be delivered to him all money and other property (if any) belonging to him. An acknowledgement of the receipt of the money and other property (if any), shall, if the prisoner can write, be taken from him in the admission register. If the prisoner cannot write, he shall be called upon the state, whether he has or has not received all money and other property belonging to him, and, if not, what articles, or their value, have not been delivered to him. If any part of a prisoner's money or other property is not delivered to him, a note of the fact shall be made opposite the item not delivered, in the list attached to his warrant, and the Superintendent shall decide whether any and, if so, what compensation is to be granted to the prisoner in respect thereof, and shall pay such compensation, or cause it to be paid, to him accordingly. Provided that no prisoner shall be entitled to receive any compensation, other than the sale-proceeds (if any) in respect of any property at any time destroyed or sold in accordance with the provisions of paragraph 493. Note - Compensation for money or other property lost while in the custody of any officer of the jail, shall be paid at the expense of the officer responsible for such loss. ### 527. Conditions under which clothing may be supplied to a released prisoner. - Every prisoner whose clothing has been sold or destroyed or is insufficient for purposes of health or decency, shall, upon release, be supplied, at the expense of the Government, with such clothing as the Superintendent may consider necessary and suitable : Provided that, if any prisoner possesses sufficient means, over and above the sum of two rupees (exclusive of any amount he may have been awarded while confined in jail), he shall, if he so desires, be supplied with clothing, at cost price, on payment for the same, but not otherwise. ### 528. Subsistence allowance, railway pass and conveyance allowance. (1) Every prisoner whose home is situate more than five miles from the jail from which he is released, and who is not in possession of more than two rupees (exclusive of what he may have been awarded while confined in jail), shall, at the time of his release, be provided with subsistence allowance at the rate of four annas for every fifteen miles, or part thereof, to be travelled by road, and in respect of every day's or part of a day's journey be rail, to his home. (2) Every released prisoner whose home is on or near any railway station and is situated more than five miles from the jail of his release or from the nearest railway station shall be entitled to - (i) a free railway pass of the third class to the station nearest to his home, and (ii) conveyance allowance equivalent to the actual lorry fare subject to a maximum of road mileage admissible to class IV Government servants when on tour for journey or part thereof which he has to perform by road, to reach his home, (iii) where it is more convenient for a prisoner to travel by lorry than by train, actual lorry fare may be paid to him on release instead of issuing to him a railway requisition, provided the lorry fare does not exceed the cost of a IIIrd Class railway fare for the journey. Provided that no such pass or fare shall be given to any prisoner sentenced to imprisonment in lieu of fine inflicted under the provisions of sections 112 and 113 of the Indian Railway Act, XI of 1890. Provided further that Government may, at any time, direct that in the case of any prisoner or class of prisoners no such subsistence allowance, railway pass or lorry fare shall be given on release from jail after completion of their sentence. Nor shall a pass or subsistence allowance be given to the members of the Provincial Additional Police, Punjab in whose case `Recall Notice' has been served. They shall on release be handed over to the local police for being sent to the Additional Police Headquarters at Lahore. (3) All allowances granted under the rule to any prisoner upon his release shall be paid to him in the presence of the Superintendent. ### 529. Meal to prisoners on releas. - Prisoners about to be released in the morning shall, prior to release, be supplied with the early morning meal. ### 530. Release of female prisoner. (1) Notice of the date of release of every female prisoner shall, one month before such date, be sent to the Magistrate of the District in which her home is situated asking him to intimate to the woman's relatives the date of her release, with a view to their coming and receiving her at the jail gate. (2) In the event of no relative appearing to receive her and she is young or likely to be led astray, she should, if willing to accept the escort, be sent to her home in charge of the female warder or a respectable woman entertained for the purpose. If this escort is not considered necessary, the prisoner shall be released in the ordinary way. ### 531. Release of juvenile prisoner. (1) Notice of the date of release of every juvenile prisoner shall, one month before such date, be sent to the Magistrate of the District to which he belongs, asking him to intimate to the relatives of the prisoner that date of release, with a view to their receiving him at the jail gate and escorting him to his home. (2) If no relative appears to receive him he should, if young and unable to make his way home, be escorted by a warder. If this is unnecessary, the prisoner shall be released in the ordinary way. ### 531A. [ Release of members of criminal tribe. [P.G. No. 1726-S Jails dated 3.7.22 and No. 7705-S-Jails dated 3.10.30.] (1) All members of notified and restricted Criminal Tribes, both wandering and settled, in whose case orders under section 16 of the Criminal Tribes Act, 1924, have been passed by the Provincial Government restricting their movements to the Reformatory Settlement Amritsar should be sent there on expiry of the sentence they are serving.] Note - These instructions do not apply to members of Criminal Tribes who are reported by the Medical Officer in charge of the jail concerned to be suffering from Tuberculosis. Such members should be sent direct to their homes and not to a Criminal Tribes Settlement and the Deputy Commissioners for Criminal Tribes and Superintendent of Police of their district should be informed of their release. (2) All prisoners belonging to the Criminal Tribes who are not liable to transfer to the Amritsar Reformatory under Clause (1) above are transferred before release to the jail of the district to which they are restricted or to the nearest to their homes. Before release the Superintendent of the Jail should obtain for them from the Superintendent of Police of their District a pass under rule 15 of the rules framed under section 20 of the Criminal Tribes Act, 1924, to the places of their restriction, valid for a number of days just sufficient for the journey and specifying the route by which they should travel. This pass should be delivered by them on their arrival at their place of restriction to the Station House Officer of the Police Station within the jurisdiction of which that place is situated or to the Superintendent of the Settlement if their place of restriction is a settlement and they should be informed before release that the pass should be so delivered by them. The cases of any prisoners who belong to notified Criminal Tribes and who are not registered or restricted or who have been exempted under the Criminal Tribes Act, 1924, but are undergoing sentence for one of the offences specified in clauses (a), (b) and (c) of sub-rule (5) of rule 28 or the rules framed under section 20 of the Criminal Tribes Act, 1924, or of any prisoners who wish to be restricted to a Criminal Tribes Settlement or to a village or police station different to the village or police station to which they were restricted before their last conviction, should be reported to the Deputy Commissioner for Criminal Tribes, Punjab, within a month of their arrival by the Superintendent of the Jail, in which they are sent to serve their sentence so that either the orders of the Punjab Government can be obtained under rules 11, 12 or 16 of the Criminal Tribes Act, 1924, as the case may be or the orders of the District Magistrate concerned can be obtained for their Registration under rule 24 of the Rules framed under section 20 of the Criminal Tribes Act, 1924. (3) History-tickets and descriptive rolls of prisoners who are to be conveyed to the Criminal Tribes Reformatory Settlement at Amritsar, after release should in every case be sent to the Superintendent of that Settlement with the prisoner. (4) The rules framed under section 20 of the Criminal Tribes Act, are as follows :- (28) (1) All admissions into a settlement established under section 16, shall be arranged by the Deputy Commissioner for Criminal Tribes, under the general or special orders of the Provincial Government. (2) (a) When it is proposed to commit any member of a Criminal Tribe to such Settlement, the District Magistrate of the district in which such member resides or is found, or the Deputy Commissioner of Criminal Tribes shall order him to be produced either before himself or before a Magistrate of the Ist Class. (b) The Magistrate before whom he is produced shall then explain to him the grounds on which it is proposed to commit him to a criminal tribes settlement and shall record the statement, if any, made by him. The Magistrate shall also furnish to him, on payment of copying fees at the usual rates, a summary of the allegations made against him in order to afford him an opportunity of rebutting the allegations. (c) If it should appear to such Magistrate that further enquiry concerning such a person is necessary the enquiry shall be made in such manner as may seem most suitable in the circumstances. (3) (a) When a member of Criminal Tribes is convicted of an offence and awarded a sentence on the expiry of which he is liable to detention in such settlement the convicting Magistrate, if he is a Magistrate of the Ist Class, shall call upon the said member of Criminal Tribes to show cause why on the expiry of the sentence he should not be committed to a settlement established under section 15 of the Act. (b) If the convicting Magistrate referred to in clause (a) of the sub- rule is of a status lower than that of a Magistrate of the Ist Class, he shall report the case to District Magistrate who shall either take action under clause (a) himself or entrust the case to a Magistrate of Ist Class. (c) The District Magistrate or the Magistrate of Ist Class referred to in clause (b) above shall record the statement, if any, of the member of the Criminal Tribe and shall also furnish to him on payment of occupying fees at the usual rates, summary of the allegations made against him, in order to afford him an opportunity of rebutting the allegations. (d) The proceedings taken under clauses (a), (b) and (c) above shall then be forwarded by the said Magistrate to the Deputy Commissioner for Criminal Tribes, Punjab, who shall ascertain the previous record of the said member of Criminal Tribes from the Police authorities, make such other inquiries as he may consider necessary and submit the case for the orders of the Provincial Government. (4) The provisions of Chapter XX and of Sections 68, 90 to 93, 242 and 496 of the Code of Criminal Procedure shall, in so far as they are applicable, apply to all inquiries held under section 16 of the said Act. (5) No such member of a settled Criminal Tribe shall ordinarily be committed to or detained in any Reformatory or Industrial Settlement unless he has had two or more convictions for any of the following offences, namely :- (a) Non-bailable offences described in Chapters XII and XVII of the Indian Penal Code; (b) offences punishable under the Criminal Tribes Act, 1924; (c) offences punishable under the Indian Arms Act, 1878; or (d) unless he has been ordered to provide security for good behaviour : Provided that no such person shall ordinarily be committed to a settlement under this rule when more than five years have elapsed since the expiry of the sentence passed on him on the last conviction, or in consequences of the order requiring security, as the case may be. Note :- Two convictions one for absence and the other for one of the offences specified in clause (a) or clause (c) of sub-rule (5) of Rule 28 committed in course of the absence shall count as one conviction only. (6) Notwithstanding anything contained in sub-rule (5) the Provincial Government may commit to settlement any member of a criminal tribe who appears to be of criminal habits. (7) In the case of females referred to in clause (e) rule 3 such commitment may on the recommendation of the Deputy Commissioner for Criminal Tribes, Punjab, be made co-extensive with the period of detention of the husband or guardian of such female. (8) When a member of criminal tribe is ordered to be committed to a settlement established under section 16, such member shall be sent to the settlement in Police custody. ### 531B. [ Release of prisoners convicted under Opium and Excise Laws. [Financial Commissioner Punjab, No. 43-E.B, dated 24.6.20.] - Notice of the date of release of every prisoner convicted under the Opium and Excise Laws shall, one month before such date, be sent to the Superintendent, Excise Intelligence Bureau, care of the Financial Commissioner, Punjab.] ### 532. When a prisoner may be released on recognizance. (1) If the warrant of an Appellate Court directs that a prisoner shall be released on bail or on his own or another person's recognizance, the Superintendent shall not release such prisoner until he shall receive, from the Magistrate or other proper authority, intimation, in writing, that such bail or recognizance has been duly given, and that such prisoner may be set at liberty in accordance with the terms thereof. (2) The personal bond or recognizance of a prisoner whose release has been ordered should be drawn up in the jail office and attested by the Superintendent or by the Deputy Superintendent in the absence of the Superintendent. ### 533. [ Return of warrant, Action when there are two or more warrants. [Ibid Rule 277. See Section 4, Act III 1900, App. No. 1.] (1) On the release of a prisoner, upon the expiry of his sentence or on bail, his warrant shall be returned to the Court which (and not, by name to the officer who) issued it, with an endorsement showing the date and cause of release and the date on which the warrant is returned.] (2) [ The warrant of every prisoner who dies in jail shall be returned to the Magistrate of the District in which he was convicted.] [P.G. No. 1726-B- Jails, dated 3.1.22.] (3) If any prisoner is required to undergo two or more sentences under separate warrants, each such warrant shall be returned as soon as the sentence to which it relates has been executed. (4) Warrants of commitment of prisoners sentenced by General, Summary- General or District Courts Martial should be sent to the Judge Advocate- General in India and those of prisoners sentenced by Summary Courts Martial the Officer Commanding the Unit in which the Court was held after the sentences have been executed. (5) Warrants of commitment of escaped prisoners, who have not been recaptured, shall be returned to the convicting courts after a period of 10 years from the date of escape. ### 533A. Return of warrant. Action where an accused has been admitted to bail. - Where an accused has been admitted to bail pending the hearing of his appeal, the original warrant of commitment shall, after being returned by the Jail Authorities to the Court which issued it, be forwarded to the Appellate Court. (1) In every case in which a sentence is reversed on appeal, the Appellate Court shall return the original warrant with a copy of its order to the Court by which the accused was admitted to bail, with directions to discharge him. (2) In every case in which a sentence is modified on appeal, the Appellate Court shall prepare a fresh warrant (in the form prescribed in the following rule) and shall forward the same, with the original warrant and with a copy of its order, to the Court by which the accused was admitted to bail, with directions to take measures to secure his surrender and commitment to jail on the modified warrant. (3) In every case in which a sentence is confirmed on appeal, the Appellate Court shall return the original warrant with a copy of its order to the Court by which the accused was admitted to bail, with direction to take measures to secure his surrender and commitment to jail on the original warrant. In each of the last above-mentioned cases it shall be the duty of the Court to which the accused surrenders to his bail to endorse on the warrant the dates of his release on bail and of his subsequent surrender. ### 533B. Action where an accused surrenders to his bail. - Where an accused surrenders to his bail in the Appellate Court, such Court in every case in which the sentence is reversed on appeal, shall discharge him. And in every case in which the sentence is modified or confirmed on appeal, such Court shall forward the accused in charge of a police officer with the modified or original warrant to the District Magistrate with directions to commit him to custody as in cases (2) and (3) of paragraph 533-A. Note I. Wherever a Sessions Division consists of more districts than one, the District Magistrate in this paragraph shall be held to be the Magistrate of District in which the Sessions Court is sitting for the hearing of appeals. II. - The following form of warrant is prescribed for use by Appellate Court when a sentence is modified or altered on appeal :- In the Court of the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ at\_\_\_\_\_\_\_\_\_\_\_\_\_\_ To the Officer in charge of the Jail \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Whereas \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_son of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ of village \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Pargana \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ police station \_\_\_\_\_\_\_\_\_\_\_\_\_ in the district of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ was convicted by \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, Magistrate of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, of the offence of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ and was sentenced on the \_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_ 19 \_\_\_\_\_\_\_ to \_\_\_\_\_\_\_\_\_\_\_\_\_\_ which conviction and sentence have been modified on appeal by this court, and in lieu thereof the said \_\_\_\_\_\_\_\_\_ has been convicted of the offence of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ and sentenced on the \_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_ 19 \_\_\_\_\_\_\_\_\_\_\_ to \_\_\_\_\_\_\_\_\_\_\_\_ This is to authorise and require you the said Superintendent to receive the said \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ into your custody in the said jail, together with this warrant and carry the aforesaid sentence into execution according to law, and this is further to authorize and require to you return to this Court the original warrant of commitment in lieu whereof this warrant is issued. Given under my hand and the seal of the court this \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_day of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_19 Sessions Judge or Magistrate. ### 534. Case of Prisoner ill at the time of release. - If, on the expiration of his sentence, a prisoner is found to be suffering from serious illness be shall, if he elects to remain under treatment in jail under section 26(3) , Act IX of 1894, be allowed to do so until certified fit for discharge. ### 535. Release of prisoners suffering from disease. (1) With the consent of the Magistrate of the District within the limits of which the prisoner's offence was committed the Superintendent may release a prisoner suffering from disease provided that - (a) the disease is likely to prove fatal if the prisoner remains in prison; (b) there is a reasonable chance of recovery if the prisoner be released; (c) the prisoner has not done any wilful act, since he has been in prison, to produce or aggravate his disease; (d) the medical officer recommends the release and certifies that conditions (a), (b) and (c) have been complied with; and (e) the prisoner has not more than six months to remain in prison before the expiry of his sentence. (2) The prisoner shall be informed, before release, that his liberation is conditional on the sanction of the Local Government, and that, if such sanction be withheld, he will have to return to prison to serve out the remainder of his sentence. The prisoner's friends shall be sent for and a security bond taken from them, before he is released that they will give him up if required to do so. (3) The case shall be immediately reported to the Inspector- General in the prescribed form for submission to the Local Government. (Form No. 83). ### 536. Action in case of differences of opinio. - If the Magistrate of the District dissents from the Superintendent's recommendations the case shall be submitted to the Commissioner of the Division within the limits of which the prisoner's offence was committed, and he may either order his release, subject to the provisions of clauses (2) and (3) of paragraph 535, or submit the case for the orders of the Local Government. Note. - Cases which are not provided for in these rules will be dealt with by the Local Government under the provisions of section 401 of the Code of Criminal Procedure, 1898, on receipt of recommendations from the local authorities. ### 536A. Transfer of prisoners to civil hospitals in case of serious illness. (1) Where it is necessary to remove a convict or under trial prisoner to a hospital outside the jails for operative or other special treatment which cannot conveniently be given in the jail itself :- (a) [ In case in which a convict or under trial is to be admitted to hospital for in-patient treatment or is to be sent for out-patient treatment or for X-ray examination, the Superintendent of the Jail is empowered to authorise the visit himself. He is, however, required to report the matter immediately to the Inspector-General of Prisons, Haryana.] [Haryana Government Letter No. 43/69/79/JJ(7) dated 23.2.1984.] (b) In cases in which the convict or undertrial is taken to hospital for treatment as an outpatient only or for X-ray examination the Superintendent of the jail is empowered to authorise the visit himself. He is, however, required to report the matter for the information of the Inspector- General. [In cases, it is proposed to remove a prisoner to a hospital in another Station, orders of the Inspector General of Prisons, Haryana, be obtained in advance. However in emergent cases, the Superintendent of the Jail is authorised to anticipate the sanction of Inspector-General of Prisons, Haryana though when he does so, he should make an immediate report to the Inspector-General of Prisons, Haryana.] [Amended by the Haryana Government Jail Department vide No. 43/69/79-JJ (7) dated 23rd February, 1984.] (2) The discretion given to the Superintendent to anticipate the sanction of Government does not apply to cases in which it is proposed to remove a prisoner to a hospital in another station. In such cases the orders of the Inspector-General must be obtained in advance, and the Inspector-General will make an immediate report to Government of all cases in which he allows a prisoner to be so moved in anticipation of sanction. (3) [ In all cases in which a prisoner is removed to a hospital for the purposes of an operation the removal should take place as close as possible to the time fixed for the operation and the prisoner should be brought back to the jail hospital as soon as this can conveniently be done.] [P.G. letter No. 14680-S. Jails dated the 28th April, 1932.] (4) [ The Superintendent of the Jail concerned is responsible for making adequate arrangements for the guarding of such prisoners in a civil hospital. He should invariably inform the Superintendent of Police concerned when any desperate or dangerous prisoner is sent to the hospital and it will rest with the latter officer to decide whether he will replace the usual warder guard by a police guard in view of the danger of escape or rescue. In any case not less than one officer of the prison shall remain in the hospital with the prisoner to serve as the prison officer in control of the prisoner for the purpose of section 55 of the Prisons Act.] [P.G. letter No. 2813-S. Jails dated the 9th July, 1932.] (5) All expenses incurred by the hospital authorities in connection with the treatment of prisoners from jails will be borne by the Jails Department. (6) [ Prisoners in special cases to get outside treatment at their own expenses [Punjab Government letter No. 1244-JJ-50/804, dated 21st 1950 and Delhi Government letter No. F 4 (19) 50/R and J, dated 5th June, 1950.] - Prisoners may be allowed, in special cases, to get treatment by an outside specialist at their own expenses provided the medical officer of the jail considers such outside treatment necessary. In case a prisoner insists on having outside treatment at his own expense, only such specialist will be permitted to do the treatment as is approved by the Jail Medical Officer.] ### 536B. [ Transfer of prisoners to Examinations Centres. [Para Added by Punjab Government Letter No. 11941-4/61/396 dated 25th October.] - For the purpose of University Examinations, the Superintendent Jail is empowered to allow a convict or an undertrial prisoner to visit the examination Centre, under proper Police Escort.] Chapter XVI Appeals, Petitions, Interviews and Communications ------------------------------------------------------------------ (a) Appeals and Petitions ### 537. Prisoner to be given facilities for appealing. - Every convict shall, on first admission to jail, be informed of the period within which an appeal from the order under which he has been committed to jail may be filed, and, if he desires to appeal and is entitled to do so, every facility shall be granted him for the purpose. A request to be allowed to appeal, made at any time within the period allowed by law for the purpose shall, if the period is about to expire, be forthwith attended to, but, if there is not urgency, the preparation of the appeal may be postponed to such day of the week as the Superintendent may from time to time fix in that behalf. ### 538. Periods allowed for appealin. - The periods allowed for appealing are as follows :- \| \| \| \| --- \| --- \| \| Appeal from the decision of a Subordinate Magistrate to the Magistrate of a District \| ..... 30 days. \| \| Appeal to the Sessions Judge \| .... 30 days. \| \| Appeal to the High Court when the sentence against which the appeal is made is not a sentence of death \| .... 60 days . \| \| Appeal to the High Court against a sentence of death passed by a Sessions Judge \| ... 7 days.\* \| \(See Act XV of 187) ### 539. Interview for the purpose of appealin. - Every convict shall be allowed reasonable opportunities of personally interviewing his relatives, friends and legal advisers, for the purpose of preparing his appeal : Provided that every such interview shall be held within sight, but out of the hearing, of the jail official in whose charge the prisoner is placed for the purpose of such interview. ### 540. Prohibition against writing appeals without permissio. - No prisoner or officer of the jail shall prepare, write out or submit any appeal or petition on behalf of any prisoner, without the previous permission, in writing, of the Superintendent. ### 541. Appeal for a prisoner who has no friend or agen. (1) If a prisoner desires to appeal and declares that he has no relative, friend or agent who is willing to make an appeal for him, the Superintendent shall forthwith apply (Form No. 154) for a copy of the judgment or order relating to such prisoner from which he desires to appeal. (2) On receipt of the copy of the judgment or order, the prisoner shall, if he is able to write, be allowed to write his own appeal. If the prisoner is not able to write, the Superintendent shall cause his appeal to be written for him by another prisoner or by a jail official. (3) A prisoner or official deputed to write an appeal, shall do so at the appellant's dictation, and shall neither make any suggestions to the prisoner as to what should be stated, nor add anything to what the prisoner himself desires to have stated in the appeal. (4) The Superintendent shall forward the appeal, with a copy of the judgment or order appealed from, to the District Magistrate to be forwarded to the Appellate Court with the files of the case. (5) If after the receipt of the copy of the judgment or order, a relative, friend or agent of the prisoner undertakes to make the appeal on his behalf and the prisoner consents to that course, the copy of the judgment shall be delivered to such relative, friend or agent as the case may be. (6) The provisions of this rule shall, as far as may be, apply to petitions for revision or clemency and the like. Note 1. - The Superintendent is not justified in refusing to forward the appeal of any prisoner whether it is barred by limitation or not. Note 2. - An appeal made by the Superintendent on behalf of a prisoner should, before despatch, be read over to the appellant in the presence of the Superintendent, who shall, if the prisoner approves of the appeal, countersign the document and cause the official seal of the jail to be stamped thereon. [Note 3. - In cases other than summons cases convicted prisoners are entitled under section 371(1) Criminal Procedure Code to a copy of the judgment free of all fees. In summons cases no court-fees are payable on the copy of the judgment. Government have further approved the principle that if the person convicted in a summons case is in Jail he or his agent shall be allowed a copy of the Judgment free of copying fees. [Section 271 (1) Cr.P.C. paragraph 14 (d) of Punjab Government Notification No. 684-JL- 87/20738 dated 19.5.37.] If a prisoner's appeal fails and he desires to prefer to an application for revision, he is not entitled to get back, for the purpose of his revision application, the free copy supplied under these instructions.] [Note 4. - A prisoner sentenced by jirga is not entitled to appeal, but it is open to him to apply for revision to the Commissioner of the Division in which he was sentenced.] [C.C. letter No. 1978 of 16.1.1899. Section 21 (1) F.C. Reg.] Note 5. - Copies of judgments of the High Court in criminal cases, shall, on application made in this behalf by the convicted prisoner, be supplied free of costs - (a) in every case in which a sentence of death or transportation for life has been passed or confirmed by the High Court, and (b) in any other case if the High Court so directs. Registrar High Court of Punjab letter No. 2409-Genl. dated 24th March, 1950 and Punjab Government letter No. 8952-JJ-51/4971, dated 27th September, 1951. ### 542. When an appeal is not desired. - If any prisoner states that he does not desire to appeal, the fact shall be recorded on his history-ticket. ### 543. Prisoners not to be transferred pending appeal. - With the exception of such classes of prisoners for whom transfer orders are from time to time issued, convicts who have not completed their term of appeal without appealing or until their appeals have been disposed of should not ordinarily be transferred to another jail without the special sanction of the Inspector- General. ### 544. Appeals of prisoners transferred. - When any communication relating to the appeal of a prisoner, who has been transferred, is received, it shall be forwarded without delay by registered post to the Superintendent of the Jail in which the prisoner is confined after noting the same in Register No. 2 of the jail from which the prisoner has been transferred. ### 545. Reminders enquiring the result of appeal. - If the result of an appeal to the District Magistrate or Sessions Judge is not communicated within one month, or in the case of an appeal to the High Court, within three months of the date on which such appeal was submitted, the Superintendent shall send a reminder to the Court concerned and repeat the enquiry at reasonable intervals until it is. The result of an appeal shall, when received, be communicated to the prisoner concerned and entered in his history-ticket and Admission Register. ### 546. Procedure when a Court directs the retrial of a prisoner. - If an Appellate Court directs that a prisoner be re-tried and a warrant for his release on bail or for his custody pending trial is not at the same time received, the prisoner shall, unless he has a sentence on another warrant to undergo, be remanded to the ward for unconvicted prisoners and the Superintendent shall apply to the Court for a warrant for his custody pending trial. ### 547. Petition for clemency. - Every prisoner shall be at liberty to petition the Government for clemency, and shall, should he so desire, be accorded reasonable facilities for preparing and submitting such a petition. "Except in the case of petitions against the execution of sentences of death, all such petitions must be accompanied by copies of the judgments of the Court of conviction and of any superior court which may have dealt with the case on appeal or revision, to be supplied by the petitioners themselves." Duties of Superintendents of Jails ### 548. Government of India letter No. F.-407/32-Judl., dated 4th September, 1933. - The following are the rules relating to the duties of Superintendents of Jails in connection with petitions for mercy from convicts under sentence of death :- (a) Rules framed by the Government of India. I - Immediately on receipt of a warrant for execution consequent on the confirmation by the High Court of a sentence of death, Jail Superintendent shall inform the convict concerned that if he desires to submit a petition for mercy, it should be submitted in writing within seven days of the date of such intimation. II - P.G. letter No. 34119, dated 26th December 1933 (vide note 1). - If the convict submits a petition within the period of seven days prescribed by Rule 1 it should be addressed both to the local Government and to the Governor- General in Council, and the Superintendent of Jail shall forthwith despatch it, in duplicate, to the Secretary to the local Government in the Department concerned, together with a covering letter reporting the date fixed for the execution and shall certify that the execution has been stayed pending receipt of the orders of the Governor in Council and the Governor-General in Council on the petition. If no reply is received within 15 days from the date of the despatch of the petition, the Superintendent shall telegraph to the Secretary to the Local Government drawing attention to the fact but he shall in no case carry out the execution before the receipt of Local Government's reply. III - If the convict submits a petition after the period prescribed by Rule 1, the Superintendent of the Jail shall at once forward it to the local Government and at the same time telegraph the substance of it, requesting orders whether the execution should be postponed and stating, that pending a reply, the sentence will not be carried out. If such petition is, however, received by the Superintendent later than noon on the day preceding that fixed for the execution, he shall at once forward it to the local Government and at the same time telegraph the substance of it, giving the date of execution and stating that the sentence will be carried out unless orders to the contrary are received. IV - If the convict submits a petition for mercy addressed to His Majesty the King Emperor or the Secretary of State, the Superintendent shall at once forward it to the local Government and shall at the same time telegraph the substance of the petition and the date of execution to the local Government. He shall no further postpone execution unless specially ordered by the local Government. V - In the event of its coming to the knowledge of the Superintendent at any time before the execution of the sentence that altogether exceptional circumstances have arisen which plainly demand a reconsideration of the sentence, he is at liberty, notwithstanding anything in the foregoing rules, to report the circumstances by telegraph to the local Government and ask for its orders and to defer execution till they are received. VI - The Superintendent shall at once report back to the Home Secretary to the Punjab Government all telegrams communicating orders to him regarding petitions for mercy, by way of acknowledgement of their receipt. (b) Instructions issued by the Punjab Government. VII - P.G. letter No. 34119, dated 26th December, 1933 (vide note 1) - When acknowledging the orders of the Governor in Council and the intimation that the petition has been forwarded for the orders of the Government of India, the Superintendent shall certify that the execution remains stayed pending the orders of the Governor-General in Council. VIII - P.G. No. 10382-Judicial, dated 31st March, 1926. - In the event of final orders from the local Government to carry out execution being received after the date fixed for execution by the Sessions Judge, the Superintendent shall appoint a day for execution not more than a week later than the date on which such orders actually reach him so as to permit of the usual antecedent formalities, e.g., summoning of relatives and friends to bid farewell, the making of a will, etc., being observed in due order and without precipitation. The date so fixed should be intimated to Government when acknowledging the orders of execution. IX - P.G. No. 30274-Judicial, dated 17th October, 1926 - When final orders are received by a Superintendent of a Jail from Government by telegram to carry out execution on the date fixed by the Sessions Judge, the Superintendent of the Jail should comply without waiting for postal confirmation, provided such date has not elapsed at the time he receives final orders. If this has expired the Superintendent should be governed by Rule VII above. [X - On the morning of any execution, the Superintendent of the Jail shall before proceeding to the cell of the condemned prisoner enter his office and assure himself that there is no communication awaiting him connected with the execution. - (vide note 3)] [Punjab Government letter No. 129 Judl. D.C. dated 22nd January, 1934.] Note - The procedure laid down for opening dak in Jail offices is indicated in Punjab Government letter No. 34119, dated 26th December, 1933 (vide note 1 at end of paragraph) XI - Every petition in vernacular should be accompanied by a carefully prepared translation which, to ensure its accuracy, should be examined by the Superintendent while the vernacular papers are being read out to him. The document should then be attested by the Superintendent and forwarded without delay by "Registered" Post in a Pink coloured envelope inscribed "Death Case - Immediate," standardised for use in all jails. XII - Procedure for the communication of orders to stay execution to the Lahore Central Jail when Government is at Lahore. - When the Punjab Government is in Lahore, orders to stay execution of condemned prisoners in the Lahore Central Jail shall be conveyed over the telephone to the Jail if these orders cannot be issued before noon on the day preceding the execution. An immediate acknowledgement shall be required and this shall be in the form of a letter addressed to the Home Secretary to the effect that the order has been received and acted upon. The Superintendent (or in his absence the Deputy Superintendent) of the Jail will, unless otherwise directed at the time of telephoning, send this acknowledegement to the Secretariat during office hours, or to the Resident Clerk out of office hours. XIII - Special Station Dak Book. - A special station dak book shall be kept for all letters sent to the Superintendent, Central Jail, Lahore, in connection with condemned prisoners. The receipt of such letter shall be acknowledged in the dak book over the signature either of the Superintendent himself or in his absence from the jail of the Deputy Superintendent or in his absence the Senior Assistant Superintendent on duty. These officers shall append their designation beneath their signature, and note the time of receipt of letters. Note 1. - Copy of a letter No. 34119, dated Lahore, the 26th December, 1933, from the Home Secretary to Government, Punjab, to the Inspector General of Prisons, Punjab. I AM directed to request that orders to the following effect are issued immediately to the Superintendents of all Jails in the province and that their attention is drawn to the absolute necessity for a very strict adherence to the rules governing the procedure to be followed in regard to petitions from convicts under sentence of death. ### 2. The Governor in Council has noticed that the certificate required under Rule II of section I of the Rules for dealing with these petitions is sometimes incorrectly worded. In forwarding a mercy petition the Superintendent should certify that the execution has been stayed pending the orders of the Governor in Council and the Governor-General in Council and not as is sometimes done, merely pending the orders of the local Government. Further when acknowledging the orders of the Governor in Council and the intimation that the petition has been forwarded for the orders of the Government of India, the Superintendent should certify that the execution remains stayed pending the orders of the Governor-General in Council. ### 3. The system under which letters of any kind are allowed to lie in the jail offices for a whole day without being opened must be changed immediately. All such letters should be placed before the Superintendent before he leaves office and any which arrive after his departure should be opened before the Deputy Superintendent or an Assistant Superintendent detailed for this duty. Further all telegrams and all letters marked immediate or urgent or addressed to the Superintendent by name or received by registered post must be placed at once before the Superintendent. There must also be another official designated by name who will be responsible for receiving and opening such communications at any time of the day or night in cases when the Superintendent of the Jail is not available, whether because of sickness or leave or absence from the jail for any other cause. ### 4. All letters acknowledging the receipt of orders of Government in death cases must be signed by the Superintendent or the Deputy Superintendent of the Jail. Note 2. - Copy of letters No. 25821-Judl, dated Lahore, the 13th July, 1932, from the Home Secretary to Government, Punjab, to all Superintendents of Control and District Jail in the Punjab and Delhi. I AM directed to say that the Governor in Council has decided that in the interest of economy the orders of the Governor in Council rejecting the petitions for mercy from condemned prisoners will be communicated to you in an express letter and should be promptly acknowledged by you by post. The orders of the Governor-General in Council declining to interfere and ordering the carrying out of the execution will continue to be conveyed as at present by telegram and should be repeated by you by wire. ### 2. The orders of commutation of death sentence and postponement of execution will also be communicated to you by telegraph and should be acknowledged by you by telegram as at present. Note 3. - Copy of a letter No. 129 Judl/D.C, dated Lahore, the 22nd January, 1934, from the Home Secretary to Government, Punjab, to the Secretary to the Government of India, Home Department, New Delhi. I AM directed to refer to paragraph 3 of Mr. Sloan's letter No. F-1117/33 Judicial, dated the 13th January, 1934, to the address of all local Governments and to say that all District Magistrates in the Punjab have been ordered to inform immediately the Bar Associations in their districts that intimations addressed to His Excellency the Viceroy or to any officer of the Government of India, of an intention to appeal to the Judicial Committee of the Privy Council on behalf of a convict under sentence of death will in future be ignored. The Honourable Judges of the High Court have also been asked to bring this order to the notice of the High Court Bar Association and all Sessions Judges. The order has been communicated to Superintendents of all Jails in the Province through the Inspector-General of Prisons. The Governor in Council suggests that the order should be enforced with effect from the Ist February, 1934. ### 2. Instructions have also been communicated to all these officers and Bar Associations that the proper authority to be addressed in this behalf is the Home Secretary to the local Government. The Governor in Council agrees that rule X (a) of the rules forwarded with the Government of India (Home Department) letter No. F-497/32 Judl., dated the 4th September, 1933, should contain a direction that intimation of an intention to appeal to the Judicial Committee should be addressed to the local Government or to an officer designated by them, who in the case of this Government will be the Home Secretary. ### 3. With reference to paragraph 2 of Mr. Sloan's letters to my address No. F- 1117/33 Judicial, dated the 13th January, 1934, I am to say that the following orders have already been issued to the Superintendents of all jails in the Province:- (a) The system under which letters of any kind are allowed to lie in a jail office for a whole day without being opened must be changed immediately. All such letters should be placed before the Superintendent before he leaves office and any which arrive after his departure should be opened before the Deputy Superintendent or an Assistant Superintendent detailed for this duty. Further, all telegrams and all letters marked immediate or urgent or addressed to the Superintendent by name or received by registered post must be placed at once before the Superintendent. There must also be in each jail an official designated by name who will be responsible for receiving and opening such communications at any time of the day or night in cases when the Superintendent of the Jail is not available, whether because of sickness or leave or absence from the jail for any other cause; and (b) On the morning of any execution, the Superintendent of the Jail shall before proceeding to the cell of the condemned prisoner enter his office and assure himself that there is no communication awaiting him connected with the execution. Note 4. - Copy of a letter No. 82, dated Lahore, the 22nd January, 1934, from the Home Secretary to Government, Punjab, to the Inspector General of Prisons, Punjab. I AM directed to request that orders be issued to all jails that when acknowledging any order of Government postponing an execution the Superintendent of the Jail shall state in his acknowledging letter that the execution has been postponed pending the further orders of Government. Note 5. - Copy of a letter No. 17 Judl./D.C., dated Lahore, the 4th January, 1934, from the Home Secretary to Government, Punjab, to the Inspector-General of Prisons, Punjab. I AM directed to request that during the course of inspections either by you or the Deputy Inspector-General of Prisons particular attention should be devoted to the perfection of all arrangements connected with the receipt or issue of communications dealing with death cases. Note 6. - For further instructions the pamphlet published and supplied to the Superintendents of all jails by Government and containing the rules for dealing with petitions from convicts under sentence of death, should be referred to Dated 31st August, 1934. (b) Interviews and Communications A - General Rules ### 549. [ General Rules for the grant of interviews and communications. [P.G.No. 11955- Jails, dated 6.4.22. See Note to para 560.] (1) Every newly convicted prisoner shall be allowed reasonable facilities for seeing or communicating with his relatives of friends with a view to the preparation of an appeal or to the procuring of bail, and shall also be allowed to have interviews or write letters to his friends once or twice, or often if the Superintendent considers it necessary, to enable him to arrange for the management of his property or other family affairs.] (2) [ Every prisoner committed to prison in default of payment of a fine or of finding security under Chapter VIII of the Code of Criminal Procedure shall be allowed to communicate by letter and to have interviews at any reasonable time with his relations or friends for the purpose of arranging for the payment of the fine or the furnishing of security.] [P.G.No. 11955 - Jails, dated 6.4.22. See Note to para 560.] (3) [ Every prisoner under sentence of transportation and about to be transported shall be allowed to have one or more interviews with his relatives and friends before transfer from the jail to which he was committed when sentenced.] [P.G.No. 11955 - Jails, dated 6.4.22. See Note to para 560.] (4) [ Every prisoner under sentence of death shall be allowed such interviews and other communications with his relatives, friends and legal advisers as the Superintendent thinks reasonable.] [P.G.No. 11955 - Jails, dated 6.4.22. See Note to para 560.] ### 550. [ Rules for grant of interviews and communication to and by convict. [P.G.No. 11955 - Jails, dated 6.4.22. See Note to para 560.] - In addition to the privileges granted in paragraph 549, every convicted prisoner shall be allowed to have an interview with his relatives or friends and to write a letter once a week during the term of his imprisonment :] Provided that the exercise of this privilege shall be contingent on good conduct and may be withdrawn or postponed by the Superintendent for bad conduct. There will be no restriction on the number of letters a prisoner may receive. Note (i) - A letter merely arranging an interview shall not be counted for the purpose of this rule. Note (ii) - A prisoner may, with the permission of the Superintendent, substitute a letter for an interview, or vice versa. Note (iii) - Prisoners shall be allowed to send a special letter notifying their relations of their transfer from one jail to another. ### 550A. Cancelled. ### 551. Exception to General Rule. - The Superintendent may at his discretion grant interviews or allow the despatch or receipt of letters at shorter intervals than provided in paragraph 550 or in spite of the prisoner's misconduct if he considers that special or urgent grounds exist for such concession, as, for example, in the event of the prisoner being seriously ill or on the occurrence of the death of a near relative or if the friends, or relatives have come from a distance to see the prisoner and it would inflict an undue hardship on them to refuse an interview, or if the prisoner is nearing release and wishes to secure employment, or for other sufficient cause. Matters of importance, such as the death of a relative, may also be communicated at any time by the friends of a prisoner to the Superintendent who will, if he thinks it expedient, inform the prisoner of the substance of the communication. ### 551A. No interview or communication to take place without sanction of Superintendent. - No convicted prisoner shall be allowed to have an interview or to receive or write a letter except with the permission of the Superintendent, which shall be recorded in writing. ### 551B. [ Grant of permission to convicted prisoner to see friends and write letters contingent on passing twelve months free from punishment. [P.G. No. 29332-Jails, dated 7.10.26. See note to para, 560.] - Convicted prisoners may be permitted by the Superintendent to see their friends and exchange letters at intervals of 1-1/2 months, if and when they have passed 12 months free from punishment; this concession to be valid for the ensuing 12 months.] ### 552. Application for interview to be oral or in writing. - Applications for interviews with prisoners may be oral or in writing at the discretion of the Superintendent. If the prisoner is not entitled to an interview, the applicant shall be informed at once. ### 552A. Persons granted an interview may be searched. - Every person desiring to hold an interview with any prisoner shall, before such interview is allowed to take place or he is allowed to enter the jail, is called upon by the Deputy Superintendent so to do, give his name and address and submit to be searched; Provided that no such search shall be made in the presence of any prisoner or person other than the proper officers of the jail, and, in the case of a female visitor, that such search shall be conducted by the matron or a female warder. If the visitor refuses to submit to be searched or to give his name or address, he shall not be permitted to enter the jail or to interview any prisoner. ### 552B. Search of visitors. (1) The Deputy Superintendent may demand the name and address of any visitor to a prisoner, and, when the Deputy Superintendent has any ground for suspicion, may search any visitor, or cause him to be searched but the search shall not be made in the presence of any prisoner or of another visitor. (2) In case of any such visitor refusing to permit himself to be searched, the Deputy Superintendent may deny him admission, and the grounds of such proceeding, with the particulars thereof, shall be entered in such record as the Local Government may direct. Note. - The record required by clause (2) shall be made in the Deputy Superintendent's journal. ### 553. Time and days of interview. - The Superintendent shall fix the days and hours at which all interviews shall be allowed and no interviews shall be allowed at any other time except with the special permission of the Superintendent. A notice of the hours of interviews shall be posted outside the jail. ### 553A. Places of interview. - Every interview shall take place in a special part of the jail appointed for the purpose, if possible at or near the main gate. Provided that interviews with female prisoners shall, if practicable, take place in the female enclosure. Provided also that if a prisoner is seriously ill, the Superintendent may permit the interview to take place in the hospital, and a condemned prisoner shall ordinarily be interviewed in his cell. Provided further that Superintendent may, for special reasons to be recorded in writing permit an interview to take place in any part of the jail. ### 554. Interview to take place in the presence of a jail officer. - Every interview with a convicted prisoner shall take place in the presence of a jail officer, who shall be responsible that no irregularity occurs, and who shall be so placed as to be able to see and hear what passes and to prevent any article being passed between the parties. ### 554A. Termination of interview. - Any interview may be terminated at any moment if the officer present considers that sufficient cause exists. In every such case the reason for terminating the interview shall be reported at once for the orders of the senior officer present in the jail. ### 555. Duration of interview. - The time allowed for an interview shall not ordinarily exceed 20 minutes, but may be extended by the Superintendent at his discretion. ### 555A. Search of prisoner before and after interview. - Every convicted prisoner and every unconvicted criminal prisoner shall be carefully searched before and after an interview. ### 556. Procedure as to the delivery of letters. - No letter shall be delivered to or sent by a convicted prisoner until it has been examined by the Superintendent or by the Deputy Superintendent or other officer under the Superintendent's orders, but no unnecessary delay should be allowed to occur in delivery or despatch. If a letter is written in a language unknown to the Superintendent, he shall take steps to procure a translation before forwarding the letter. No letter written in cipher shall be allowed. The Superintendent may withhold any letter which seems to him to be in any way improper or objectionable, or may erase any improper or objectionable passages. ### 556A. Detention or return of letters received for prisoners. - If a letter is addressed to a prisoner who is not entitled under the rules to receive it, it may unless the Superintendent determines to communicate it under paragraph 551, be withheld and kept in the Superintendent's custody until the prisoner is entitled to receive it or is released, when it shall be delivered to him, unless it is improper or objectionable; or it may be returned to the sender with an intimation that the prisoner is not entitled to receive it. ### 557. Custody of letters received by prisoner. - A convict may retain any letter which has been delivered to him with due authority unless the Superintendent otherwise directs, or may ask that it be kept for him. ### 557A. Provision of writing materia. (1) Writing material including service postcards and service stamps shall be supplied to convicts, undertrials and civil prisoners on the following scale :- \| \| \| \| --- \| --- \| \| (i) Better class convicted criminal prisoners \| One service stamp once a month. \| \| (ii) Other convicts \| One service postcard once a month, \| \| (iii) Better class unconvicted criminal prisoners \| One service stamp once a fortnight. \| \| (iv) Other unconvicted criminal prisoners and civil prisoners \| One service postcard once a fortnight. \| (2) Expenses of postage for additional letters, permissible under the rules shall be borne by the prisoners themselves. (3) All letters shall be written at such time and place as the Superintendent may appoint. Fixed days of the week preferably Sunday and Thursday shall be set apart for letter writing. ### 558. Superintendent may refuse any interview. - A Superintendent may refuse to allow any interview to which a prisoner would ordinarily be entitled under these rules, but in every such case, if in his opinion, it is inexpedient in the public interests to allow any particular person to interview a prisoner or if other sufficient cause exists, he shall record his reasons for such refusal in his journal. ### 558A. Abuse of privilege of holding interview. - Any prisoner who abuses any privilege relating to the holding of an interview or the writing of letters or other communication with any person outside the jail shall be liable to be excluded from such privileges for such time and may be subjected to such further restrictions as the Superintendent may direct. B - Special rules relating to undertrial and civil prisoners. Section 40, Act IX, 1894 ### 559. Visits to civil and unconvicted criminal prisoners. - Due provision shall be made for the admission, at proper times and under proper restrictions, into every prison of persons with whom civil or unconvicted criminal prisoners may desire to communicate, care being taken that, so far as may be consistent with the interests of justice, prisoners undertrial may see their duly qualified legal advisers without the presence of any other person. ### 559A. Interview and communications of civil and unconvicted prisoners. - Unconvicted criminal and civil prisoners shall be granted facilities for writing two letters and two interviews each week with their relatives or friends : Provided that all reasonable facilities shall be granted at proper time and under proper restrictions for interviewing or otherwise communicating either orally or in writing with their legal advisers. The exercise of the privilege shall be contingent on good conduct and may be withdrawn or postponed by the Superintendent for bad conduct. ### 560. Interviews of unconvicted prisoners with legal advisers.. - Every interview between an unconvicted prisoner and his legal adviser shall take place within sight, but out of hearing, of a jail official. A similar concession may be allowed by the Superintendent in the case of an interview with any near relative of the unconvicted prisoner. [Note. - The term "friend or relative" as applied to a prospective interviewer of prisoners and as occurring in paragraphs 549 to 560 supra is to be literally and strictly interpreted, that is to say, no one should be allowed an interview with a prisoner who is not entitled under the rules to interview, unless he can submit proof of a personal and intimate acquaintance or of near relationship. In the case of a relative, the nature of relationship should be ascertained.] [P.G. No. 31530 (H.-Jails), dated 3.12.1927.] ### 560A. Application from Legal Advisers for interview of unconvicted prisoner. - When any person desires an interview with an unconvicted criminal prisoner in the capacity of the prisoner's legal adviser he shall apply in writing, giving his name and address and stating to what branch of the legal profession he belongs and he must satisfy the Superintendent that he is the bona fide legal adviser of the prisoner with whom he seeks an interview and that he has legitimate business with him. ### 561. Confidential letters of unconvicted prisoners. - Any bona fide confidential written communication prepared by an unconvicted criminal prisoner as instructions to his legal adviser may be delivered personally to such legal adviser without being previously examined by the Superintendent. For the purpose of this rule the term legal adviser means a legal practitioner within the meaning of Act XVIII of 1879. ### 562. Time of interview of civil prisoners. - Civil prisoners may see their friends and relations at such times and under such restrictions as the Superintendent may appoint and the presence of the jail officer shall not be necessary. ### 563. Conditions under which a Christian minister may be admitted. - On the application of a Christian prisoner, a known Christian minister, of the denomination to which the prisoner belongs, as declared by him on his admission to jail, shall be admitted to the jail for religious ministration only, on any of the following days, namely :- Christmas Day, Good Friday and Sundays : Provided that - (a) the Superintendent may, in his discretion, refuse to admit any minister whose admission to the jail he considers, for any sufficient reason, to be inconsistent with the maintenance of discipline therein; (b) no such Christian minister shall be permitted to have access to any non-Christian prisoner: nor to any Christian prisoner of a different religious persuasion to himself, unless at the voluntarily expressed desire of such prisoner; and (c) the religious ministration shall be subject to such conditions as to time, place, duration and the like, as the Superintendent may at any time deem fit to prescribe. ### 564. Visit of a Christian minister to a sick or condemned prisoner. (1) A Christian minister may be allowed to visit a Christian prisoner on any day other than on any of the days specified in the preceding rule, if such prisoner is dangerously ill or is under sentence of death and desires to see such minister, but not otherwise. (Part II, Rule 267). (2) On such desire being expressed, the Superintendent shall, if possible, arrange for a Christian minister to visit the prisoner. Chapter XVII Classification and Separation of Prisoners ------------------------------------------------------------ (a) Classification of Prisoners ### 565. The classification of prisoners for purposes of separation. - The prisoners for the time being confined in every jail, shall, for purposes of separation, as far as may be, be classified as follows, namely - Note 1. - Female will be classified in the same manner as is provided in the case of males. Note 2. - Unconvicted criminal prisoners and civil prisoners, respectively, will be sub-divided according to sex, nationality and whether casual or habitual. (b) Separation of Prisoners ### 566. Accommodation for prisoners. - The Local Government shall provide, for the prisoners in the territories under such Government, accommodation in prisons constructed and regulated in such manner as to comply with the requisition of this Act in respect of the separation of prisoners. ### 567. Separation required by Act IX of 1894. - The requisition of the Prisons Act with respect to the separation of prisoners are as follows :- (1) in a prison containing female as well as male prisoners, the females shall be imprisoned in separate buildings, or separate parts of the same building, in such manner as to prevent their seeing, or conversing or holding any intercourse with, the male prisoners; (2) in a prison where male prisoners under the age of eighteen are confined, means shall be provided for separating them altogether from the other prisoners and for separating those of them who have arrived at the age of puberty from those who have not; (3) unconvicted criminal prisoners shall be kept apart from convicted criminal prisoners; and (4) civil prisoners shall be kept apart from criminal prisoners. ### 568. Separation required by rule made under Act IX of 1894. - In addition to the provisions, as to the separation of prisoners, of section 27 of the Prisons Act, 1894, and subject to the provisions of the rule next following, the further provisions, as to the separation of prisoners, hereinafter specified, shall, to the extent to which they can, in each jail, be observed be carried into effect, namely :- (a) unconvicted criminal prisoners who have been committed for trial by the Court of Session shall be kept separate from unconvicted criminal prisoners who have not been so committed and those who have been previously convicted shall be kept separate from those who have not been previously convicted; (b) convicts of the casual class shall be kept separate from convicts of the habitual class; (c) convicts who have been sentenced to simple imprisonment only shall be kept separate from convicts who have been sentenced to rigorous imprisonment; (d) convicts who are under twenty-one years of age shall be kept separate from convicts who are more than twenty-one years of age; (e) cancelled; and (f) civil prisoners who are confined under the orders of any authority other than a judicial tribunal shall be kept separate from prisoners who are confined under process of a Civil or Revenue Court or authority. (g) A prisoner sentenced under section 2 of the Frontier Murderous Outrages Regulation No. IV of 1901, shall be kept in separate confinement as defined in the explanation to clause 8 of section 46 of the Prisons Act, IX of 1894, and shall, unless he was under the age of 15 years at the time of his conviction, be so kept for the whole period of his sentence. [Note - Every habitual criminal shall as far as possible be confined in a special jail in which no prisoner other than habitual criminals shall be kept.] [G.I. No. F-111-Jails, dated 15.9.22.] [Provided that the Inspector-General of Prisons may transfer to this special jail any prisoner, not being a habitual criminal, whom for reasons to be recorded in writing, he believes to be of so vicious or depraved a character and to exercise, or to be likely to exercise so evil an influence on his fellow prisoners that he ought not to be confined with other non-habitual prisoners, but a prisoner so transferred shall not otherwise be subject to the special rules affecting habitual criminals.] [P.G. No. 28667 (H. Jails), dated 16.11.22.] ### 569. Exception to the Rule regarding separation. - When, in any jail, only one prisoner exists in any class and separation would amount to solitary confinement, such prisoner may, if he so desires, be permitted to associate with prisoners of another class : Provided that the class with which such prisoner is permitted to associate shall be determined by the Superintendent and that the provisions of section 27 of the Prisons Act, 1894, are not in any case infringed by the permission so accorded. ### 569A. [ [P.G. No. 2535-Jails, dated 22.1.31.] Unconvicted criminal prisoners may be confined separately in cells when in the opinion of the Superintendent of the Jail in which they are confined it is necessary in the interests of jail discipline to do so, or under the orders of the Inspector-General of Prisons or of the Local Government.] ### 570. Association and segregation of prisoners. - Subject to the requirements of paragraph 567, convicted criminal prisoners may be confined either in association or individually in cells or partly in one way and partly in the other. ### 571. Convicts to be separated. - All convicts shall, so far as the requirements of labour and the cell accommodation of the jail will allow, be kept separate both by day and by night. ### 572. Occupation of vacant cells. - If, in any jail, at any time, all the cells are not in use for purposes of punishment or otherwise, the vacant cells shall, subject to the following conditions, be occupied by convicts for purposes connected with the separation of prisoners under these rules : (a) If there are juveniles in the jail, and there are not sufficient means for separating them by night in the juvenile ward, the cells shall, in preference to any other class of prisoners, be occupied by juveniles for this purpose. (b) Such convicts sentenced under section 366, as have been found guilty of kidnapping or abducting for purpose of prostitution and all convicts sentenced under sections 376 and 377 of the Indian Penal Code shall, in preference to prisoners other than juveniles, be placed in cells both by day and night. (c) Convicts of the habitual class shall be placed in cells both by day and night in preference to convicts of the casual class. ### 573. Separation of habitual. - Convicts of the habitual class shall be subjected to the system of separation prescribed in the preceding rules, in rotation. ### 574. Separation of casuals. - If, at any time, there are more cells in jail than suffice for the separation of all convicts of habitual class, prisoners of the casual class shall be confined in cells, both by day and night, in rotation. ### 575. Procedure when separation by day is not feasible. - A convict who would ordinarily come under the operation of any of the preceding rules relating to the separation of prisoners, but cannot be confined in a cell by day, by reason that he is required for some jail service, shall be confined in a cell by night. Note 1. - Separation under paragraphs 571 to 575 is distinct from ``cellular'' confinement and ``separate'' confinement inflicted as a punishment under section 46 of the Prisons Act, and is restricted merely to the separation of individual prisoners either by day or night for purposes of jail management; such separation is not to have any irksome conditions attached to it. Note 2. - Paragraphs 571 to 575 are of general application. If, in the opinion of the Superintendent, the presence of any convict in association with others, is detrimental to good order and discipline or is likely to encourage or lead to the commission of any offence, such convict should be kept separate, in preference to others of his class. ### 576. Separation to be as complete as possible. - Subject to the provisions of paragraph 569, the separation of the various classes of prisoners shall be carried out both by day and by night to the fullest extent the means available admit. If there are not a sufficient number of latrines, feeding and bathing platforms to keep the classes completely apart at parades, such arrangements for separation as are under the circumstances practicable, should be made. Note :- The fact of a prisoner being P.R. or EP.R./T. shall make no difference in his classification or treatment while in jail. (c) Rules Framed By The Local Government Under Section 60 of The Prisons Act, 1894 To Regulate The Classification and Treatment of Convicted and Undertrial Prisoners Section I Rules For The Classification of Convicted and Under-trial Prisoners ### 576A. [ [P.G. No. 8917, H.Jails, dated 16.3.31.] (1) Convicted persons shall be divided into three classes, namely, A, B, and C. Class `A' will contain all prisoners who are -] (a) non-habitual prisoners of good character, (b) by social status, education and habit of life been accustomed to a superior mode of living, and (c) have not been convicted of - (i) offences involving elements of cruelty, moral degradation or personal greed; (ii) serious or premeditated violence; (iii) serious offences against property; (iv) offences relating to the possession of explosives, firearms and other dangerous weapons with the object of committing an offence or of enabling an offence to be committed; (v) abetment or incitement of offences falling within these sub- clauses. (2) Class `B' will consist of prisoners who by social status, education or habit of the life have been accustomed to a superior mode of living. Habitual prisoners may be included in this class by order of the [Inspector-General of Prisons.] [Words `Inspector General of Prisons' substituted for the words `Local Government by Punjab Government' Notification No. G/SR/CA9/1894 dated 30.9.65.] (3) Class `C' will consist of prisoners who are not classified in classes A and B. ### 2. [ In the case of classes A and B, the classifying authority will be the State Government and the Inspector-General of Prisons respectively. Class C will be classified by the trying courts but such a prisoner will have a right to apply for revision of classification. Petitions for revision will have to be forwarded by the Superintendent of the Jail to the Inspector-General of Prisons who will pass final order in the case of Class B and will obtain orders of the State Government in the case of Class `A'.] [Substituted by Punjab Government Notification No. G/SR/CA9/1894 dated 30.9.1965.] ### 3. [ All Courts recommending the classification of a prisoner within Class A or Class B will make a recommendation to that effect, attaching to the record, their recommendation, with their reasons for it, on a separate paper. All courts subordinate to the District Magistrate will forward their recommendation with the records to the District Magistrate. The District Magistrate and Session Judge will forward a recommendation with a copy of the judgment and classifying orders to the concerned classifying authority who will then communicate the final orders direct to the District Magistrate or Sessions Judge, as the case may be and send a copy of the order to the concerned Jail Officer for the information and compliance. In case convicting courts omit to classify convicted prisoners for better class treatment, the Superintendents of Jails may subject to the approval of Inspector-General of Prisons, Punjab classify them as Class B prisoners provided that such prisoners appear to fulfil the condition prescribed for better class prisoners.] [Substituted by Punjab Government Notification No. GSR/CA.9/1894/dated 30.9.1965.] [3-A. In case of prisoners convicted by general summary general and district courts martial, the confirming authority, and in cases of persons convicted by the summary courts martial, the court will recommend to the [Classifying Authority] [Added by Punjab Government Notification No. 10075-IJL-64/38796 dated 26.11.1964.] , classification that should be given to such prisoners while undergoing their sentence in civil prisons. Such recommendation shall also be embodied in the warrants of commitment of the prisoners and till the order of the [Classifying Authority] [Substituted for the words 'State Government' by Punjab Government Notification No. GSR/CA9/1894 dated 30.9.1965.] confirming or reviewing such recommendation are received by the Superintendent of the Prison, the prisoner shall tentatively be treated as belonging to the class recommended by the confirming authority or the court, as the case may be.] ### 4. In making a recommendation for classification into either class, the recommending authority should whenever possible give the following details:- (1) whether the prisoner has been classified as casual or habitual, (2) the previous convictions of the prisoner, if any, (3) the offence committed with the sentence inflicted, (4) the social and financial status of the family. A useful indication is a reference to the social position of any near relatives, such as the holding of a post in Government service or following a learned profession or payment of land revenue or income-tax or other taxes, (5) the profession of the prisoner, (6) the income of the prisoner if he has any independently of that stated in (4), and, (7) the educational qualifications of the prisoner, including examinations, if any, which he has passed, if the recommending authority is of opinion that the statements of the prisoner on these points require verification it should make further inquiries from the District Magistrate or any other source, and it may either defer making the recommendation until it has received the information asked for or may make the recommendation on the materials available and state that the result of further inquiries will be submitted when received. ### 5. In cases in which there is disagreement between the convicting court and the District Magistrate as to the classification of any prisoner, the District Magistrate shall decide the class in which a convicted prisoner shall be kept, pending the receipt of the orders of the classifying Authority as to his final classification. Note. - These rules do not apply to prisoners under sentence of death. Section II Under-trial Prisoners ### 576B. [ [Amendment by Haryana Government Home (Jails) Department notification No. 1612-2JJ-75/7708 dated 14.3.1974.] Under-trial prisoners will be of two classes only, namely, (1) those who by social status, education or habit of life have been accustomed to a superior mode of living and (ii) other, that is to say, one class will correspond to class A and B of convicted prisoners, the other to class C. Before an under-trial prisoner is brought before a competent court, discretion is left to the officer in charge of Police Station. After he is brought before the court, he will be classified by that Court, subject to the revisional orders of the Chief Judicial Magistrate, if the order is passed by a Judicial Magistrate, the Sessions Judge if the order is passed by the Chief Judicial Magistrate, and the District Magistrate if the order is passed by an Executive Magistrate.] Section III Rules For Prisoners Admitted to Class A ### 576C. - 1. Accommodation - ``A'' class prisoners shall where such accommodation is available, be kept apart from other prisoners and be accommodated in cells or in association barracks specially set aside for them, provided that, except where this is imposed as a jail punishment, the imprisonment, shall in no case involve anything of the nature of separate confinement. ### 2. Furniture. - The same furniture shall be supplied to them as is supplied for class ``B'' prisoners, but they may supplement it by other articles within reasonable limits at their own costs. They will also be permitted to use their own electric table fans where facilities for these exist. ### 3. Bedding. - They shall be permitted to use their own bedding provided it is sterilized before it is brought into the jail. ### 4. Light. - They shall be allowed a lamp for reading up to 10 P.M. ### 5. Exercise. - They shall have such daily exercise in the open as the Medical Officer thinks proper for maintaining their bodily health. ### 6. Sanitary and bathing arrangements. - They shall be allowed reasonable facilities for bathing, latrines, etc., with due regard to the provision of privacy. The use of soap for cleansing their bodies and washing cleaning their clothes shall also be allowed on such scale as may be prescribed from time to time by the Local Government. The Superintendent of the Jail may, however, allow them the use of tooth brushes and tooth powder and such other toilet articles as may be necessary, for example, hair oil, hand-mirrors, combs, etc., within reasonable limits, provided such articles are provided by the prisoners themselves or their friends. ### 7. Hair cutting and shaving. - They shall be allowed to retain their hair and beards. The Jail Superintendent may allow them to shave once a day to use their own safety razors provided they are kept in the store and are not retained in possession of the prisoners. ### 8. Cooking arrangements. - Where there are several `A' class prisoners confined together, endeavour should be made to provide a separate cook house for them; where such prisoners are confined individually, they may be permitted to cook their own food subject to due safeguards and due performance of full task. The same eating utensils shall be supplied to them as are supplied to class `B' prisoners, and if they so desire they shall be allowed to use their own eating utensils. ### 9. Diet. - The same diet shall be supplied to them as is supplied to class ``B'' prisoners. Prisoners allowed to cook their own food may be supplied with raw rations on the prescribed scale. The diet may be supplemented with extra articles of food of a simple character, provided that the money for their purchase is deposited with the Jail Superintendent. Alcohol, intoxicating drugs and articles of luxury are not allowed. They may be allowed to smoke, at their own expense two cigarettes or four biries after every morning and evening meal parade. The cigarette or biries as the case may be, must, of course, be smoked then and there and not kept to be smoked afterwards. ### 10. Clothing. - They may be allowed to wear their own clothing if they wish, otherwise, they shall be provided with the clothing prescribed for class `B' prisoners. The wearing of political symbols such as the ``Gandhi cap'' and ``Black puggree'' are strictly prohibited. ### 11. Prison tasks. - The tasks shall be allotted with due regard to the capacity, character, previous mode of life and antecedents of the prisoners. ### 12. Facilities for reading. - They shall be subject to the same rules as regards reading as apply to class `B' prisoners, except that they may have six private books at a time instead of three and may also be allowed such daily newspapapers at their own costs as have been duly approved by Government. ### 13. Letters and interview. - They shall be allowed to write and receive one letter and have one interview weekly. On urgent occasions such as death or serious illness in a prisoner's family, this rule may be relaxed at the discretion of the Jail Superintendent. The number of persons who may visit a prisoner at any given time should be limited to two. The discussion of political questions shall not be allowed at these interviews. The subject- matter of all letters should be strictly limited to private affairs, and must not contain any reference to Jail Administration and discipline, other prisoners or politics. Publication of matters discussed at interviews or of the substance of letters receive from prisoners shall entail the withdrawal or curtailment of their privilege. ### 14. Menial duties. - They shall not be required to perform menial duties nor to pay for having such duties done for them. These duties will be discharged by jail servants who must not be used by prisoners of `B' class as their personal servants. ### 15. Use of handcuffs and fetters. - They shall not be handcuffed or fettered, except by way of punishment or to prevent possible escapes or attacks on any members of the jail staff. ### 16. Punishments. - They shall be subject to the general rules regarding punishments, except that whipping shall only be inflicted with the previous sanction of the Governor in Council. All penalties inflicted by the Jail Superintendent shall immediately be reported to the Inspector-General. In case of misbehaviour the Jail Superintendent may withdraw individual privileges, subject to the sanction of the Inspector-General when the period exceeds one month, but the power to remove a prisoner from this class vests in the Governor in Council only. ### 17. Discipline. - They shall at all times behave in an orderly way, but shall not be required to move in files nor sit in files at meals. They shall stand at attention in the presence of the Superintendent, Deputy Superintendent and Medical Officer and of all official and non-official Jails visitors. All loud talking, singing or quarrelling is prohibited, but out of working hours prisoners shall be permitted to converse quietly. In all other respects the prisoners shall be subject to the rules which apply to ordinary prisoners. ### 18. Transfers. - They shall be subject to the same rules as regards transfers as are applicable to class `B' prisoners. Section IV Rules For Prisoners Admitted to Class B ### 576D. [ [P.G. No. 8917-H-Jails dated 16.3.31.] ### 1. Accommodation. - The prisoners shall where such accommodation is available be accommodated in cells or in association barracks specially set aside for them.] They need not be kept separate from ordinarily prisoners in factories or, at times when they are not required to be in their cells or barracks. ### 2. (1) Furniture, etc. - Cells shall be supplied with :- one takht posh or bed-stead, charpoy or cot, of size 6-1/2 X 3 feet, one wooden stool, one wooden teapoy, one Hurricane lantern where there is no electric light, one shelf, cupboard or box, necessary washing and sanitary appliances. Note. - The prisoners will if they so desire be permitted to use their own electric table fans where facilities for these exist. (b) Association barracks shall be supplied with :- one berth or cot per prisoner, one large table with benches. sufficient lamps to enable reading at the table, necessary light, sanitary appliances, latrines, bathing sheds in the enclosure and an electric ceiling fan wherever possible. (2) Prisoners may also be supplied with mosquito nets if they ask for them and the Medical Officer certifies that it is necessary. Commodes shall also be supplied to those prisoners who are accustomed to their use and ask for them. (3) Regarding exercise, bathing, washing, use of latrines, etc., they shall be treated in the same way as `A' class prisoners, except that they may be provided at Government expense with one tooth brush every three months and one small tin of tooth powder every two months. They shall be allowed to retain their hair and beards and to get themselves shaved by the jail barber. ### 4. The following eating utensils shall be supplied to each prisoner :- One thali (metal) , two kauls (metal cups), one tumbler (metal) , one lota, one spoon. ### 5. Diet. - Superior diet shall be provided, the cost of which shall not exceed one Rupee & seventy five paise in accordance with the scales laid down by the Inspector-General so as to ensure an equally balanced ration. A copy of the scales adopted shall be made available to jail visitors. They may be allowed to smoke, at their own expenses, two cigarettes or four birries after every morning and evening meal parade. The cigarettes or biries must of course be smoked then and there and not kept to be smoked afterwards. ### 6. Clothing. - (a) The following clothing shall be supplied to male convicts:- During all seasons ### 2. dhoties (for night use). ### 2. puggrees (light Garha cloth) or two sealed pattern caps. ### 1. pair country shoes. ### 2. bed sheets (dasuti) . ### 1. Khaki cotton duree 6' X 3'. ### 2. pillow cases (dasuti) , to be filled with cotton or grass. ### 2. towels. ### 1. parna (dasuti) , 5 feet long. ### 2. kachhs (in the case of Sikhs only in place of two pairs of trousers, but if they wish to have trousers in addition to the Kachhs they may be supplied, provided that they meet the cost from their own pocket). During summer ### 1. kurtas (dasuti) long (full sleeves). ### 2. pyjamas (dasuti) or dhoties (Light cloth). ### 1. blanket. During winter ### 2. woollen coats with stand-up collars and full sleeves. ### 2. pairs woollen pyjamas. ### 2. flannel shirts. ### 2. cotton jangias (drawers) . ### 2. pairs woollen socks. ### 3. blankets. ### 1. mattress (dasuti) Tulai. (b) The following clothing should be supplied to female convicts :- During all seasons ### 2. cotton dhoties (night dress) 5-1/2 yards long. ### 2. sharies 5-1/2 or 6 yards for bigger individuals (made of light cotton cloth, i.e., jail-made garth) (dhoties and Sharies must be at least 44" wide). ### 1. pair of chapli (made at Borstal Institution, Lahore). ### 2. bed sheets. ### 2. pillow cases. ### 2. petticoats, cotton. During summer ### 4. cotton blouses or shirts. ### 6. napkins. ### 1. blanket. ### 4. cotton drawers. During winter ### 2. woollen blouses or shirts, 2-1/2 yards each (cloth to be the same, viz., flannel, as issued for shirt of B class male prisoners). ### 2. woollen banians. ### 2. pairs woollen socks. ### 6. napkins. ### 4. blankets or one quilt. ### 2. pairs cotton drawers. The length of the cotton chaddar and Dasuti coat for C class female convicts shall be 3 yards and one yard, respectively. Note 1. - All cotton materials and woollen cloth will be made by the jails. Note 2. - Soap on the following scale per week will be allowd to A and B class prisoners :- \| \| \| \| --- \| --- \| \| For the body and hair \| 1 oz. (1/2 chk.) but if the prisoner is put to labour on a particular dirty task 1-1/2 oz. (3/4 chk.) \| \| For clothes washing \| 2 Ozs. \| ### 7. Prison tasks. - Tasks shall be allotted with regard to the physique, character. Previous mode of life and antecedent of the prisoner. ### 8. Facilities for reading. - In addition to books from the Jail Library a prisoner may have up to three books or magazines at a time from private sources, provided that such books or magazines are not considered unsuitable by the Superintendent, who, if in doubt, shall consult the District Magistrate. Weekly newspapers in English or Vernacular shall be supplied from a list approved by the Government. These papers shall be examined by the Superintendent before issue to prisoners. ### 9. Light. - They shall be allowed a lamp for reading up to 10 p.m. ### 10. Letters and interviews. - They shall be allowed to write and receive one letter and have one interview weekly. On urgent occasions, such as death or serious illness in a prisoner's family, this rule may be relaxed at the discretion of the Superintendent. The number of persons who may visit a prisoner at any given time shall be limited to two. The discussion of political questions shall not be allowed and conversation shall be limited to private and domestic matters. Similarly the subject matter of all letters shall be limited to private affairs and must not contain any reference to Jail administration and discipline or to other prisoners or politics. Publication of matters discussed at interviews or of the substance of letters received from prisoners shall entail the withdrawal or curtailment of this privilege. ### 11. Menial duties. - They shall not be required to perform menial duties nor to pay for having such duties done for them. These duties will be discharged by Jail servants who must not be used by prisoners of the B class as their personal servants. ### 12. Use of handcuffs and fetters. - They shall not be handcuffed or fettered, except by way of punishment, or to prevent possible escapes or attacks on any member of the Jail staff. ### 13. Punishment. - They shall be subject to the general rules regarding punishments, except that whipping shall only be inflicted with the previous sanction of the Governor in Council. All penalties inflicted by the Jail Superintendent shall immediately be reported to the Inspector General. In cases of misbehaviour the Superintendent may withdraw individual privileges, subject to the sanction of the Inspector-General when the period exceeds one month, but the power to remove a prisoner from this class vests in the Governor in Council. ### 14. Discipline. - They shall at all times behave in an orderly way, but shall not be required to move in files or sit in files at meals. They shall stand at attention in the presence of the Superintendent, Deputy Superintendent, Assistant Superintendent, and Medical Officer and of all official and non-official Jail Visitors. All loud talking, singing or quarrelling is prohibited, but out working hours prisoners shall be permitted to converse quietly. In all other respects the prisoners shall be subject to the rules which apply to ordinary prisoners. ### 15. Transfers. - (a) Accommodation. - Normally third class railway accommodation shall be provided, but where suitable 3rd class carriages with proper sanitary arrangements are not available inter-class accommodation shall be allowed. Prisoners may be allowed to travel by a higher class than 3rd class at their own expense if they wish to do so in which case they will be required to pay the difference in fares both for themselves and for their escorts. They shall be conveyed by wheeled vehicle either motor or horse-drawn from the jail to the Railway Station and vice versa during such transfers. No prisoner shall be transferred from a jail in one district to a jail in another district by motor-car unless the previous consent of the Local Government has been obtained. (b) [ Diet - [See para 166.] they shall be paid subsistence allowance at the following rates on their transfer from one Jail to another provided the journey exceeds 18 hours :] (i) when the transfer is in the hilly areas - two rupees per head per day. (ii) [ when the transfer is in the plains - one rupees and seventy five paise per head per day.] [Substituted vide No. 20075-IJI/6438797 dated 26th November, 1964.] (c) Use of handcuffs. - Handcuffs shall only be used when necessary for requirements of safe custody. Section V Rules For The Treatment of Better Class Under- trial Prisoners ### 576E. [ [P.G. No. 8917-H-Jails), dated 16.3.31.] ### 1. Accommodation. - As far as possible they will be provided with accommodation superior to that provided for `C' class convicted prisoners.] ### 2. Diet. - They shall be allowed the same diet prescribed for `B' class prisoners, with a right to supplement it at their own expense provided the food so obtained is of a simple character and does not include alcohol, intoxicating drugs or articles of luxury. ### 3. Clothing. - Prisoners inadequately clad and who are unable to obtain clothing from outside will be provided with clothing distinguishable from `prison' clothing at Government expense. ### 4. Other concessions. - Subject to the discretion of the Jail Superintendent better class undertrial prisoners may be provided with ordinary furniture such as is allowed to `A' class prisoners. They will ordinarily be permitted to import books, magazines and newspapers subject to censorship by the Jail Superintendent, and allowed the use of a lamp up to 10 p.m. Their letters will be subjected to censorship in exactly the same way as those of ordinary under-trial prisoners. Chapter XVIII Discipline and Daily Routine ----------------------------------------------- ### 577. Removal from wards, lock-ups; strict discipline by day and night. (1) Prisoners, other than those who may at any time be lawfully confined in cells by day and night, shall be removed from their sleeping wards, cells and other compartments, as soon after day-break as possible, and shall be placed in their proper sleeping wards and locked up for the night, before sunset. (2) Prisoners shall be kept and shall remain under strict order, discipline and control both by day and night. ### 578. Movements how to be conducted. - All movements of prisoners shall be conducted in an orderly and regular manner, under strict control. ### 579. Power of Inspector-General to issue directions. - The Inspector- General may, in his discretion, from time to time, issue detailed direction as to the manner in which the order, discipline and control, prescribed in the preceding rules, are to be maintained. ### 580. Every prisoner to obey lawful orders. - Every prisoner shall obey every lawfull order issued to him by any officer of the jail or convict- officer of superior rank. ### 581. Unlocking wards and counting prisoners at day-break. - When the bell or gong is sounded at day-break, the convict-officers on duty inside the wards shall wake the prisoners and superintend the folding of the bedding. The blankets should be neatly rolled, with the folds showing evenly at the front and surrounded by the munj mat. The prisoners (each having arranged his bedding on his sleeping berth), shall then sit in double file down the centre of the ward. On the arrival of the Deputy Superintendent and Head-warders, the wards shall be opened, the prisoners marched out in pairs, searched, counted and their numbers checked with the entries in the lock-up register. ### 582. Latrine parade after wards are opened. - When the prisoners have been counted and searched, they shall be marched to the latrine, near which they shall sit in file and those who wish to do so shall be allowed to relieve themselves in turn. During this parade, those prisoners who express a wish to receive or need medical treatment, shall be made to sit apart from the others and shall be inspected and treated; if necessary, by the Medical Subordinate. Any prisoner who appears to be ill shall be sent to hospital at once. ### 583. Latrine accommodation; time to be allowed. Parade to be regulated. (1) Every prisoner shall be allowed to remain 10 minutes in the latrine or such longer time as may be necessary. Every latrine should contain accommodation in the proportion of one seat to every six prisoners for whose use it is intended, and the washing place contiguous to each latrine should have one compartment to every four latrine seats. (2) The latrine parades shall be regulated by the warder in charge, and only as many prisoners allowed to enter at a time as there are vacant seats. ### 584. Procedure after the morning latrine parade. - On the completion of the latrine parade, the prisoners shall be marched to the feeding platform for the morning meal where the procedure described in paragraph 591 shall be followed. ### 585. Prisoners' movements to be directed arrangement in pairs. - Whenever prisoners are marched from one part of the jail to another or are sitting or standing in gangs, except when at meals or at work or when paraded for inspection, they shall be arranged in files of pairs and shall rise, move forward, stop or sit down at the word of command or signal. At parades the signal shall usually be the stroke of a bell or gong and the movement shall be carried out simultaneously in all parts of the jail. ### 586. Prisoners to salute at word of command. - Prisoners shall be required to salute the Deputy Superintendent, at the word or command of the officer in whose charge they are, are follows :- ``Halt'' - to stand still if marching. ``Rise'' - to rise from the sitting position. ``Attention'' - to stop work if working. When it is desired to conclude the salute the following words shall be used:- ``March'' - to move forward. ``Sit'' - to assume the sitting position. ``Work'' - to resume work. ### 587. Arrangement in gangs and march to work. - On the completion of the early morning meal, the prisoners shall be allowed to wash their hands and feeding vessels, and thereafter shall be arranged in gangs according to the gang roll. Each gang shall be made over to its responsible officer and marched to its working place. ### 588. Arrangement of spare clothing at work. - Every prisoner shall at all times carry his complete kit (except second suit, bedding and blankets not in use) with him. At the working places each prisoner shall carefully fold and arrange his spare clothing in line with that of others and in front of it place his iron plate and cup. Note (1) - Head warders should be held responsible that no article but the bedding and blankets not in use are left in the wards after the prisoners have vacated them. Note (2) - The second suit shall be kept in a locked receptacle provided for the purpose in the barrack. ### 589. Prisoners to be locked in work-sheds. - The gate of every work-shed provided with a gate shall be kept locked after the prisoners have entered, and the key shall be kept by the officer in charge of the gang, or, if there is more than one gang, by the senior officer, who shall be held responsible that no prisoner passes into or out of the work-shed without proper permission. ### 590. Access to a urinal and latrine at all hours. - Every prisoner shall have access to a urinal and latrine at all hours, but any prisoner who uses the latrine out of hours shall be reported to the Medical Subordinate, who shall, if the visits have been frequent, place the prisoner under observation in a cell, and if there is reason to believe that he has visited the latrine unnecessarily report the irregularity. In the case of newly convicted prisoners some latitude should be allowed in the enforcement of this measure. ### 591. Details of the bathing and food parade. - When the bell for the morning and evening parades rings, the following events shall take place in sequence :- (1) After the latrine parade is over each prisoner shall take up his cup and plate. (2) The prisoners shall be marched in double file to the feeding platform of the ward in which they are located at night. Here the double file shall separate so that a single row of prisoners comes opposite each platform, on which they shall deposit their plates. (3) The prisoners now re-form double file, march to and halt near the bathing platform. (4) Each prisoner shall divest himself of his clothes, place them to the right or left according as he is on the right or left of the file, put on his bathing cloth and take up his cup. (5) The prisoners shall then be marched on to the bathing platform in double file the pairs dividing so as to form single file on each side of the reservoir. (6) Orders shall be given in succession to bathe, stand up and march back to where the clothing is, the rear file leading so that each prisoner comes again opposite his own clothes where he shall halt. (7) The prisoners having dried themselves and put on their clothes, shall be marched to the feeding places where in the meantime the cooks will have distributed the proper amount of food into every plate. (8) At the feeding platform the prisoners shall again separate into two files, a file at each platform when each man arrives opposite his own plate he shall halt. (9) The prisoners shall, with the exception of any one who has a complaint to make about his food, be ordered to sit down. (10) Any prisoner who remains standing shall be separated, and those who have no complaint to make given the signal to eat. (11) The Head-warder shall enquire as to the cause of complaint of any prisoner concerning his food. If the complaint is of short distribution, he shall have the ration weighed there and then, and if the quantity is short, have the deficiency supplied and report the defaulting cook to the Deputy Superintendent. (12) If the complaint is of bad quality or bad cooking, the Head- warder shall retain a sample of the food for examination by the Deputy Superintendent, who shall make such further enquiry regarding the complaint as may be necessary and report the circumstances to the Superintendent on first opportunity. (13) When the meal is finished the prisoners shall, at the word of command, stand up together, form double file and march to the bathing platform, at the end of which shall be placed two tubs into which each prisoner shall, as he files past, throw any refuse food left on his plate. At the platform they shall wash their plates, hands and mouths. (14) On the completion of the food parade in the morning the prisoners shall be marched to the place, where their distribution into working gangs is to take place. At this time the Deputy Superintendent shall make any alterations in the gangs that may be necessary and record the same or cause them to be recorded in the gang books. (15) The same procedure shall be followed in conducting the evening meal parade. (16) The cooks who were employed for distributing the food when the bathing parade was in progress, shall, at some convenient time, be taken to the bathing platform to wash themselves. These parades should be carried on simultaneously in all parts of the jail and completed within an hour, that is, before the time arrives for distribution of prisoners into gangs. In Jails where the arrangement, number or construction of latrines, feeding and bathing platforms is defective, the Superintendent must follow the instructions as closely as the means at his disposal permit. ### 592. Work resumed in the afternoon, cessation of work for the day. - When the work-bell sounds in the morning the gangs shall be marched to their work places, deposit their spare clothing, plates and cups as before described and resume work until the evening bell rings for its cessation. Each prisoners shall then take up his clothing, &c., and the gangs shall march to their respective wards or appointed place, to be counted and compared with the gang-books. They shall then perform the feeding and latrine parades as in the morning. If necessary, the gang shall then be broken up, rearranged and marched to their sleeping wards, where they shall sit in double file till counted and locked up. As far as practicable prisoners who work together shall occupy the same ward. ### 593. Prisoners outside to be brought in for their mid-day ration. - The mid- day ration of gram shall be distributed to the prisoners wherever they may be at work. All prisoners outside the jail, except those working at a considerable distance and for whom special arrangements for the conveyance of food are made, shall be brought inside the Jail to receive the ration. ### 594. Prisoners not the leave their berths. - No prisoner shall be allowed to leave his sleeping berth for any purpose, without first obtaining the permission of the convict-officer on duty, or to sit or lie on any other prisoner's berth. ### 595. Disposition of prisoners on parade. - At the Superintendent's weekly inspection, the prisoners shall be paraded in single file. Before each prisoner shall be arranged in order his spare suit, munj or Bhabbar mat, blankets, cup, plate and history-ticket. All convict-officers and prisoners losing weight shall be paraded separately. On the arrival of the Superintendent the prisoners shall at the word of command stand up, take off their caps and take up their history-tickets. The history-ticket should be held open in the left hand in front of the chest. The right arm and hand should be extended down the right side, palm inwards. ### 596. Prisoners not to leave their places to make complaints. - No prisoner shall leave his place at any time to make any representation to the Superintendent or Deputy Superintendent, but he may, if the representation is an urgent one, such as a complaint of assault or ill-treatment or the like, represent the matter to the Deputy Superintendent or Superintendent when these officers are doing their rounds. Any prisoner wishing to appeal shall, if the matter be urgent, be brought by the Deputy Superintendent before the Superintendent, but minor complaints and petitions should, as a rule, await the Superintendent's weekly parade. ### 597. Prisoners to be instructed what to do and what to avoid. - Every prisoner shall be - (a) instructed as to the course he is to pursue on the occasion of a riot, disturbance or whenever the alarm is sounded; (b) informed of his liability to be fired on if he joins in any riot or disturbance, or attempts to escape or refuses or neglects to pursue the course laid down for his guidance, and. (c) warned to avoid the acts that are prison offences. ### 598. Prisioners to wash their clothings weekl. - In those jails where no Central Laundry system exists all prisoners shall wash their cotton clothing on the day preceding the Superintendent's weekly parade. In some convenient position, a vessel filled with solution of Soda ash and Country soap shall be placed. Into this solution each prisoner, as he passes in file, shall dip his clothes, and then proceed to the washing place to scrub and cleanse them. When necessary, the Superintendent may detail prisoners to boil and wash blankets, woollen coats and bedding, a special boiler being provided for the purpose. Where there is a Central Laundry, the soiled clothing will be collected weekly and handed over to the dhobi staff for washing. [Note - The strength of solution 1/4 chk. of soda ash and 1/2 chk. of country soap to 70 parts of water. 1/4 of chk. of soda ash and 1/2 chk. of country soap per prisoner per week and 25 seers firewood for 100 prisoners per week are allowed.] [Letter No. 1876-JL/56/24856 dated 25th March.] ### 599. Disposal of prisoners on non-working days. - Prisoners may, on the days they are exempt from labour, be either locked up in their wards or, if the weather is favourable be allowed to sit in file in the yards and take walking exercise in gangs for an hour in the morning and an hour in the afternoon. ### 600. [ Matters affecting caste or religion. [Punjab Government No. 11955. Jails, dated 6th April, 1922.] (1) No undue interference with the religion or caste prejudices of prisoners shall be permitted. (2) Every prisoner shall be allowed to perform his devotions, in a quiet and orderly manner, during the mid-day rest and when locket up for the night. (3) No gathering together of prisoners for the purpose of performing any caste ceremony or religious function shall, under any circumstances, be permitted. (4) Mohammadan prisoners, other than those placed in hospital or in any convalescent or special gang, who may express a desire to be allowed to keep the fast of Ramzan, shall be permitted to do so : Provided that the Medical Officer may, in the case of any prisoner, if he is of opinion that the continuance of the fast by such prisoner is likely to be injurious or dangerous to health, direct its discontinuance. Note - Prisoners shall, while keeping the fast, receive the whole of their daily rations at the evening meal, and shall be permitted to take such rations into and to retain the whole or any portion thereof in their wards, cells or other compartments, for consumption of the following morning. (5) When a Superintendent feels any doubt as to the validity of any plea advanced by a prisoner on grounds of caste or religion, he should refer the matter for the orders of the Inspector-General, whose decision shall be final.] ### 601. Rules regarding the cutting of hair. Exception. (1) The hair of every convict sentenced to rigorous or simple imprisonment, and of every under-trial prisoner shall be trimmed only to such extent, and at such times as may be necessary for the purposes of securing health and cleanliness. (2) Those prisoners who were accustomed to shave their faces before admissions to jail may be shaved in jail. Provided that prisoners who are - (a) Sikhs shall not have their hair cut or removed in any way. (b) Hindus shall be allowed to retain the choti or top-knot. (c) Members of the Police force imprisoned under section 29 of the Act V of 1861, for mere departmental offences shall not have their hair cut or removed in any way. (d) Biluchis shall not, while confined in the Dera Ghazi Khan Jail, have their hair cut or removed in any way, and, (e) females shall not have their hair cut or removed in any way, (f) Muhammandans who object on religious grounds to their beards being closely clipped shall be allowed to have their beards trimmed to a length of approximately 3 inches. If, however, the beard is filthy or verminous or skin disease is present, it shall be closely clipped : Provided further, that the hair of a convict shall not, without his consent, be cut at any time within thirty days of the date on which he is entitled to be released. [Note 1 - (a) All prisoners who are permitted to grow their hair long should be allowed 11 chatak mustard oil and one chatak soapnuts per head once a week. If desired by a prisoner x chatak country washing soap may be issued in place of 1 chatak soapnuts. They shall, however, be permitted to supplement the above quantity at their own expense.] [Punjab Government No. 5459-S, dated 9th September, 1920.] (b) Should they so desire, all other prisoners shall be allowed soap and oil for sanitary purposes at their own expense out of their private cash property or through their friends or relatives. ### 2. [ A depilatory powder consisting of Barium Sulphide 1 part; zinc Oxide 1 part and starch 2 parts are made into a paste may be issued to prisoners requiring it to remove hair from armpits, etc.] [Punjab Government No. 19328-Jails, dated 12th July, 1923.] ### 602. Privileged exemptions from the operation of the preceding rule. (1) Any prisoner who is, under the preceding rule, exempted from the liability of having his hair cut, may at his own request, and with the permission of the Superintendent to be recorded on his history-ticket, have his hair cut or removed. (2) No convict-officer shall be compelled to have his hair cut more than is, in the opinion of the Superintendent, necessary for the purpose of keeping him in a state of proper cleanliness. (3) Prisoners who are more than forty-five years of age, may, on the recommendation of the Medical Officer, be permitted to grow their hair to the extent necessary for the maintenance of their health. ### 603. Penalty for introducing or removing prohibited articles and communicating with prisoners. - Whoever, contrary to any rule under section 60 of the Prisons Act, introduces or removes, or attempts by any means whatever to introduce or remove, into or from any prison, or supplies or attempts to supply to any prisoner outside the limits of a prison any prohibited articles and every officer of a prison who, contrary to any such rule knowingly suffers any such article to be introduced into or removed from any prison to be possessed by any prisoner or to be supplied to any prisoner outside the limits of a prison, and whoever, contrary to any, such rule, communicates or attempts to communicate with any prisoner, and whoever abets any offence made punishable by this section, shall, on conviction before a Magistrate, be liable to imprisonment for a term not exceeding six months or to fine not exceeding two hundred rupees, or to both ### 604. Power to arrest for offence under section 42. - When any prisoner, in the presence of any officer of a prison, commits any offence specified in the last foregoing section, and refuses on demand of such officer to state his name and residence, or gives a name and residence which such officer knows or has reason to believe to be false, such officer may arrest him, and shall without unnecessary delay make him over to a Police-officer, and thereupon such Police-officer shall proceed as if the offence had been committed in his presence. ### 605. Publication of penalties. - The Superintendent shall cause to be affixed, in a conspicuous place outside the prison, a notice in English and the Vernacular setting forth the acts prohibited under section 42 of the Prisons Act and the penalties incurred by their commission. ### 606. List of prohibited articles. - The articles specified or included in any of the descriptions contained in the list annexed to this rule, shall be deemed to be prohibited articles, within the meaning of section 42 and clause (12) of section 45 of the Prisons Act, 1894, unless any such article shall be - (a) introduced into any Jail, (b) removed from any Jail, (c) supplied to any prisoner outside the limits of any Jail, or, (d) received, possessed or transferred by any prisoner. with the permission of the Superintendent or other officer empowered by him in this behalf. List of prohibited articles (1) Spirituous liquors of every description. (2) Tobacco and all other substances whatsoever which are or may be intended to be used for the purpose of smoking, chewing or snuffing, and all instruments and appliances whatsoever, which may be used for or in connection with smoking, chewing or snuffing. (3) All explosive, intoxicating or poisonous substances, and chemicals whether fluid or solid, of whatever description. (4) All arms and weapons and articles which are capable of being used as weapons, of whatever description. (5) All bullion, metal, coin, jewellery, ornaments, currency notes, securities and articles of value of every description. (6) All books, paper and printed or written matter and materials and appliances for printing or writing of whatever description. (7) String, rope, chains and all materials, which are capable of being converted into string or rope or chains, of whatever description. (8) Wood, bricks, stones and earth of every description. ### 607. Further rule defining and regulating prohibited articles. - Every article, of whatever description, shall be deemed to be a prohibited article within the meaning of section 42 and clause (12) of section 45 of the Prisons Act, in the case of - (1) A prisoner - if introduced into or removed from any jail, or received, possessed or transferred by such prisoner, and such article has - (a) not been issued for his personal use from jail stores or supplies, under proper authority, (b) been so issued, if possessed or used at a time or place other than such as is authorised, or, (c) not been placed in his possession, for introduction, removal or use, as the case may be, by proper authority. (2) A jail-official - if introduced into or removed from any jail or supplied to any prisoner and such article - (a) has not been issued or sanctioned, for his personal use by proper authority; (b) is not an article of clothing necessary for his personal wear; or (c) has not been placed in his possession by proper authority for introduction into or removal from the jail or for the purpose of being supplied to any prisoner. (3) A visitor - if introduced into or removed from any jail, or supplied to any prisoner and such article - (a) is not required for his personal use while within the jail and has not been declared by him before entering the jail, and the introduction into or removal from the jail, or possession, of which while in the jail, has not been permitted by proper authority; (b) is introduced, with or without authority, and is not retained in his possession until he has left the jail premises; or (c) comes into his possession while within the jail and is subsequently removed by him from the jail. (4) Any other person - if introduced into or removed from any jail, or supplied to any prisoner, whether within or without the jail. ### 607A. [ Outsiders not to communicate with prisoners. [Punjab Government notification No. 45 dated the 28th January, 1896.] - No person other than a visitor, official or inmate of a prison acting in pursuance of his privilege or duty as such visitor, official or inmate shall communicate or attempt to communicate with any prisoner.] Chapter XIX Offences and Punishments ----------------------------------------- (a) Offences ### 608. Acts declared to be prison offences by Act IX, 1894. - The following acts are declared to be prison-offences when committed by a prisoner - (1) such wilful disobedience to any regulation of the prison, as shall have been declared by rules made under section 59 to be a prison offence, (2) any assault or use of criminal force, (3) the use of insulting or threatening language, (4) immoral or indecent or disorderly behaviour, (5) wilfully disabling himself from labour, (6) contumaciously refusing to work, (7) filing, cutting, altering or removing handcuffs, fetters or bars without due authority, (8) wilful idleness or negligence at work by any prisoner sentenced to rigorous imprisonment, (9) wilful mismanagement of work by any prisoner sentenced to rigorous imprisonment, (10) wilful damage to prison-property, (11) tampering with or defacing history-tickets, records or documents, (12) receiving, possessing or transferring any prohibited article, (13) feigning illness, (14) wilfully bringing a false accusation against any officer or prisoner, (15) omitting or refusing to report, as soon as it comes to his knowledge, the occurrence of any fire, and plot or conspiracy, any escape, attempt or preparation to escape, and any attack or preparation for attack upon any prisoner or prison official and, (16) conspiring to escape, or to assist in escaping, or to commit any other of the offences aforesaid. ### 609. [ Acts declared to be prison-offence by rule made under Act, IX, 1894. [Resol. No. 12-500-510 of 31st August 1896.] - The following acts are forbidden and every prisoner who wilfully commits any of the following acts shall be deemed to have wholly disobeyed the regulations of the prison and to have committed a prison-offence within the meaning of section 45 (1) of the Prisons Act -] (1) [ talking when at file or at unlocking or at latrine, bathing or other parades, or at any time when ordered by an officer of the prison to desist, and singing, loud laughing and loud talking at any time;] [Government of India Notification No. F. 503-1-22, dated 30th October, 1923.] (2) quarrelling with any other prisoner; (3) secreting any article whatever; (4) showing disrespect to any jail officer or visitor; (5) making groundless complaints; (6) answering untruthfully any question put by an officer of the prison or a visitor. ### 609. (6) Furlough/parole By False Statement Is A Jail Offence. - A prisoner can be given parole/furlough because of the reasons mentioned under S. 3 of Good Conduct Prisoners Temporary Release Act, 1952. If any prisoner tries to get furlough/parole by making false statement then that should be considered a Jail offence under para 609 (6) of Punjab Jail Manual and the prisoner stands to be punished under para 612/613 of Punjab Jail Manual. [For agricultural purpose the parole should not be recommended less that six weeks.] [I.G. Prisons Punjab letter No. 25916/GI/P4-8LA dated 28.7.1969.] (7) holding any communication (in writing, by word of mouth or otherwise) with an outsider, with a prisoner of the opposite sex, civil or under-trial prisoner or a prisoner of a different class in disobedience of the regulations of the prison; (8) abetting the commission of any prison-offence; (9) omitting to assist in the maintenance of discipline by reporting any prison-offence, or to give assistance to an officer of the prison when called on to do so; (10) doing any act or using any language calculated to wound or offend the feelings and prejudices of a fellow prisoner; (11) doing any act calculated to create any unnecessary alarm in the minds of the prisoners or officers of the prison, (12) leaving without permission of an officer of the prison the gang to which he is attached, or the part of the prison in which he is confined; (13) leaving without permission of an officer of the prison, the ward, the yard, the place, in file, the seat or berth assigned to him; (14) loitering about the yards, or lingering in the wards when these are open; (15) omitting or refusing to march in file when moving about the prisons; (16) visiting the latrines or bathing platforms except at stated hours or without permission of an officer of the prison, or resorting unnecessarily to the night latrine, or omitting or refusing to employ dry earth in the manner directed by the prison regulations; (17) refusing to eat the food prescribed by the prison diet scale; (18) eating or appropriating any food not assigned to him or taking from or adding to, the portions assigned to the prisoners; (19) removing without permission of an officer of the prison food from the cook-room or godowns or from the place where meals are served, or disobeying any order as to the issue and distribution of food and drink; (20) wilfully destroying food, or throwing it away without orders; (21) introducing into food or drink anything likely to render it unpalatable or unwholesome; (22) omitting or refusing to wear the clothing given to him or exchanging any portion of it for the clothing of other prisoners or losing, discarding, damaging or altering any part of it; (23) removing, defacing, or altering any distinctive number, mark or badge attached to, or worn on, the clothing or person; (24) omitting or refusing to keep the person clean or disobeying any order regulating the cutting of hair or nails; (25) omitting or refusing to keep clean his clothing, blankets, bedding, fetters, iron cups or platters, or neck tickets or other identification token, or disobeying any order as to the arrangement or disposition of such article; (26) tampering in any way with prison locks, lamps or lights or other property with which he has no concern; (27) stealing the prison clothing or any part of the prison kit of any other prisoner; (28) committing a nuisance in any part of the prison; (29) spitting on or otherwise soiling any floor, door, wall, or other part of the prison building or any article in the prison; (30) wilfully befouling the wells, latrines, washing or bathing places; (31) damaging the trees and vegetables in the garden of the jail, or maltreating the prison cattles; (32) omitting or refusing to take due care of all prison property entrusted to him; (33) omitting or refusing to take due care of or injuring, destroying or misappropriating, the material and implements entrusted to him for work; (34) omitting to report at once any loss, breakage or injury which he may accidentally have caused to prison property or implements; (35) manufacturing any article without the knowledge or permission of an officer of the prison; (36) performing any portion of the task allotted to another prisoner, or obtaining the assistance of another prisoner in the performance of his own task; (37) appropriating any portion of the task performed by another prison; (38) mixing or adding any foreign substance to the materials issued for work; (39) wilfully causing to himself any illness, injury or disability; (40) causing, or omitting to assist in suppressing, violence or insubordination of any kind; (41) taking part in any attack upon any prisoner or officer of the prison; (42) omitting or refusing to help any officer of the prison in case of an attempted escape or of an attack upon such officer or upon another prisoner; (43) disobeying any lawful order or an officer of the prison or omitting or refusing to perform duties in the manner prescribed. ### 610. [ Reference to Magistrate. [Government of India Resolution No. 12-500-510 dated 31st August, 189.] - When in the opinion of the Superintendent any of the following offences are established against any prisoner, he shall refer the case to the Magistrate exercising jurisdiction for enquiry in accordance with the Code of Criminal Procedure, 1898:-] (1) offences punishable under sections 147, 148 and 152 of the Indian Penal Code; (2) offences punishable under sections 222, 223 and 224 of the Indian Penal Code; (3) offences punishable under section 304-A, 309, 325 and 326 of the Indian Penal Code; and (4) any offence triable exclusively by the Court of Session. Note - The offences specified in the above paragraph are :- Section 147 - rioting; Section 148 - rioting armed with a deadly weapon; Section 152 - assaulting or obstructing or using criminal force to a public servant, when suppressing riot or threatening or attempting to do so; Section 222 - intentional omission to apprehend on the part of a public servant, or intentionally aiding or suffering to escape any person lawfully committed to custody; Section 223 - escape negligently suffered by a public servant; Section 224 - resistance or obstruction to lawful apprehension or escape or attempt to escape from lawful custody; Section 304-A - causing death by a rash or negligence act; Section 309 - attempt to commit suicide; Section 325 - voluntarily causing grievous hurt; and Section 326 - voluntarily causing grievous hurt by dangerous weapons or means. ### 611. [ Powers of Superintendent. [Government of India Resolution No. 12-500-510 dated 31st August, 189.] - It shall be in the discretion of the Superintendent to determine with respect to any other act which constitutes both a prison-offence and an offence under the Indian Penal Code, whether he will use his own powers of punishment or move the Magistrate exercising jurisdiction to enquire into in accordance with the code of Criminal Procedure.] (b) Punishments ### 612. Punishment of such offences. - The Superintendent may examine any person touching any such offence, and determine thereupon, and punish such offence by - (1) a formal warning; Explanation. - A formal warning shall mean a warning personally addressed to a prisoner by the Superintendent and recorded in the punishment book and on the prisoner's history-ticket; (2) change of labour to some more irksome or severe form for such period as may be prescribed by rules made by the Governor-General in Council; (3) hard labour for a period not exceeding seven days in the case of convicted criminal prisoners not sentenced to rigorous imprisonment; (4) such loss of privileges admissible under the remission system for the time being in force as may be prescribed by rules made by the Governor-General in Council; (5) the substitution of gunny or other coarse fabric for clothing of other material not being woollen, for a period which shall not exceed three months; (6) imposition of handcuffs of such pattern and weight in such manner and for such period, as may be prescribed by rules made by the Governor-General in Council; (7) imposition of fetters of such pattern and weight, in such manner and for such period, as may be prescribed by rules made by the Governor-General in Council; (8) separate confinement for any period not exceeding three months; Explanation - Separate confinement means such confinement with or without labour as secludes a prisoner from communication with, but not from sight of, other prisoners, and allows him not less than one hour's exercise per diem and to have his meals in association with one or more other prisoners; (9) penal diet, - that is restriction of diet in such manner and subject to such condition regarding labour as may be prescribed by the Local Government : Provided that such restriction of diet shall in no case be applied to a prisoner for more than ninety six consecutive hours, and shall not be repeated except for a fresh offence nor until after an interval of one week; (10) cellular confinement for any period not exceeding fourteen days : Provided that after each period of cellular confinement and interval of not less duration than such period must elapse before the prisoner is again sentenced to cellular or solitary confinement. Explanation - Cellular confinement means such confinement with or without labour as entirely secudes a prisoner from communication with, but not from sight of, other prisoners, (11) penal diet as defined in clause (9) combined with cellular confinement; (12) whipping provided that the number of stripes shall not exceed thirty in the case of prisoners of or over 16 years of age, and 15 in the case of juvenile offenders : Provided that nothing in the section shall render any female or civil prisoner liable to the imposition of any form of handcuffs or fetters, or to whipping. ### 613. [ Loss of privileges under the remission system. [G. of I. Resol. No. 161-172 of 15-6- 1908 and P.G. No. 1669 - S (Home) of 31.7.08.] - For a prison offence any one of the following punishments involving loss of privileges admissible under the remission system may be awarded :-] (a) Forfeiture of remission earned. (b) Temporary forfeiture of class, grade or prison privileges. (c) Temporary or permanent reduction from a higher to a lower class or grade. (d) Temporary or permanent exclusion from the remission system; Provided that - No order directing the forfeiture of remission in excess of twelve days or the exclusion of a prisoner from the remission system for a period exceeding three months shall take effect without the previous sanction of the Inspector-General. ### 614. [ Description of handcuffs. [Resol. No. 12-500-510 of 31.8.1896.] - Handcuffs imposed by way of punishment for prison-offences shall be iron bar-handcuffs weighing, with lock, not more than 2 lb. each, or swivel with spring-catch handcuffs weighing not more than 1 lb. each, or chain handcuffs weighing not more than 1 lb. each.] ### 615. [ Imposition of handcuffs. [Resol. No. 12-500- 510 of 31.8.1896.] - Handcuffs may be imposed] - (a) on the wrists in front, by day or night for a period of not more than twelve hours at a time, with intervals of not less than twelve hours between each period, and for not more than four consecutive days or nights; (b) on the wrists behind, by day only for a period of not more than six hours in any day of twenty-four hours, and for not more than four consecutive days; (c) by attaching the handcuffs affixed on the prisoner's wrists to a staple in front of the prisoner by day for not more than four consecutive days and for not more than six hours on each day with an interval of at least one hour after the handcuffs have been so attached for three hours : Provided that such staples shall not be higher than the prisoner's shoulders, nor lower than his waist, and then no prisoner shall be attached by handcuffs to a staple except in the presence of other prisoners : Provided further that the punishment referred to in clause (c) shall not be executed until the prisoner to whom the punishment has been awarded has been examined by the Medical Officer and pronounced to be fit to undergo the punishment. Provided also that this punishment shall be restricted to cases where the prisoner has been guilty of repeated and wilful violations of any prison rule, and where, in fact, his conduct is evidently due to contumacy. ### 616. Shelter from the sun. - A prisoner while undergoing punishment in handcuffs shall be under complete shelter from the sun. ### 617. Description of fetters. - The following classes of fetters may be used in prisons :- (a) Link-fetters composed of a chain and ankle-rings. The total weight of such fetters including the ankle-rings shall not exceed 3 lbs., and the chain shall be not less than two feet in length. (b) Bar-fetters composed of two bars joined together by a link and attached to ankle-rings. The total weight of such fetters including the ankle-rings, shall not exceed 5 lb. and each bar shall be not less than twenty inches in length. (c) Cross-bar fetters composed of single bar for the purpose of keeping the legs apart and of ankle-rings. The total weight of such fetters, including ankle-rings, shall not exceed 2-1/2 lbs. The length of the bar shall not exceed sixteen inches in the case of men who are not less than five feet six inches in height, or fourteen inches in the case of men below this height. ### 618. [ Period for which fetters may be imposed. [G. of I. Notification No. F-503, 22, dated 30.10.23.] - The maximum period for which fetters may be continuously imposed shall be -] (a) in the case of linked fetters, three months; (b) in the case of bar-fetters, three months; and (c) in the case of cross-bar-fetters, two hundred and forty hours. A period of at least ten days must elapse after fetters of any kind have been imposed as a punishment for a prison-offence, before they can again imposed as a punishment for another prison-offence, whether of the same kind or not. [Note - Punishment fetters should be removed when a convict wearing the same is to be produced in court.] [P.G. letter No. 137 (Home) , dated 4.4.11.] ### 619. Scale of penal diet. - Penal diet shall consist of a daily ration of eight chittaks of flour with one-eight of a chittak of salt, made into porridge and served in two meals. ### 620. Conditions regarding labour while on penal diet. - No prisoner shall, while placed on penal diet, be required to undergo hard or medium labour, respectively (as prescribed in the rules in that behalf). ### 621. Restriction to whipping. (1) The punishment of whipping must be reserved for serious offences and whenever the offence committed is so serious as to merit a whipping, the punishment inflicted should be severe enough to act as a real deterrent. The number of stripes should never be less than 15, in case the Medical Officer certifies that a convict is unable to bear this number, some other form of punishment should be inflicted. (2) The punishment of whipping shall be inflicted only for mutiny or for conduct seriously affecting the discipline of the prison or for incitement thereto, for serious assaults on any public servant or visitor or after other punishments have failed for other offences of a specially grave nature. (3) A special report, based on the record required by section 51 of the Prisons Act, 1894, to be made in the punishment book on every case in which whipping has been inflicted, shall be promptly submitted to the Inspector- General of Prisons by the Superintendent of the Jail. (4) The punishment of whipping shall not be inflicted on special class prisoners except with the permission of the Local Government. ### 622. Plurality of punishments under section 46. (1) Any two of the punishments enumerated in paragraph 612 may be awarded for any such offence in combination, subject to the following exceptions, namely : (1) formal warning shall not be combined with any other punishment except loss of privileges under clause (4) of paragraph 612; (2) penal diet shall not be combined with change of labour under clause (2) of paragraph 612, nor shall any additional period of penal diet awarded singly be combined with any period any penal diet awarded in combination with cellular confinement; (3) cellular confinement shall not be combined with separate confinement so as to prolong the total period of seclusion to which the prisoner shall be liable; (4) whipping shall not be combined with any other form of punishment except cellular or separate confinement and loss of privileges admissible under the remission system; (5) no punishment shall be combined with any other punishment in contravention of rules made by Governor-General in Council. [Note - Two forms of punishment only can be combined under this paragraph. [G. of I. Resol (No. 266 of 30.12.05.] (2) No punishment shall be awarded for any such offences so as to combine with the punishment awarded for any other such offence two of the punishments which may not be awarded in combination for such offence.] ### 623. Award of punishments under sections 46 and 47. - The Superintendent shall have power to award any of the punishments enumerated in paragraphs 612 and 622, subject in the case of separate confinement for a period exceeding one month, to the previous confinement for a period exceeding one month, to the previous confirmation of the Inspector-General. (2) No office subordinate to the Superintendent shall have power to award any punishment whatever. ### 624. Punishments to be in accordance with foregoing sections. - Except by order of a Court of Justice no punishment other than the punishments specified in paragraphs 612, 622 and 623 shall be inflicted on any prisoner otherwise than in accordance with the provisions of those paragraphs. ### 625. Medical Officer to certify fitness of prisoner for punishment. (1) No punishment of penal diet either singly or in combination, or of whipping, or of a change of labour under section 46, clause (2) of the Prisons Act, 1894, shall be executed until the prisoner to whom such punishment has been awarded has been examined by the Medical Officer, who, if he considers the prisoner fit to undergo the punishment, shall certify accordingly, in the appropriate column of the punishment-book prescribed in section 12 of the Prisons Act, 1894. (2) If he considers the prisoner unfit to undergo the punishment, he shall in like manner record his opinion in writing and shall state whether the prisoner is absolutely unfit for punishment of the kind awarded, or whether he considers any modification necessary. (3) In the latter case he shall state what extent of punishment, he thinks the prisoner can undergo without injury to his health. ### 626. Entries is punishment-book. (1) In the punishment-book prescribed in section 12 of the Prisons Act, 1894, there shall be recorded, in respect of every punishment inflicted the prisoner's name, register number and the class (whether habitual or not) to which he belongs, the prison offence of which he was guilty, the date on which such prison offence was committed, the number of previous prison-offences recorded against the prisoner and the date of his last prison-offence, the punishment awarded, and the date of infliction. (2) In the case of every serious prison-offence, the name of the witnesses proving the offence shall be recorded, and, in the case of offence for which whipping is awarded, the Superintendent shall record the substance of the evidence of the witnesses, the defence of the prisoner, and the finding with the reasons therefor. (3) Against the entries relating to each punishment the Deputy Superintendent and Superintendent shall affix their initials as evidence of the correctness of the entries. ### 627. Procedure on committal of heinous offence. - If any prisoner is guilty of any offence against prison-discipline which by reason of his having frequently committed such offences or otherwise, in the opinion of the Superintendent, is not adequately punishable by the infliction of any punishment which he has power under this Act, to award, the Superintendent may forward such prisoner to the Court of the District Magistrate or of any Magistrate of the first class having jurisdiction, together with a statement of the circumstances, and such Magistrate shall thereupon inquire into and try the charge so brought against the prisoner and upon conviction, may sentence him to imprisonment which may extend to one year such term to be in addition to any term for which such prisoner was under-going imprisonment when he committed such offence, or may sentence him to any of the punishments enumerated in section 46 of the Prisons Act : Provided that the District Magistrate may transfer the case for inquiry and trial to any Magistrate of the first class; and Provided also that no person shall be punished twice for the same offence. ### 628. Whipping, how to be inflicted. (1) No punishment of whipping shall be inflicted in instalments or except in the presence of the Superintendent and Medical Officer or Medical Subordinate. (2) Whipping shall be inflicted on the buttocks, with a ratan not exceeding the legal minimum of half an inch diameter, and in case of prisoners under sixteen years of age it shall be inflicted, in the way of school discipline, with a still lighter ratan. (3) In the case of persons of or over sixteen years of age such punishment shall not exceed 30 stripes and in the case of juvenile offenders, 15 stripes. ### 629. Rule made by Local Government regarding whipping. - Whipping shall be inflicted on the buttocks, with a light ratan not exceeding the legal minimum of half an inch in diameter, and in case of prisoner under the age of sixteen, it shall be inflicted on the buttocks in the way of school discipline, with a still lighter ratan. [Note - To prevent undue laceration of the skin, a piece of thin cotton cloth soaked in some antiseptic should be spread over the buttocks of every prisoner during the operation. All such clothes should be thoroughly washed and afterwards soaked in antiseptic solution before being again brought into use, so as to obviate the possibility of disease of any kind being conveyed from one prisoner to another. The drawing stroke, which is calculated to lacerate the flesh, is prohibited.] [P.G. No. 3968 S. Jails dated 22.8.21.] ### 630. [ Classification of punishments. [Part I, Rule S.G. of I. Resol. No. 161-172 of 25.6.08 and P.G. letter No. 1669 S. (Home) of 31.7.08. G. of I. letter No. 503-22, Jails dated 9.11.23.] - The punishments enumerated in Section 46 of the Prisons Act, including those prescribed by the Governor-General in Council under section 46 (4) , (6) and (7) shall be classified into minor and major punishments.] The following punishments shall be considered minor punishments :- (1) Formal warning, (2) Change of labour for a stated period to some more irksome or severe form, (3) Forfeiture of remission earned, not exceeding four days, (4) Forfeiture of class, grade, or prison privilege for a period not exceeding three months, (5) Temporary reduction from a higher to a lower class or grade, (6) Penal diet, with or without cellular confinement not exceeding 48 hours, (7) Cellular confinement for not more than 7 days, (8) Separate confinement for not more than 14 days, (9) Imposition of handcuffs otherwise than by handcuffing a prisoner behind or to a staple, (10) Imposition of link-fetters for not more than 30 days, and (11) Substitution of gunny or other coarse clothing for the portion of ordinary prison dress which is not woollen. The following punishments shall be considered major punishments :- (1) Hard labour in the case of prisoners not sentenced to rigorous imprisonment, (2) (a) Forfeiture of remission earned, exceeding four, but not exceeding twelve days, (b) Forfeiture of remission earned, in excess of 12 days, (c) Forfeiture of class, grade of prison privileges for a period exceeding 3 months, (d) Exclusion from the remission system for a period not exceeding 3 months, (e) Exclusion from the remission system for a period exceeding 3 months, (f) Permanent reduction from a higher to a lower class or grade, (3) Cellular confinement for a period exceeding 7 days, (4) Separate confinement for a period exceeding 14 days, (5) Link-fetters, if imposed for more than 30 days, (6) Bar fetters, (7) Cross bar fetters, (8) Handcuffing behind or to a staple, (9) Penal diet combined with cellular confinement for more than 48 hours, (10) Whipping, and (11) Any combination of minor punishments admissible under section 47 of the Act. Note (1) - The major punishments 2 (b) and 2 (c) and any combination of the major punishments 2 (b), 2 (c) and 2 (e) shall not be awarded by the Superintendent of a prison without the previous sanction of the Inspector- General of Prison. [Note (2) - An offence will be considered a minor offence when it is dealt with by a minor punishment, and a serious offence when dealt with by a major punishment. The classification in the annual returns should distinguish between (1) offences dealt with by major punishment and (2) offences dealt with by minor punishments. A combination of minor punishments will be shown under the head of major punishments in the punishment statement.] [Resolution No. 75-85 of 16.2.1899.] Note (3) - The following punishments shall not be carried out in combination even when awarded at different times for different offences :- (a) Penal diet with whipping,(b) Penal diet with standing handcuffs,(c) Standing handcuffs with cross-bar fetters,(d) Cross bar fetters with bar-fetters, Note (4) - The minor punishment (2) is not to be executed until the Medical Officer declares the prisoner to be fit to undergo the same and makes an entry to this effect in the appropriate column of the punishment register. Chapter XX (A) Remission System ------------------------------------ ### 631. [ Extent of the remission rules. [G. of I. Resol. No. 161-172 of 25.6.08 and P.G. letter No. 1669-S. (Home) of 31.7.08.] (1) These rules apply to the whole of British India, inclusive of British Baluchistan, and the Sonthal Parganas.] (2) Classes of convicted prisoner. - In these rules - (a) ``prisoner'' includes a person committed to prison in default of furnishing security to keep the peace or be of good behaviour; (b) ``class 1 prisoner'' means thug a robber by administration of poisonous drugs or a professional, hereditary or specially dangerous criminal convicted of heinous organised crime, such as dacoity; (c) ``Class 2 prisoner'' means a dacoit or other person convicted of heinous organised crime, not being a professional, hereditary, or specially dangerous criminal; (d) ``class 3 prisoner'' means a prisoner other than a class 2 prisoner; (e) ``sentence'' means a sentence as finally fixed on appeal, revision or otherwise, and includes an aggregate of more sentences than one and an order of committal to prison in default of furnishing security to keep the peace or be of good behaviour; (f) ``life convict'' means a person whose sentence amounts to 20 years imprisonment; (i) a class 1 or class 2 prisoner whose sentence amounts to twenty-five years' imprisonment, or (ii) a class 3 prisoner whose sentence amounts to twenty years imprisonment. (g) [ ``Probation Officer'' means a Probation Officer as defined in the Good Conduct Prisoners Probational Release Rules published with Punjab Government Notification No. 13273, dated 27th April, 1927.] [Correction Slips 1 and 3.] Note - The case of all life-convicts and of prisoners sentenced to more than 14 years imprisonment or to transportation and imprisonment for terms exceeding in the aggregate 14 years shall, when the term of imprisonment undergone, together with any remission earned under the rules amounts to 10 or 14 years, as the case may be, submitted for the orders or the Local Government in accordance with the instructions contained in the Home Department Resolution No. 159-67 (Jails) , dated the 6th September, 1905 ### 632. Cancelled. ### 633. Cases in which ordinary remission not earned. - No ordinary remission shall be earned in the following cases, namely : (1) in respect of any sentence of imprisonment amounting exclusive of any sentence passed in default of payment of fine, to less than three months; (2) [ in respect of any sentence of simple imprisonment except for any continuous period not being less than one month during which the prisoner labours voluntarily :] [G. of I. Notn. No. F-503-2-22 dated 30.10.23.] Note - The intention of this rule is that if a prisoner's sentence or total of sentences is reduced on appeal to less than 3 months he shall cease to be eligible for ordinary remission under these rules and remission that he may have earned prior to the reduction of this sentence or sentence shall be forfeited. (See in this connection the definition of sentence in rule 2 (e) .) ### 633A. [ Ordinary remission not earnable for certain offences committed after admission to jail. [G. of I. Notification No. F-503-2-22, dated 30.10.23.] - If a prisoner is convicted of an offence committed after admission to jail under sections 147, 148, 152, 224, 302, 304, 304-A, 306, 307, 308, 323, 324, 325, 326, 332, 333, 352, 353 or 377 of the Indian Penal Code, or of an assault committed after admission to Jail on a warder or other officer or under section 6 of the Good Conduct Prisoners Probational Release Act, 1926 (X of 1926), the remission of whatever kind earned by him under these rules up to the date of the said eviction may, with the sanction of the Inspector-General of Prisons, be cancelled.] ### 634. [ Re-admission to the remission system of a prisoner removed therefrom. [G. of I. Resol. No. 161-172, dated 25.6.08.] - The Superintendent may with the previous sanction of the Inspector General, re-admit to the remission system any prisoner who has been removed therefrom under rules framed under section 59, clause (3) of the Act. Such a prisoner shall earn remission under these rules from the commencement of the month following such re-admission.] ### 635. Scale of award of remission. - Ordinary remission shall be awarded on the following scale :- (a) [ two days per month for thoroughly good conduct and scrupulous attention to all prison regulations,] [G. of I. Notn. No. F. 503-2-22, dated 30.10.23.] (b) two days per month for industry and the due performance of the daily task imposed. ### 635A. [ Scale of award of remission when prisoner is unable to labour through causes beyond his control. [G. of 1 Notn. No. F-503-2-22 dated 30.10.23.] - A prisoner who is unable to labour through causes beyond his control by reason of being at court, in transit from one jail to another, in hospital or on an invalid gang shall be granted remission under clause (a) of rule 6 on the scale earned by him during the previous month if his conduct prior to and during the period in question has been such as to deserve such grant. He shall be also entitled to the grant of remission under clause (b) on the scale earned by him during the previous months if he had been in prison during that term; if not at rate of two days per month:] Provided that if his absence from work is due to his own misconduct in jail no remission under clause (b) shall be awarded for the period of absence : Provided also that if he is in hospital or on an invalid gang no remission under clause (b) of rule 6 shall be granted unless the Medical Officer certifies that the prisoner's absence from labour is due to cause beyond his control and is in no way caused by any action of the prisoner himself taken with a view to escape work or to get into or to remain in hospital. (c) Prisoners who volunteer for sweeper's work in the Punjab Jail shall, in addition to the existing scale of remission, be granted a special remission of 3 days per month and a monthly payment of Rs. 5. ### 636. Remission awarded to convict officers. - In lieu of the remission allowed under paragraph 635 convict-warders shall receive eight days ordinary remission per month, convict-overseers six days per month and convict-night watchman five days per month. ### 637. Application of remission of system. - Subject to the provisions of paragraph 634 remission under paragraph 635 shall be calculated from the first day of the calendar month next following the date of prisoner's sentence; any prisoner who after having been released on bail or because his sentence has been temporarily suspended is afterwards readmitted in the jail shall be brought under the remission system on the first day of the calendar month next following his re-admission, but shall be credited on his return to jail with any remission which he may have earned previous to his release on bail or the suspension of his sentence. Remission under paragraph 636 shall be calculated from the first day of the next calendar month following the appointment of the prisoner as convict-warder, convict-overseer or convict- night watchman. ### 638. Sundays and holidays. - Prisoners employed on prison service, such as cooks and sweepers, who work on Sundays and holidays, may be awarded three days' ordinary remission per quarter in addition to any other remission earned under these rules. Explanation. - One day's remission may be credited to the prisoner at the end of every month during which he has been employed on any prison service. ### 639. Remission for good conduct. (1) A prisoner, eligible for remission under these rules who, for a period one year reckoned from the first day of the month following the date of his sentence or the date on which he was last punished for a prison-offence, has committed no prison-offence whatever, shall be awarded fifteen days' ordinary remission in addition to any other remission earned under these rules. (2) If, however, a prisoner completes three years of his sentence and is not punished during that period for any prison offence, he shall be granted 60 days' remission for good conduct at the end of third year. In such cases the prisoner shall in addition be granted 15 days' good conduct remission for each of the first two years only. The total remission earned shall not in any case exceed the maximum remission permissible under the rules. (G. of I. Notn. No. F-503-2-22, dated 20.10.23.) Explanation. - For the purposes of this rule prison-offences punished only with a warning shall not be taken into account. ### 640. [ Power of officers to award remission. [G. of I. Resol. No. 161-172, dated 25 6.08.] - Ordinarily remission shall be awarded by the Superintendent, or subject to his control and supervision and to the provisions of paragraph 641 by the Factory Manager, Deputy Superintendent and Senior Assistant Superintendent or any other officer specially empowered in that behalf by him.] ### 641. Procedure in making award. (1) An officer awarding ordinary remission shall, before making the award, consult the prisoner's history-ticket in which every offence proved against the prisoner must be carefully recorded. (2) If a prisoner has not been punished during the quarter otherwise than by a formal warning, he shall be awarded the full ordinarily remission for that quarter under paragraph 635, or, if he is a convict- officer, under paragraph 636. (3) If a prisoner has been punished during the quarter otherwise than by a formal warning, the case shall be placed before the Superintendent, who after considering the punishment or punishments awarded, shall decide what amount of remission shall be granted under paragraph 635 or if the convict is a convict-officer under paragraph 636, all remissions recorded on the prisoner's history-ticket shall be entered quarterly on remission sheet (or card) are not marked in the general remission register. ### 642. Remission to be awarded quarterly. - The award of ordinary remission shall be made as nearly as possible, on 1st January, 1st April, 1st July and 1st October, and the amount shall be intimated to the prisoner and recorded on his history-ticket. Remission granted to a prisoner under paragraph 639 shall be recorded on his history-ticket as soon as possible after it is awarded. ### 643. [ No remission for month in which released. [G. of I. Resol. No. 161-172, dated 25 6.08.] - No prisoner shall receive ordinary remission for the calendar month in which he is released.] ### 644. [ Special remission. [G. of I. Notn. No. F. 503-2-22, dated 30.10.23.] (1) Special remission may be given to any prisoner whether entitled to ordinary remission or not other than a prisoner undergoing a sentence referred to in paragraph 632, for special service as for example :-] (a) assisting in detecting or preventing breaches of prison discipline or regulations (b) success in teaching handicraft (c) special excellence in, or greatly increased out-turn of work of good quality (d) protecting an officer of the prison from attack (e) assisting an officer of the prison in the case of outbreak of fire or similar emergency. (f) economy in wearing clothes. (g) donating blood to the Blood Bank provided that the scale of special remission for this service shall be fifteen days for each occasion on which blood is donated subjected to the limit laid down in sub-para (3). (h) [ Voluntarily undergoing vasectomy operation by a prisoner, having three children, provided that the scale of special remission for such service shall be 30 days, subject to the limits laid down in sub-para (3).] [Correction slip No. 4.] (2) Special remission may also be given to any prisoner released under the Good Conduct Prisoners' Probational Release Act, 1926 for special services as :- (i) Special excellence in, or greatly increased out-turn of good quality, (ii) Assisting employer in case of out-break or fire or protecting his life or property from theft and other meritorious services. (3) Special remission may be awarded :- (i) by the Superintendent to an amount not exceeding three days in one year, (ii) by the Chief Probation Officer in the case of prisoners released under the provisions of the Good Conduct Prisoners' Probational Release Act, 1926, to an amount not exceeding 30 days in one year, (iii) by the Inspector-General of the Local Government to an amount not exceeding sixty days in one year. Explanation :- For the purpose of this rule, years shall be reckoned from the date of sentence and any fraction of a year shall be reckoned as a complete year. (4) [ An award of special remission shall be entered on the history-ticket of the prisoner as soon as possible after it is made, and the reasons for every award of special remission by a Supdt. shall be briefly recorded, and in case of prisoners released under the Good Conduct Prisoner's Probational Release Act, 1926, such entries and reasons thereof, shall be recorded by the Probation Officer.] [Correction slip No. 2.] ### 645. [ Total remission not to exceed one-fourth part of sentence. [G. of I. Resol. No. 161-172, dated 25.6.08.] - The total remission awarded to a prisoner under all these rules shall not without the special sanction of the Local Government, exceed one-fourth part of his sentence :] Provided in Every exceptional and suitable cases the Inspector- General of Prisons may grant remission amounting to not more than one-third of the total sentence. ### 646. [ Remission in calculating date of release. [Ibid G. of I Resol. No. 161-172, dated 25.6.08.] - In calculating the date of release of a prisoner the number of days of remission earned shall be converted into months and days, at the rate of thirty days to each month.] ### 647. [ Effect of remission earned on a life convict. [G. of I. Resol. No. 234-245 of 12th July 1910, and P.G. endorsement No. 236 of 25th August 1910.] (1) When a life convict who is either - ] (a) a class I prisoner, or (b) a class II or class III prisoner with more than one sentence, (c) a prisoner in whose case the Local Government has passed an order forbidding his release without reference, has earned such remission as would entitle him to release but for the provisions of this paragraph, the Superintendent shall report accordingly to the Local Government in order that his case may be considered with reference to section 401 of the Code of Criminal Procedure, 1898. (2) Save as provided by clause (1) when a prisoner has earned such remission as entitles him to release the Superintendent shall release him. ### 648. [ Procedure to be followed at the time of release. [G. of I. Resol. No. 161-172, dated 25.6.08.] - When a prisoner is released under paragraph 647, the total amount of remission earned by him shall be endorsed on his warrant and the endorsement shall be signed by the Superintendent.] ### 649. Record of prisoner transferred. (1) When a prisoner is transferred to another jail the total amount of remission earned by him up to the end of the previous month shall be endorsed on his warrant and entered on his history-ticket, these entries being signed by the Superintendent. (2) The receiving Jail shall be responsible that the above information is duly obtained. Each jail at which a prisoner serves a portion of his sentence shall be held responsible for the correct calculation of the remission earned in that jail. Note - The remission earned by a class I or class II prisoner shall be deducted from the sentence and shall be passed under such police surveillance as the Local Government may prescribe. ### 650. Remission sheet. - Remission sheets (form No. 145) shall be retained in the office of a jail for a period of one year after the release of the prisoner to whom they relate. When a prisoner is transferred to another jail, his remission sheet (or card) where such are maintained, or where they are not maintained, a statement certified by the Superintendent, of the total remission, earned up to the date of transfer shall be sent with the prisoner. N. B.- The notes to paras 631, 633 and 649 should not be regarded as part of the statutory rules; they have merely been inserted for convenience of reference and with the object of assisting officers to interpret the rules. (b) Rewards ### 651. Persons sentenced to labour. (1) All persons sentenced to labour shall be eligible for the grant of special remission at the rate of one day for every additional day's task performed the amount of work being calculated at the end of each calendar month. The term prisoner ``sentenced to labour'' shall include prisoners sentenced to simple imprisonment who voluntarily elect to labour. Note - Suppose a convict performs his full task of weaving, that is, 12 yards of cloth daily. His monthly output should be 288 yards a month (including 1/2 task on weekly parade days). If he weaves 300 yards he will receive one day, and if 312 yards 2 days, and so on. (2) In the case of two or more men employed on the same work with a joint out-turn, the amount earned may be divided equally amongst them or in such proportion as the Superintendent considers equitable. (3) Convicts employed on untasked as well as tasked labour in jails shall be eligible for the grant of remission at the specified rates. The Superintendent of a Jail should only grant remission to a prisoner on untasked labour if he is satisfied that the industry and exertion of the prisoner have been such as would have entitled him to the concession if he had been employed on a form of labour which is susceptible of being tasked. (4) To ensure that the system of grant of special remission operates with as little uneveness as possible the Superintendent should fix a high minimum out-turn of work for professional or habitual prisoners employed on tasked labour. (5) The time employed on work must not exceed 9 hours daily as required by section 35 (1) of the Prisons Act. (6) The extra work done must be quite voluntary and the grant of remission for it is conditional on its being up to the requisite standard in quality required by the Superintendent. (7) The Superintendent must arrange for an adequate supply of materials for extra task work. (8) (a) No limit is to be placed on the amount of extra work which a convict passed as fit for hard labour may do subject to the time limit of hours of employment. (b) A convict, if passed for medium or light labour, is to be rewarded for the extra work done over and above the tasks laid down for these classes of labour, respectively, at the rate of one day's special remission for every additional day's work reckoned on the labour task of his class of labour. (c) No convict passed for medium or light labour shall be permitted to do extra work without the sanction of the Medical Officer recorded in his history-ticket or to exceed in the total day's work - a hard labour task in the case of a medium labour man, or a medium labour task in the case of a light labour man. (9) Any convict suspected of being unfit at any time to do extra work shall be brought to the notice of the Medical Officer with a view to his being stopped from doing extra work. (10) The remission to be allowed to a convict whether on tasked or untasked labour should not exceed the limits prescribed in the Jail Manual. ### 652. Cancelled. ### 653. Conditions for the award of gratuities for Industry. (1) The Superintendent may, subject to the limits of - (a) the grant made for the purpose, by the Inspector-General, in respect of the Jail, and (b) the maximum monthly limit in respect of individual prisoners prescribed by the Inspector-General, grant to any convict a gratuity in money in respect of extra quantity of superior quality of any work done by such convict, or of his being employed to teach any handicrafts. (2) No gratuity under this rule shall be granted to any convict-warder for the time being in receipt of a gratuity under the rules regulating the grant of gratuities to convict-warders. ### 654. Money grant to indigent prisoners on release; limit of the award. (1) A money grant equal to two and a half per centum of the net cash profits from jail manufactories will be placed at the disposal of the Inspector-General annually for distribution to jails, with a view to enabling indigent prisoners to lead a life of honesty for some time after release and while in quest of work. (2) No convict shall receive more than two rupees from this fund. ### 655. Conditions of the grant to indigent prisoners. - The Superintendent may, subject to the limits of - (a) the grant made for this purpose, by the Inspector-General in respect of the jail, and (b) the maximum amount which may be granted to any convict, prescribed by the Inspector-General, grant to any convict who has undergone a sentence of imprisonment or transportation for one year or more, upon his release, such sum of money as he may think necessary, for the purpose of enabling the convict to maintain himself until he can secure honest employment : Provided that no such grant shall be made to any prisoner who, at the time his release, is in possession of a sum of five rupees or more. Note - The amount paid to a prisoner under this rule shall be over and above any sum paid to him to cover the expense of the journey to his home and subsistence allowance for the time spent on such journey. If any convict, at the time of the release, has less than two rupees, apart from travelling and subsistence allowance in his possession, the grant made under this rule shall not exceed an amount equal to the difference between the sum already in possession of the prisoner and five rupees. ### 656. The privilege of permitting the use of books by prisoners. (1) Libraries will be maintained in all Jails for the use of prisoners, and the rules pertaining to such libraries will be posted in the room where the library is kept. (2) Every educated prisoner, who is well behaved, may be allowed a book to read on Sundays or during the hours of rest on other days; such book may be supplied from the Jail library or by any person outside the jails : Provided that the Superintendent sanctions the indulgence and, in each case, approves of the book. (3) Every prisoner may, with the sanction of the Superintendent, have in his possession a book or books of a purely religious character. (4) A book allowed for the use of any one prisoner shall not be given to any other prisoner. (5) The Superintendent may, at any time, for any sufficient reason, withdraw from any prisoner any privilege conferred under this rule. Chapter XXI Cells and the Treatment of Prisoners Therein ------------------------------------------------------------- ### 657. Cancelled. ### 658. Construction of cells. (1) A sufficient number of cells for all purposes should be provided in every jail. Each cell for solitary confinement should have a yard attached to it where the occupant can have the benefit of fresh air without the means of communicating with any other prisoner; suitable means for ablution and sanitation should also be provided. (2) Cells intended for separate and cellular confinement should have a general yard in which the occupants can wash themselves, be fed in association, allowed to take exercise or relieve nature. (3) The outer door of every cell yard should have an eye-hole at a convenient height, so that the occupant can be seen without knowing that he is being observed; the cell door should be iron grated. ### 659. The purpose for which cells may be used. - Cells may be used for - (a) carrying out sentences of solitary confinement ordered on a warrant; (b) the separate and cellular confinement of prisoners as a jail punishment; (c) the medical observation of those suspected of being insane, or the accommodation of noisy, dangerous or other lunatics whom it is advisable to keep apart; (d) the separation of prisoners; (e) the medical observation and separation of prisoners suspected of malingering, causing sickness or injury to themselves by the use of deleterious substances, or who are suffering or suspected to be suffering from any contagious or infectious disease; (f) the confinement of prisoners condemned to death; and (g) quarantine. ### 660. An officer to be withiin hearing of prisoners in cells. - During the day time an officer of the jail shall always remain within hearing of every prisoner confined in a cell, to ascertain and attend to his lawful requirements. A strict watch shall be kept over all such prisoners to prevent them committing any act which is forbidden. ### 661. No prisoner to be placed in a cell without a written order. (1) No prisoner shall be placed in separate cellular or solitary confinement without an order from the Superintendent recorded in his history-ticket. (2) No prisoner shall be kept separate in a cell either by night or day without an order similarly recorded by the Superintendent or Deputy Superintendent. ### 662. Ticket to be posted on door of occupied cell. - Whenever a cell is occupied by any prisoner a ticket (Form No. 88) showing particulars of the prisoner confined therein shall be posted on the exterior of the cell-yard door. ### 663. The search of prisoners in cell. - Every prisoner shall before being placed in a cell, be carefully searched and, all articles likely to aid escape or suicide shall be taken from him; the cell shall also be searched. All cells and prisoners confined therein shall be carefully searched at lock-up time each day, and oftener, if necessary. ### 663A. When a condemned prisoner is received in a jail on transfer or otherwise and before he is placed in his cell, the Deputy Superintendent shall himself personally be responsible that the prisoner's shoes are taken from him and replaced by a pair provided from the stock maintained in the jail. ### 664. Precautions to be taken with prisoners in cells at night. - The presence of every prisoner in his cell shall be ascertained at each change of guard. In the case of sickness, notice shall be given by the prisoner to the patrolling officer who shall report the matter to the Medical Subordinate and Deputy Superintendent. If necessary, the prisoner may be removed to hospital and the Superintendent and Medical Officer informed of the circumstance at their next visit. A warder by day shall have custody of the keys of the cell and they shall be kept in the key almirah at night (the means of opening which are in charge of the patrolling officer), so that they may be always available at times of sudden illness or other emergency. In the case of an attempt at suicide by any prisoner the cell should be opened at once and, the attempt frustrated. ### 665. Only one occupant in each cell. Exception. - When a prisoner is seriously ill in a cell and it is unsafe owing to the nature of the disease from which he suffers to have him removed to hospital, the Superintendent may, on the recommendation of the Medical Officer, permit one attendant to remain with him. In no other instance shall two prisoners be permitted to occupy the same cell. ### 666. Visits to prisoners in cells. - Every prisoner occupying a cell shall be visited by the Head-warder on duty or the patrolling officer, at least once every two hours during the day and night. Officers when relieving guard shall visit each cell and satisfy themselves that all the prisoners are present. ### 667. Bedding of prisoners in cells. Cell to be kept clean. (1) The bedding of every prisoners in a cell shall, subject to any order given in special cases by the Medical Officer, be exposed to the sun and air daily when the weather permits. (2) Every occupant of a cell shall be responsible for its cleanliness. ### 668. A convict servant may enters cell. - A convict-servant may, when accompanied by a warder and his services are required therein, be permitted to enter a cell. ### 669. Kinds of labour prohibited in cells, grinding mills. (1) The forms of labour selected for cells should as far as possible, be such as will not facilitate escapes or suicides. If it is necessary to employ prisoners on other tasks, special precautions should be taken. (2) Grinding mills in cells should be raised about 4 feet off the ground on masonry pillars into which the lower stone should be firmly fixed. The upper stone should not be allowed to remain in the cell after the day's work is over. Chapter XXII Labour and Jail Industries -------------------------------------------- ### 670. Length of working day. Fortnightly weighments. (1) No criminal prisoner sentenced to labour or employed on labour at his own desire shall, except in an emergency with the sanction in writing of the Superintendent be kept to labour for more than nine hours in any one day. (2) The Medical Officer shall from time to time examine the labouring prisoners while they are employed and shall at least once in every fortnight cause to be recorded upon the history-ticket of each prisoner employed on labour the weight of such prisoner at the time. (3) When the Medical Officer is of opinion that the health of any prisoner suffers from employment on any kind or class of labour such prisoner shall not be employed on that labour, but shall be placed on such other kind or class of labour as the Medical Officer may consider suited for him. ### 671. Day on which convicts are exempt from labour. (1) No prisoner shall be required to perform any labour, other than such as may be necessary for the conduct of the internal management and domestic economy of the jail or to meet any call of emergency, on any of the following days, namely - (1) All Sundays. (2) Christmas Day. (3) Good Friday. (4) Bisakhi. (5) Dusehra. (6) Guru Nanak's birthday. (7) Holi. (8) Dewali. (9) Independence Day. (10) Mahatma Gandhi's birthday. (11) Guru Gobind Singh's birthday. (12) Republic Day. In addition, the Muslim prisoners shall not be required to perform labour on the following days :- (1) Id-ul-Zuha. (2) Id-ul-Fiter. (3) Id-i-Milad. (2) The Inspector-General may with the previous sanction of the Local Government, by general or special order in that behalf, exempt any prisoner or class of prisoners, or all prisoners generally, from labour on any particular day or days other than those specified on clause (1). ### 672. Entries with regard to labour in the history-ticket. (1) Upon the admission of every convict sentenced to rigorous imprisonment, the Medical Officer shall at the time of complying with the provisions of sub- section (2) of Section 24 of the Prisons Act, 1894, by entering the class of labour (if any) for which such convict is fit in the prescribed book, cause a similar entry to be made in the history-ticket of the prisoner. (2) The Medical Officer shall, from time to time, in complying with the provisions of sub-section (2) or sub-section (3) of Section 35 of the Prisons Act, 1894, cause to be entered in the history-ticket of every prisoner, any direction as to the employment of such prisoner or the class of form of labour on which he is to be employed, which he may deem fit to give. (3) No prisoner shall be employed on any kind or class of labour which the Medical Officer considers unsuitable or for which that officer considers him unfit, or shall be subjected to any labour unless the Medical Officer certifies his fitness for the same. ### 673. Hours of rest from labour to vary with the season. - No convict who is under sentence of rigorous imprisonment, or who is employed on labour at his own desire, shall be required to work - (a) if a member of a convalescent or special gang - between the hours of 12 noon and 2 p.m. throughout the year; (b) if not a member of a convalescent or special gang - between the hours of 12 noon and 2 p.m. from the 15th of April to the fifteenth of September (both days inclusive). Prisoners employed in the Lahore Central Jail Press, however, will observe the following hours :- \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| \| 15th April to 31st May \| 1st June to 15th August \| 16th August to 15th September \| 16th September to 14th April \| \| Working hours \| 6.30 A.M. to 2.30 P.M. \| 6 A.M. to 2 P.M. \| 6.30 A.M. to 2.30 P.M. \| 8 A.M. to 4.30 P.M. \| \| Recess \| 1/2 hour (11 to 11.30 A.M.) \| 1/2 hour (10.30 to 11 A.M.) \| 1/2 hour (11 to 11.30 A.M.) \| 1 hour (12 Noon to 1 P.M.) \| \| NET WORKING TIME \| 7-1/2 hours \| 7-1/2 hours \| 7-1/2 hours \| 7-1/2 hours \| ### 674. One hour daily allowed for Mid-day parades. - The periods of rest prescribed under the preceding rule, are to be in addition to one hour allowed daily at 11 A.M. to all prisoners throughout the year for the midday parades and rest. ### 675. Hours for commencing and stopping work. - Prisoners shall commence work as soon as the morning parades and distribution into gangs are completed, that is, usually about an hour after the opening of the wards; and in the afternoon work shall be stopped about an hour before sunset according to the season : [Provided a special gang may be allowed to work in the garden with the previous approval of Inspector-General of Prisons between the hours of sunset and sunrise. The Superintendent shall make adequate arrangements for the safe custody of such prisoners.] [Correction slip No. 5.] ### 676. Prisoners locked up during hours of rest. - During the hours of rest, prisoners shall be locked up in their sleeping wards, or in their work- shops, if the latter are suitable and secure. ### 677. Classes of labours. - The labour to which convicts may be put shall be of three classes, namely, hard labour, medium labour, and light labour, respectively. ### 678. Description of works: labour task to be fixed. - Subject to the provisions of Chapter VII of the Prisons Act, 1894, the Inspector- General may, with the sanction of the Local Government, from time to time prescribe, whether generally in respect of all jails or specially in respect of any particular or class of jails, the descriptions of works to be carried on, and the labour-tasks to be fixed, in respect of each class of labour specified in the preceding rule. ### 679. Tasks to be imposed on female and juvenile convicts. - The task to be imposed on any adult female or juvenile convict, shall not in any case exceed two-thirds of the maximum task for hard labour and medium labour respectively prescribed in respect of adult male convicts : Provided that in estimating the tasks for juveniles the period occupied in instruction shall be deemed to have been occupied in labour. ### 680. Forms of labour and classification of labour tasks. - Under the authority of paragraph 678, the various forms of labour to be carried on and the tasks in each case (in so far as they admit of being fixed) to be exacted from convicts sentenced to labour in the jails of the Punjab are as follows - \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| Manufacture or main head of service \| Detailed description of work \| Classification of Labour \| + \| + \| Remarks \| \| \| \| \| Hard \| Medium \| Light \| \| \| 1. \| Aloe factory \| Pounding leaves to extract fibre Aloe ban \| 1-1/2 seers dry fibre 12 chittacks \| 3/4 seers dry fibre 10 chittacks \| : 8 chittacks \| Per man Per man \| \| 2. \| Basket making \| Baskets to carry 20 to 25 seers of earth each \| .. \| 10 baskets \| .. \| Per man \| \| 3. \| Blacksmiths' work \| Various \| According to task \| According to task \| .. \| Per man \| \| 4. \| Blanket making \| Felting blankets including sewing or hemming Weaving blankets 10-1/2 feet X 5-1/2 feet yarn No. 25 reed No. 9, weight 2-1/2 seers per blanket on fly shuttle loom Weaving blankets full breadth, on country loom Weaving blankets 13 feet wide, on country loom Sizing and dressing of Warps, prepared by primitive methods Taimar (weft supplier) Warping of blankets by primitive methods 50 yards Warping of blankets by mill warping machine with bearing Opening worsted machine made Opening worsted hand spun. Spinning woollen thread Sizing and dressing of warps prepared by primitive methods Sewing blankets (Hemming) Heald knitting Reed making Teasing kho Weaving of leg patti cloth for warders, 7 inches wide, woollen yarn No. 10 reed No. 26 on primitive loom \| 3-1/2 blankets 20 yards 20 yards 20 yards 1 warp \| .. 15 yards 15 yards 15 yards 3 warp 4 warp 5 seers 3 seers 5 chittacks 3 warp 12 blankets 1 set 2 pieces 12 chittacks 25 yards \| .. … … … ... … 3 seers 2 seers 3 chittacks 8 blankets 8 chittacks 20 yards \| .. Per man Per 2 man Per man One man to 2 looms Ditto Per Three men Per man Per man Per man Per man Per man Per man Per man Per man Per man \| \| 5. \| Book binding \| Various special tasks \| According to task \| According to task \| According to task \| \| \| 6. \| Brick making \| Loading and unloading bricks \Pounding surkhi from hard bricks Breaking hard bricks for road metal Moulding 1st class bricks 9"x4-1/2"x3" Moulding 2nd class bricks, 9"x4- 1/4"x3" Assistant to Moulder Carrying clay to moulder Preparing clay for moulder Carrying bricks, 9"x4-1/2"x3" \| About 1,000 bricks 4 cubic feet 20 cubic ft. 1,000 bricks 1,500 bricks … 1 to each moulder ... 1,000 bricks 40 yards \| 2 cubic ft 15 cubic ft 700 bricks 1,000 bricks 3 to each moulder \| \| Per man Per man Per man (A fair day's work) (A fair day's work) Per man \| \| 7. \| Bhabbar Factory \| Bhabbar ban Bhabbar ban on machine Bhabbar Mats \| 3 seers 8 mats \| 2-1/2 seers 30 seers 5 mats \| 1 seer \| Per man Per man Per 6 men \| \| 8. \| Carpentry \| Various tasks \| According to task \| According to task \| 4 mats \| Per man \| \| 9. \| Carpet Factory \| Preparing warp, opening cotton yarn Making warp of carpet Fixing and dressing warp Opening and reeling thread Twisting cotton yarn. 4 fold No. 10 Twisting cotton yarn, 6 fold No. 10 Weaving Turkish carpet 16x14 stitches in an inch Weaving Turkish carpets 14x12 or 12x12 stiches in an inch Weaving Turkish carpets 8x9 or 9x10 stiches in an inch \| \| According to task 16 rows 18 rows 20 rows \| 4 seers Task depends on quality of carpet 14 chittacks 1 seer \| Per man Per man Per man Per man Per man Per man Per man Per man \| \| 10. \| Carrying or hauling \| Carrying or hauling earth, stones, water, wood, etc. \| Depends on load and distance \| ... \| ... \| \| \| 11. \| Chick factory \| Making sarkanda chicks Making bamboo chicks Making khajji chicks Making fine chicks Sewing of chicks Tiles of chicks fine Tiles of chicks coarse \| \| 30 square feet 20 square feet 6 square feet 6 square feet 100 feet 1-1/2 seets 8 seers \| \| Per man \| \| 12. \| Chopping wood \| Chopping firewood \| 8 mounds (task depends on quality) \| \| \| Per man \| \| 13. \| Cleaning lamps \| Cleaning and trimming lamps \| ... \| \| 100 lamps \| Per man \| \| 14. \| Clerical work convict officers \| ... \| ... \| \| Cannot be tasked \| \| \| 15. \| Cook house \| Cooking for prisoners \| 1 cook to 30 prisoners for 300 prisoners and 1 cook to 40 prisoners for more than 300 prisoners \| 1 cook to 25 prisoners \| \| \| \| 16. \| Cotton factory \| Weaving garah 2 feet wide. Reed No. 36, yarn No. 12- 1/2 S. weight 4-1/2 seers (50 yards) on primitive loom. Weaving garah 2 feet wide. Reed No. 36, yarn No. 12-1/21 S. weight 4-1/2 seers (50 yards) on fly shuttle loom Weaving garah 2 feet wide. Reed No. 36 yarn No. 12-1/2 S. weight 4-1/2 seers (50 yards) on Hattersley loom Weaving Dosuti 2 feet wide yarn No. 14. S. Reed No. 36. Weight 6-1/2 seers on primitive loom Weaving Dosuti 2 feet wide yarn No. 14-S. Reed No. 36. Weight 6-1/2 seers on fly shuttle loom \| 10 yards 20 yards 25 yards 12 yards 25 yards \| 8 yards 15 yards 20 yards 9 yards 20 yards \| \| Per man Per man Per man Per man Per man \| \| 16. \| Cotton Factory \| Weaving Dosuti 2 feet wide yarn No. 14-S. Reed No. 36. Weight 6-1/2 seers on Hattersely loom Weaving Romals 26"x36" Yarn No. 20-S. Reed No. 44. Weight of 50 Romals 3-1/2 seers on fly shuttle loom Weaving Romals 26"x36" Yarn No. 20-S. Reed No. 44. Weight of 50 Romals 3-1/2 seers on Hattersley loom. Bandage cloth 16 inches wide. Yarn No. 10. Reed No. 44. (1 in a dent). Weight of 50 yards 2-1/2 seers on primitive loom. Bandage cloth 16 inches wide. Yarn No. 10. Reed No. 44 (1 in a dent.) Weight of 59 yards 21 seers on fly shuttle loom Bandage cloth 16 inches wide. Yarn No. 1 Reed No. 44 (1 in a dent). Weight of 50 yards 21 seers on Hattersely loom. Wraping (Dosuti and Garah) by primitive methods 50 yards long. Warping (Dosuti and Garah) by Cage creel. Warping (Dosuti and Garah) by primitive method; 50 yards long, by mill warping machine including beaming Warping of Bandage cloth by primitive methods. Warping of Bandage cloth by Cage creel. Warping of Bandage cloth by mill warping machine. Weaving Turkish towels 3"x2". Particulars the same as item ``Weaving Dosuti''. Weight 5 chittacks per towel \| 30 yards 20 yards 25 yards 25 yards 35 yards 45 yards \| 25 yards 15 yards 20 yards 20 yards 30 yards 40 yards 1 warp 5 warps 6 warps 2 warps of 100 yards each 8 warps of 100 yards each 6 warps of 100 yards each 3 feet \| \| Per man Per man Per man Per man Per man Per man Per man Per man One man with one assistant Per man Per man One man with one assistant \| \| 16. \| Cotton Factory concld. \| Weaving Turkish towels 4"x2-1/2" Particulars the same as item ``Weaving Dosuti.'' Weight 10 chittacks per towel Prin winding by Charkha for primitive looms Prin winding by Charkha for fly shuttle loom Prin winding by Charkha for Hattersley loom Bobbin winding by Charkha Drafting and denting Reed making Weaving tape inch yarn No. 10-S, six fold Garah Dusters (2'x2') Particulars as item ``Weaving Garah'' on primitive loom Garah Dusters (2'x2'), particulars as item ``Weaving Garah'' on fly shuttle loom Garah Dusters (2"x2"), Particulars as item ``Weaving Garah'' on Hattersley loom Heald knitting Kanemar (Assistant to Kana) for stretched warp. Making punis \| 10 yards 20 yards 25 yards 3 seers \| 2 feet 50 yards 8 yards 15 yards 20 yards 2-1/2 seers \| 5 looms 3 looms 2 looms 10 knots 1-1/2 warps 1 reed 30 yards 1 set 1 man to 3 looms \| Per man Per man Per man Per man Per man Per 2 men Per man Per man Per man Per man Per man Per man Per man Per man Per man Per man \| \| 17. \| Durrie Factory \| Weaving durrie flowered Weaving durrie, plain Weaving durrie, with borders Weaving fine Monogolian Durrie Weaving durrie, striped Assistant to Duries Weaver \| \| 12 inches 32 Inches 30 inches 28 inches 3-1/2 inches 1 man to 5 weavers \| \| Per man Per man Per man Per man Per man Per man \| \| 18. \| Dyeing \| ... \| ... \| According to task \| According to task \| \| \| 19. \| Excavation \| Digging canal Digging Foundations \| 10 to 60 cubic feet according to depth and distance 100 cubic feet \| 60 cubic feet \| \| Per man Per man \| \| 20. \| Gardening \| Digging with Kussi 1 foot deep, dry hard soil Digging with Kussi 1 foot deep, moist soil Ploughing Weeding Drawing water by persian wheel and bullocks Loosening soil, sowing or cutting vegetables \| 250 cubic feet 400 cubic feet 680 square yards \| 150 cubic feet 200 cubic feet 1 man for bullocks According to task \| 36'x9' According to task \| Per man \| \| 21. \| Grain preparing \| Storing and weighing grain Cleaning grain Grinding wheat for atta to be shifted through a zinc sifter, 12 holes to the inch Grinding makki for a tta to be sifted through a zinc sifter 12 holes to the inch Grinding barely for atta to be sifted through a zinc sifter 12 holes to the inch Grinding bajra for atta to be sifted through a zinc sifted, 12 holes to the inch Grinding dal for husking Winnowing and cleaning dal Shifting wheat flour fine Shifting wheat flour, coarse \| According to task 18 seers 15 seers 15 seers 25 seers ... ... \| ... 8 mounds 12 seers ... … 15 seers 1 maund --- 3 maunds 6 maunds \| ... 4mounds … ... … … … 5 maunds 2 maunds 4 maunds \| Per man \| \| 22. \| Haircutting \| Cutting the hair of convicts \| ... \| .... \| To cut the hair of 50 prisoners \| Per man \| \| 23. \| Hospital \| Attendant on sick \| ... \| ... \| 1 attendant to 10 patients \| Per man \| \| 24. \| Jute and gunny factory \| Combing by hand Bobbin winding for warping Warping Beaming Weaving by hand Bag sewing \| .... … … … 18 yards 40 bags 28"x40" \| 1-1/2 maunds 8 looms 3 warps 6 warps 14 yards 25 bags 28"x40" \| .... 4 looms … … 8 yards 15 bags 28"x40" \| Per man \| \| 25. \| Leather Work \| Making shoes (Indian) \| ... \| 1 pair \| ... \| Per man \| \| 26. \| Masonry and repairs \| Building pacca wall up to 3 feet Building pacca wall above 3 feet Building kacha wall up to 3 feet Building kacha wall above 3 feet Attendant to mason Mud plastering with bhusa Leeping with gobri Building mud wall (phuska) \| 25 cubic feet 20 cubic feet 50 cubic feet 35 cubic feet … 150 square feet 300 square feet 75 cubic feet \| 15 cubic feet 12 cubic feet 30 cubic feet 20 cubic feet 3 men to 2 masons 100 square feet 200 sqare feet 50 cubic feet \| … .... .... … .... .... .... … \| Per man Per man Per man Per man Per man Per man Per man Per man \| \| 27. \| Money bags \| Making bags for Rs. 1,000. Making bags for small change \| .... .... \| … .... \| 1 bag 1/8 bag \| \| 28. \| Munj factory \| Weaving munj durrie, 2 feet wide Assistant to weaver Chaining edges of munj matting \Pounding munj, fine \\Spinning ban munj, fine \| 10 feet ... .... 8 seers \| 8 feet 1 man to 3 weavers 20 feet 6 seers 10 chittacks \| 6 feet .... 6 chittacks \| \| 29. \| Oakum \| Picking oakum by hand \| 2 lbs. picked \| 1 lb. picked \| 1/2 lb. picked \| Per man Per man Per man \| \| 30. \| Oil factory \| Cleaning mustard seed Castor oil special tasks for the Lahore Central Jail \| ... According to task \| 10 maunds According to task \| 5 maunds According to task \| \| 31. \| Paper making \| Washing pulp Pounding material (jhandar) Cutting tat Cleaning paper (jhadar) Sizing Drying Jugal (English cuttings) Jugal (Country cuttings) Polishing paper, A quality Polishing paper, B quality Cutting Polished paper by hand Sorting and binding Vatman A quality paper Vatman B quality paper Envelope making \| 2 maunds 20 seers 20 seers … … .... 10 seers 20 seers 3 to 3-1/2 quires 3- 1/2 to 4 quires 2 reams .... 11 quires 12 quires 500 \| 1 maund 10 seers 15 seers 10 seers … … .... 7 seers 15 seers 2 quires 2-1/2 quires 1-1/4 reams 7 quires 7 quires ... \| ... ... … 2 reams 1 ream 1 ream .... .... .... .... .... 1 ream … ... \| Per 2 men Per 3 men Per man Per man Per man Per man Per man Per man Per man Per man Per man Per man Per 2 men Per man during quarantine \| \| 32. \| Patha Factory \| Patha ban from unpounded patha Patha ban from pounded patha Making patha mat \| .... .... .... \| 2-1/2 seers 1-1/2 seers 25 feet \| .... .... ... \| Per 2 men \| \| 33. \| Pottery \| Making lotas or tinds Making gharas Making matkkas or naunds Other articles of pottery-special tasks for the Lahore Central Jail \| … … .... According to task \| 100 lotas 15 to 20 gharas 6 to 8 matkas According to task \| .... .... .... According to task \| Per 2 men \| \| 34. \| Punkha \| Pulling office punkhas \| .... \| ..... \| Cannot be tasked \| \| \| 35. \| Road repairing \| Breaking up old road, relaying with metal 6 inches deep and remining \| 70 square feet \| 50 square feet \| .... \| Per man \| \| 36. \| Scavening \| Removing night soil, &c. \| 1 man for 50 prisoners \| 1 man for 30 prisoners \| .... \| Per man \| \| 37. \| Stone breaking \| Breeking hard stones for road metal \| 6 cubic feet \| 3 cubic feet \| ... \| Per man \| \| 38. \| Straw mat-making \| Making straw sleeping mats \| ..... \| 8 mats \| 6 mats \| Per man \| \| 39. \| Sweeping \| Sweeping the surface and keeping the premises tidy \| .... \| ..... \| Cannot be tasked \| \| \| 40. \| Tailoring \| Making dosuti or garah coats by hand Making blanket coats by hand Making junglas by hand Making articles of clothing with sewing machine - special tasks for Montgomery Central Jail Making tents and warders' uniform by hand and machine - special tasks for the Lahore Borstal inistitution \| .... .... .... According to task \| 4 coats 3 coats 10 junglas According to task According to task \| 3 coats .... 6 junglas According to task According to task \| Per man \| \| 41. \| Tin work \| Various \| \| According to task \| According to task \| \| \| 42. \| Washing \| Washing hospital clothing or washing for warders \| .... \| Cannot be tasked \| ..... \| \| \| 43. \| Water lifting \| Lifting water by hand power \| Depends on lift and number of men \| Depend on lift and number of men \| ...... \| \| ### 681. Procedure when a form of labour not specified is carried on. -When any form of labour not specified in the foregoing table and not carried on as a regular jail industry is performed by any prisoner, or the form of labour is specified but a definite task is not given, the Superintendent shall, in consultation with the Medical Officer, fix the tasks when this admits of being done. Note - The task fixed in any case should not be less than three- fourths of the task which can be performed by a free labourer. ### 682. Time to be given to acquire skill. - Every convict on being first put to do any kind of work with which he is not acquainted, shall be allowed a reasonable time (to be fixed by the Superintendent), in which to acquire the necessary skill to enable him to perform the full task. Mental and physical capabilities must be taken into consideration. The time will vary from a few days in the case of grinding or oil-pressing which require but little skill, to three or four months in the case of weaving or carpet-making which require a good deal of skill and a fair amount of intelligence. In every case when allotting new work, the Superintendent, or subject to his control, the Factory Manager, or Deputy Superintendent, shall note on the convict's history-ticket the task he is to begin with and every subsequent increase up to the full task. ### 683. Frequent change of work to be avoided. - Frequent change of work, except on medical grounds, should be avoided, but the same form of hard labour should not be exacted indefinitely without variation, and sedentary work should occasionally be changed for work involving more general movement. Every Superintendent and Deputy Superintendent should make himself acquainted with the tasks fixed for the various industries carried on in his jail. Note. - Specially severe forms of labour such as oil pressing, blanket felting, jagai and the like should not be exacted continuously from any convict for more than a fortnight at a time, a reasonable interval being allowed to elapse before the convict is again placed on the same labour or labour equally severe. ### 684. Tasks to be measured or weighed. - Whenever the material given to a prisoner to work upon, admits of measurement or weighment, it shall be measured or weighed out to him before he begins to work. ### 685. Work done to be measured and entered daily. - Before the prisoners leave their places of work in the afternoon, the Factory Manager or Deputy Superintendent and Head-warders shall measure and mark off the work done by each prisoner and note the same against his name in the labour register. The entries in this register may be made in the vernacular and, in large jail, by an educated convict. If in any case, owing to the nature of the work, the task cannot be taken daily it should be taken whenever it is possible to do so. ### 686. Means and appliances for labour to be provided. (1) In every jail proper means and appliances shall be provided for exacting hard labour, medium labour and light labour, respectively, from convicts who are liable and fit to undergo such labour. (2) In every jail proper means and appliances shall be provided for voluntary employment of convicts sentenced to undergo simple imprisonment, as provided in Section 36 of the Prison Act, 1894. ### 687. Hardest suitable form of labour to be exacted proviso. Profit not to be considered. (1) Every convict sentenced to undergo rigorous imprisonment shall ordinarily be employed on hard labour of such kind as is most suitable and for which he is for the time being fit and no such convict shall be put on medium labour so long as he is fit to perform hard labour, or on light labour so long as he is fit to perform either hard or medium labour : Provided that no convict of the casual class shall ordinarily be required to perform a full task of hard labour during the first month after his admission to jail, and that every convict of the habitual class shall, throughout the period of imprisonment to which he is sentenced, be required to perform the several forms of hard labour which he is, due regard to health capable of performing. (2) No consideration of profit or convenience shall be permitted to influence the class or form of labour which any convict sentenced to undergo rigorous imprisonment is at any time required to perform, and the class and form of labour which every such convict is at any time required to perform shall be fixed with reference solely to the health of the convict and the regulations of the jail in regard to the employment of prisoners. ### 688. How convict-labour may be employed. - Convict-labour shall ordinarily be employed to supply - Firstly, - the requirements of the jail and of the jail department; Secondly, - the requirements of the Government in any other respect; and Thirdly, - other demands which the Inspector-General may from time to time approve. ### 689. Manufacture of articles for sale. (1) When the requirements of the jail and other departments have been met to the fullest extent it is possible to meet them, prison labour may be employed in the manufacture of such article as will be least likely to compete with any local industry for sale to the public at current market rates. (2) Traders, wholesale and retail, should be dealt with, in preference to consumers amongst the public. [Note 1. - When market rates do not exist or cannot be ascertained the price of jail-made articles must be calculated and must always include -] [Resols. Nos. 20-1406-19 of 22-9-1882 and 10-605-18 of 7-5-1886.] (a) the price of the raw materials; (b) the wages of jail labour, rated according to the wages of free labour of the same class in the neighbourhood and with due regard to its inferiority; (c) a percentage for wear and tear of plant; and (d) a percentage on account of profits. Note 2. - In the case of articles supplied to Government or to the public the percentage on account of profits may ordinarily be fixed at 10 per cent on the cost of the raw material and labour; if the price thus found are below the ordinary rates at which the goods could be procured by the same class of purchasers in the open market they must be raised to at least such market rates. Note 3. - In case of cotton goods, the equivalent of 2-1/2 per cent (duty) must be added in computing the selling price unless the result is to raise the rate above those prevalent in the open market. Note 4. - These restrictions do not apply to District Boards and Municipal Committees and Corporate Bodies like the Punjab State Electricity Board etc., which for purposes of sales on credit on the same footing as Government institutions. No credit is to be allowed to private purchases (jail official or others). Note 5. - A price list of the articles manufactured in every jail is to be prepared and exhibited in the office. This must be revised from time to time as may be necessary. ### 690. [ Supply of articles to Government Department. [Resol. No. 0-1406-19 of 22-9-1882 and 10-605-18 of 7-5-1886.] - Government has directed the various departments under its control to obtain such articles as they require from jails, provided they are supplied of the same quality and at the same price as in the open market; this should be borne in mind when selecting jail industries. Only in the event of its being impossible to meet the requirements of Government in any department shall an industry which competes with free labour be worked in any jail.] Note. - The value of the labour of prisoners employed to all work and on the manufacture of all articles for the maintenance department of any jail, is not to be credited to jail receipts; the raw material expended is to be charged for only. ### 691. [ Distribution of industries in jails Machinery. Labour to be deterrent. [Resol. No. 10-610-23 of 9-11-1892.] - Large industries shall be concentrated in Central Jails where machinery may be employed, provided its use is not incompatible with the penal character of the labour and there is strong reason to believe that its introduction will not complete injuriously with private capitalists in the neighbourhood. The number of industries should be limited in every jail and the labour deterrent in character.] ### 692. How jail labour may be utilized. Convicts not to be employed on certain works. (1) Jail labour may be utilized - (a) for the preparation of building materials for the Public Works Department or for private sale, within the jail premises; (b) for the construction work under the Public Works Department in or near the Jail; and (c) with the previous sanction of Government, on large works at a distance from any permanent jail. (2) [ Prisoners shall not be employed on municipal works or hired out to private firms or individuals, nor shall jail labour be utilized on the construction or repair of road under the Public Works Department without the previous sanction of Government.] [Resol. No. 10-605-18 of 7-5-1886.] (3) No convict shall, unless he is willing to undertake the work, be employed on sinking or cleaning wells or on any other form of labour attended with danger. ### 693. Convict labour on jail building. - Convict labour shall be utilized to the fullest extent in the erection and repair of all jail buildings and in the preparation of materials for the same. ### 694. Other form of labour. - Convicts may with advantage be employed - (a) on brick, tile and surkhi manufacture; (b) as coolies to assist free skilled workmen; (c) on earthwork of all kinds; and (d) breaking stone and brick-ballast. ### 695. Prohibition against employment of small gangs of prisoners. (1) The employment of convicts in small gangs or batches, on petty works situate without the jail premises, is prohibited : Provided that this prohibition shall not be deemed to extend to the employment of prisoners on jail works, in the jail garden, or on duties connected with the management of premises occupied by officers of the jail, subject to such directions as the Inspector-General may, from time to time, give in that behalf. (2) Subject to such general or special directions as the Inspector-General may from time to time give in that behalf, convicts may be employed, without the jail premises, on public works which are at any time carried out under the supervision and control of the Department of Public Works or of a Local Authority. ### 696. Sanction of Superintendent to extramural employment. - No convict shall at any time be employed on any labour outside the jail walls or be permitted to pass out of the jail for the purpose of being so employed, unless and until the Superintendent shall have :- (a) sanctioned his being so employed; and (b) recorded, or caused to be recorded, on the prisoner's history- ticket, the fact that such sanction has been given. ### 697. Restriction on the employment of prisoners outside jail walls. - No convict shall at any time be employed on any labour without the walls of the jail :- (a) until he has undergone not less than one-twelfth of the substantive term of imprisonment to which he has been sentenced; (b) without the sanction of the Inspector-General, if the unexpired term of substantive imprisonment together with imprisonment (if any) in lieu of fine, to which he has been sentenced, exceeds two years; (c) if a sentence of whipping remains to be executed; or (d) if any other charge or charges are pending against him : Provided that clauses (a) and (b) shall not be deemed to apply to any jail established for the purpose of carrying out any public work. Note - Only prisoners who are of good character and who are not residents of foreign territory should be employed outside the jail. When there are more prisoners eligible than are actually required, those with the shortest unexpired sentences should be chosen. ### 698. Convicts to wear ankle ring. Certain prisoners not to be allowed out. - Convicts other than convict officers passed as eligible for work outside the jail shall be distinguished by a light iron ring securely riveted on the left ankle. Care must be exercised not to pass out any prisoner who has shown or is likely to possess any inclination to escape. ### 699. Employment of convicts in the garden. - Only casual prisoners with the shortest unexpired sentences should be employed in the jail garden. They shall be especially passed for such work by the Superintendent. No habitual prisoner shall be put to garden work except on the recommendation of the Medical Officer or when a sufficient number of eligible casual prisoner is not available. A gang of five prisoners and a convict officer may be employed in the garden of the Inspector-General of Prisons, Superintendent of a Central or District Jail and Superintendent, Borstal Institution and Juvenile Jail when these officers reside in quarters near the jail premises. If the Factory Manager or Deputy Superintendent is allowed to keep a garden the work in such garden shall be done by the regular gang and not by a detachment of it. Note (i) - If the concession results in an escape or abuse it will be permanently withdrawn. Note (ii) - For the purpose of District Jails this concession will apply only to the Jails as Ambala, Sialkot, Rawalpindi, Ferozepore and Lyallpore, Mianwali. ### 700. Restriction on the employment of convicts as menial servants. - The number of convicts regularly employed on services of a menial or domestic nature such as cooks, barbers, water-carriers, sweepers and the like shall not, without the special sanction of the Inspector-General, exceed :- (a) in a Central Jail or in a District Jail of the first or second class - ten per centum, and (b) in the case of any other jail - twelve per centum of the total number of prisoners for the time being confined in such jail. ### 701. Selection and limitation of menial servant. - Sweepers shall be chosen from the mehtar or similar caste. Prisoners of other castes may be employed as sweepers if they volunteer to do such work. The barber shall belong to the casual class. Hospital attendants shall be selected from those passed for light labour or who have completed at least half their sentences. If there are a large number of serious cases in hospital, the proportion of one attendant to ten patients may be temporarily exceeded. If any convict employed as a menial servant has not enough work to occupy his whole time, he should be placed upon some other work for the remainder of his time. ### 702. Water-carrier and sweeper gangs for officials quarter. - Small detachments of the sweeper and water-carrier gang may be permitted to clean out and supply water to the quarters occupied by jail officials (except those of the Superintendent), twice a day; each house shall be visited in turn and the prisoners not allowed to separate or lag behind. ### 703. No prisoner to be employed on private work or service. - No prisoner shall at any time be employed by any officer of the jail, or other person, on any private work or service of any kind whatsoever : Provided that nothing in this rule shall be deemed to prohibit the employment of any prisoner or any work carried on within the walls of the jail, in the ordinary course of any jail industry, with the knowledge and permission of the Superintendent and subject to the payment of the usual charges for such work. Explanation - For the purposes of this rule ``private work'' does not include the supplying of water to, or the cleaning of the quarters occupied by, any subordinate officer, under the orders of the Superintendent. ### 704. Employment of prisoners as clerks. - The employment of prisoners as clerks in jail offices is forbidden. The Inspector-General may sanction the employment of an educated prisoner to copy letters, prepare rolls, write up registers and other work having no connection with warrants, remissions or money transactions. A prisoner so employed shall be provided with a place for writing inside the main gate, and under the eye of a warder. He shall not be permitted to enter the jail office unless called before the Superintendent or an inspecting officer. A prisoner employed on clerical work shall receive no remission or gratuity for such work. ### 705. No prisoner to be allowed to visit the bazar. - No prisoner shall at any time, upon any pretext, or for purpose any whatsoever accompanied by warders or not, be permitted to proceed or visit any bazar or mart. ### 706. Charge of material for manufactures. - The raw material for manufactures shall be under the charge of a responsible officer, who shall issue each morning what is required for the day's work and receive into store in the evening the material which had not been used up. He shall also as far as possible, satisfy himself that there is no waste of material, but this shall not relieve the Factory Manager or Deputy Superintendent as the case may be, of the responsibility for the safe custody and proper disposal of the manufactory stores. ### 707. Contract for disposal of jail produce. - Contracts may, with the approval of the Inspector-General, be made with mercantile firms or individuals for the disposal of articles of jail produce or manufacture. (Regarding contracts for the purchase of stores see paragraphs 29 to 31). ### 708. Responsible officer to keep manufactory accounts. - All accounts relating to jail manufacture shall be kept by a responsible official, under the supervision of the Factory Manager or Deputy Superintendent. ### 709. Disposal of proceeds of employment of prisoners. - No officer of any jail shall at any time retain in his possession, or otherwise than under proper authority, dispose of :- (a) any article at any time supplied for use in any industry carried on in any jail, on manufactured by any prisoner, (b) any sum of money realised from or received on account of the sale of any such article or of the earnings of any prisoner, and the whole amount of every sum of money so realised or received shall as soon as may be paid to the credit of the Government in the nearest public treasury. Note - No expenditure is to be met from, or payment made out of, any sum of money realised by the sale of articles or received on account of the earnings of prisoners. All sums of money so realised or received are to be credited, as soon as possible, in the public treasury; expenditure being met from sums supplied, under proper authority, by the public treasury for the purpose. All jail earnings are to pass intact into the public treasury and accounts, so that every item of receipt and disbursement shall appear in those accounts and be subjected to proper scrutiny and control. ### 710. Adjustment of accounts with other departments. - Payment for all articles received from, or supplied to, any public department, irrespective of the amount, should be adjusted by book-transfer. (Article 111 of the Civil Account Code). Note - The cost of waste paper purchased from officers administering Local Funds should be paid for in cash. ### 711. How money is to be paid into treasury. - All moneys should be paid into the treasury under their appropriate headings and accompanied in each case by the form prescribed for the purpose. (Form No. 100) properly filled in. ### 711A. Yearly audit of the factory accounts. - The factory accounts of all district and central jails will be systematically audited once a year under the orders of the Accountant-General Punjab, by the Examiner of Local Fund Accounts, and a staff of peripatetic auditors. Chapter XXIII Sudden and Violent Deaths -------------------------------------------- ### 712. [ Report of death to be made to the police. [P.G. letter No. 203 of 8-7-1882.] - In every case of sudden or violent death or supposed suicide, or whenever there is any doubt or complaint or question concerning the cause of death of any prisoner, or whenever any prisoner dies from the effect of punishment or injury or within 60 days of receiving such punishment or injury, a report shall forthwith be made to the Police who are empowered to take action under Section 174 of the Criminal Procedure Code.] ### 713. Report to be made to the Inspector-General. - The Superintendent shall, in every instance in which an inquest may be held on the body of any prisoner confined in the jail, submit a full report of the circumstances of each case to the Inspector-General, together with a copy of the finding of the Magistrate who conducted the enquiry. ### 714. [ A Magistrate who is Superintendent not to hold an inquest. [P.G. letter No. 2378 of 27-6-1881.] - A Magistrate who is also the Superintendent of the Jail or acting as a temporary arrangement for the Superintendent shall not hold an inquest into the cause of death of any prisoner dying in jail of which he has charge at the time, unless there be no other duly authorised Magistrate available for the duty.] ### 715. Medical Officer empowered to make post mortems. - The following officers are empowered under Section 174(3) of the Criminal Procedure Code to conduct post mortem examination :- (a) All Civil Surgeons. (b) All Medical Officers holding collateral civil charges. (c) In respect of deaths occurring within the limits of the Montgomery and Multan Central Jails, and the Lahore Central and Female Jails and Borstal Institution, the Superintendents of those Jails being Medical Officers. (d) All Staff Surgeons. (e) All Assistant Surgeons. ### 716. Report to Superintendent and Medical Officer. - The Deputy Superintendent shall report the occurrence of the death of every prisoner from sudden or unnatural causes to the Superintendent and Medical Officer, as soon as possible after the event. ### 717. Body to be left in the position in which found. Exception. - On the occurrence of a sudden or violent death in a jail, the body shall, if life is extinct, be left in the position in which it was found until the arrival of the Magistrate and Medical Officer, but if it is not certain that death has taken place, measures shall be taken to restore animation and for this purpose the body may be removed from the position in which it was found. Chapter XXIV Transportation -------------------------------- (Orders in this chapter have been temporarily superseded by those in appendix XX) ### 718. Prisoners sentenced to transportation; how to be dealt with. - In every case in which a sentence of transportation is passed, the offender, shall be dealt with in the same manner as if sentenced to rigorous imprisonment and shall be held to have been undergoing his sentence of transportation during the term of his imprisonment. ### 719. [ Place of confinement for transportation of prisoners. [P.G. Notn. No. 31 of 5-1-1870. - G. of I. Notn. No. 410 of 18.6.1889. - P.G. letter No. 108 of 23.3.1891. - G. of I. Notn. No. 173 of 29.3.1894, - G. of I. Notn. No. 37 of 17.1.1900.] - Every prisoner sentenced to transportation for a term of year or for life, shall be transferred to and continued in one or other of the following jails which are constituted places for the detention of transportation prisoners within the Punjab, under Section 32 of Act III of 1900, namely :- The Central Jails at Ambala and Ferozepur, the Borstal Institution and Juvenile Jail, Faridkot, Women's Section, District Jail, Ludhiana, in the case of women prisoners and District Jail, Delhi.] ### 720. Cancelled. ### 721. Cancelled. ### 722. Cancelled. ### 723. Cancelled. ### 724. Cancelled. ### 725. Cancelled. ### 726. Cancelled. ### 726A. (1) Transportation prisoners be transferred to a transportation jail as directed in paragraph 719. (2) The cases of prisoners sentenced to transportation shall be referred for the orders of Government in accordance with the provision made in paragraph 516-B. ### 727. Cancelled. ### 728. Cancelled. ### 729. Cancelled. ### 730. Cancelled. ### 731. Cancelled. ### 732. Cancelled. ### 733. Cancelled. ### 734. Cancelled. ### 735. Cancelled. ### 736. Cancelled. Chapter XXV The Transfer of Prisoners ------------------------------------------ ### 737. Sanction for transfers outside the Provinc. (1) A prisoner who is a member of criminal tribe, or a prisoner who is a Police-registered criminal, not being a native of the province in which he is undergoing sentence, may be removed by order of the Inspector-General of Prisons of the province in which he has been undergoing sentence, at any time not exceeding two months prior to his release, either to the prison of the district to which he belongs or to the prison nearest to his native place. Notice shall in each case be given to the Inspector-General of Prisons of the province to which a prisoner is removed. Provided that if a Local Government appoints any prison or prisons as receiving depots for prisoners removed from other provinces, orders made under this rule shall in each case direct that the prisoners be removed to such prison. (2) Any prisoner, whose detention in a prison of the province in which he is undergoing sentence is deemed inexpedient, may be removed with the previous consent of Inspector-General of Prisons of the province to which it is proposed to remove him. (3) Any prisoner undergoing sentence in a prison in the Punjab, whose services by reason of his possessing special qualifications or a knowledge of special trades, are required for purpose of prison administration in the North-West Frontier Province, may be removed to any prison in the North-West Frontier Province by order of Inspector-General of Prisons of the Punjab. (4) Any European military or ex-military prisoner, undergoing a sentence imposed by a Civil Court; whom it is intended to remove from India, may be removed by order of the Local Government of the province in which he has been undergoing sentence, at any time not exceeding three months prior to his release to a prison at the port from which it is proposed that he should embark. (5) A prisoner, other than a European or transportation prisoner about to be deported, who is to be removed from the Punjab to any other part of British India, shall, unless express instructions to the contrary are given by competent authority, be transferred to the jail given against each Presidency Province or Local Administration as follows :- Madras - Bellary District Jail. Assam - (a) Gauhati for prisoners intended for the districts of Goalpora, Kamrup, Darrang, Nowgong, Sibsagar, Lakhimpur, Naga Hills, Khasi and Jainti Hills and Garo Hills. (b) Sylhet for those intended for the district of Sylhet, Cachar, the Lushai Hills, and Manipur State. Burma - Central Jail, Rangoon. North-West Frontier Province - Peshawar District Jail, for prisoners belonging to the Peshawar District including Mardan Sub-Division and the Political Agencies of Khyber, Dir, Swat and Chitral, Dera Ismail Khan Jail for prisoners belonging to the Dera Ismail Khan District and the Political Agency of South Waziristan, Bannu, District Jail for prisoners belonging to the Bannu District and the Political Agency of North Waziristan, Kohat District Jail for prisoners belonging to the Kohat District and the Political Agency of Kurram and Abbottabad Jail for prisoners belonging to the Hazara District. Bengal, Bombay, Central Provinces. United Provinces of Agra and Oudh. The District Jail of the district to which the prisoner belongs, and in case there is no District Jail in such district, to the Jail nearest his home. ### 738. Power of Inspector-General to transfer prisoners. - The authority of the Local Government or subject to its orders and control the Inspector- General to order the transfer from one jail to another within the province of any person sentenced to imprisonment or transportation or in default of giving security to keep the peace or maintain good behaviour, has been committed to or is detained in jail, is contained in Section 29, Act III of 1900, as amended by Act 1 of 1903. ### 739. Convict to be transferred to undergo sentence. - The following classes of convicts shall, with the sanction of the Inspector-General, be transferred, when necessary, to undergo sentence - (a) convicts sentenced to longer terms of imprisonment than the jails to which they are committed are authorised to detain; (b) convicts whose transfer is necessary to relieve or prevent over- crowding; (c) European convicts; (d) adolescent juvenile and female convicts; (e) convicts with special qualifications, when their services are required elsewhere; (f) convicts with influence in the district in which they are confined or who are violent or dangerous characters; (g) convict whose transfer is necessary for the benefit of their health; (h) leper convicts; and (i) convicts whose transfer for any other reason is necessary or desirable, whether owing to the insecurity of the jail, the character of the prisoner, or his possessing friends or relatives amongst the establishment. Transfer under clauses (a) , (b), (c) and (d) may be made in anticipation, when the matter is so urgent that it would be inadvisable to wait till sanction can be obtained in ordinary course. Note 1. - All male adolescent convicts under the age of 21 years with sentences of four months or over shall immediately on conviction be transferred to the Faridkot Borstal Institution in anticipation of the Inspector-General's sanction. Note 2. - All female prisoners with sentences of four months or over shall immediately on conviction be transferred to the Ludhiana Female Jail in anticipation of the Inspector-General's sanction. ### 740. Adult Indian male convicts where to be confined. - Subject to the limitation as the length of sentences hereinafter prescribed, adult male convicts who are Indian will ordinarily be detained for the purpose of undergoing their sentences in the Jails to which they are in the first instance committed or in the jails to which they may be transferred as hereinafter in the annexed table, provided in that behalf. Table showing the names of Jails the authorised term of sentences which may be undergone therein and the jail to which convicts may ordinarily be transferred therefrom. \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Sr. No. \| Name of Jail \| Authorised to retain prisoners sentenced to substantive term and imprisonment not exceeding \| Name of Jails to which the convicts sentenced to terms of imprisonment exceeding those specified in second column are to be transferred \| \| 1 \| 2 \| 3 \| 4 \| \| 1. \| Central Jail, Ambala \| All habitual convicts irrespective of sentences2. All casual prisoners3. All fermale prisoners irrespective of sentences \| Casual prisoners of Ambala exceeding three years but upto 7 years to Distt. Jail, Rohtak.2. Over 7 years to Distt. Jail, Hissar. \| \| 2. \| District Jail, Hissar \| 1. All casual prisoners irrespective of sentences \| 1. All habituals to Central Jail, Ambala.2. Casual prisoners over three years but upto 7 years to Distt. Jail, Rohtak.3. Over 7 years to Central Jail, Ambala \| \| 3. \| District Jail, Rohtak \| Casual prisoners upto 7 years \| 1. All habitual prisoners to the Central Jail, Ambala.2. Casual prisoners exceeding 3 years but up to 7 years to Distt. Jail, Hissar3. Over 7 years to Central Jail, Ambala. \| \| 4. \| District Jail, Karnal \| Casual prisoners upto 3 years \| 1. All habituals to Central Jail, Ambala2. All casual sentenced over 3 years and upto 7 years to Distt. Jail, Rohtak..3. All casuals exceeding 7 years to Central Jail, Ambala. \| \| 5. \| District Jail Gurgaon \| Casual prisoners upto 3 years \| 1. All habitual prisoners to Central Jail, Ambala2. All Juveniles and adolescents sentenced to 3 months or more to B.I.&J. Jails, Hissar.3. All women prisoners sentenced to 4 months or more to Central Jail, Ambala4. Casual prisoners with sentences exceeding 3 years.(a) upto 7 years to Distt. Jail, Rohtak.(b) Above seven years to Central Jail, Ambala \| \| 6. \| Sub Jail, Mohindergarh \| Casual prisoners upto 6 months \| 1. All habituals to Central Jail, Ambala.2. All casual prisoners upto 7 years to Distt. Jail, Rohtak.3. All casual exceeding 7 years to Central Jail, Ambala \| \| 7. \| Sub Jail, Dadri/Panipat \| Casual prisoners upto 3 months \| 1. All others convicted prisoners to Distt. Jail, Rohtak from where further distribution will be effected as per above instructions. \| \| 8. \| Sub Jail, Bhiwani/Sirsa \| -do- \| 1. All other convicted prisoners to Distt. Jail, Hissar from where further distribution will be effected as per above instructions. \| \| 9. \| Sub Jail, Palwal/Rewari/Narnaul \| Casual prisoners upto 3 months \| 1. All other prisoners to Distt. Jail, Gurgaon from where further distribution will be effected as per above instructions. \| \| 10. \| Sub Jail, Sonepat \| Casual prisoners upto 3 months \| 1. All other prisoners to Distt. Jail, Rohtak from where further distribution will be effected according to this table. \| \| 11. \| Sub Jail, Narwana \| Casual prisoners upto 3 months \| All other prisoners to Distt. Jail \| \| 12. \| Sub Jail, Jind. \| Casual prisoners upto 6 months \| from where further distribution will be effected according to this table \| \| 13. \| Sub Jail, Kaithal \| Upto 3 months \| All other prisoners to Distt. Jail, Karnal from where further distribution will be effected according to this table. \| Notes :- 1. All habitual prisoner with sentences of 3 months or more to be transferred to Central Jail, Ambala. ### 2. All women prisoners with sentence of 4 months or more are to be transferred to Central Jail, Ambala. ### 3. All adolescent prisoners with sentence of 3 months or more and all prisoners sentenced to be detained under the Borstal Act are to be transferred to B.I. & J. Jail, Hissar. ### 4. Habituals shall be kept separate from casual prisoners at Central Jail, Ambala. ### 741. Power of Inspector-General to detention and transfer. - Nothing in these rules, contained regulating the prisoners to be confined in each class of jails, shall be deemed in any way to interfere with the power of the Inspector-General, for sufficient reason, in his discretion, by general or special order, to direct that any class or classes of prisoners shall be confined in or transferred to any jail or class of jails. Note - For rules regulating the transfer of Europeans, Females and juveniles to undergo sentence, see the chapter dealing with these classes. Regarding lunatics see paragraphs 894 to 896. ### 742. Transfer of prisoners for purposes of release. - Every convict belonging to any of the classes specified in the table annexed to this rule shall, if confined in a jail other than the jail of the district in which he ordinarily resides and if fit to travel, be transferred, for purposes of release at the time and to the jail specified in the said table in that behalf. Showing the Jail to, And, The Time At Which Convicts of Each Class Are To Be Transfered Under This Rule \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Class of prisoner \| Purpose of transfer \| Jail to which the transfer is to be made. \| Period prior to the expiry of the substantive sentences at which the transfer is to be made. \| \| 1 \| 2 \| 3 \| 4 \| \| Females \| For release \| To the jails of the districts to which they belong or in case there is no jail in the District to which any prisoner belongs, to the jail nearest his home. \| Thirty days \| \| Juveniles \| Ditto \| \| \| \| P.R./T. Prisoners \| Ditto \| Ditto \| Sixty days \| \| Members of criminal tribes and police registered criminals not being natives of the Punjab \| Ditto \| To their native provinces \| Ditto \| \| P.R./T prisoners who are Resiidents of Indian States \| For release \| To the jails in British Territory nearest to their homes, (Government of India letter No.13-Jail/631 dated 7th November, 1893). \| Ditto \| \| Trans-frontier convicts of the Utkhee tribe \| For release \| To the Peshawar jail \| Ditto \| \| European ex-military convicts \| For embarkation prior to release \| To Bombay \| Thirty days \| \| Indian military prisoners \| For release \| To the jails of the districts to which they belong or in case there is no jail in the district to which any prisoner belongs, to the jail nearest his home. (G.I. letter No. 324 of 8th February, 1910 and P.G. endorsement No. 50 of 16th February, 1910). \| Ditto \| \| Prisoners sentenced to imprisonment for smuggling opium or cocaine, who are the residents of any district in the Province of Bengal, the United Provinces, Assam, Delhi, the Punjab \| Bihar and Orissa, the Central Provinces and the North-West Frontier Province. \| For release \| To the jails of the districts to which they belong \| \| Prisoners sentenced to imprisonment for smuggling opium or cocaine, who are residents of Indian States \| For release \| To the jails in British Territory nearest to their homes. \| Sixty days \| \| Members of notified wandering criminal tribes who have been sent to jail for a term of one year's imprisonment or more for any offences under the Criminal Tribes Act, 1911, or for any term under section 109 or 110, Criminal Procedure Code and non-bailable offences described in Chapters XII and XVII of the Indian Penal Code. \| Ditto \| To the Sub-jail, Amritsar, for delivery to Criminal Tribes Settlement on release \| Fourteen days \| \| All members of notified criminal tribes, both wandering and settled, who have 2 or more convictions under sections 109 or 110 of Criminal Procedure Code, non-bailable offences described in Chapters XII and XVII, Indian Penal Code, or Criminal Tribes Act, 1911. \| Ditto \| To the Sub-jail, Amritsar, for delivery to Criminal Tribes Settlement on release \| Fourteen days \| \| Members of Criminal Tribes other than those specified above. \| Ditto \| Jails of the districts in which they were registered. \| Thirty days \| Note 1. - The order of discharge of an ex-military convict from the army shall, if necessary, be anticipated on the assumption that the discharge will in fact be ordered in due course. Note 2. - EP.R./T. prisoners who are residents of districts in which there are Subsidiary Jails only should be transferred to the Subsidiary Jails in their home District a fortnight before their release. [Note 3. - Descriptive rolls of prisoners sentenced to imprisonment for smuggling opium or cocaine, who are residents of any district in the Provinces of Bengal, the United Provinces, the Punjab, Bihar and Orissa, the Central Provinces, Assam, Delhi and the North-West Frontier Province, shall be submitted in triplicate without delay to the Inspector- General who will sanction their transfer and at the same time inform Excise Bureau of this Province and that of the Province or Presidency concerned of the transfer, and furnish it with a copy of the Descriptive-roll.] ### 743. Procedure when a convict is unfit to travel. - Any convict who, by reason of illness, is not in a fit condition to travel at the time he would ordinarily be transferred for `release' but who subsequently becomes fit to travel, in time to allow him to reach his destination before his sentence expires, shall be transferred when he becomes fit to travel. ### 743A. Procedure when a EP.R./T. prisoner is unfit to travel. - If a EP.R./T. prisoner is unfit by reason by sickness, for transfer sixty days before his release, the fact shall be communicated to the Superintendent of Police of the district to which the prisoner belongs and also to the local Superintendent of Police. If the prisoner subsequently becomes fit for transfer in time to allow of his reaching the jail of his district before his release is due, he shall then be transferred. If when only a fortnight of his sentence remains to be served, he is still unfit for transfer, his EP.R./T. slip shall be given to local police with a note of the cause of his detention inscribed thereon, and on the day of expiry of his sentence he shall be discharged in the usual way. ### 744. Cancelled. ### 745. Prisoners not ordinarily to be transferred. (1) No convict shall be transferred from the jail to which he was in the first instance committed unless as a measure to prevent or relieve over-crowding and other convicts eligible for transfer are not available, or for some other equally important reason if he - (a) has appealed and the appeal has not been disposed of; (b) has not appealed and the time for appealing has not elapsed; (c) is confined in default of finding security, or (d) is confined in default of payment of fine; (2) [ The transfer of prisoners should be avoided so far as possible, during the months of May, June and July, and if transfers during these months cannot be avoided they should be as short as possible. In the case of such transfers due to general causes such as overcrowding, only such prisoners should be selected as are of good health, fit for hard labour and fit to stand the journey having regard to the length of the journey and the weather conditions. A man who might be sent on a short journey in March might not be fit to stand a long journey in June.] [P.G. No. 31089 - Jails, dated 1st November, 1928.] ### 746. Transfer of old, infirm and sick prisoners. (1) Convicts over 45 years of age or infirm convicts shall not be transferred without the special sanction of the Inspector-General. (2) An application for the transfer of a sick convict must be accompanied by a brief medical history of the case and a statement of the grounds for desiring his transfer. (3) The descriptive rolls of such prisoners shall be prepared separately from those of other prisoners. ### 747. Examination of prisoners prior to transfer. (1) All prisoners, previous to being removed to any other prison, shall be examined by the Medical Officer. Certificate of fitness. - (2) No prisoner shall be removed from one prison to another unless the Medical Officer certifies that the prisoner is free from any illness rendering him unfit for removal. ### 748. Prisoners not to be transferred when epidemic prevails. - No convict shall without the special sanction of the Inspector-General, be transferred from one Jail to another while cholera or any other epidemic disease is prevalent in either the transferring or receiving jail nor until the disease has disappeared for at least two weeks. Special precautions shall be taken to guard against infection when a transfer has to be made along a route where any disease of an infectious nature is known to prevail. ### 749. Convicts not to be transferred unless they can be received. - No convict shall be transferred to another jail until it is ascertained from the Superintendent of the jail to which it is proposed to transfer him, that he can be received. ### 750. Descriptive roll to be submitted. - With every application for sanction to transfer prisoners whether the transfer has been made in anticipation or not, a descriptive roll (Form No. 61) shall be submitted to the Inspector- General. The reasons for requiring the transfer should in all cases be stated. ### 751. Documents, &c. to be sent with a prisoner. - The following documents shall be sent with each prisoner transferred - (a) his warrant; (b) his descriptive roll; (c) separate lists of the Government and personal property accompanying him; and (d) his history-ticket written up to date. ### 751A. Action when a transfer ordered cannot be carried out. - When an order received for the transfer of any convict cannot be given effect to, owing to illness, release on appeal or other cause, the descriptive roll (Form No. 61) of the convict on which sanction to the transfer was conveyed, shall be returned to the Inspector-General with an endorsement showing the reasons why the order was not given effect to. ### 752. Jail official to accompany prisoners. (1) A jail official shall accompany prisoners on transfer when their number exceeds ten. The Government property, documents and private effects sent with the prisoners shall be in his charge. (2) When the number of prisoner is ten or less a jail official should see them off at the railway station and will be responsible for seeing that they start with :- (a) 1 zinc pail full of water if the van does not possess a permanent drinking water tank; (b) 1 lota full of water for each prisoner. (c) zinc pail filled with water at the latrine for cleaning purposes. (3) The Deputy Superintendent must satisfy himself before the prisoners leave the jail that all necessary arrangements have been made to provide them with the means of water supply, food, etc. en route, and the jail officials and warders understand their duties in this connection. ### 753. Notice of intended despatch to be sent to Police. - Notice of the intended transfer of prisoners or the production of prisoners before a court, shall be given in writing to the Police authorities at least 96 hours before the guard is required. Earlier intimation should be given whenever possible. Requisitions for a Police guard should state the number and class of prisoners to be guarded, whether European or Indian, male or female, and whether there are any violent or dangerous characters amongst them. Note - Dacoits and prisoners sentenced to transportation for life and long terms of imprisonment should be classified as dangerous prisoners for the purpose of this paragraph. ### 754. Duty of Superintendent with regard to prisoners to be sent to court. - Upon delivery of any order under this part to the officer in charge of the prison in which the person named therein is confined that officer shall cause him to be taken to the court in which his attendance is required so as to be present in such court at the time in such order mentioned, and shall cause him to be detained in custody in or near the court until he has been examined or until the Judge or presiding officer of the court authorises him to be taken back to the prison in which he was confined. Note - Rule 2 of the rules circulated with Notification No. 323 of 27th July, 1900 makes the Superintendent of Police responsible for providing escort and for the safe custody of the prisoner till he is re-delivered to the Jail. ### 755. Scale of Police escort for prisoners. - The scale of police escort for prisoner is - (a) When the journey is by rail :- \| \| \| \| \| --- \| --- \| --- \| \| For 1 prisoner \| ... \| 1 contable. \| \| For 2 to 4 prisoners \| ... \| 2 constables. \| \| For 5 to 9 prisoners \| ... \| 1 head constable, 3 constables \| \| For 10 to 12 prisoners \| .... \| 1 Head Constbale, 4 constables. \| (b) When the journey is by road, according to the following scale :- \| \| \| \| --- \| --- \| \| 1 \| 2 \| \| \| \| \| Strength of Guard \| \| Number of prisoners \| \| \| Sub Inspectors \| Head Constables \| Foot Constables \| \| Roads on which the Police stations are not more than 15 miles apart. \| 1 2 to 4 5 to 9 10 to 12 13 to 15 16 to 20 21 to 25 26 to 30 31 to 50 \| \_\_ \_\_ \_\_ \_\_ \_\_ \_\_ \_\_ \_\_ \_\_ \| \_\_ \_\_ \_\_ \_\_ \_\_ \_\_ \_\_ \_\_ 1 \| \_\_ \_\_ 1 1 1 1 2 2 2 \| 1 2 3 5 6 9 10 12 16 \| \| Roads on whch the police stations are more than 15 miles apart and all roads trans-Indus \| 1 2 to 3 4 to 6 7 to 8 9 to 12 13 to 15 19 to 20 21 to 25 26 to 30 31 to 50 \| \_\_ \_\_ \_\_ \_\_ \_\_ \_\_ \_\_ \_\_ \_\_ \_\_ \| \_\_ \_\_ \_\_ \_\_ \_\_ \_\_ \_\_ \_\_ \_\_ 1 \| \_\_ \_\_ 1 1 1 1 2 2 2 2 \| 1 2 3 4 7 8 10 12 16 20 \| Provided that, if the prisoner or prisoners to be removed is or are desperate or dangerous characters, the Superintendent of Police furnishing the escort may increase the strength at his discretion. ### 756. Convicts to be handcuffed before removal. - Male prisoners under sentence for an offence, shall be handcuffed before being removed from jail. ### 757. Imposition of fetters on transfer. (1) An Indian male prisoner convicted of an offence under Sections 224, 225-B, 302, 303, 304, 307, 308, 392, 394, 395, 396, 397, 398, 399, 400, 401 and 402, Indian Penal Code or sentenced to transportation for life shall unless the Medical Officer certifies in his journal that he is owing to old age or infirmity, unfit, be fettered before he is removed from the Jail for purposes of transfer. The prisoners of remaining categories should not be fettered, unless this is done by the Superintendent of Jail in consultation with the Superintendent of Police. (2) Bar fetters shall ordinarily be imposed but, when convicts are required to travel long distances on foot, chain fetters may be used. [Note - The instructions contained in paragraph 757 may be relaxed in the case of prisoners classed as ``A'' or ``B'' class, if the Superintendent of Police is satisfied, after consideration of the convict's history that there is no reasonable apprehension of an attempt at escape or rescue.] [P.G. letter No. 3113-S. Jails, dated 14.7.1932.] ### 758. [ Diet of prisoners removed from Jail. [Rule 6, Not. No. 323 of 27.7.1900. Appl. No. I. See para 939.] - The Inspector- General of Prisons shall, from time to time, fix the scale of diet for prisoners removed under these rules, and the officer in-charge of the escort shall provide that such prisoner receives diet as nearly as possible in accordance with such scale. Where the court in which evidence is to be given is situated at the same station as the jail from which the prisoner is removed, the officer in-charge of the jail shall supply the prisoner's food ready cooked.] When the court as aforesaid is situated at a distance, the estimated cost of the prisoner's rations shall be paid to the officer in- charge of the Police escort by the officer in-charge of the jail. ### 759. [ Money advance for road expenses. [Rule 6, Not. No. 323 of 27.7.1900 Appl. No. 1.] - A sum of money sufficient to meet all expenses together with a warrant credit note for the fares required if the journey is to be performed by rail, shall be made over to the warder in-charge or the officer in-charge of the escort, as the case may be, by the Superintendent of the despatching jail.] Note - For further particulars on the subject of the transfer of prisoners and the rules made under thereof. ### 760. Different kinds of conveyance by rail. (1) Prisoners may be conveyed by rail in - (a) ordinary third class carriages, (b) third class carriages with iron-grated windows and iron railings between the compartments, and (c) prison vans; (ordinarily to be used for the conveyance of prisoners sentenced to transportation). (2) (a) When the prisoners escorted are aged, feeble, sick, crippled, women, children, or are accused of minor offences, and are not of desperate characters, or are harmless lunatics, or where the number of persons including the escort does not exceed five, they may be conveyed in ordinary third class carriages. The ordinary strength of escorts in such case shall be equal in number to the prisoners or even less according to circumstances. The escort shall sit on each side of the prisoners and guard the doors. (b) Transportation convicts proceeding out of the province and prisoners of exceptionally dangerous character, who require extra vigilance for their safe custody shall be conveyed in custody by rail in prison vans only. The ordinary strength of escort in such cases shall be one Head Constable and 6 constables for each carriage or van, and if more than a single carriage or van is sent, a Sub-Inspector shall be sent in command. (c) All other prisoners shall be conveyed in 3rd class carriages provided with iron gratings for the windows and iron bars or railing between the compartments. The ordinary strength of escort shall be the same as in (b) above. ### 761. Notice to Railway authorities. Class of train. (1) At least 96 hours' notice must be given by the Superintendent to the District Traffic Superintendent concerned, of the number of persons, both prisoners and guard, for whom reserved accommodation is required and the particular train by which it is desired to despatch them. (2) Prisoners on transfer shall be despatched by ordinary passenger train except when it may be necessary for special reason to despatch them by mail train. Note. 1 - The Requisition should state whether ordinary reserved or prison accommodation of one or more 3rd class compartment of carriages with prison gratings or prison vans are required. Note. 2 - When 3rd class reserved accommodation is required for a party of prisoners and its escort, it should be seen that the number of compartments required is distinctly stated by the requisitioning officer, and that the number of compartments requisitioned will suffice for the number of prisoners composing the party taking the maximum number that can be allowed to travel in one compartment. ### 762. [ Reserved compartments and class of carriage. [P.W.D. Resol. No. 1424-31 R. of 8.4.1879, and P.G. letter No. 709 of 13.3.1880.] (1) Every military prisoner, European prisoner, civil prisoner, if insane, violent or dangerous, and all parties of prisoners and guards when, inclusive of guards, the party exceeds five in number, shall be despatched in reserved compartments.] (2) [ With the exceptions in clause (1), every party of guards and prisoners, when the number of persons (guard included) does not exceed five shall travel in ordinary carriage.] [P.G. No. 3136 Home-Jails, dated 31.1.1927.] (3) European military prisoners and military insanes shall invariably be conveyed in second class carriages. In the case of non-military European prisoners it is in the discretion of the Superintendent to despatch them in second class, inter class or third class carriages. In all cases, however, in which it is considered desirable that the escort of such prisoners should consist of European police the prisoners will be conveyed in second class carriages. All other prisoners not included in the foregoing categories shall be conveyed in third class carriages. ### 763. Adjustment of the expenses of travelling. (1) With the exception of expenditure incurred by the Police escort, all the expenses connected with the transfer of prisoners shall be borne by the despatching jail. (2) The Superintendent shall furnish the warder in-charge or the Police Officer, as the case may be, with a Railway pass on the credit note system, for the prisoners and the warder, if one accompanies the gang, on the return of the warders, a Railway pass shall be issued to him by the Superintendent of the Jail receiving the prisoners, in case the transfer is outside the province, the Railway pass for the return journey should be issued in advance by the despatching jail. (3) [ When reserved accommodation is requisitioned, payment is to be made according to the number of compartments required for the whole party of guards and prisoners irrespective of the number carried in a compartment (which number should not be greater than it is designed to hold) at the rate of fares on the full marked carrying capacity of the compartment, subject to a minimum charge in the case of a railway on the broad gauge of Rs. 5 per compartment per journey.] [P.G. No. 3136 H -Jails, dated 31.1.1927.] (4) Prisoners and guards, when the party inclusive of guards does not exceed five, shall be paid for at the ordinary rates in force on the line. (5) [ When for any reason prisoners are conveyed by mail train, the higher rates chargeable for journeys by such train must be paid.] [Resol. No. 3-241- 58 of 25.2.1885.] (6) The Police will pay for their tickets in cash, and a pass for the balance of the tickets required shall be issued by the Superintendent, but no charges shall be made for Police escorts provided with seats in a Prison van hired for prisoners. (7) An endeavour should be made to transfer prisoners in such numbers at a time that the Jail Department may not be put to loss owing to vacant seats. (8) Where there is a night journey, double accommodation should, if possible, be provided. ### 764. Transfer of prisoners to and from Indian States. (1) When prisoners are forwarded by rail to an Indian State from British territory, all transit charges will be borne by the British government, in the case of prisoners forwarded by rail to British territory from an Indian State, the Indian State concerned shall be asked to pay the transit charges. (2) When prisoners are forwarded by road to or from an Indian State, the British Government and the Indian State concerned should severally bear, within the limits of their respective territories, the cost of transit. (3) [ In the case of prisoners extradited from the Kashmir State at the request of the British Government the cost of their transit beyond Sialkot and Murree as the case may be, will be borne by the British Government from either of these two places to wherever their ultimate destination in British India may be.] [P.G. letter No. 295 of 4.4.1898.] (4) [ In the case of Indian States included in the Rajputana Agency, the Government making the requisition shall bear transit charges.] [P.G. letter No. 506, dated 9.5.1901.] ### 765. Classes to be kept separate on transfer. - Female prisoners shall, when on transfer, be kept completely apart from male prisoners, and male juveniles from adult males. Further separation of the various classes should be carried out as far as practicable. ### 766. [ Prisoners travelling by road to walk. Exception. Precautions to be taken. [See Notn. No. 323 of 27.7.1900, App. No. 1.] (1) Prisoners who have to travel by road when on transfer shall be required to walk. Carriage hire shall however be allowed for the conveyance of prisoners when the distance to be travelled by road exceeds five miles and in the case of any prisoner, conveyance or conveyance allowance shall be provided, irrespective of distance, if the Medical Officer certifies that it is necessary.] (2) Prisoners should not ordinarily be required to march in very hot weather between the hours of 9 a.m. and 4 p.m. when circumstances require that they should do so, they must be provided with sun caps and a plentiful supply of water. Neither should they be required to march when it is raining or likely to rain heavily. Prisoners obliged to camp out at night must be provided with proper shelter in sarais or tents. (3) [ The female prisoners shall be provided with a conveyance and shall travel during daylight.] [P.G. No. 31743 (H-Jails), dated 14.12.22.] (4) [ Where there are no Government lorries plying for the purpose, all prisoners condemned to death and all female convicts shall be moved from a jail to a railway station and from a railway station to a jail in tongas.] [P.G. No. 27717 (H-Jails), dated 3.11.1927.] Note - In Delhi, conveyances will be provided, under arrangements to be made by the District Magistrate, for all prisoners on transfer and whenever prisoners have to be moved between the jail and the Courts. ### 767. Prisoners to be searched before transfer. Receipt to be taken. (1) When prisoners are about to be transferred, they shall be paraded inside the jail, and the Superintendent shall satisfy himself that the clothing and bedding of each prisoner in good order and in proper quantity. (2) They shall be carefully searched in the presence of the Deputy Superintendent and of the officer in command of the Police escort, from whom a receipt (Form No. 159) shall be taken for the prisoners, property and documents made over to him. ### 768. Telegram to be sent on the despatch of prisoners. - Immediately on the departure of prisoners by train, the Superintendent shall, whenever the gang numbers 10 prisoners or more, send a telegram to the Superintendent of the Jail to which they are proceeding, announcing the number for prisoners and the date and hour of their despatch. ### 769. Time of arrival of prisoners. - Prisoners should be despatched so as to reach the jail to which they are being transferred between the hours of opening the wards in the morning and lock-up. As far as possible, their despatch should be timed so that they should not arrive on a Sunday. ### 770. Duties of the warder or Police Officer incharge of prisoners. - The presence of a warder with prisoners on transfer in no degree affects the responsibility of the Police Officer charged with their escort and safe custody. The duties of the warder shall be - (a) to provide the daily rations required, arrange when necessary for the cooking of the same and see that the prisoners are plentifully supplied with drinking water; (b) to preserve carefully and be responsible for the safe custody and safe delivery of the documents and property of all sorts sent with the gang; (c) to return safely to the jail from which the gang was despatched, the clothing and other Government property sent with the prisoners; (d) to take receipt from the Deputy Superintendent of the receiving jail for the prisoner's property and documents made over; and (e) to use every endeavour to secure the immunity of the prisoners from sickness and injury; (f) to inform Station Masters of important stations on the route in advance of any requirements in the way of water, food, etc., that may be needed on the journeys; (g) to provide (a) 1 zinc pail full of water for every 10 prisoners or fraction thereof if the van does not possess its own water tank, (b) 1 lota full of water to each prisoner, and (c) 1 zinc pail full of water in the latrine for cleaning purposes; (h) [ to allow only authorized food on the journey.] [P.G. No. 31089 (H. Jails), dated 1.11.1928.] When prisoners are not accompanied by a warder these additional duties devolve on the officer in-charge of the escort who should see that handcuffs are removed from a prisoner while he is eating, drinking or going to the latrine, provided that the number without handcuffs at any one time should not exceed one-half of the number of constables in the escort. ### 771. Document, &c. to be examined. - On the arrival of prisoners at their destination all documents shall be carefully examined, the list of property, both Government and private, compared with the property, actually received and the necessary receipts furnished. ### 772. Illness of prisoner on transfer. Ultimate disposal. - When a prisoner on transfer becomes so ill as to be unable to complete the journey, he should be left at the nearest police station and taken, when sufficiently well to move, to the nearest jail or subsidiary jail where he shall be received. His warrant, property and all papers connected with him should be made over to the Superintendent of the Jail where he is detained who shall inform the Superintendents of the Jails from and to which the prisoner was proceeding of the occurrence. On recovery, the prisoners shall be forwarded with his papers, &c., to his destination. In the case of death the fact, with date, shall be noted on his warrant, which with the other papers and property accompanying him shall be returned to the jail from whence he came. ### 773. Death of a prisoner before he can be received in any jail. - If a prisoner dies while on transfer and before he can be received in any jail or subsidiary jail en route, the officer in-charge of the Police escort should report the fact to the Magistrate of the district or the officer In-charge of the sub-division, as the case may be, in which the death takes place, with a view to an enquiry being held into the circumstances attending it. A copy of the proceedings, together with the warrant documents and property accompanying the prisoner should be forwarded to the Superintendent of the jail from whence he came. Such Superintendent shall submit a copy of the proceedings of the enquiry to the Inspector-General. ### 774. Escape en route. - If an escape occurs en route, intimation of the same should be given as soon as possible to the nearest authorities and to the Superintendent of the Jail from which the prisoner came, with a view to his recapture. If he is not immediately recaptured, his property, warrant and another documents, shall be returned to the jail from which he was despatched. ### 775. Recapture of a prisoner who escapes on transfer. - A prisoner who escapes on transfer shall, if recaptured, be sent to the jail from which he was despatched, and after trial for the escape, forwarded to the jail to which he was being transferred when the escape took place. A report of the recapture of a prisoner and the date of despatch to his destination shall be sent to the Inspector-General and to the Superintendent of the Jail which is to receive him. ### 776. Receipts for prisoners, etc. Government property to be returned. - The Superintendent or Deputy Superintendent of the receiving jail shall duly acknowledge the receipt (Form No. 158) of the prisoners and of the documents and property relating to them which are detained by him. Form 158 should be made over to the Police and simultaneous intimation sent to the dispatching jail (Form 157). Identical articles of clothing and other Government property with the prisoners shall be returned to the jail of despatch after being thoroughly washed and property wrapped in gunny cloth. Note 1. - The fetters actually received with the prisoners, need not be returned, but an equivalent number of these articles in good condition and up to standard should be returned instead. Note 2. - If it is necessary to detain any of the property in the receiving jail, a report of the fact shall be made to the Inspector- General and to the Superintendent of the transferring jail. Property so detained must be accounted for in the registers of both jails and in the indents for such articles subsequently submitted. ### 777. Procedure when property is missing. - If it be found on the arrival of the prisoners at their destination that the property received does not correspond with the list, immediate notice of the fact shall be given to the Superintendent of the dispatching jail, who shall institute an enquiry into the matter. ### 778. Cancelled. Chapter XXVI Civil Prisoners --------------------------------- Note 1. - According to Section 69(3) of Act XVII of 1887 (the Land Revenue Act), only a Collector can commit a revenue defaulter to jail. Note 2. - The Punjab Government conferred on the Deputy Excise and Taxation Commissioner, Jullundur and Ambala Divisions, the powers of the Collector under Sections 68, 69 and 70 of the Punjab Land Revenue Act (VII of 1887) so far as these are necessary for the collection of Excise and Taxation Revenue in respect of various Acts, administered by the Excise and Taxation Department, as arrears of Land Revenue. Under these delegations the Collector has powers to issue an order to the Officer Incharge of Civil Jail of the District directing him to confine the defaulter in the Jail for a period not exceeding one month from the date of the order. Punjab Government Notification Nos. 806 E and T-54/820 dated 10th March, 1955 and 806-E. and T-54/824, dated 10th March, 1955. ### 779. Civil prisoners to be confined in the civil jail. - Every civil prisoner shall ordinarily be confined in the civil jail. In places where there is no civil jail, or the accommodation provided in the civil jail is inadequate or unsuitable, civil prisoners may be detained in a portion of the criminal jail specially set apart for use as a ward for such prisoners. ### 780. Officers and visitors of a civil jail. (1) Wherever there is a civil jail at any place at which there is also a jail for criminal prisoners, the civil jail shall be under the control and management of the Superintendent and other officers of the criminal jail and shall be administered as if it formed an integral part thereof. (2) Visitors appointed to a jail established at any place for the confinement of criminal prisoners, shall be deemed to be visitors also of any civil jail established at the same place. ### 781. Maintenance of certain prisoners from private sources. - A civil prisoner or an unconvicted criminal prisoner shall be permitted to maintain himself and to purchase, or receive from private sources at proper hours food, clothing, bedding or other necessaries but subject to examination and to such rules as may be approved by the Inspector-General. ### 782. Diet of certain civil prisoners. Permission to cook. (1) Civil prisoners who are supplied with prison diet shall unless the scale of subsistence allowance (if any) permits of a more liberal scale, be provided with diet on the ordinary scale prescribed in respect of convicts who are not subjected to labour. Their food shall be prepared in the convict cook-house, and cooked and served by convict cooks. Note :- Civil prisoners admitted into Jail under rule 98 in Order XXI of the First Schedule to the Code of Civil Procedure for resisting or obstructing the execution of a decree shall be provided with non-labouring prison diet at the expense of the State. (2) Civil prisoners who are not provided with prison diet, shall be permitted to cook their own food at places provided for the purpose. ### 783. Subsistence Allowance. (1) The Local Government may fix scales graduated according to rank, race and nationality of monthly allowances payable for the subsistence of judgment-debtors. Cooking utensils for civil prisoners. - (2) Civil prisoners provided with prison diet, shall be permitted to use their own cooking utensils. If they have no cooking utensils, they shall be supplied with the use of cooking vessels by the Jail. Note - If the subsistence allowance fixed by the court is too small, it is open to the Inspector-General to apply to the Local Government to raise the scale. Cooking utensils must not be purchased from the allowance. ### 784. Supply of food to civil prisoners when subsistence allowance is provided. (1) Every civil prisoner for whom a subsistence allowance is provided may be supplied with food, clothing, bedding and other necessaries by his friends at such hours as the Superintendent may from time to time fix in that behalf. When any civil prisoner is supplied with food, clothing and other necessaries by his friends, the subsistence allowance shall be made over to the prisoner. (2) When any such prisoner is not supplied with food by his friends, the Deputy Superintendent shall supply him with good and wholesome food according to the prisoner's own choice, provided the daily cost does not exceed the daily subsistence allowance received on account of such prisoner. If the daily cost of food is less than the sum allowed, the balance shall be made over to the prisoner. ### 785. Articles to be delivered to the Dy. Supdt. and to be examined. - Every article of every kind whatsoever at any time supplied for the use of any civil prisoner shall be delivered to the Deputy Superintendent or other officer appointed by the Superintendent in that behalf, and shall be examined before it is made over to the prisoner, and any such article may, for any sufficient reason, be withheld, by the Superintendent, from such prisoner. ### 786. Certain articles not to be given. - No intoxicating drug or spirituous liquor of any kind shall without the order of the Medical Officer, be given to any civil prisoner. ### 787. Articles through whom purchased. - All articles purchased for any civil prisoner, otherwise than from Jail supplies, shall be purchased through or under the orders of the Deputy Superintendent. ### 788. Restriction on transfer of food and clothing. - No part of any food, clothing, bedding or other necessaries belonging to any civil or unconvicted criminal prisoner shall be given, hired or sold to any other prisoner; and any prisoner transgressing the provisions of this paragraph shall lose the privilege of purchasing food or receiving it from private sources, for such time as the Superintendent thinks proper. ### 789. Monthly allowance fixed by the court to whom to be paid. (1) Where a judgment-debtor is committed to a civil prison in execution of a decree, the court shall fix for his subsistence such monthly allowance as he may be entitled to according to the scales fixed (under para 783(1)) or where no such scales have been fixed as it considers sufficient with reference to the class to which he belongs. (2) The monthly allowance fixed by the court shall be supplied by the party on whose application the judgment-debtor has been arrested by monthly payments in advance before the first day of each month. (3) The first payment shall be made to the proper officer of the court for such portion of the current month as remains unexpired before the judgment- debtor is committed to civil prison and the subsequent payment (if any) shall be made to the officer in charge of the civil prison. (4) Sums disbursed by the decree-holder for the subsistence of the judgment- debtor in civil prison shall be deemed to be costs in the suit. [Note - The monthly allowance under clause (2) shall, when received by the jail be credited into the Government Treasury and the Treasury receipt attached to the detailed contingent bill for the month. The amount so credited will be drawn on an abstract bill when required. Amounts disbursed on behalf of judgment-debtor in respect of supplies from stock, purchase from bazar, and balances paid to the decree-holder, shall be recorded in the Contingent Register No. 35 and shown in Voucher No. V attached to the Detailed Contingent Bill for the month under head Miscellaneous dietary charges. The total amount thus shown must agree with the Treasury receipt and difference, if any, should be explained in the remarks column of Voucher No. V.] [P.G. No. 1726-S. Jails dated 3.7.1922.] ### 790. Supply of clothing and bedding to civil and unconvicted criminal prisoners. (1) Every civil prisoner and unconvicted criminal prisoner unable to provide himself with sufficient clothing and bedding shall be supplied by the Superintendent with such clothing and bedding as may be necessary. (2) When any civil prisoner has been committed to prison in execution of a decree in favour of a private person, such person, or his representative, shall, within forty-eight hours after the receipt by him of a demand in writing, pay to the Superintendent the cost of the clothing and bedding so supplied to the prisoner and in default of such payment the prisoner may be released. Note 1 - The name and address of the decree-holder or his representative, may be obtained from the Civil Court which issued the decree. When received, the demand in writing for payment shall be delivered to him. Note 2 - Instead of paying for the cost of clothing and bedding the decree-holder may supply the same to the Superintendent. Note 3 - The following scales of clothing, bedding and other necessaries are prescribed for the use of civil prisoners :- For All Seasons \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| \| \| Rs. \| A. \| P. \| \| Kurtas two at Re. 0-10-0 each \| \_\_\_ \| 1 \| 4 \| 0 \| \| Pyjamas two at Re. 0-8-0 each \| \_\_\_ \| 1 \| 0 \| 0 \| \| Pugrees two at Re. 1-0-0 each \| \_\_\_ \| 2 \| 0 \| 0 \| \| Chaddar one \| \_\_\_ \| 1 \| 0 \| 0 \| \| Cotton durrie one \| \_\_\_ \| 1 \| 0 \| 0 \| \| Towel one \| \_\_\_ \| 0 \| 4 \| 0 \| \| Munj mat one \| \_\_\_ \| 1 \| 0 \| 0 \| \| Cup and platter one each \| \_\_\_ \| 1 \| 0 \| 0 \| \| \| Total \| 8 \| 8 \| 0 \| Additional During Winter \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| \| \| Rs. \| A \| P. \| \| Quilt one \| \_\_\_ \| 4 \| 0 \| 0 \| \| Blanket one \| \_\_\_ \| 4 \| 0 \| 0 \| \| Woollen coat one \| \_\_\_ \| 3 \| 0 \| 0 \| \| Straw mat one \| \_\_\_ \| 0 \| 1 \| 0 \| \| \| Total \| 11 \| 1 \| 0 \| In jails where the cold is intense a second blanket at Rs. 4 may be added at the Superintendent's direction to the winter scale given above. Cooking utensils and water vessels will be supplied free of charge from jail stock. Clothing, etc., on the person of and with the civil prisoner shall be regarded as a part of the above scales. The decree-holder will be required to deposit or pay for those articles only in respect of which the civil prisoner is found to be deficient. The above prices are subject to market fluctuations, but will not be altered without the Inspector-General's previous sanction. ### 791. Detention and release of judgment-debtor. - Every person detained in the civil prison in execution of a decree shall be so detained - (a) Where the decree is for the payment of a sum of money exceeding fifty rupees for a period of six months, and (b) in any other case for a period of six weeks. Provided that he shall be released from such detention before the expiration of the said period of six months or six weeks as the case may be - (i) on the amount mentioned in the warrant for his detention being paid to the officer in charge of the civil person; (ii) on the decree against him being otherwise fully satisfied; (iii) on the request of the person on whose application he has been so detained; or (iv) on the omission by the person on whose application he has been so detained to pay subsistence allowance. Provided also that he shall not be released from such detention under clause (ii) or clause (iii) without the order of the court. Note - If the judgment-creditor omits to pay the allowance, vide clause (iv) , the prisoner shall be released on the morning of the day for which no allowance is paid. ### 792. x x x x ### 793. Supply of furniture and appliances. (1) As Government only provides subsistence allowance at certain rates for civil prisoners, such articles of furniture and appliances as are absolutely necessary, shall be supplied by the jail. (2) Every civil prisoner is at liberty to supplement at his own expense, the food, furniture and appliances allowed him. ### 794. Extras for civil prisoners how to be charged. - If any extra articles of diet are ordered by the Medical Officer for a civil prisoner, on medical grounds, any excess of expenditure over and above what can be met by the daily subsistence allowance, shall be paid by Government. ### 795. Release on ground of illness. (1) At any time after a warrant for the arrears of a Judgment-debtor has been issued, the Court may cancel it on the ground of his serious illness. (2) Where a judgment-debtor has been arrested the court may release him if in its opinion he is not in a fit state of health to be detained in the Civil prison. (3) where a judgment-debtor has been committed to the civil prison he may be released therefrom - (a) by the Local Government, on the ground of the existence of any infectious or contagious disease, or (b) by the committing Court or any Court to which that Court is subordinate on the ground of his suffering from any serious illness. (4) A judgment-debtor released under this section may be re-arrested, but the period of his detention in the civil prison shall not in the aggregate exceed that prescribed by Section 58 of the Civil Procedure Code. ### 796. [ Disposal of balance of diet-money on release. [P.G. letter No. 382-Home, dated 28th October, 1912.] (1) When a civil prisoner has been released, the balance (if any) of diet-money or sale- proceeds of clothing in the Government Treasury, shall, if received from a Civil Court Officer, be returned to the Court but if received from the decree-holder, it shall be paid to him on his applying for it within 3 years. (2) Articles of clothing and bedding, etc., supplied to a civil prisoner at the expense of the decree-holder, under paragraph 790 of the Jail Manual, shall be removed from the prisoner at the time of his release and returned to the decree-holder. If such articles remain unclaimed for two months, they will be sold and their sale-proceeds credited to the Government.] ### 797. The question of labour. Subjection to prison discipline. (1) No civil prisoner shall be compelled to labour. (2) Save as provided in clause (1) of this rule, and in Section 31 and the proviso to Section 46 of the Prisons Act, 1894, every civil prisoner shall in regard to discipline be subject to all rules providing for the discipline of unconvicted criminal prisoners. ### 798. Civil prisoners may follow a trade and receive the earnings. (1) Civil prisoners may, with the Superintendent's permission, work and follow any trade or profession. (2) Civil prisoners finding their own implements, and not maintained at the expense of the prison, shall be allowed to receive the whole of their earnings; but the earnings of such as are furnished with implements or are maintained at the expense of the prison shall be subject to a deduction, to be determined by the Superintendent, for the use of implements and the cost of maintenance. (3) Books should be allowed to literate civil prisoners both from the Jail libraries and from outside, if they desire to purchase them, with the permission of the Superintendent. Newspapers should not be allowed. ### 799. Extract from the Insolvency Act to be posted. (1) Extracts from the Insolvency Act, 1907, in Urdu, containing the provisions relating to insolvency, shall be posted up in every ward or jail appropriated to civil debtors and Revenue defaulters. (2) Any prisoner who wishes to be declared insolvent under the Act, shall be given every assistance and may be provided with writing materials for the purpose by the Superintendent. Chapter XXVII Unconvicted Criminal Prisoners ------------------------------------------------- ### 800. Maintenance from private sources. - An unconvicted criminal prisoner shall be permitted to maintain himself, and to purchase, or receive from private sources at proper hours, food, clothing, bedding or other necessaries, but subject to examination and to such rules as may be approved by the Inspector-General. ### 801. Restriction on the transfer of food and clothing. - No part of any food, clothing, bedding or the necessaries belonging to any convicted criminal prisoner shall be given, hired or sold to any other prisoner; and any prisoner transgressing the provisions of this section shall lose the privilege of purchasing food or receiving it from private sources for such time as the Superintendent thinks proper. ### 802. Supply of clothing and bedding. - Every unconvicted criminal prisoner unable to provide himself with sufficient clothing and bedding shall be supplied by the Superintendent with such clothing and bedding as may be necessary. ### 803. Supply of food &c. to unconvicted criminal prisoners. (1) Every unconvicted criminal prisoner may, unless in any case the Superintendent otherwise directs, be supplied with food, clothing, bedding and other necessaries by his friends at such hours as the Superintendent may, from time to time, fix in that behalf. (2) Every article supplied under clause (1) shall - (a) be delivered to the Deputy Superintendent or other officer appointed by the Superintendent for that purpose, and (b) be examined, before it is made over to such prisoner, either by the medical officer or the Medical Subordinate. ### 804. Certain articles not to be given without permission. - No article shall be given to any unconvicted criminal prisoner, if - (a) it is injurious to health, or (b) it is an intoxicating drug or spirituous liquor - without the order of the Medical Officer. ### 805. Purchase of articles. - All articles purchased for any unconvicted criminal prisoner other than those issued from jail supplies, shall be purchased through or under the orders of the Deputy Superintendent. ### 806. [ Permission to cook his own food. [P.G. No. 19195 - Jails, dated 10.7.22.] - Claims for permission to cook are not recognised but such a privilege may be granted at the discretion of the Superintendent.] ### 807. Privilege of purchasing food may be withheld. (1) If any article that is injurious or prohibited is found concealed in any food or other thing supplied to an unconvicted criminal prisoner by his friends, the privilege of being allowed to purchase or obtain food from private source shall be withdrawn. (2) The Superintendent may for any sufficient reason refuse to allow the purchase for or delivery to an unconvicted prisoner, of any article which he considers to be unnecessary or unsuitable. ### 808. Supply of jail diet to unconvicted prisoners. Conditions. - An unconvicted criminal prisoner who does not maintain himself, shall be supplied with food at the expense of Government. Such food shall be prepared in the convict cook-house and cooked and served by convict cooks. ### 809. Unconvicted prisoners may follow a trade and receive the earnings. (1) Unconvicted criminal prisoners may, with the Superintendent's permission, maintain themselves by working at any trade or profession. (2) An unconvicted criminal prisoner finding his own implements and not maintained at the expense of the Jail, shall be allowed to receive the whole of his earnings, but the earnings of such as are furnished with implements or are maintained at Government expense, shall be subject to a deduction to be determined by the Superintendent, for the use of implements and the cost of maintenance. ### 810. Duty of officers to report previous convictions. - It is the duty of every officer of a jail when it comes to his knowledge that an unconvicted criminal prisoner has been previously convicted, to report the matter to the Superintendent. Such information, as is forthcoming should be reported to the Superintendent of Police. ### 811. Unconvicted prisoners may be kept separate. - Any special directions as to separation of an unconvicted criminal prisoner, given by the Magistrate, should be carried out. Such separation should be unaccompanied by any irksome conditions beyond those that are necessary to secure the object in view, namely, to prevent his communicating directly or indirectly with other prisoners concerned in the same case. ### 812. Charge of the undertrial ward. - The undertrial ward should be placed under the charge of a warder and visited regularly by the gangs employed on sweeping and supplying food and water. ### 813. Unconvicted prisoners to keep themselves, their clothing &c. clean. (1) An unconvicted criminal prisoner shall be subjected to as little interference as is consistent with the maintenance of order and discipline in the Jail, but he shall keep himself and his clothing and bedding clean. (2) He shall not be compelled to labour except by way of punishment but may be required to keep the ward, cell or other compartment occupied by him clean, if accustomed to do similar work in his own home. (3) No work of a degrading character shall be exacted from any unconvicted criminal prisoner. ### 814. Unconvicted prisoners not to alter their appearance. - Unconvicted prisoners shall not be allowed to have their hair cropped or in any other way to alter their personal appearance so as to make it difficult to recognize them. Prisoners who have been more than a month in jail may, however, if they desire it, have their hair cut to length it was when they were admitted. ### 815. Conveyance of unconvicted prisoners to court. (1) On the date fixed on the warrant of a prisoner committed to trial, or on the receipt of an order in the form of the first or second Schedules annexed to Act III of 1900 properly drawn up, the unconvicted prisoner concerned shall be placed in the custody of the police for conveyance to court. (2) Money or other property found on the person of or belonging to an unconvicted prisoner, other than necessary wearing apparel, is taken charge of by the Court Inspector, who is required to enter on the back of the prisoner's warrant a list of all such articles. In the case of a prisoner sentenced to imprisonment the articles should be forwarded to the jail to which he is committed. Articles of clothing brought to jail by an unconvicted prisoner shall be entered in the appropriate column of Register No. 1. Unless an unconvicted prisoner falls within classes (c) to (f) of the present clause (1) of the Police rule 24.5 or is accused of murder, he should not be handcuffed on his way to and from the jail to the Court house, unless the officer in-charge of the escort decides to handcuff him owing (a) to his being a man who is likely to attempt an escape, or (b) a man who, owing to the existence of local feeling or other circumstances, is likely to be the subject of an attempt at rescue. ### 816. Notice of discharge or release on bail. - If an unconvicted prisoner be discharged in court or released on bail while attending court and a notification of the fact is not received the same day, the Superintendent shall, without delay, call the attention of the court to the matter. Note - The notification should be brought back by the Police escort who took charge of the prisoner for conveyance to court. ### 817. Weight of unconvicted prisoners on release. - The weight of every unconvicted prisoner on release, shall be recorded in the register of unconvicted prisoners. When such prisoner is released in court, the last weighment recorded on the history-ticket, shall be taken as the weight on release. ### 818. Weekly list to be sent to the District Magistrate. - The Superintendent shall submit weekly list to the District Magistrate a list (Form No. 116), giving the names and other particulars required by the form, of all unconvicted prisoners other than those committed to serious, who have been detained in jail for more than thirty days since their first admission. ### 819. Serious illness of an unconvicted prisoner. - Whenever an unconvicted prisoner is seriously ill the Superintendent shall report the circumstance to the Magistrate engaged in the case or, if the prisoner is awaiting trial before the Sessions Court, to the Sessions Judge, in order that if the law permits and the Court thinks proper, the prisoner may be released on bail. ### 820. Notice of death to be sent to court. - Notice of the death of every unconvicted prisoner shall be sent as soon as possible after the occurrence, to the court under whose authority such unconvicted prisoner was detained, Chapter XXVIII Convicts Sentenced to Simple Imprisonment ------------------------------------------------------------- ### 821. Treatment of simple imprisonment convicts. (1) Convicts sentenced to simple imprisonment shall be subject to as little restriction as is consistent with the maintenance of order and discipline in the Jail. (2) They shall, with the exception of such as are classed habituals (who shall be required to wear the prescribed prison outfit), be permitted to retain their private clothing, but should not be allowed to wear political symbols. (3) The Superintendent may, for any sufficient reason, which he shall record in his journal, deprive any convict of this class of the privilege of being allowed to wear his private clothing or any portion of it. Note - Ex-military convicts sentenced to simple imprisonment are not entitled to wear military uniform while in jail. ### 822. Articles to be issued. Such articles to be kept clean. - A convict sentenced to simple imprisonment shall - (a) if his private clothing is insufficient for warmth or for purposes of decency, be supplied with such prison clothing as may be necessary; (b) be supplied with a cup, plate and bedding as issued to convicts under sentence of labour; and (c) be required to keep such clothing, bedding and other necessaries as may be issued to him, in a clean and orderly condition. ### 823. Simple imprisonment, convicts to keep the wards and yards clean. - Convicts sentenced to imprisonment shall keep their wards and yards clean, provided they belong to a class, the members of which are accustomed to perform such duties in their own homes. They shall not however be compelled to perform any menial duties for others or to do any work of a degrading character. ### 824. Convicts allowed to converse. - Convicts sentenced to simple imprisonment shall, except during parades, at exercise time and when ordered not to do so, be allowed to converse together in a quiet and orderly manner. ### 825. Employment of prisoners sentenced to simple imprisonment. - Provision shall be made by the Superintendent for the employment (as long as they so desire) of all criminal prisoners sentenced to simple imprisonment; but no prisoner not sentenced to rigorous imprisonment shall be punished for neglect of work excepting by such alteration in the scale of diet as may be established by the rules of the prison in the case of neglect of work by such a prisoner. ### 826. Conditions subject to which convicts may labour. (1) A prisoner sentenced to simple imprisonment volunteering to work, shall be allowed to choose such work as is available. (2) If in the opinion of the Superintendent, he performs a reasonable amount of work, he shall be entitled to labouring diet. (3) He shall not be punished for neglect of work otherwise than reversion to the non-labouring scale of diet. (4) If he expresses a desire at any time to cease work, he shall be permitted to do so. (5) If he elects to labour he shall be required to wear the prison uniform. ### 827. Convicts may be required to take exercise. - A convict sentenced to simple imprisonment who does not elect to labour shall, at the discretion of the Medical Officer, be required to take walking exercise for not more than an hour in the morning and an hour in the afternoon daily. Chapter XXIX Female Prisoners and Children ----------------------------------------------- ### 828. When adult Indian female convicts are to be sent to Lahore Female Jail. (1) Adult female convicts who are Indians, shall ordinarily be transferred to the Lahore Female Jail, if under sentence for a term of four months or over. (2) Adult female convicts, who are Indians, convicted in the Lahore District, shall be committed, in the first instance, direct to the Lahore Female Jail. ### 829. Disposal of female convicts not provided for in the preceding rule. (1) Every adult female convict who is an Indian and is not liable to be transferred under the provisions of the preceding rule, shall ordinarily be detained in the jail to which she is, in the first instance, committed : Provided that such jail possesses suitable and adequate accommodation for the purpose and subject to the limits thereof. (2) When the number of adult female convicts, who are Indians, confined in any jail is in excess of the accommodation available for such convicts in such jail, the number of such convicts in excess of such accommodation shall, without regard to the length of the term of the sentences to be undergone by them, respectively, ordinarily, be transferred to the Lahore Female Jail. ### 830. A female undertrial allowed to occupy a cell. - A female undertrial prisoner shall, with the permission of the Superintendent, have the choice of occupying a cell instead of the under-trial prisoners ward : Provided that a cell is available and that arrangements can be made, to place on duty a female warder or a female convict-officer at all times, within hearing of the prisoner and that the keys of the cell are always ready at hand. ### 831. When a female prisoner is the only occupant of ward. - If there be but one female prisoner in the jail, arrangements shall be made for a female warder to remain with her both by day and night. If she be a convict not eligible for transfer under paragraph 828, the Superintendent should, if of opinion, that her detention in that jail is inadvisable take the orders of the Inspector-General as to her transfer. ### 832. Children of female prisoners. (1) A child under the age of four years, the offspring of a female prisoner shall, if it has not been weaned and no friend or relative can be found to take charge of it, be admitted to jail with its mother. (2) A child born in jail may be permitted to remain with its mother. (3) As soon as any child admitted or born in jail attains the age of 4 years or female prisoner dies leaving a child under that age, the Superintendent shall communicate with the Magistrate of the District of which the mother is or was a resident, with a view to the child being made over to the charge of a relative or friend or being placed in an orphanage or being entrusted to some respectable person to be brought up at the expense of Government, if necessary, until it attains an age to earn a livelihood. (4) Any female prisoner may be allowed to retain her child with her until it is four or with the approval of the Superintendent even up to 6 years of age if she so desires. ### 832A. Children of male prisoners. (1) A child under the age of 4 years shall be admitted to jail with its father if its mother is dead and no friend or relative can be found to take charge of it. (2) As soon as any child admitted to jail with its father attains the age of 4 years or a male prisoner dies leaving a child under that age, the Superintendent shall communicate with Magistrate of the District of which the father is or was a resident with a view to the child being made over to the charge of a relative or friend or being placed at an orphanage or being entrusted to some respectable person to be brought up at the expense of Government, if necessary, until it attains an age to earn livelihood. (3) [ Any male prisoner whose wife is dead may be allowed to retain his child with him until it is 4 years or with the approval of the Superintendent even up to 6 years of age if he so desires.] [Para 832-A inserted on correction slip No. 832 Punjab Government Memo No. 10100-3J9-66/32283 dated 5.8.1966.] ### 833. Cancelled. ### 834. Conditions under which male officers may enter female enclosure. - A male officer of the jail may enter the enclosure occupied by females, only if he has a duty to attend to there and is accompanied by the female warder into every part of the ward or enclosure he may have to go. Should it be necessary to enter the female enclosure at night, the Head Warder on duty shall call the Deputy Superintendent, and the female warder and these three officers together shall enter. Warders acting as escorts to visitors or officials shall remain outside the enclosure. (2) Female prisoners shall be searched by a female warder. ### 835. Females to remain in the female enclosure. (1) No female prisoner shall, otherwise than under lawful authority, on any pretext leave or be removed from the female enclosure of the jail. (2) Well behaved women prisoners may be allowed to sleep outside at night during summer months subject to satisfactory security arrangement being available in the jail. ### 836. Supply of food to and conservancy of the female enclosure. (1) Cooked food shall be brought to the female enclosure by a convict-cook accompanied by a warder and placed outside the enclosure gate from whence it shall be taken inside by the female warder or a female prisoner. (2) The menial duties shall, whenever possible, be performed by the female prisoners and the refuse, &c., placed outside the enclosure, to be removed by male convicts. If there are no females of suitable caste for conservancy work, specially selected male convicts-sweepers shall be taken into the enclosure in charge of a warder and under the conditions laid down in paragraph 264. Convicts so admitted shall not be (allowed) to go out of the sight of warder or to hold any communication by word or gesture with the females. ### 836A. Female prisoners not to be employed on grinding. - Female convicts shall not be employed on grinding grains except as a punishment awarded by competent authority. ### 837. Keys of the female enclosure. Lock of main entrance. (1) The keys of the various locks in use in the female enclosure shall (other than the outer lock of the main entrance), be kept in possession of the female warder when she is present. (2) Before leaving the female enclosure, the female warder shall lock all the prisoners into their sleeping wards or workshops and having done so, shall lock the door of the main entrance and make the keys over to the Deputy Superintendent. Note 1. - When the matron leaves the ward, the main entrance door shall be locked on the outside double locks. The key of one of these will be handed over, with her other keys, by the matron to the Deputy Superintendent. The other keys, by day in the custody of the Head warder on duty and by night at the main gate. Note 2. - Paragraphs 834 to 837 do not apply to the Lahore Female Jail which has a female Deputy Superintendent and a staff of female warders. Chapter XXX Juvenile Prisoners ----------------------------------- ### 838. Power of Magistrate to send boys to a Reformatory School. - The officer in-charge of a prison in which a youthful offender is confined in execution of a sentence of imprisonment, may bring him, if he has not then attained the age of fifteen years, before the District Magistrate within whose jurisdiction such prison is situate; and such Magistrate may, if such youthful offender appears to be a proper person to be an inmate of a Reformatory School, direct that, instead of undergoing the residue of his sentence, he shall be sent to a Reformatory School and there detained for a period which shall be subject to the same limitations as are prescribed by or under Section 8 of the Reformatory Schools Act, VIII of 1897, with reference to the period of detention thereby authorised. [Note. - The above procedure shall be adopted as a general practice in all cases to which it applies. Nominal rolls of such prisoners in Form No. 176 should be submitted to the District Magistrate for action and copies thereof should be attached to the Quarterly Statement No. II, to which they pertain, for the information of the Inspector-General 1.] [P.G. No. 646(H- Jails) dated 7.1.1928.] ### 839. Reformatory School to which to be sent. - Every youthful offender directed by a Court or Magistrate to be sent to a Reformatory School shall be sent to such Reformatory School as the Local Government may, by general or special order, appoint for the reception of youthful offenders so dealt with by such Court or Magistrate : Provided that, if accommodation in a Reformatory School is not immediately available for such youthful offender, he may be detained in the juvenile ward or such other suitable part of a prison as the Local Government may direct - (a) until he can be sent to a Reformatory School, or (b) until the term of his original sentence expires, whichever event may first happen. Should the term of his original sentence first expire, he shall thereupon be released, but, should he be sent to a Reformatory School then the period of detention previously undergone shall be treated as detention in a Reformatory School. ### 840. Juveniles not sent to a Reformatory. - Juvenile convicts who are not transferred to a Reformatory School under the provisions of Section 10, Act VIII of 1897, shall, according to their sex, be detained in or transferred to, suitable Jails as laid down in paragraphs 841 and 842. ### 841. Juvenile Indian female convicts where to be confined. (1) Juvenile female convicts shall be transfered immediately on conviction to the Lahore Female Jail. (2) In all cases not provided for in clause (1) juvenile female convicts who are Indians may ordinarily be detained in the jail to which they may, in the first instance, be committed : Provided that if such jail did not possess suitable and adequate accommodation for the purpose, such convicts may be transferred immediately to the Lahore Female Jail. ### 842. Juvenile Indian male convict where to be confined. (1) Every juvenile male convict shall be transferred immediately on his conviction to the Lahore Borstal Institution. (2) In all cases not provided for in clause (1), juvenile male convicts, who are Indians, may ordinarily be detained in the Jail to which they may, in the first instance, be committed, provided that if such jail does not possess suitable or adequate accommodation for the purpose such convicts may be transferred immediately to the Lahore Borstal institution ### 843. Juveniles to be kept separate at night and associated by day. (1) In every jail which is provided with a separate juvenile ward, such ward should be cellular for the separation of the prisoners at night. If a suitable ward does not exist, juvenile prisoners should be confined in cells by night. (2) Juveniles may be allowed to associate during the day in the same enclosure or building, under the charge of an elderly warder, but the different classes should be made to sit some distance apart and all communication between them prevented. ### 844. Juveniles to be taught a handicraft, exercised daily and instructed. (1) Every juvenile convict shall be - (a) employed on or taught some simple and suitable handicraft; (b) exercised one hour each day, either by marching, by drill or by gymnastic exercises; and (c) if a male and sentenced to imprisonment for a year or more - be brought under a course of instruction in reading, writing and arithmetic for an hour in the morning and an hour in the afternoon daily. (2) The Inspector-General may, from time to time, prescribed the course of instruction which Juveniles shall be required to undergo. ### 845. Employment of a convict as instructor. - Should it be necessary at any time to employ a convict for the instructions of juvenile prisoners under the provisions of the preceding paragraph, an elderly, well- behaved casual prisoner should be selected. He shall on no pretext be left alone with the Juveniles. ### 846. [ Course of instruction for Juveniles. [P.G. No. 27196-Jails, dated 6th November 1922.] (1) The course of instruction which Juveniles shall be required to undergo under the provisions of paragraph 844(2), is as follows -] Syllabus \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Class \| Reading Urdu, Hindi or Gurmukhi \| Writing Urdu, Hindi or Gurmukhi \| Arithmetic, Urdu, Hindi or Gurmukhi \| \| I-Junior \| Primer (first half) \| Forming letters of the alphabet \| Numeration upto50 Notation upto 10 \| With concreteillustrations \| \| I-Senior \| Primer (2nd half) andreading simple, easy,unseen, sentences \| (a) Copy slip No. 1 \| (a) Notation and Numeration up to 100 \| \| \| \| (b) Writing letters, and simplecombination of letters fromdictation \| (b) Oral addition and subtractionup to 10 \| Ditto \| \| \| (c) Multiplication tables up to 10x10 \| \| \| II-Junior \| Reader I (easy series) \| (a) Copy slip No. 1 \| (a) Addition and substraction upto 10,000 \| \| \| \| (b) Transcription fromreading book \| (b) Multiplication tables up to 16x10 \| \| II-Senior \| Reader II (easy series) \| (a) Copy slip No. 2 \| (a) Multiplication tables up to 16x16 \| \| \| (b) Transcription fromreading book \| (b) Addition, substraction and multiplication up to one lakh \| \| \| \| (c) Easy dictation fromreading book \| \| \| \| III-Junior \| Reader III (easyseries) with explanation \| (a) Copy slip No. II \| (a) Fractional tables 1-1/2x20 1-1/4x20 \| \| \| (b) Transcription fromreading book \| (b) The four simple rules up to one crore \| \| \| \| (c) Dictation fromreading book \| \| III-Senior \| Reader III (difficultseries) with explanation \| (a) Copy slip No. 3 \| (a) Fractional tables 20x3/4 20x2-1/2 \| \| \| (b) Dictation fromreading book \| (b) Reduction (Indian Money table) \| \| \| \| (c) Simple easy compositionon familiar topics \| (c) Compound addition and substraction \| \| IV-Junior \| Reader IV (easyseries) with explanation \| (a) Copy slip No. 4 \| (a) The four compound rules \| \| \| (b) Dictation \| (b) Indian weights and measures \| \| \| (c) Composition on familiar topics \| \| \| \| IV-Senior \| Reader IV (easyseries) or Reader \| (a) Dictation \| (a) Simple interest \| \| \| \| IV (difficultseries) with explanation \| (b) Essay composition onfamiliar topics \| (b) Simple gurs \| \| \| \| \| (c) Letters, money orders, etc. \| \| \| Note - (a) Oral composition should be practical from the very beginning, first in the form of reproducing essay stories told by the teacher or learnt at home and description of familiar objects and scenes, later in giving of a passage or lesson received. (b) There should be constant practice in oral arithmetic in each class. Chapter XXXI Prisoners Condemned to Death ---------------------------------------------- [Note - As soon as a prisoner is sentenced to death the Police Officer who attends the trial, will inform the Superintendent of the Jail of the fact. If the sentence is passed by a Sessions Judge that Judge issues a Warrant of commitment pending confirmation of the sentence by the High Court. When the sentence of death is confirmed by the High Court or is passed by the High Court in appeal or revision, the Sessions Judge to whom the decision of the High Court is certified issues the warrant for the execution of the sentence of death, to the Superintendent of the Jail to which the prisoner was originally committed. If the condemned prisoner has been or should be transferred to another Jail the Superintendent to whom the original warrant of commitment was addressed, should return the warrant for the execution of the sentence of death to the Sessions Judge, intimating to him at the same time the Jail to which the prisoner has been transferred. The Sessions Judge then issues a revised warrant for the execution of the sentence of death to the Superintendent of the Jail in which the condemned prisoner is confined.] [High Court No. 2445-R XII-A-2, dated 10.4.44.] ### 847. Search of condemned prisoners on admission. (1) Every prisoner under sentence of death shall, immediately on his arrival in the prison after sentence, be searched by, or by order of the Deputy Superintendent, and all articles shall be taken from him which the Deputy Superintendent deems it dangerous or inexpedient to leave in his possession. Note - See also directions contained in paragraph 663-A. (2) Every such prisoner shall be confined in a cell apart from all other prisoners and shall be placed by day and by night under the charge of a guard. ### 848. Cell to be examined. - Every cell in which any convict who is under sentence of death, is at any time to be confined shall, before such convict is placed in it, be examined by the Deputy Superintendent, or other officer appointed in that behalf, who shall satisfy himself that it is secure and contains no article of any kind which the prisoner could by any possibility use as a weapon of offence or as an instrument with which to commit suicide, or which it is, in the opinion of the Superintendent, inexpedient to permit to remain in such cell. ### 849. Information to be intimated to prisoner. - The date fixed for the execution, the periods within which petitions must be despatched and the result of the petition in each case, shall be intimated to the condemned prisoner by the Deputy Superintendent. ### 850. Light to be kept burning at night. - From sunset to sunrise a good light shall be kept burning in front of the grated door of every cell in which a condemned prisoner is confined, so that he may at all times be under observation. ### 851. Munj mat not to be issued. - Prison clothing, bedding and necessaries shall be issued to condemned as to other convicts, with the exception of the munj or bhabbar mat which shall be withheld, and an extra blanket substituted. ### 852. The guarding of condemned prisoners. (1) If the permanent establishment of the jail is not sufficient to furnish the necessary number of warders to guard condemned prisoners, temporary establishment shall be entertained. (2) The duty of guarding condemned prisoner shall always be given to the most trustworthy warders on the permanent establishment, and the less responsible duties of the Jail to the more junior warders and men temporarily entertained. ### 853. Number of warders required for guarding. (1) To furnish one sentry for continuous duty day and night over a condemned prisoner three warders are required each to give eight hours of duty. (2) When there are two or more condemned prisoners confined in a jail at the same time, in cells situated at some distance from one another, a separate guard shall be placed over each cell, but if the cells are contiguous, one warder shall be posted to guard a maximum of four prisoners. (3) For any number of cells in excess of four, an extra guard shall be posted even when the cells are contiguous. (4) With two rows of cells facing and within a reasonable distance of each other one sentry may be given charge of any number of cells up to four on one side and four on the other. (5) When two or more cells are occupied, the sentry shall walk up and down past them, so that each prisoner guarded may be brought into view at short intervals. (6) The sentry shall be relieved as in the annexed table :- \| \| \| \| \| --- \| --- \| --- \| \| A \| B \| C \| \| 6-9 A.M. \| 9-12 Noon \| 12-3 P.M. \| \| 3-6 P.M. \| 6-9 P.M. \| 9-11 A.M. \| \| 11-1 P.M. \| 1-3 A.M. \| 3-6 A.M. \| ### 854. Warders to be armed. His duties detailed. (1) The warder on duty over a condemned prisoner shall be armed with a baton and provided with a rattle to give the alarm when necessary. (2) He shall be posted in, or immediately outside the door of the cell-yard, according as the prisoner is in the cell or cell yard respectively, and shall keep him constantly in view. (3) He shall allow no person except authorized Jail visitors, the Superintendent, the Medical Officer, the Deputy Superintendent, the Senior Assistant and Assistant Superintendents, the Medical Subordinate, the head warder on duty, and the authorised menials of the jail under proper guard, to go near or communicate with the prisoner, without an order in writing from, or unaccompanied by the Superintendent. ### 855. Management of keys. Conditions under which the door may be opened. (1) The keys of the cell in which a condemned prisoner is confined shall be kept by the head warder on duty who, on hearing the alarm, shall proceed to such cell which, in case of emergency such as attempt by the prisoner to commit suicide, he shall enter and with the help of the sentry segrate it. (2) At no other time shall the door of the cell in which a condemned prisoner is confined, be opened without first handcuffing the prisoner and so securing him against the possibility of using violence or, if he declines to be handcuffed, unless at least three members of the establishment are present. (3) The locks in use in a condemned cell shall be such as cannot be opened by any keys in use in the Jail, other than those properly belonging to them. ### 856. Occupation of cell yard. Precautions to be taken. (1) A condemned prisoner should (unless there are any special reasons against it, which reasons should be recorded by the Superintendent in his journal), be permitted to occupy the courtyard of his cell for half an hour each morning, and evening but only one such prisoner at a time should be allowed to do so. (2) During the time a condemned prisoner occupies his cell-yard, both the cell and yard doors should be kept locked and on each occasion before opening the cell-door to admit the prisoner to the yard, handcuffs should be applied and remain on him till he is again locked into the cell. (3) A condemned prisoner shall not be removed from his cell to the cell- yard or vice-versa for any purpose, except in the presence of the head-warder. (4) A convict sweeper or other prisoner allowed to enter the cell of a condemned prisoner to perform any duty, shall first be carefully searched and while carrying out his work, shall be kept under close observation by the warders on duty. Before the cell door is opened, handcuffs should be applied to the condemned man, and not be removed till the cell door is locked upon him. Note - To allow of handcuffs, being applied before the cell door is opened, the prisoner should be asked to thrust his hands between two of the bars of the grated door; when he has been locked into the cell, the handcuffs can be removed in a similar manner. ### 857. Duty of head-warder over condemned prisoner. - The head-warder on duty shall visit the cell occupied by a condemned prisoner frequently and at uncertain hours during the day and night and satisfy himself that the sentry is on the alert, the cell secure, the fight burning brightly and that the prisoner is present. (2) He shall forthwith report to the Deputy Superintendent any suspicious conduct on the part of a condemned prisoner or any dereliction of duty on the part of the sentry. ### 858. Condemned prisoners to be searched twice daily. - Morning and evening daily, the Deputy Superintendent or, under his directions, the Assistant Superintendent, shall carefully search every condemned prisoner and the cell he occupies, with his own hands and make a note of his having done so and of the result in his journal. ### 859. Diet, precautions to be taken. (1) A prisoner under sentence of death shall be allowed the ordinary diet of a labouring convict. (2) All food intended for consumption by a condemned prisoner shall be examined by the Deputy Superintendent, Assistant Superintendent or Medical Subordinate, who may withhold any article he regards with suspicion and report the circumstances to the Superintendent. The food shall be delivered to the prisoner in the presence of one or other of these officers. ### 859A. [ Condemned prisoners allowed use of books and tobacco. [P.G. No. 19195-Jails, dated 10.7.1922 - P.G. No. 2377 Jails dated 20.1.1932.] - Any condemned prisoner who can read should be provided with a supply of such books as he may wish for, from the jail liberary and from outside if he desires to purchase them subject to the approval of the Superintendent. No newspaper should be allowed. Prisoners who smoke should be given cigarettes daily at the expense of the Government. All reasonable indulgences should be allowed in the matter of interviews with relatives, friends, legal advisers and approved religious ministers.] ### 860. Delay in carrying out a death sentence. - Should any delay occur in executing a sentence of death, other than that arising from the submission of a petition for mercy, the Superintendent shall forwith report the circumstance to the Sessions Judge and return the original warrant either for the issue of a new one or for the endorsement upon the same warrant of an order fixing another date for the execution. ### 861. Exceptions in the case of females. - In the case of a female under sentence of death - (a) the prisoner shall be guarded by female warders who shall not be provided with batons; (b) the search of the prisoner shall be conducted by the matron or a female warder without the presence of any male official but the cell shall be examined by the Deputy Superintendent; (c) the food shall be distributed by a female warder in the presence of the Deputy Superintendent; and (d) the prisoner shall not be handcuffed when she is allowed into the cell-yard. ### 862. Female certified to be pregnant. - When a female prisoner sentenced to death is certified by the Medical Officer to be pregnant, the warrant with the fact noted thereon, shall be returned to the Sessions Judge who is empowered to direct postponement of the execution pending the order of the High Court. ### 863. Female declares herself pregnant. - When a female prisoner sentenced to death declares herself to be pregnant and the Medical Officer is unable to certify the truth or otherwise of the statement, he shall record the fact and the interval of time necessary to enable him to arrive at a decision on the point in writing. This record with the warrant attached, shall be forwarded to the Sessions Judge. ### 864. Sentence may be postponed or commuted. - If a woman sentenced to death be found to be pregnant, the High Court shall order the execution of the sentence to be postponed, and may, if it thinks fit, commute the sentence to transportation for life. ### 864A. [ Prohibitions against removal of convict under sentence of death to give evidence. [The 11th June, 1972. No. 4813-5JJ-72/29634.] - The State Government may, having regard to the matter specified in Section 2 of the Prisoners (Attendance in Court) Act, 1955 by general or special order, direct that a convict under sentence of death shall not be removed from the prison in which he may be confined, and thereupon so long any such order remains in force, the provisions of Section 3 of the Prisoners (Attendance in Court) Act, 1955 shall not apply to such a convict.] ### 865. Officer responsible for executions. Mishap to be reported. (1) The Superintendent is responsible that the arrangements for an execution are complete and made in good time and that the gallows, rope, cap and pinioning straps are in good order. (2) The occurrence of any mishap or departure from the orders laid down, shall be reported to the Inspector-General. Note - Executions take place at the District Jail of the district in which the prisoner is confined after the sentence of death has been passed unless the warrant otherwise directs. ### 866. Description and testing of rope. (1) A Manilla rope one inch in diameter shall be used for executions. At least two such ropes in serviceable condition shall be maintained at every jail where executions are liable to take place. [Note - The rope should be 19 feet in length, well twisted, and fully stretched. It should be of equal thickness, capable of passing readily through the nose-ring and sufficiently strong to bear a strain of 280 lbs. with a 7 foot drop.] [P.G. No. 1726-S.-Jails, dated 3.7.1922.] (2) The ropes shall be tested in the presence of Superintendent at least a week before the date fixed for the execution and if they fail to pass the test, others shall be obtained at once and tested when received. (3) Ropes that have been tested shall be locked up in a place of safety. (4) On the evening before the execution is to take place, the gallows and rope should be examined to ascertain that they have received no injury since being tested. Note - The rope shall be tested by attaching to one end a sack of sand or clay equal to one and a half times the weight of the prisoner to be executed and dropping this weight the distance of the drop to be given to the prisoner. ### 867. Officers to attend execution. - The Superintendent and Medical Officer of the Jail and the Magistrate of the District, or a first class Magistrate deputed by him, are to be present when an execution is being carried out. The Medical Officer must not be below the rank of an Assistant Surgeon; in case the Superintendent is a Medical Officer it is not necessary for another Medical Officer to attend, and if he is a Magistrate of the first class, it is not necessary for another Magistrate to attend. ### 868. The execution. (1) Executions shall be carried out by the Public Executioner whenever the services of that official are available and failing him, by his assistant or some trustworthy individual locally entertained for the purpose. (2) On the first occasion of the employment of any person to perform the work of an Executioner, the Superintendent shall satisfy himself that he understands how to perform the duty. Such person shall reside at the jail for two days prior to the day fixed for the execution. Note - The services of the Punjab Executioner should be obtained through the Superintendent of the Lahore Central Jail to whom who be intimated, at the same time, the date fixed for the execution. ### 869. Execution of a British soldier. (1) The officer in charge of a jail shall, when the gallows is not a fixture, make it over temporarily to the Military authorities whenever they make application for it. (2) The Superintendent of the Lahore Central Jail is required to provide the services of a hangman and all requisites, including a properly tested rope, when application is made to him by the Military authorities. (3) [ When a convict hangman is supplied, he shall be sent in charge of a jail officer who shall be responsible for him and his behaviour at the place of execution.] [P.G. letter No. 771 of 3.6.1899.] ### 870. Warder Guard at executions. Police force when necessary. (1) When the execution is to take place within the walls of the jail, 12 men of the Warder Guard shall "fall in" with their firearms and 10 rounds of buckshot ammunition per man, near the jail gateway fifteen minutes before the hour fixed for the execution. The guard shall not enter the jail unless called upon to suppress a disturbance or when spectators are admitted. (2) When the execution is to take place outside the jail walls, the Superintendent shall send intimation of the fact to the Superintendent of Police two clear days before the date fixed for the execution to enable that officer to arrange for the attendance of Police Guard of 1 Sub-Inspector, 2 Head Constables and 12 Constables, and more if a disturbance is apprehended. The Police Guard is to be in addition to the available Warder Guard of the Jail which shall also "fall in" in the same manner as and when the execution is inside the jail. (3) Whenever an execution is being carried out, the prisoners shall be locked up in their barracks till the body is removed. ### 871. Regulation of the "drop". - The following scale of drop proportioned to the weight of the prisoner, is given for general guidance, the Superintendent must use his discretion and be guided by the advice of the Medical Officer and the physical condition of the prisoner :- \| \| \| \| \| --- \| --- \| --- \| \| For a prisoner under \| 100 lbs weight \| 7 \| \| For a prisoner under \| 120 lbs weight \| 6 \| \| For a prisoner under \| 140 lbs weight \| 5-1/2 \| \| For a prisoner under \| 160 lbs weight \| 5 \| Note :- The "drop", is the length of the rope from a point of the rope opposite the angle of the lower jaw of the criminal as he stands on the scaffold, to the point where the rope is embraced in the noose after allowing for the constriction of the neck that takes places in hanging. ### 872. Time of executions. Procedure to be adopted. (1) Executions shall take place at the following hours :- \| \| \| \| --- \| --- \| \| November to February \_\_\_ \| 8 A.M. \| \| March, April, September and October \| 7 A.M. \| \| May to August \| 6 A.M. \| (2) [ The Superintendent and Deputy Superintendent will visit the condemned prisoner in his cell a few minutes before the hour fixed for execution. The Superintendent shall then first identify the prisoner as the person named in the warrant and read over a translation of the warrant in vernacular to the prisoner. Any other documents requiring attestation by the prisoner, such as his will shall thereafter be signed and attested in the presence of the Superintendent. The Superintendent will then proceed to the scaffold, the prisoner remaining in his cell. In the presence of the Deputy Superintendent the hands of the convict will next be pinioned behind his back and his leg irons (if any) struck off.] [P.G. letter No. 3096-5 H.-jails, dated 14-7-1932.] (3) [ The prisoner shall now be marched to the scaffold under the charge of the Deputy Superintendent and guarded by a head warder and six warders two proceeding in front, two behind and one holding either arm.] [P.G. No. 2394 H-Jails dated 22.1.1927.] (4) On the arrival of the prisoner at the scaffold where the Superintendent, Magistrate and Medical Officer have already taken their places, the Superintendent shall inform the Magistrate that he has identified the prisoner and read that warrant over to him in vernacular. The prisoner shall then be made over to the executioner. (5) The criminal shall now mount the scaffold and shall be placed directly under the beam to which the rope is attached, the warders still holding him by the arms. (6) The executioner shall next strap his legs tightly together, place the cap over his head and face and adjust the rope tightly round his neck the noose being 1-1/2 inches to the right or left of the middle line and free from the flap of the cap. (7) The warders holding the condemned man's arms shall now withdraw and at a signal from the Superintendent, the executioner shall draw the bolt. ### 873. Body to remain suspended half an hour. Return of warrant. (1) The body shall remain suspended half an hour and shall not be taken down till the Medical Officer declares life extinct. (2) The Superintendent shall return the warrant of execution with an endorsement to the effect that the sentence has been carried out. ### 874. [ Spectators may be admitted. [G. of I. letter No. 287 of 10th September, 1909 and P.G. endorsement No. 381 of 29th September, 1909.] - Adult male relatives of the condemned prisoner and respectable male adults up to a maximum of 12 in all, may be admitted under the sanction of the Inspector-General, to witness an execution either inside the Jail, or into the gallows enclosure when the gallows is outside the Jail provided that the Inspector General may, in his discretion refuse admission altogether or to any particular individual. Spectators are to be kept at a distance and a sufficient strength of the Warder Guard should be drawn up close at hand, ready prepared to suppress any disturbance or frustrate any attempt at rescue.] Chapter XXXII State Prisoners ---------------------------------- ### 875. Report when a State prisoner is received. (1) When any person committed for safe custody under the provisions of Regulation III of 1818, is received into any jail, an immediate report of the circumstance shall be made to the Inspector-General. (2) This report should give the rank of the prisoner in question, with particulars of the order directing his detention and the provision made for his safe custody, dieting and treatment. ### 876. How State prisoners are to be treated. - Every State prisoner shall, subject to the provisions of the Regulation for the confinement of State Prisoners, 1818, be treated in such manner as the warrant or order committing him to jail may direct. ### 877. When a State prisoner is to be treated as a civil prisoner. - For the purposes of the Prisons Act, 1894, and unless the warrant of commitment or other order relating to any prisoner confined under the Regulation for the confinement of State prisoners, 1818, otherwise directs, every State prisoner shall be deemed to be a civil prisoner. ### 878. When to be treated as an unconvicted criminal prisoner. - If the warrant or order relating to any State prisoner directs that he be confined in the criminal jail, he shall, for the purposes of the Prisons Act, 1894, be treated as an unconvicted criminal prisoner. ### 879. Report to Government regarding State prisoners. - Every officer in whose custody any State prisoner may be placed shall, as soon after taking such prisoner into his custody as may be practicable, report to the Governor General in Council whether the degree of confinement to which he may be subjected appears liable to injure his health, and whether the allowance fixed for his support be adequate to the supply of his own wants and those of his family, according to their rank in life. Note - The report should be submitted through the Deputy Commissioner and the Local Government. ### 880. Inspector General to issue orders. - The Inspector-General shall issue such orders as he may consider necessary and as are not inconsistent with the instructions of Government, for the health and comfort of every State prisoner. ### 881. Officers to submit periodical reports. - Every Superintendent of a prison in whose custody any State prisoner is, must, on the 15th of January and 15th of June of each year, submit to the Commissioner of the Division a report on the conduct, health and comfort of such prisoner; and also submit a copy of this report to the Inspector-General, for information. ### 882. Representations by State prisoners to be submitted. - The officer in whose custody any State prisoner may be placed is to forward, with such observations as may appear necessary, every representation which such State prisoner may from time be desirous of submitting to the Governor General in Council. ### 883. No State prisoner to be transferred. - No State prisoner shall be transferred from any one to any other Jail otherwise than under the special orders of the Government. ### 884. Appropriation of allowance. - Every officer in whose custody any State prisoner may be placed shall take care that the allowance fixed for the support of such State prisoner is duly appropriated to that object. ### 885. When prison diet is to be supplied. - In the absence of any direction to the contrary given under Regulation III of 1818, every State prisoner who is not permitted to maintain himself shall be subjected to prison diet of the scale for the time being prescribed in respect of convicts who are not subjected to labour. ### 886. Provision as to clothing &c., of State prisoners. - When any State prisoner is not permitted to maintain himself, he shall be provided with such clothing, bedding and other necessaries as the Superintendent, subject to the control of the Inspector-General may, from time to time, prescribe in that behalf. ### 887. Procedure on death, transfer or release. (1) On the death of a State prisoner, a special report with particulars, shall be made to the Inspector- General for submission to Government. The order and warrant shall at the same time to be returned through the Inspector-General with an endorsement certifying to the prisoner's death. (2) A report shall be made to the Inspector-General when a State prisoner is transferred to another Jail or released under the orders of Government; in the latter case the order or warrant shall accompany the report with an endorsement certifying to the release of the prisoner. Chapter XXXIII Lunatics ---------------------------- ### 888. Classification of criminal lunatics. - The expression "criminal lunatics" shall be deemed to include persons of the following classes, namely :- (1) a person who is charged with an offence, in respect of whose soundness of mind the Magistrate trying the case entertains doubts and who is sent to a jail for medical observation, under Section 464 of the Code of Criminal Procedure; (2) a person who is charged with an offence, but who, by reason of unsoundness of mind, is incapable of making a defence, and who is in consequence, detained under Section 466 of the Code of Criminal Procedure pending the orders of the Local Government; (3) a person who has been held to have committed an act which would but for the unsoundness of mind of the doer, have constituted an offence, but who has been acquitted on the ground that he was of unsound mind when the act was committed, and is detained under Section 471 of the Code of Criminal Procedure pending the orders and during the pleasure of the Government and (4) a convict who becomes insane. ### 889. Non-criminal lunatics. - Non-criminal lunatics shall be detained in :- (a) the mental hospital in districts where there is a mental hospital; (b) where there is no mental hospital but a civil hospital or dispensary where, in the opinion of the District Magistrate, suitable accommodation and establishment for the reception and custody of lunatics exists, in such civil hospital or dispensary; (c) in other cases in the District Jail. (2) When a lunatic is detained in a jail, the Superintendent should make the best arrangements in his power for the comfort of the lunatic, having regard to his class and condition in life, and should keep him as far as possible apart from the convicts. ### 890. Detention of non-criminal lunatics. Procedure when period expires. - The maximum period during which a non-criminal lunatic can be detained for observation is 14 days. Upon the expiry of this period the Superintendent shall address the Magistrate or officer under whose warrant the person is detained, pointing out that the authorised period of detention has expired and requesting that an order for the release of the person detained or his transfer to any asylum be furnished. If by the end of seven days more the Superintendent has not received the Court's order, he shall report the matter to the Inspector-General. Note - Non-criminal lunatics shall be entirely excluded from all statistical returns relating to jails. The maintenance charges for the period of observation shall be borne by the Jail Department. If the patients after the period of observation are duly certified and reception orders issued then the cost of maintenance from the date of the reception orders shall be met by the Medical Department, even though the patients be detained in jails. ### 891. Procedure when certain lunatics are committed to Jail. (1) Whenever a person belonging to class 2 is detained in a Jail under Section 466 of the Code of Criminal Procedure, the Superintendent shall apply to the District Magistrate for an order for this transfer to mental hospital in anticipation of the receipt of orders from Government. (2) Whenever a person belonging to class 1 or class 2 is detained in a jail for more than a month, the fact shall be reported to the Inspector- General. ### 892. Criminal lunatics how to be confined. (1) Whenever a criminal lunatic is found to be dangerous, noisy or filthy in his habits, he shall be confined in a cell, and kept under strict and continuous supervision. (2) Save as provided in clause (1) criminal lunatics other than convicts who have become insane, may, in the discretion of the Medical Officer, be detained in the Jail hospital or in a ward set apart for unconvicted criminal prisoners. ### 893. [ Report on a convict who becomes insane. [See Section 30, Act III 1900, App. 1 - P.G. No. 1726-S Jails dated 3.7.22.] - If any convicts becomes insane, a report regarding his case shall be submitted to the Inspector- General with a view to obtaining the orders of Government for his removal to a mental hospital. With this report shall be forwarded] :- (a) a descriptive roll of the prisoner (Form No. 61). (b) his descriptive roll in Form No. 9 of Punjab Mental Hospital Manual. (c) medical certificate in form No. 3 of schedule 1 of Act IV of 1912. ### 894. Transfer of a lunatic to a mental hospital. (1) On receipt of an order from Government for the removal of a lunatic to a mental hospital, the Superintendent shall forward him to the mental hospital specified with :- (a) the Government order directing his transfer; (b) [ his descriptive-roll in form No. 9 of the Punjab Mental Hospital Manual;] [See Section 30, Act III, 1900, App. 1 - P.G. No. 1726-S Jails, dated 3.7.22.] (c) a medical certificate in form. No. 3 of schedule I of Act IV of 1912; (d) his history ticket and private property (if any); (e) warrant of imprisonment - if a convict; (f) remission sheet - if a convict; (g) a copy of the Court's Judgment in his case - if a convict. (2) The Superintendent of a Jail while sending a condemned prisoner to Mental Hospital in the State for treatment or observation shall requisition special Police Guard to escort the condemned prisoner to the Mental Hospital. Note 1 - If the court's judgment does not contain full particulars of the offence committed, a copy of the Police report on the arrest, or that of the Police roznamcha, should accompany the lunatic. Note 2 - All Government property accompanying a lunatic on transfer to a Mental Hospital should be returned to the despatching jail. ### 895. Conditions before a transfer can be made. - No criminal lunatic shall be transferred from a Jail to a lunatic asylum. (a) unless the Medical Officer certifies, immediately before his despatch, that he is mentally and physically fit to undertake the journey; and (b) until it has first been ascertained that the Superintendent of the mental hospital to which it is proposed to send him is prepared to receive him. ### 896. Transfer in anticipation in urgent cases. - In urgent cases (i.e. if the lunatic is dangerous, noisy or filthy in his habits), the Superintendent may, with the previous consent of the Superintendent of the mental hospital, transfer the prisoner to the Mental Hospital in anticipation of Government sanction. In such cases, with the lunatic shall be forwarded the documents required by paragraph 894, with the exception of the Government order which should follow immediately after it has been received. ### 897. Procedure when sentence is about to expire. - When a convicted criminal lunatic cannot be transferred so as to reach the mental hospital before his sentence expires, he shall be detained in jail and on the expiry of his sentence treated as a non-criminal lunatic. ### 898. [ Time spent in asylum to court as sentence. [See Section 30, Act III 1900, App. 1.] - When any convicted criminal lunatic has become of sound mind, and an order has been issued by Government for his return to jail, the time during which he was detained in the mental hospital shall be reckoned as sentence undergone.] ### 899. Procedure when a recovered lunatic has a relapse. (1) When a recovered convicted criminal lunatic undergoing probation in a jail has a relapse of insanity, he should be immediately retuned to the mental hospital from which he came, in anticipation of the orders of Government. In such a case the documents, etc., required by paragraph 894, should be forwarded with him, the Government order should follow immediately after it has been received. (2) The Superintendent shall forthwith apply through the Inspector-General for the confirmation of his action by the Local Government, submitting at the same time the documents required by paragraph 893. ### 900. Treatment of lunatic returned to jail. - When a recovered criminal lunatic is returned to a jail he shall be given some employment with or without pay and with such an amount of liberty as the Medical Officer may consider safe. ### 901. Lunatics to be visited by Inspector-General. - When any person is confined under the provisions of Section 466 or Section 471 of the Criminal Procedure Code, the Inspector-General of Prisons, if such person is confined in jail, or the visitors of the mental hospital, or any two of them, if he is confined, in a mental hospital, may visit him in order to ascertain his state of mind and he shall be visited once at least in every six months by such Inspector-General or by two of such visitors as aforesaid and such Inspector- General or visitors shall make a special report to the Local Government as to the state of mind of such person. ### 902. Procedure when prisoner is reported capable of making his defence. - If such person is confined under the provisions of Section 466 of the Criminal Procedure Code, and such Inspector-General or visitors shall certify that in his or their opinion such person is capable of making his defence he shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such person under the provisions of Section 468, and the certificate of such Inspector-General or visitors as aforesaid shall be to receivable as evidence. ### 903. Officers empowered to act for Inspector-General. - The officer being a Medical Officer incharge of a Jail in which a person is confined under the provisions of Section 466 or 471 of the Criminal Procedure Code, is empowered to discharge all or any of the functions of the Inspector-General under Section 473 of the Code. ### 904. Half-yearly return of criminal lunatics. - In accordance with the instructions in the preceding paragraph, Superintendents shall, on the 1st of January and 1st of July of each year forward to Inspector-General a report (Form No. 99) on the prisoners confined in their jails under Sections 466 or 471 of the Criminal Procedure Code. Note - Where no such prisoners are confined in the Jail, a blank return should be submitted. ### 905. Discipline and punishment of lunatics. - A lunatic cannot be punished for any act committed by him but such restraints can be imposed as are necessary to prevent him injuring himself or others, or causing inconvenience. (2) A person confined during the pleasure of Government (Section 471 of the Criminal Procedure Code) when not actually insane, is subject to the same discipline as a convict sentenced to rigorous imprisonment, except that he cannot be made to labour. (3) A person who is confined under observation is, if sane, liable to Jail discipline. Note - Rules for the guidance of Executive and Judicial officers in dealing with criminal lunatics will be found in Appendix No. XII. Chapter XXXIV Lepers ------------------------- ### 906. Record of leprosy on history-ticket. - When any convict prisoner convicted, unconvicted, or civil, is found to be suffering from leprosy, the Medical Officer shall record the fact in history-ticket. ### 907. Procedure when it is desired to transfer a leper. - Whenever the Medical Officer records that a convict is suffering from leprosy and that his separation from other prisoner is necessary, the Superintendent shall submit his descriptive roll (Form No. 61) to the Inspector-General, who shall order the transfer of the prisoner to a place where there is accommodation for leper convicts. ### 908. Leper convicts to be sent to Ambala Jail. - The leper criminal ward in the Ambala Jail has been declared by the Local Government to be a place to which leper convicts may be sent and detained. ### 909. Segregation and disinfection. - Any under-trial or convicted prisoner who is suffering from leprosy, shall, pending transfer or release, be confined in a cell, but care shall be taken that such confinement is not solitary. A cell or other compartment occupied by a leper shall be thoroughly disinfected, the floors renewed and walls replastered before any other prisoner is confined in it. Note - Clothing and bedding used by a leper prisoner should be destroyed and not re-issued. Chapter XXXV European Prisoners ------------------------------------ ### 910. Cancelled. ### 911. Cancelled. ### 912. Cancelled. Chapter XXXVI Prisoner's Food ---------------------------------- SECTION I Diet ### 913. Prisoners not to possess, receive or consume any article not prescribed. - Subject to the provisions of Section 31 of the Prisons Act, 1894, and the rules made thereunder, as to civil prisoners and unconvicted criminal prisoners, who are permitted to maintain themselves, no criminal or civil prisoner shall at any time receive or possess or be permitted to receive, consume or possess, any article of food or drink not provided for or supplied to him in the manner hereinafter in these rules provided in that behalf. ### 914. Daily issue of prison diet in three meals. - Every convict and every unconvicted criminal or civil prisoner who does not maintain himself shall, when not lawfully subjected to punishment by penal diet, or placed on special diet, on medical grounds by proper authority, daily receive the scale of prison diet provided, for prisoners of the class to which he belongs. ### 915. Food to be issued at each meal. - The food of Indian prisoners other than those sick in hospital, shall ordinarily be issued in three meals as follows : Early morning meal - half the bread, half the oil and the whole of the dal; Mid-day meal - the parched or boiled gram. Evening meal - the remainder of the bread and oil with the whole of the vegetables. (2) The early morning and mid-day meals may be interchanged at the discretion of the Medical officer. ### 916. Powers to fix scales of prison diet. - The Inspector- General, with the previous sanction of the Local Government, shall fix the scale of prison diet to be provided in respect of each class of prisoners and, with the like sanction, may, from time to time,- (a) vary the scale of prison diet generally, or that prescribed in respect of prisoners of any class; (b) prescribe a special scale of prison diet in respect of the prisoners confined in any Jail or in the jails situate within any specified local area; and. (c) prescribe a special scale of prison diet in respect of any period or periods of time, during any season of the year. ### 917. Scale of diet for prisoners of various classes. Exhibition of scales. (1) The scales of prison diet from time to time prescribed, shall contain provision in respect of prisoners of each of the following classes, namely:- \| \| \| \| --- \| --- \| \| (A) Indian \| Convicted criminal prisoners and unconvicted criminal prisoners who do not maintain themselves; \| \| (B) European \| \| (1) Adult males \| (a) when subjected to labour; (b) when not subjected to labour; \| \| (2) Adult female \| (a) when subjected to labour; (b) when not subjected to labour; \| \| (3) Juveniles \| (a) over sixteen years of age; (b) under sixteen years of age; \| \| (C) Indian (D) European \| civil prisoners - when diet money is not provided; \| \| (E) Indian (F) European \| civil or criminal prisoners - when in hospital; \| \| (G) Female prisoner \| when nursing infants which are permitted to reside in the jail. \| (2) Provision shall also be made in the scales prescribed under clause (1), for the diet to be allowed in respect of any infant permitted to reside in jail with its mother (who is a prisoner) or after the death of its mother. (3) Copies of the scales of diet for the time being in force in any jail, shall be exhibited in the manner provided, in regard to the exhibition of copies of rules in Section 61 of the Prisons Act, 1894. ### 918. Powers reserved to Medical Officer to vary prison diet. - Nothing in the foregoing rules contained shall be deemed in any way to limit or restrict the power of the Medical Officer, in his discretion, at any time, to prescribe any special dietary in respect of any prisoner, or to direct the manner in, extent to, and period for which the prescribed scale of prison diet shall be varied or supplemented in the case of any such prisoner : Provided that it shall not be lawful for the Medical Officer to vary, in any case, the scale of prison diet for the time being prescribed, by way of punishment, or otherwise than in the manner and to the extent and for the period for which it may, in such Medical Officer's opinion, be expedient, to do so on medical grounds and for the benefit of the prisoner concerned. Note - Change of dietary of any class of prisoners requires the sanction of the Inspector-General. ### 919. Cancelled. ### 920. [ Scales of diet. [P.G. No. 35717-Jails, dated 2.12.1930.] - Under the authority of paragraph 916, the following scales of diet are prescribed for prisoners in the jails of the Punjab :] I - Indian Prisoners \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Class of Prisoner \| Twice a week \| Once a week \| Daily \| \| \| Dal \| Dal masur \| Dal Moong \| Dal gram \| Wheat Atta \| Gram for parching \| Salt \| Condiments \| Vegetable \| Sarson or Toria oil \| Firewood \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| 10 \| 11 \| 12 \| \| Labouring diet \| Gm. \| Gm. \| Gm. \| Gm. \| Gm. \| Gm. \| Gm. \| Gm. \| Gm. \| Gm. \| Gm. \| \| Male convicts over 16 years of age sentenced to rigrous imprisonment Male convicts over 16 years of age sentenced to simple imprisonment who labour voluntarily. Adult male unconvicted criminal prisoners \| 70 \| 70 \| 70 \| 70 \| 580 \| 115 \| 15 \| 7 \| 230 \| 15 \| 350 \| \| Non-Labouring diet \| \| \| \| \| \| \| \| \| \| \| \| \| Male convicts sentenced to simple imprisonment, all female prisoners, civil prisoners maintained at Government expenses. Male convicts under 16 years of age. Juvenile unconvicted criminal prisoners. \| \| \| \| \| \| \| \| \| \| \| \| When Ghi is issued to convalescents in lieu of oil, one-fourth of 60 Gm. per prisoner per day is allowed. [Note 1 - Adult labouring prisoners in the Lahore Female Jail shall receive grains on the scale allowed to adult labouring male prisoners.] [P.G. No. 4779.S (H-Jails) dated 20.9.1926.] Note 2 - The dietary of adolescent convicted prisoners is 115 grams of flour daily in excess of the scale. Note 3 - Dal of the same kind should not be issued on two consecutive days. [Note 4 - Each labouring prisoner should get 60 gm. of Gur daily. Further, each non-smoking condemned prisoner shall receive 45 gms of Gur once a week in addition to daily ration of 60 gms. while those who wish to smoke should be allowed 2 cigarettes daily instead of 4 biris where cigarettes are either not available or otherwise costly.] [P.G. No. 2377- Jails dated 20.1.1932.] [Note 5 - Scale of firewood is increased from 365 grams to 465 grams per head for those Jail Kitchens where the average population of either Hindus or Muhammdans does not exceed 100 prisoners.] [P.G. No. 28962 (H. Jails), dated 14.10.1930.] Note 6 - Each convicted non-labouring prisoner should be supplied with 30 grams of Gur once a week. Note 7 - Half or full meal of rice at the scale of 580 gms. and 465 grams per day may be issued to labouring prisoners respectively belonging to Simla and Kangra Districts of the Punjab and those belonging to the States of West Bengal, Bombay, Assam, Bihar, Nepal, Andhra, Madras, Mysore, Kerala and Orissa, confined in the Jail if the wheat ration is surrendered by them in lieu of rice. The option of half or full meal of rice will be exercised by the prisoners to whom these orders would apply. Authority - Punjab Government Memorandum No. 544-JJ-58/49651, dated 27th June, 1958 and Punjab Government Memorandum No. 8746-JL 58/80541, dated 29th October, 1958. Halwa shall be issued to all prisoners in the following festivals : (1) Id-ul-Fitr, (2) Id-ul-Zuha, (3) Baisakhi, (4) Dussehra, (5) Guru Nank's birthday, (6) Guru Gobind Singh's birthday, (7) Christmas day, (8) Easter Sunday. The Halwa should be cooked out of their rations of Gur, Oil and Atta. Note 8 - Seasonal vegetables such as carrot, cucumber and radish may be issued to prisoners in raw form in addition to cooked vegetable up to a maximum of 230 grams per prisoner or less subject to their availability in the ail garden. Each prisoner shall be issued a cup of tea daily measuring 250 grams (1/4 litre) which will be prepared according to the following formula. \| \| \| --- \| \| 40 cups (250 grams each) of tea. \| \| Milk \| 1 Kg. \| \| Sugar \| 800 Grams \| \| Tea leaves \| 50 Grams. \| Note 9 :- 50 Kg of fire wood or 2 quintals of wood shaving/waste Boora in lieu of 50 kg of fire wood shall be issued for parching one quintal of gram (Approved by HR Government memo No. 16507-5JJ-67/33947 dated 14 November, 1967.) II - Indian Prisoners in Extra-Mural Labour Jails \| \| \| \| --- \| --- \| \| TWICE A WEEK ONCE A WEEK \| DAILY \| \| \| \| \| Meat or Dahi \| \| \| \| \| \| \| \| \| Dal Urd \| Dal Masar ordinary \| Dal Mung \| Meat \| Dahi \| Wheat \| Oil \| Salt \| Condiments \| Vegetables \| Gram for parching \| Firewood \| Wheatflour made into bread to be given with parched or boiled gram to convicts employed on excavation work only \| \| Gm. \| Gm. \| Gm. \| Gm. \| Gm. \| Gm. \| Gm. \| Gm. \| Gm. \| Gm. \| Gm. \| Gm. \| Gm. \| \| 140 \| 140 \| 140 \| 230 \| 175 \| 580 \| 40 \| 15 \| \| \| 175 \| 350 \| 140 \| [Note 1 - Dal of the same kind should not be issued on two consecutive days] [P.G. No. 4779 (H-Jails), dated 20-9-1926.] III - European Prisoners Foreign prisoners will be provided diet as far as possible in accordance with their habits. \| \| \| --- \| \| Scale of diet for "A" and "B" Class prisoners as accustomed to Eastern mode of living \| \| Flour \| \_\_\_ \| 465 grams \| \| Dal \| \_\_\_ \| 70 grams \| \| Ghi \| \_\_\_ \| 60 grams \| \| Potatoes \| \_\_\_ \| 115 grams \| \| Salt \| \_\_\_ \| 15 grams \| \| Condiments \| \_\_\_ \| 15 grams \| \| Sugar \| \_\_\_ \| 60 grams \| \| Tea \| \_\_\_ \| 7 grams \| \| Vegetables \| \_\_\_ \| 230 grams \| \| Milk for tea or curd out of it \| \_\_\_ \| 460 Ml. gm. \| \| \| \| Dahi 230 gm. \| \| Firewood \| \_\_\_ \| 1 Kg. 860 gm. \| [For meat eaters - The above diet will be issued, except on five days of the week 230 gram of meat will be in lieu of 340 gram of milk. Egg or fish as alternate to the meat should be issued to such prisoners if demanded.] [P.G. No. 8907-8JJ-72/23944 dated 6-1-72.] Note :- This diet will be spread over three meals during each day as follows : \| \| \| --- \| \| (i) Early morning meal - \| \| Atta \| \_\_\_ \| \_\_\_ \| 115 Gram \| \| Ghi \| \_\_\_ \| \_\_\_ \| 15 Gram \| \| Potato \| \_\_\_ \| \_\_\_ \| \_\_\_ \| \| Tea \| \_\_\_ \| \_\_\_ \| \_\_\_ \| \| Dahi \| \_\_\_ \| \_\_\_ \| \_\_\_ \| \| Sugar \| \_\_\_ \| \_\_\_ \| \_\_\_ \| \| Condiments \| \_\_\_ \| \_\_\_ \| \_\_\_ \| \| (ii) Midday meal - \| \| Atta \| \_\_\_ \| \_\_\_ \| 230 Gram \| \| Vegetable \| \_\_\_ \| \_\_\_ \| 230 Gram \| \| Ghi \| \_\_\_ \| \_\_\_ \| 30 Gram \| \| Condiments \| \_\_\_ \| \_\_\_ \| \_\_\_ \| \| (iii) Evening meal - \| \| Atta \| \_\_\_ \| \_\_\_ \| 230 Gram \| \| Dal \| \_\_\_ \| \_\_\_ \| \_\_\_ \| \| Ghi \| \_\_\_ \| \_\_\_ \| 40 Gram \| \| Condiments \| \_\_\_ \| \_\_\_ \| \_\_\_ \| \| Milk or meat or fish or eggs \| \_\_\_ \| \_\_\_ \| \_\_\_ \| \| Sugar \| \_\_\_ \| \_\_\_ \| \_\_\_ \| Note 1 :- During summer cold drinks may be issued in place of tea if desired and within limits of cost. Note (2) :- Seasonal vegetables such as carrot, cucumber and radish may be issued to prisoners in raw form in addition to cooked vegetables up to a maximum of 230 Gm. per prisoner or less subject to their availability in the jail garden. ### 921. [ Grains that may be issued in the dietary. [P.G. No. 1394 S. dated 20.6.1928.] - Red wheat of good quality or failing that wheat of the cheapest quality procurable in the local or general market, but suitable for consumption, shall be issued to all prisoners throughout the year.] ### 922. Cancelled. ### 923. Diet of convalescent prisoners. - Every prisoner in the convalescent gang shall ordinarily receive wheaten bread daily. He may, on the order of the Medical Officer, receive upto 8 chattacks of milk with 1/2 a chattack of Gur or 2 chattacks of meat or dahi daily in addition to the diet to which he is ordinarily entitled. More extras should only be given in lieu of an equivalent of dal in the diet scale. ### 924. Scale of diet for Indian prisoners in hospital. - The following scales of diet are prescribed for Indian prisoners admitted to hospital :- \| \| \| \| --- \| --- \| \| \| DAILY \| \| Class of diet \| Wheat \| Rice \| Salt \| Condiment \| Ghi \| Firewood \| Vegetable \| Dal Urd or Mung \| \| \| Gram \| Gram \| Gram \| Gram \| Gram \| Gram \| Gram \| Gram \| \| 1st class \| 465 \| \| 10 \| 7 \| 7 \| 350 \| 230 \| 70 \| \| 2nd class \| \| 465 \| 10 \| 7 \| 7 \| 350 \| 230 \| 70 \| \| 3rd class \| 350 \| \| 10 \| 7 \| 7 \| 350 \| 230 \| 70 \| \| 4th class \| \| 350 \| 10 \| 7 \| 7 \| 350 \| 230 \| 70 \| \| Milk diet \| Daily - Milk 930 ml; Sago, arrowroot or dalia 1 chattack, sugar or gur 1 chattack, rice 1 chattack, salt 1/2 chattack, firewood 8 chattack. \| Note - For prisoners sick with Tuberculosis, the dal ration is reduced to 1/2 a chattack. ### 925. Extra articles of diet for the sick. - The Medical Officer is authorised to order such extra articles of diet to Indian prisoners sick in hospital, as may, in his opinion appear to be necessary and to fix the hours at which the food is to be distributed. Note - Whenever meat is prescribed as or included in the extra diet of a prisoner sick in Hospital, fuel and condiments at the following scales shall be allowed in addition to the issued under para 924 :- \| \| \| \| \| --- \| --- \| --- \| \| Fuel 4 chhatak \| \_\_\_ \| for each 4 chattack of meat \| \| Salt 1/8 chattack \| \_\_\_ \| Ditto \| \| Condiment 1/16 chattack \| \_\_\_ \| Ditto \| ### 926. Diet of sick Europeans. - For European prisoners sick in hospital, the Medical Officer shall order such diet and regulate the hours for its distribution, as he may consider necessary. ### 927. Beer or spirits when allowed. - Beer or spirits may be allowed to a European convict on the order of the Medical Officer recorded in his journal, but unless the prisoner is sick in hospital, the sanction of the Inspector- General shall be first obtained. In applying for sanction or making a record in his journal the Medical Officer should give particulars of the quantity it is proposed to give and the period the indulgence is to be allowed. ### 928. Extra diet for nursing mothers. - A nursing mother admitted to jail with her child shall receive, in addition to the ordinary diet sanctioned for a female prisoner, 2 chattacks of flour baked into bread and 1/4 chattack of dal daily. ### 929. Diet scales for children. - A child admitted to jail with its mother shall receive according to age, one or other of the following allowances of food daily :- (a) If under 12 months - 360 ml. of milk, 1/4 chattack of sugar and 1/4 chattack of salt. (b) If over 12 and under 18 months - 460 ml. of milk, 2 chattacks of rice, 1/2 chattack of dal and 1/8 chattack of salt. (c) If over 18 months - 230 ml. of milk, 4 chattack flour, 1/2 chattack of dal and 1/8 chattack of salt. Extras when necessary shall be given as the Medical Officer may direct. ### 930. Condiments and antiscorbutics. (1) Every prisoner shall receive daily in the food supplied to him, such quantity of salt and other condiments as may be necessary to render the food wholesome and reasonably palatable or for the benefit of the health of the prisoners, and the daily scale of such condiments to the allowed, shall be specified in the scales of diet from time to time prescribed under these rules. (2) Between the first day of April and the thirty-first day of October in each year, every prisoner shall be supplied daily with such antiscorbutics in such quantity, as the Inspector General may from time to time, by general or special order in that behalf, prescribe. Provided that nothing herein contained shall be deemed to limit the power of the Medical Officer at any time to direct the supply to any prisoner or class of prisoners, of such antiscorbutics as may, in his opinion, be necessary. ### 931. Constituents of condiments. - The condiments to be issued daily to all prisoners throughout the year, shall consist of the following articles in the proportions stated; the quantities given are those for one native prisoner :- \| \| \| \| --- \| --- \| \| \| Chattacks \| \| Turmeric \| 4/128 \| \| Chillies \| 3/128 \| \| Garlic or onion \| 6/128 \| \| Coriander \| 3/128 \| \| Total \| 1/8 \| If turmeric is not supplied, the other three ingredients may be increased, but the proposition of chillies should never exceed 4/128 chattack per prisoner. ### 932. Condiments in extra-mural labour jail. - In extra-mural labour jail the condiments shall be mixed in the same proportions as given in paragraph 931. If turmeric is not supplied the other three ingredients may be increased but the proportion of chillies should never exceed 4/128 chattack per prisoner. ### 933. Antiscorbutics and the period of issue. - From the 1st April to 31st October one or the other of the following antiscorbutics shall be issued daily in the jail dietary to all Indian prisoners, in the quantity per prisoner given against each kind and in addition to the condiments :- \| \| \| \| --- \| --- \| \| \| Chattack \| \| Lime Juice \| 1/2 \| \| Amchur \| 1/12 \| \| Tamarind (free from husk and seed) \| 1/16 \| ### 934. Food to be varied. - The food of prisoners should, with due regard to economy, be varied occasionally. With the different kinds of dals, vegetables and antiscorbutics which may from time to time be issued, this should not be difficult. ### 935. Duty of Inspector-General to ensure adequate supplies. - It shall be the duty of the Inspector-General from time to time to take all such measures as may be necessary to ensure that every prisoner is at an times so supplied with food and drink as to maintain him in good physical health and vigour. ### 936. Supervision of food-stuffs and water supply. - It shall be the duty of the Superintendent, the Medical Officer and the Deputy Superintendent at all times to satisfy themselves, respectively, that - (a) pure and wholesome water is provided for consumption by the prisoners, and that a supply of such water is at all times freely available to every prisoner for drinking purposes; (b) every article at any time issued, or intended to be issued, for the food of any prisoner is of the prescribed quantity and quality, and is good, wholesome and fit for human consumption; (c) every article of food supplied to any prisoner in a cooked state, or which requires to be cooked before being so supplied, is properly and cleanly cooked in such manner as to be wholesome and reasonably palatable; (d) every article of food, whether cooked or uncooked, is subjected to proper examination and inspection before it is issued for consumption by any prisoner; (e) all food-stuffs at any time obtained and stored in the jail are frequently inspected, and that all articles which are unwholesome or in any respect unfit for human consumption, are forthwith rejected and are not issued for the use of prisoners; and that (f) proper places for the convenient and orderly distribution and suitable utensils and other appliances for the consumption of food, are duly provided. ### 937. Offences connected with food supply. Time and place of consumption. (1) No prisoner shall conceal, waste or transfer to any other prisoner any article of food or drink at any time supplied to him, and every prisoner shall consume his food at the times prescribed for the purpose. (2) The times at which meals are to be served out to prisoners, and within which prisoners are to consume their food and the manner in, and places at which the distribution of food is to take place and the like, shall, from time to time, be prescribed by the Superintendent, subject to the directions (if any), in that behalf, of the Inspector-General. ### 937A. - In the event of the refusal of food by prisoner the Medical Officer must adopt methods of artificial feeding if, in his judgment, the physical condition is such that artificial feeding provides the only method of keeping the prisoner alive. The actual operation of artificial feeding must be carried out by the Medical Officer or his Medical subordinate. ### 938. Examination of food by Medical Officer. - For the purposes of paragraph 936, the Medical Officer shall - (a) ordinarily examine the food daily and when deceptive in quality, make a note of the fact in his Journal, and (b) at uncertain times and at least once a week when the food is cooked and ready for issue and occasionally after distribution to the prisoners, cause such food to be weighed in his presence and note the result in his journal. ### 938A. [ Inspection of food by Superintendent. [P.G. No. 36838 (H) - Jails, dated 10.12.1926.] - The Superintendent of a Jail shall inspect the food prepared for prisoner's meals at least three times in each week.] ### 939. Food of prisoners on transfer. (1) Prisoners on transfer or about to be sent to Court shall receive a meal of cooked rations before starting. (2) If a journey exceeds 12 hours but is less than 18 hours, each prisoner shall receive 8 chattacks of parched gram and 2 chattacks of gur to eat in transit. (3) [ Should a journey exceed 18 hours and the transfer is from or to a sub-jail in the hills, the warder in-charge, or the officer-in-command of the Police escort, as the case may be, shall receive subsistence allowance for each prisoner at the rate of five annas per diem, for the purchase of food. Similarly when the transfer is from any other Jail the subsistence allowance shall be at annas 3 per diem. All advances for subsistence allowance or for contingent requirements shall be accounted for by the officer to whom the money is entrusted.] [P.G. No. 35320-Jails, dated 23.11.1931.] (4) It is the duty of the Police escort to see that prisoners who have not been in Jail previously have their food before they are taken to the Jail if they are likely to arrive there too late for a meal. Unfed prisoners shall not be admitted into a Jail after - (i) 3 p.m. during winter from 1st October to 31st March. (ii) 4 p.m. during summer from 1st April to 30th September. Note - In the case of District Jail, Delhi unfed prisoners may be admitted up to 4 p.m. in winter from 1st October to 31st March and 4.30 p.m. in summer from 1st April to 30th September. SECTION II Preparation of Food ### 940. All articles to be weighed out to the cooks. Details of the preparation of food. - All articles of diet shall, when possible, be weighed out to the cooks in a state ready prepared for cooking. The following instructions shall be attended to :- (1) Wheat before being ground into flour should be thoroughly freed from dirt, unsound grain and any other deleterious substances. The flour shall be sifted through a fine perforated zinc sifter (No. 6 gauge) or equally fine wire gauze. One part wheat flour give 1.45 parts of bread, provided no more fuel is required for the purpose. Note :- The estimate of the total bread to be obtained can be made thus :- 1. maund 10 seers makki flour should give 50 seers x 1.4 = 70 seers or 1 maund 30 seers of bread. (2) To ensure this result being obtained, the Statement (Form No. 95) showing the weights of uncooked and cooked rations, should at unexpected intervals be checked by the Superintendent. (3) Antiscorbutics must be used in the fuel weight of the edible parts, proper allowance being made for husk, seeds and fibre. This can be done by finding out by experiment what proportion the edible part bears to the whole. (4) Succulent fresh vegetables when available should be used in the dietary in preference to dried vegetables. They should be freed from stalks, decayed and fibrous portions and cut up ready for the pot before being weighed out. Arrangements must be made for an ample and continuous supply of vegetables during the hot and rainy months, more specially those kinds which are of antiscorbutic value such an onions, Roman cabbages, patotoes when obtainable and country radishes, brinjals, melons, pumpkins and sags have very little nutritive or antiscorbutic properties. (5) The mustard oil should be well heated before being mixed with the vegetables, and heated and flavoured with fried onions, before being mixed with the dal. (6) The condiments and salt should be added in the presence of the Deputy Superintendent or Medical Subordinate or other superior official, to the dal and vegetables while they are being, or immediately, after they have been cooked. A large quantity of condiment mixture should be prepared at one time, so as to preserve the due proportion of the ingredients and avoid the necessity of weighing them in small quantities. (7) The maximum loss allowed for cleaning and winnowing the various grains and pulses is : \| \| \| \| \| --- \| --- \| --- \| \| \| \| Seer per mound \| \| Wheat \| \_\_\_ \| 1-1/2 \| \| Dal urd \| \_\_\_ \| 1-1/2 \| \| Dals, mung, moth, rawan and masar \| \_\_\_ \| 1-1/2 \| \| Gram for bullocks or parching or boiling \| \_\_\_ \| 1/2 \| \| "Dal gram" \| \_\_\_ \| 5 \| \| "Tarmarind" \| \_\_\_ \| 20 \| \| Wheat for Dalia \| \_\_\_ \| 1/2 Seer \| When the actual loss in cleaning is less, it, and not the maximum loss allowed, should be calculated in the accounts. Note - One maund of gram should yield 27 seers dal. Of the remaining 12 seers of husk and coarse flour should be issued to bullocks in lieu of 8 seers gram. One seer loss is allowed in cleaning gram. (8) Bran over and above of the requirements of the Jail cattle should be sold at short intervals and not allowed to accumulate. ### 941. Scales, weights and measures. Complaints concerning food. - Properly adjusted beam scales and correct weights shall be used in every jail for weighing supplies in bulk and individual rations. They shall be frequently tested by the Superintendent. Pieces of brick stone or any other articles shall not be substituted for proper weights. Measures frequently tested shall be kept in sufficient number for the distribution of all food that has to be given out by measure. All complaints of prisoners respecting the quantity, quality or cooking of the rations shall on the first opportunity be brought to the notice of the Superintendent. ### 942. The issue of uncooked food. - The uncooked food shall be weighed out to the cooks in the presence of the Deputy Superintendent, Senior Assistant or Assistant Superintendent or Medical Subordinate who shall be held responsible that the proper quantity is issued, and also in the presence of the Assistant Superintendent or head-warder specially appointed to keep the godowns in which the food-stuffs are stored. The mustard oil should not be issued until it is actually required, and one of the above higher officials shall be present when it is being mixed with the dal and vegetables. ### 943. Cook-house. Selection of cooks. Cook for Europeans. (1) There shall be a separate cook-house for Hindu and Muhammadan prisoners. A Muhammadan cook shall be appointed to cook for Europeans when prisoners of the class are confined in the jail. ### 944. Well conducted casuals of good caste to be chosen. - The cooks should always be well conducted and as far as possible, short termed men. For the Hindu cook house men of high caste should be chosen. No convict shall be permitted to cook his own food separately. When possible the cooks should be changed now and again and always carefully watched to prevent any theft or tampering with the food. ### 945. The cooking of food, cleanliness of vessel, &c. - The cooks shall perform the duty of preparing the food with care and attention. The dough should be slowly and thoroughly kneaded with portion or the salt and not more water than is necessary. Each Chapati should not be less than 9 inches in diameter and of the same thickness throughout. The cooking should be slowly done, so that the surface may not get burned, while the inner part remains uncooked. All cooking vessels must be kept clean and bright and the cook-house clean and tidy. ### 946. Protection from the weather during meals. - Prisoners should be protected from rain and intense heat during meals. If there are no roofs over the ordinary feeding places they may be allowed to sit in verandahs, or, if necessary, in the work sheds or wards or wherever shelter can be found. SECTION III The Purchase and Storage of Grain ### 947. Responsibility for purchase and storage. - The Superintendent and Deputy Superintendent shall be held responsible that proper arrangements are made in due time for the purchase and storage of grain, subject to the limits of (with the stock in hand), 15 months' supply and of the storage room available. ### 948. The purchase of grain. - The stock of gains should be bought either by tender in writing called for by public advertisement or by public auction of which full notice has been given in the bazars. Before holding an Auction or opening the tenders the Superintendent should ascertain by local enquiries, by reference to official price lists or other means, what the ruling prices are. Samples to fix quality are of course essential. In the event of combination among the merchants, it is always open to the Superintendent to postpone his purchase and to take steps to break up the combine by bringing in tenderers from other markets. ### 949. Examination of grain. Prompt payment to be made. - The Medical Officer shall examine every delivery of grain brought to the Jail and satisfy himself that it is of good quality before it is stored. There should be no delay between delivery and weighment and payment should be made at once after approval by the Superintendent, otherwise it cannot be expected that the most favourable terms will be obtained. ### 950. The Storage and subsequent care of grain. - Grain should not be finally stored until it is thoroughly dry, if it is damp it should be spread out and turned over frequently in the sun for a few days but must not be left un covered at night. All grain should be protected from birds, vermin and insects and secured under lock and key. It should be separated from the walls and floor of the store or pit by at least one foot of bhusa, examined at intervals to see that it is not being damaged. If it shows signs of damage or decay, it should be all turned out, exposed to the sun, cleaned and re-stored, with fresh dry bhusa, if necessary. Immediately any loss is discovered, a full report of the circumstances should be made to the Inspector-General. ### 951. Utilization of prison labour. Comparison of output with raw material issued. - As far as practicable, all articles of diet required for feeding prisoners should be raised on Jail land and prepared by Jail labour. When articles are purchased, they shall be in the crudest condition, so that prison labour may be utilised in their preparation and economy exercised. The amount of every kind of food-stuff issued for preparation should be frequently compared with the result of prepared material received therefrom and both the Superintendent and Deputy Superintendent should satisfy themselves that no waste or unauthorised loss is permitted. This applies more particularly to the output of flour and oil, which should be commensure with the grains issued. ### 952. All articles to be passed as fit for food. - All articles of diet must be passed by the Superintendent and Medical Officer as fit for food, before being taken inside the jail for storage or consumption. Note - Instructions for storing grain in underground pits and the remedies to be employed to ensure its preservation, are given in Appendix No. III. SECTION IV The Dairy ### 953. Details to be attended to in conducting a dairy. - As a measure of economy and a preventative of disease, every jail should, when possible, have a dairy. To secure the successful and profitable working of the dairy the following instructions should be attended to :- (1) The cattle sheds must be sufficiently commodious, well ventilated but protected from draughts, and the floor should be paved with brick or stone and slightly sloped to a masonry drain which empties itself into receptacle outside. There should be a separate compartment for weaned calves. (2) The cattle may be allowed out to graze but cows actually in milk should be stall-fed and confined to the cow-house enclosure. (3) The best breed of cows obtainable should be selected and improvement of the breed kept in view. If a good bull is not in stock, the services of the best procurable in the neighbourhood should be obtained. Every cow should be numbered. (4) A sufficient number of cows should be always in milk. Those which are permanently barren, male calves and female calves in excess of the number required to keep the dairy going, should be sold. If it to found cheaper to sell all the female calves and purchase full grown cows, this should be done. (5) Bran, dal husks, oil-cake, food left uneaten by prisoners, grass and other produce from the jail land, should be given to the cattle. If these do not suffice, such other food as is necessary should be purchased. (6) The Deputy Superintendent shall be allowed to keep two cows, with their two calves or a horse in lieu of one of the cows; and Assistant Supdt., or a Sub-Assistant Superintendent posted at a Sub-Jail shall also be allowed to keep a milch cattle with its calf where cow sheds are provided. No other subordinate shall be permitted to keep private cattle on the Jail premises. Private cattle shall on no account be kept with jail cattle nor shall any of the fodder etc. belonging to the jail be allowed for them. (7) The milk of the jail cows and every article manufactured from it shall be used in the jail and by prisoners only. The produce of the Jail dairy shall firstly be devoted to the needs of the sick and the prisoners in the convalescent gang, after these have been supplied, any balance remaining shall be issued as milk or dahi to ordinary prisoners in lieu of a nutritive equivalent of dal. (8) The manufacture of butter or ghi except for European prisoner diet, is prohibited. Milk shall be boiled before use under the supervision of the Medical Subordinate, who shall be held responsible for its proper disposal. (9) All vessels used for holding and boiling milk should be washed in boiling water immediately after use. Tin vessels are best, but for boiling milk a tinned copper vessel is preferable and for setting dahi glazed earthen vessels may be used. A properly secured and well ventilated place should be provided in which to store milk from the time it has been drawn, until it is about to be issued. (10) The manure from the dairy should be used for improving the jail garden. When there is a sufficient supply of manure from other sources, the cow-dung should be dried and utilized as fuel either in its natural state or made into cakes. (11) A statement (Form No. 85) giving details of the working of the dairy, shall be submitted on or before the 20th January, each year, to the Inspector-General. (12) The following scale of diet is fixed for jail cattle :- \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S. No. \| Description of cattle \| Bhusa \| Gram \| Oil cake \| Salt \| Green grass and weeds \| \| \| \| Srs. \| Srs. \| Srs. \| Ch. \| Srs. \| \| 1. \| Working bullock or he-buffalo \| 10 \| 2 \| 1 \| 1/2 \| 2 \| \| 2. \| Stud bull for dairy \| 10 \| 2-1/2 \| 1-1/4 \| 1/2 \| 2 \| \| 3. \| Dry she-buffalo \| 10 \| 1/2 \| 1/2 \| 1/2 \| 2 \| \| 4. \| Dry she-cow \| 8 \| 1/2 \| 1/2 \| 1/2 \| 2 \| \| 5. \| Buffalo in milk \| 10 \| 3 \| 1 \| 1/2 \| 2 \| \| 6. \| Cow in milk \| 8 \| 2 \| 1 \| 1/2 \| 2 \| \| 7. \| Calves not exceeding 6 months old \| \| \| \| \| \| \| 8. \| Calves above 6 months but not exceeding one year old \| 4 \| 1/2 \| - \| - \| - \| \| 9. \| Calves above one year but not exceeding 2 years old \| 6 \| 1/2 \| 1/2 \| - \| 2 \| \| 10. \| Calves above 2 years old \| 7 \| 1/2 \| 1/2 \| 1/4 \| 2 \| (a) Green fodder when available should replace Bhusa at the rate of 3 to 1 but not more than 3/4 of Bhusa should be so replaced. (b) It would be desirable if a larger variety of foodstuff could be obtained. (c) During summer months barley and during winter cotton seeds may be issued to cattle in milk, but within the scale of gram and oil-cake allowed above. (d) Cheapness and palatability are the chief considerations when compounding a mixed ration. (e) Green grass and weeds must be available in the garden in any quantity. (f) Bran collected in the grain godown should be issued to cattle daily or sold if in excess or requirements and not allowed to accumulate. (g) Two seers of gram and one seer of oil-cake, should be issued to a working bullock from the 26th March to the 25th October and 2-1/2 seers of gram and 1/2 seers of oil-cake for the remaining period of the year. (h) Green fodder, grass and bran are not to be purchased in the market. (i) Buffalo giving milk in excess of 10 seers shall get 1 seer gram extra. A certificate signed by Superintendent should be attached to the detailed contingent bill in which the extra charge is made. A stud bull requires double the above scale. A Hansi bullock should receive 1 seer of gram in addition to the above scale. All these articles are readily obtainable at all seasons with perhaps the occasional exception of green grass, though sufficient grass can almost at all times be obtained from the Jail garden water-courses or plots of grass on the Jail land. Every endeavour should be made to raise all articles of fodder on the Jail premises, so as to avoid the need of purchases as far as possible. Lots of green food is the main article to rely on. Jail bullocks should get three meals a day, viz at day-break, 1 p.m. and at sunset. No animal should be worked immediately before, nor for two hours after a meal. Further, they should get clean water to drink, be goomed daily and not exposed unnecessarily to the midday sun in hot weather or to heavy rain or intense cold. In very cold weather a jhool should be provided for each animal at night, and their houses should at all times be kept clean and well ventilated. Chapter XXXVII The Jail Garden ----------------------------------- ### 954. Cultivation of the garden. Responsibility of the Deputy Superintendent. (1) The Deputy Superintendent is responsible that the jail garden contains at all seasons a sufficient quantity of good wholesome vegetables, condiments and antiscorbutics (so far as it is possible to raise them), for jail use and that the whole of the jail land outside the jail walls, available for cultivation, is cultivated to the beast advantage. A garden of sufficient size to supply all the vegetables and condiments required, should be laid out and another plot set apart as a lime orchard; any land available after the garden and orchard have been provided for, should be utilized for raising crops suitable for prisoners' food and fodder for jail cattle. (2) No warder or other subordinate officer should be permitted to go into the garden unless he has a duty to perform there. ### 955. x x x x x ### 956. The planting of mango and tamarind trees. Disposal of wood. (1) In addition to the lime orchard the mango trees should be largely cultivated along the margins of roads, the boundaries of jail land and other available places where it will be least likely to interfere with the crops. Tamarind and bael trees will also be found useful. These trees give agreeable shade if planted within the jail enclosure, but they must not be allowed too near the enclosure walls nor planted so thickly or so near buildings as to interfere with free ventilation. (2) [ No tree on jail lands should be cut down or otherwise removed without the sanction of the Inspector-General. The wood obtained should, if the tree was grown -] [P.G. Letter No. 166 of 16.2.91.] (a) in the jail garden be utilized for jail purposes or sold and the proceeds credited to the jail, or (b) in any other part of the jail land - be made over to the Public Works Department or sold and the sale-proceeds credited to Government under the head "XXX - Civil Works." ### 957. The saving of seeds and vegetables. Supply of English seeds. (1) The Deputy Superintendent is responsible that a sufficiency of Indian and acclimatized seeds is saved each year for cultivation during the next year and shall have to pay for any seeds or seedlings it may be necessary to purchase. A supply of English vegetable seeds will be obtained each year by the Inspector-General and distributed to jails. (2) During the cold weather when good vegetables are plentiful and the supply greater than the expenditure, well-matured and selected vegetables should be sliced, thoroughly dried in the sun and stored in a dry place for use in the hot weather and rains, to supplement the daily output of the jail garden at that season. Immature vegetables or those that are fibrous, overgrown or running to seed, should not be stored. ### 958. The garden to be kept clean and tidy. Disposal of refuse. - The jail garden should be kept clean, tidy and free from weeds and undergrowth. Each and every part of it should in turn be allowed to lie fallow for trenching purposes, one moderate sized plot at a time being sufficient. The system of allowing the manure to be removed from the trenches after the lapse of some months, to be used as top-dressing in other parts of the garden, should not be permitted. All weeds and other animal and vegetable refuse and urine should be consigned to the manure pit and whole covered in with a few inches of dry earth when the pit is full. In this way a sufficiency of manure can always be obtained for top dressing. ### 959. Reaping and storage. Crop to be turned to the best account. - The Deputy Superintendent is responsible that crops, grown on jail land, are reaped at the proper time; that no unnecessary delay occurs between reaping and storage; that proper precautions are taken against percolation or loss by vermin; that the by-products are properly disposed of for government purposes only and that all such articles are duly accounted for in the jail accounts. The produce of the Jail land must, as far as possible, be utilized either as food for prisoners or fodder for the Jail cattle. An annual statement showing the value of vegetables and other products of the Jail land used to supplement supplies purchased for the maintenance department of the jails, shall be submitted to the Inspector-General. ### 960. Percentage of prisoners employed in the garden. - The number of prisoners employed in the garden for the production of vegetables, condiments, and antiscorbutics (exclusive of those employed on raising water) should not on an average exceed 3 per cent of the prisoners confined in the jail. In 4th class District Jails, the proportion may be increased to 5 per cent. If a greater number of prisoners is employed, the Deputy Superintendent shall be required to realize at least Rs. 3 per prisoner per month by the sale of vegetables over and above what are needed for the wants of the Jail or make a corresponding reduction in the cost of maintenance by raising food-stuffs. An experienced gardener should, when a gardener is not specially sanctioned, be entertained as a warder. ### 961. Free vegetable supply to officials. - When the requirements of the prisoners in the matter of vegetables and condiments have been fully met, any surplus left over after providing for a stock of dry vegetables for hot weather use, may be issued to the Factory Manager (when land is not allowed him for a private garden) up to 2 seers and the Deputy Superintendent, Senior Assistant Superintendent, Assistant Superintendent, Medical Subordinate and clerical and accounts staff including store-keeper to the extent of their household requirements up to maximum of 1-1/2 seers each. Warders may be allowed up to a maximum of 8 chattacks each. Those who require more, shall have to purchase them when available at current market rates. The free allowance of vegetables for each officer shall be set out daily for inspection by the Superintendent on his arrival at the Jail. If after the prisoners and establishment have been supplied, a surplus is left it should be sold, the sale-proceeds paid into the treasury and the sum deducted from the cost of jail maintenance in the annual accounts. It must be distinctly understood that the free ration to the establishment does not include condiments antiscorbutics, or food grains of any kind. Note 1 - For instructions on the management of the jail garden, see App. No. XI. Note 2 - If vegetables have to be purchased for a jail their issue to the staff shall cease. Chapter XXXVIII Clothing, Bedding and Other Equipment ---------------------------------------------------------- ### 962. Supply of clothing and bedding. Prisoners not to use or possess any other. (1) Subject to the provisions of Section 31 and Section 33 of the Prisoners Act, 1894, and the rules made under the former section, as to civil prisoners and unconvicted criminal prisoners who are permitted and able to provide themselves with clothing, bedding or other necessaries, every convicted criminal prisoner, and every civil prisoner and unconvicted criminal prisoner who is supplied with clothing and bedding under the provisions of Section 33 of the said Act, shall wear such clothing and use such bedding as is supplied to him by or under the orders of the Superintendent and no other. (2) No prisoner to whom any clothing or bedding is supplied under clause (1), shall receive, possess or use, or be permitted to receive, possess or use, any article of clothing or bedding other than an article so supplied or an article the receipt, possession or use of which the Superintendent may, at any time, sanction in respect of any such prisoner. ### 963. Convicts to wear prison dress. - Every convict shall ordinarily wear the prescribed prison dress : Provided that the Inspector-General may, at any time, in his discretion by general or special order in that behalf, relax the provisions of this rule in respect of any prisoner or class of prisoners under sentence of simple imprisonment, subject to such conditions (if any) as he may think fit to impose in that behalf. ### 964. Clothing of prisoners sentenced to simple imprisonment. - Under the authority conveyed in the preceding rule, all prisoners sentenced to simple imprisonment who are not habituals, shall be permitted to wear their own clothing while in jail but should not be allowed to wear political symbols. ### 964A. When convicts are permitted to wear private clothing. - All prisoners sentenced to rigorous or simple imprisonment may be permitted to wear private clothing when (a) attending court, (b) on transfer to another jail, and (c) having an interview with relatives. ### 965. Prisoners to conform to order as to be care, &c., of articles. - Every prisoner to whom any article of clothing or bedding or other equipment is at any time supplied, shall conform to all such orders as to the care, custody and use, as the case may be, thereof as may from time to time be issued by the Superintendent subject to the directions (if any) in that behalf of the Inspector-General. ### 966. Powers to fix scales of prison clothing and bedding. - The Inspector- General shall with the previous sanction of the Local Government fix the scale of clothing and bedding and other necessaries of equipment, to be provided in respect of each class of prisoners and may, with the like sanction, from time to time - (a) vary the scale of clothing and bedding generally or that prescribed in respect of prisoners of any class; (b) prescribe a special scale in respect of the prisoners confined in any jail, or in the jails situate within any specified local area; (c) prescribed a special scale in respect of any period or periods of time or during any season of the year; and (d) vary the shape, size, material or quality of any article prescribed in any scale of clothing or bedding. ### 967. Provision to be made in prescribing clothing, bedding &c. Exhibition of scales. (1) The scale of clothing and bedding and other necessaries of equipment, from time to time prescribed, shall contain provision in respect of prisoners of each of the following classes, namely :- \| \| \| \| --- \| --- \| \| (A) European \| convicted criminal prisoners, and unconvicted criminal prisoners who do not provide or only partially provide their own clothing, bedding and other necessaries of equipment :- \| \| (B) Indian, \| \| (1) males \| \| (a) summer wear; \| \| \| \| (b) winter wear; \| \| (2) females \| \| (a) summer wear; \| \| \| \| (b) winter wear; \| \| (3) convict officers, in respect of each class of such officers \| \| (a) summer wear; \| \| \| \| (b) winter wear; \| \| (C) European \| civil prisoners who do notprovide or only partiallyprovide their own clothing,bedding, &c. \| (1) males - winter and summer wear respectively, \| \| (D) Indian \| clothing, bedding, &c. \| (2) females - Ditto \| (2) Provision shall also be made in the scales prescribed under class (1), for the clothing, bedding and other necessaries to be allowed in respect of any infant permitted to reside in Jail with its mother (who is a prisoner) or after the death of its mother. (3) Copies of the scales of clothing, bedding and other necessaries of equipment, for the time being in force in any jail, shall be exhibited in the manner provided in regard to the exhibition of copies of rules, in Section 61 of the Prisons Act, 1994. ### 968. Powers reserved to Medical officers to order extra clothing. - Nothing in the foregoing rules contained shall be deemed in any way to limit or restrict the power of the Medical Officer, in his discretion, at any time, to direct, on medical grounds and for the benefit of the health of any prisoner or class of prisoners, the issue of the extra clothing to any such prisoner or class of prisoners for any specified period or during any season of the year. ### 969. Scales of clothing, bedding and equipment. - Under the authority of paragraph 966, the following scales of clothing, bedding and other necessaries of equipment, are prescribed for convicts in the jails of the Punjab :- \| \| \| --- \| \| 1. INDIAN CONVICTS \| \| (a) Winter Wear \| \| Males \| Females \| \| 2 Dasuti trousers and Kachhas (for Sikhs only) \| 2 Dasuti Pyjamas \| \| 2 Dasuti Caps or Garah pugrees (for Sikhs only) \| 2 Dasuti Chaddars \| \| 2 Langotas (for non-Sikhs only) \| 2 Napkins \| \| For both sexes \| \| 2 Dasuti-Coats \| 1 Khahi cotton durrie 6ft. x 2ft. \| \| 1 Blanket coat with belt \| 1 towel \| \| Razai or 3 Blankets \| 1 iron cup \| \| 1 Munj or Bhabbar Mat \| 1 iron plate \| \| 2 Cotton Sheets \| 2 Azarbands \| \| (b) Summer Wear \| \| 2 Dasuti Trousers and Kachhas (for Sikh only) \| 2 Dasuti Pyjamas \| \| 2 Dasuti Caps or Garah puggrees (for Sikhs only) \| 2 Dasuti Chaddars \| \| 2 Langotas (for non-Sikhs only) \| 2 Napkins \| \| For both sexes \| \| 2 Garah Kurtas \| 2 Azarbands \| \| 1 Khaki Cotton durrie 6ft. x 2ft. \| 1 towel \| \| 1 Munj or Bhabbar mat \| 1 Iron cup \| \| 2 Cotton Sheets \| 1 Iron plate \| Note 1 - Sikh prisoners shall be allowed to wear a puggree of khaki colour instead of the prescribed woollen cap. Note 2 - On admission to jails, all convicts will be given two cotton coats and two pairs of cotton trousers. Sikh convicts will be given two kachhas and non-Sikhs two langotas. Female convicts shall receive in addition 1 comb, 2 cotton chaddars and three towels. Sikh prisoners may be given two kachhas instead of 2 pairs of trousers, they may however, if desired, have kachhas in addition to trousers, but this concession is to be allowed at their own cost. Note 3 - Such prisoners in the Punjab jails who cannot afford to have their own shoes may be supplied shoes at Government expense. Note 4 - Articles of clothing solely for the use of European female convicts need not be kept in stock, but may be ordered as necessity arises. Pending their issue, European females shall retain their private clothing. Note 5 - Scale II Cloth Cap and Helmet may be replaced, if desired by puggree or cotton cap (Eastern mode of life). Shoes may be replaced, if desired, by boots. [Note 6 [P.G. M. No 14772-4-JL-61/37285.] - Razais should be supplied to those prisoners who have to spend full winter in the Jail, exception, however, being made in the case of prisoners confined in cells and prisoners in Jail hospitals, if advised by the Medical authorities. In their cases 3 blankets will be issued as heretofore. Life of razais shall be three years, and they shall be washed and refilled every year. The razai shall be 8 ft. x 4 ft. made of dyed dasuti and shall weigh 5 kg. 190 grams, when ready for use.] Supply of mattresses include of jail mat to women prisoners in Haryana jails - Governor of Haryana is pleased to accord sanction to supply of mattresses instead of jute mat and cotton durries of 6' X 3' size instead of 6' X 2' size as presented in para 969 of Jail Manual to female convicts in [[Jails of Haryana State.] [Sanction issued with concurrence of Finance Department conveyed vide their U.O. No. 3 FG 1 - 72/dt. 27.6.72.] Convicts required to wear fetters shall be supplied with pliable gaiters and grips and convicts allowed to pass out of the jail, shall be supplied with gaiter to wear beneath the ankle ring at all seasons. Foreign prisoners will be provided clothing, bedding and other necessary equipment as far as possible in accordance with their habits. ### 970. Clothing of Indian convict-officers. (1) The clothing of Indian male convict-officers shall be :- (a) Convict-watchman - The usual prison uniform of convict with the exception of woollen cap in lieu of which a white puggree will be issued, and a brass badge to be worn on the left arm, with the word "Watchman" engraved thereon. (b) Convict-overseer - Black-puggree, black coat (alkhaliq) and, black pyjama; a brown leather belt and brass buckle with the word "Overseer" engraved thereon. (c) Convict-warder - The same as a convict-overseer but the clothing shall be yellow and on the buckle shall be engraved the word "Convict-warder." (2) Female convicts-officers shall wear the same articles of clothing as ordinary female convicts but dyed black in the case of an overseer and yellow in the case of a convict-warder. All shall be provided leather belts with brass buckles and the words denoting their rank engraved thereon. (3) Convict-officers doing duty outside barracks at night shall be provided with blanket great coats in winter time. ### 971. Clothing of European convict-officers. - Male European convict- officers shall be distinguished as follows :- Watchman - A white puggree on helmet. Overseer - A blue puggree on helmet. Convict-warder - A red puggree on helmet. ### 972. Cancelled. ### 973. Supply of prison clothing, & C., to certain prisoners. - All clothing and bedding supplied to civil or unconvicted criminal prisoners under the provisions of Section 33(1) of the Prisons Act, 1894, shall be of the same description as that supplied to convicts. ### 974. Clothing & C., of infants. - The clothing, bedding and necessaries to be supplied to infants who are permitted to reside in jails, shall be such as the Medical Officer may, in each particular case, prescribe. ### 975. Standard patterns for all articles. - All articles of clothing, bedding and equipment shall be of the standard patterns approved by the Inspector- General and in the case of every Indian prisoner, shall, with the exception of the bedding and blankets, remain with him at all times. For instructions as to the manufacture, pattern and standard weights of jails clothing see Appendix No. XIII. ### 976. [ Certain convicts to wear a red cap. [P.G. No. 19328-Jails, dated 12.7.1922.] - Every convict who has ever been convicted of escaping or attempting to escape from any lawful custody shall wear a red cap or a red puggree if a Sikh.] ### 977. Clothing of unidentified prisoners. - Unidentified prisoners shall wear coats with two dark blue stripes, each 3 inches wide, running along the whole length on either side and caps with one blue stripe of the same width, in the middle. Note - An "unidentified" prisoner is one whose identity has not been established i.e. when antecedents have not been discovered, and whose commitment warrant has been endorsed accordingly by the court that sentenced him. ### 978. Clothing to be worn in the manner prescribed. - Prisoners shall wear all the articles of clothing supplied to them, except when ordered to the contrary by proper authority. No articles of clothing shall be worn in any way other than that for which it was intended. ### 979. Clothing to be marked. - Each article of Jail clothing and bedding supplied to every convict shall be marked legibly with a separate consecutive number, running from 1 to 20,000 in the case of central jails and first class district jails, from, 1 to 10,000 in the case of second and third class district jails, and from 1 to 5,000 in the case of fourth class district jails. Note - White or grey woollen articles shall be marked with coaltar while articles of black colour shall be marked with white paint. In all cases 2-1/2 inches wooden dies shall be used. ### 980. Time clothing should last. - The allowance of cotton clothing prescribed in each scale for Indian prisoners should ordinarily last for six months except in the case of cotton sheet which should last for one year, the blanket coat, the blankets and munj mat should last not less than one year. ### 981. Distribution of clothing. - Convicts sentenced to imprisonment for one year or more should ordinarily be supplied with new cotton clothing unless there is an accumulation of old clothing in stock. When clothing or bedding that has been previously in use is issued, the fact should be noted on the history-ticket. ### 982. Hospital clothing. Procedure on admission to hospital. - "All articles of cotton clothing for hospital use shall have two red stripes each two inches wide running along their whole length and woven with the cloth, Woollen clothing shall be made in grey and brown checks six inches square". The clothing of every convict shall, on his admission to hospital, be taken from him and a complete hospital outfit substituted. The prisoner's clothing shall then be washed and placed in the hospital store-room until he is discharged when it shall be returned to him. In case of death, the clothing shall be returned to the clothing godown or destroyed, if the Medical Officer considers such a course necessary. The Medical Subordinate shall be responsible for the care of the hospital clothing godown and the articles stored therein. Note - An "unidentified" prisoner is one whose identity has not been established i.e., when antecedents have not been discovered and whose commitment warrant has been endorsed accordingly by the court that sentenced him. ### 983. Sufficient clothing to be kept in stock. - Prisoners in the convalescent gang should be provided with an extra blanket, a woollen pyjama and waist-coat made of old blanketing during the coldest season of the year. ### 984. [ Extra-clothing for convalescents. [P.G. No. 4814-Jails, dated 6.1.1929.] - A sufficient stock of clothing to meet all possible requirements, shall be kept in store in every jail.] ### 985. Prisoners to get old clothing at certain times. - Every prisoner who is employed on any form of labour which is destructive of clothing or specially liable to soil it, such a mixing mortar, scavenging and cooking, may, in addition to the ordinary scale of clothing be supplied with a part- worn dosuti coat and trousers (dyed light blue) for wear during working hours; cooks may also be allowed an apron of coarse white dosuti cloth. ### 986. Clothing to be kept serviceable. - Every prisoner's clothing and equipment shall be renewed as necessity arises; no prisoner shall be allowed to remain in tattered and unserviceable clothing. One or more prisoner tailors may, according to circumstances, be employed in keeping the clothing in repair. ### 987. Cleanliness of clothing and bedding. - All clothing and bedding must be kept in a thoroughly clean condition. A convict dhobi shall be employed to wash for those who are sick. ### 988. Supervision of supply of clothing and bedding. - It shall be the duty of the Superintendent, the Medical Officer and the Deputy Superintendent at all times to satisfy themselves, respectively, that - (a) every prisoner is provided with sufficient clothing and bedding to secure his health; (b) every prisoner entitled to prison clothing and bedding is duly supplied therewith according to the prescribed scale applicable to the class to which such prisoner belongs; (c) all clothing and bedding supplied is of the prescribed description and quality, clean, in good condition and in all respects suitable for use by prisoners: (d) all articles of clothing or bedding at any time obtained and stored in the Jail are frequently inspected, and that all articles which are in any respect unsuitable or inferior to the prescribed description and quality are forthwith rejected and are not issued for the use of prisoners. ### 989. Duty of Inspector-General with regard to clothing, &c. - It shall be the duty of the Inspector-General from time to time to take all such measures as may be necessary to ensure that every prisoner is at an time so supplied with clothing and beddings as to preserve him in reasonable comfort and good health. ### 990. Responsibility of prisoners regarding clothing, &c. (1) No prisoner shall destroy, damage or in any way make away with any article of clothing, bedding or other equipment at any time supplied to him or in his possession, and every prisoner shall take reasonable and proper care of every such article. (2) The manner in which articles of clothing, bedding and other equipment as the case may be, supplied to prisoners, are to be kept or used by such prisoners shall be prescribed by the Superintendent subject to the directions (if any) in that behalf of the Inspector-General. ### 991. Disposal of unserviceable clothing. - Once a month all clothing considered unserviceable shall be brought before the Superintendent and, if declared useless by him, shall be written off the accounts under his initials. Such portions as may be useful for repairing other clothing should be set aside for this purpose and not returned to store; the remainder should be cut into small pieces. Cotton rags should be sent to nearest jail that manufactures papers and requires them, woollen rags should be disposed of to the best advantage. ### 992. Disposal of clothing received on release. - Clothing received from prisoners on release shall be retuned to store. If fit for further use, it shall, after being washed, disinfected and repaired if necessary be re-issued; if not, it shall be placed before the Superintendent in accordance with the preceding paragraph. ### 993. Submission of clothing indent. - Indents for clothings, bedding &c., shall be submitted in duplicate (Form No. 57) to the Inspector-General on or before the October of each year. The requirement should be carefully considered so as to obviate the necessity of submitting a supplementary indent. ### 994. Charge of clothing godown. Protection from pests. - The clothing godown shall be placed in the charge of a trustworthy official, subject to the general responsibility of the Deputy Superintendent. Every care must taken to protect the clothing from dump and the ravages of vermin and insect pests by airing it in the sun at least once a month and by the free use of neem leaves. ### 995. Clothing of prisoners transferred. - The identical articles of clothing and bedding sent with prisoners on transfer are to be returned to the transferring jail. Chapter XXXIX Sanitation ----------------------------- SECTION 1 Construction of Buildings Accommodation and Over-crowding ### 996. [ Capacity of wards and cells. [Part II, Rule 8. Table substituted vide P.G. No 144-M-6JJ- 76/11443 dated 6-4-1976.] - The accommodation capacity of wards, cells and other compartments intended for occupation by prisoners, shall ordinarily be regulated by the scale of superficial and cubical space and lateral ventilation prescribed in respect of each prisoner as shown in the following table. :-] \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Class of prisoner and locality of jail \| Wards or workshops \| Cells \| Hospitals \| \| \| Square feet of grounds area \| Cubic feet of air space \| Square feet of lateral ventilation \| Square feet of ground area \| Cubic feet of air space \| Square feet of lateral ventilation \| Square feet of ground area \| Cubic feet of air space \| Square feet of lateral ventilation \| \| Indians \| 45 \| 540 \| 12 \| 96 \| 1,248 \| 15 \| 54 \| 702 \| 12 \| \| Jails in the hills \| \| \| \| \| \| \| \| \| \| \| Indians \| 36 \| 432 \| 6 \| 75 \| 900 \| 10 \| 36 \| 648 \| 10 \| Note 1 - In calculating the cubic-space no account shall be taken of any air space above 15 feet and in no case should the height exceed 15 feet. Note 2 - No building should be nearer than 16 feet to an enclosure wall. Note 3 - Lateral ventilation openings in barracks and hospital wards should be placed between the berths and should extend down to the floor level. Openings will only be fitted with iron-gratings. Shutters are not required. Note 4 - Each barrack should be provided with a cage latrine as per Plan No. 3 of the Report of the Indian Jails Committee, 1919-1920. A verandah should also be provided at least on one side of each barrack for use by the prisoners when eating their meals and for holding classes. [Note 5 - Berths 6' x 2' should be provided in all barracks and in ground floor cells and must not be provided in condemned cells. These will be built level and will be 18" high on the ground floor, but in upper floors the height can be reduced to 6" or the berths made of hollow construction.] [P.G. No. 27716-H. Jails, dated 3.11.1927.] Note 6 - Arrangements for two locks are required on condemned cells, but single lock is all that is required for other cells. Combined locking arrangements for cells are unnecessary. ### 997. Ventilation, wards and cells. - Direct perflation of air through every ward, cell and other compartment, respectively, shall ordinarily be secured by large grated openings on both sides and at each end thereof. ### 998. Certificate of fitness for occupation. - No newly- constructed ward, cell or other compartment, shall be occupied by any prisoner until the Medical Officer shall have certified that such ward, cell or other compartment is, in all respects, fit to be so occupied. ### 999. Capacity of wards to be inscribed over the door. - Over the door of every ward and other compartment ordinarily used as sleeping accommodation for prisoners shall be inscribed the following particulars, namely :- (a) the class of prisoners for whose occupation it is intended; (b) the superficial floor-area stated in square feet; (c) the amount of air space it contains, stated in cubic feet; and; (d) the number of prisoners, calculated on the superficial area or cubic space, whichever is the less, which it is capable of accommodating. ### 1000. Sleeping berths in wards. - Every ward or other compartment in-tended for the accommodation of prisoners by night, shall be provided with masonry sleeping berths, equal in number to the capacity of the ward according to the prescribed scale. Each berth shall be six and a half feet long, two and a quarter feet broad and eighteen inches high, and shall be constructed with a slight slope down from the head. The head of each berth shall be on the opposite side to the heads of the berths (if any) on either side of it, the space between every two berths shall ordinarily, not be less than two feet. ### 1001. Requirements of cell. Daily visit of occupant. - No cell shall be used for solitary confinement unless it is furnished with the means of enabling the prisoner to communicate at any time with an Officer of the prison, and every prisoner so confined in a cell for more than twenty-four hours shall be visited at least once a day by the Medical Officer or Medical Subordinate. ### 1002. Height of walls of cell yard. - For the purpose of admitting sunshine and air, the enclosure walls of cell yards shall in no case exceed eight feet in height. ### 1003. Accommodation of wards to be shown. - The accommodation available in each ward shall be shown in the lock-up register, to enable the Medical- Officer to see whether any particular ward is overcrowded or not. ### 1004. Temporary accommodation for prisoners. - Whenever it appears to the Inspector-General that the number of prisoners in any prison is greater than can conveniently or safely be kept therein, and it is not convenient to transfer the excess number to some other prison :- or whenever from the outbreak of epidemic disease within any prison, or for any other reason, it is desirable to provide for the temporary shelter and safe custody of any prisoners, provision shall be made, by such officer and in such manner as the Local Government may direct, for the shelter and safe custody in temporary prisons of so many of the prisoners as cannot be conveniently or safely kept in the prison. ### 1005. Procedure when it is necessary to provide shelter outside a jail. - Whenever it becomes necessary to provide for the temporary shelter and safe custody of any prisoners without the walls of any jail, the Superintendent shall report the circumstances to the Inspector-General, who will, if necessary, take the special directions of the Local Government as to the provision to be made, under Section 7 of the Prisons Act, 1894. ### 1006. General directions to be followed. - Subject to any special directions which may be given in any particular case, under the provisions of the preceding rule, the general directions hereinafter following shall be observed whenever it becomes necessary to provide for the temporary shelter and safe custody of any prisoners without the walls of any jail. ### 1007. Provision of tents to be maintained. - The Inspector- General shall maintain a small number of tents at every jail for the relief of temporary over-crowding, and a reserve supply of tents at the Lahore Borstal Institution and at such other jails as he may select for the purpose, in order to provide against other emergencies. ### 1008. Cancelled. ### 1009. Mode of calculating tentage. - The tentage accommodation shall be calculated at the rate of twenty-one square feet for each prisoner. Note - The standard jail tent covers a floor area of 16' x 16' it can therefore accommodate 12 prisoners. ### 1010. Grass huts when to be provided. - In any case in which the tentage accommodation is inadequate, or in which the Inspector-General is of opinion that such accommodation should be substituted for tents, grass huts (chappars) may be provided. The provisions of the preceding rule shall also apply to grass huts. ### 1011. Tents to be kept serviceable. Annual statement. Despatch of tents. (1) Tents shall be kept in serviceable condition and used only for jail purposes. They should be frequently pitched and aired. Every tent should be marked with (a) date of manufacture, and (b) date of receipt by the jail concerned. (2) On the 15th April each year a statement (Form No. 147) shall be submitted to the Inspector-General. (3) Whenever tents are despatched from one jail to another, an inventory showing the number of tents, their condition, and the number of mallets, ropes, tat covers, &c., &c., accompanying them, should be forwarded with the Railway receipt and advice of despatch. Before tents are returned they should be repaired, and all missing articles replaced. ### 1012. Provision for custody of prisoners in excess of accommodation. (1) All prisoners in a jail, in excess of the accommodation shall be provided with temporary shelter in huts or tents pitched outside or inside the main enclosure walls. (2) The safe custody of prisoners accommodated outside the jail shall be entrusted to the Police. (3) The Superintendent shall apply to the Inspector-General for sanction to the entertainment of such temporary establishment as may be necessary. (4) In cases of emergency and before arrangements can be made to have tents or huts erected, the workshops may be utilized to afford the necessary shelter, provided that all articles likely to facilitate escape or to be used as dangerous weapons are first removed. ### 1013. Precautions against over-crowding. - When the population of a jail is approaching the maximum number for which there is accommodation, the Inspector-General and Superintendent of Police shall be informed, with a view to having some of the convicted transferred or arrangements made for their temporary shelter outside, as the case may be. ### 1014. The cleanliness of buildings generally. Floors to be leeped. (1) The building occupied by prisoners shall on being vacated each morning, be thoroughly cleaned out. Doors, window-sills, gratings and shutters should thereafter be dusted and, when necessary, washed and all dust and dirt removed outside the jail. (2) The floors of sleeping wards and cells should be leeped daily except in cold and damp weather when leeping once or twice a week will be sufficient. (3) Walls should be frequently brushed, and leeped or lime-washed when necessary. The hospital should receive particular attention in this respect. (4) All beddings should be taken out when the ward is vacated each morning and placed in the sun. ### 1015. Cancelled. ### 1016. Return of prisoners in jail on last day of the month. - A return (Form No. 45), showing the number of prisoners who slept in the jail on the previous night together with the number for which the wards are adapted, shall be submitted to the Inspector-General on the first day of each month. SECTION II Conservancy ### 1017. Premises to be kept clean. Cesspools prohibited. Other sanitary matter. (1) Every attention should be given to the disposal of night-soil and refuse and to the cleanliness and neatness of all parts of the jail and its surroundings. (2) The ground should be free from fallen leaves, weeds and rubbish of all descriptions; the grass plots closely cropped and the edges trimmed; the paths kept in repair; kacha drains dressed, and their levels re-adjusted when necessary. (3) Drains and latrines must be kept scrupulously clean and no sewage matter permitted to find its way into them. Cesspools of any kind are prohibited within jail precincts. The use of sunk reservoirs for refuse water is to be avoided. No rubbish or manure pits should be allowed within or near the jail walls. (4) The hospital should receive special attentions. Godown must be kept clean, properly arranged, well ventilated, and their contents should be aired as often as possible. ### 1018. Latrines old type, accommodation. Supply of dry earth. Cleanliness of vessels. (1) Each enclosure should have a separate day latrine with a sufficient number of seats to allow the prisoners to be paraded in half an- hour. Provision should be made for a plentiful supply of dry earth in every latrine. A sufficient quantity should be pounded and stored during the dry season for use during the rains. The sweepers shall daily place in each latrine a sufficient quantity of earth for use during the day, and between or in front of every two seats should be placed a sufficient quantity of dry earth with a scoop of sufficient size to hold half a seer. The earth should be dry, garden mould, sifted so as not to be coarse than ordinary surkhi. (2) The floors of latrines should be well raised and renewed at frequent intervals. Every latrine should be roofed to protect it from the weather and partitioned off for the sake of decency; separate receptacles should be provided for solid and liquid excreta, and their use explained to the prisoners. The sweepers shall put a layer of dry earth at least one inch thick into each receptacle for solid excreta before it is used, and every prisoner, after he has used a receptacle, shall cover his dejecta with a scoopful of dry earth. (3) Vessels for urine shall, when in use, be one-third filled with water. Every latrine and place where prisoners are confined should at no time be without proper vessels. Such vessels should be thoroughly washed out and scrubbed with dry earth daily and frequently burned. All vessels for solid and liquid excreta should be tarred before being brought into use and after being burned; they should not be allowed to remain or to be used outside the latrine or urinal. ### 1019. Use of dry earth. Supply of vessels and the trenching of excreta. (1) When the latrine parade is being carried out, the sweepers attached to each latrine shall be present and shall call the convict-officer's attention to any prisoner who does not use dry earth to cover his dejecta as ordered. Immediately after the parade, the sweeper shall cover up the solid excreta with a thick layer of dry earth and remove it to the garden, there to be buried in trenches. There should be two complete sets of vessels for solid and liquor excreta in every jail, so that one set may be left out to air while the other set is in use. (2) Ground for trenching should be efficiently drained, so that the surface soil may be dry. The trenches should be dug in straight parallel lines and not more than one foot broad 9 inches deep, with intervals of one foot between. The night-soil shall be deposited therein to the depth of 3 inches, and the earth dug out shall then be returned to the trench. The trenches (to be prepared a day in advance) should be made right across the plot beginning at one side, and successive trenches dug day after day as required, till the whole plot is manured. Another and a better method of disposing of night-soil is that known as the "Allahabad System". A rectangular plot 14' x 5' is taken up, and the top solid scraped off to a depth of about 3 inches. The soil at the bottom is then loosened and pulverised to a depth of 6 or 7 inches. The night-soil (solid and liquid) is then thrown into the shallow trench thus prepared and covered over with earth first removed. It is essential that the soil at the bottom of the trench should be well pulverised to allow of the liquid excreta soaking into it, leaving a thin stratum of the solid on the top. Trenches should be prepared in succession, a space of about 4 inches being left between them. A third method of disposal is by "deep trenching". This consists of a pit six feet deep and with vertical sides, sufficiently large to hold the total excreta for the day in two feet of it. The morning excreta is dumped in the lowest foot and one foot of earth placed on top. In the evening a second foot of excreta is placed on the layer of earth, and the remaining three feet are then filled with earth and well rammed down. This method is less likely to cause fly breeding but is not so useful as manure. Incineration is the most sanitary measure of all, and should be employed when the jail is near a city and has a small garden. ### 1020. Disposal of urine and refuse. - In the absence of a proper septic tank or covered soakage pit the urine and latrine ablution water should be thrown into the manure-pit. If it is poured on a different part daily and covered with a little dry earth, it will not give out an offensive smell. All refuse from the cook-house not fit for food for cattle, sweepings and vegetable refuse unfit for fuel, should be also thrown into the manure-pit. ### 1021. Latrine for warders. - A latrine shall be provided for warders and treated, as regards periodical cleansing and the supply of dry earth, in the manner described for latrines for prisoners. The relief of nature at any place outside a latrine is prohibited. ### 1022. Sanitation in cells. - New cells are now provided with sanitary recesses, in the back wall of the cell, to hold receptacles for urine and night soil. Old pattern cells shall be provided with convenient sized vessels placed in a corner of the cell (or in the cell-yard if the occupant of the cell has access to the yard), with sufficient dry earth. At day break these vessels shall be removed and replaced by clean ones. ### 1023. Vessels to be placed on dry earth. - Except in the new type of fly-proof latrine and in their new sanitary recesses all vessels for excreta, both solid and liquid and receptacles for refuse food, shall be placed in and surrounded by a thick layer of dry sifted earth and, whenever possible, covered. ### 1024. Disposal of vomited matter and stools in certain cases. - When any prisoner is attacked with cholera or with violent dysentery or diarrhoea and vomiting, the stool and vomited matter should be treated with some strong disinfectant and burned. ### 1025. Drainage of jail land. Sanitary defects to be reported. (1) The drainage of the land round the jail should receive careful attention and all low ground be filled up with clean earth. High crops should not, both for sanitary reasons and as affording convenient cover to any prisoner escaping or attempting to escape, be grown within 50 yards of the jail walls. (2) It is the duty of the Medical Officer to bring to notice any defects of drainage within the jail area or its vicinity. The construction of public latrines, sewers or drains or the existence of any other insanitary condition in the neighbourhood of the jail, likely to affect the health of the prisoners, shall be reported to the Inspector-General. Section III Water Supply ### 1026. Source of water supply. - Water shall be obtained from the purest supply in the neighbourhood whence it can be obtained in sufficient quantity. Before deciding upon the source from which water shall be taken, samples shall be sent to the Chemical Examiner for quantitative analysis. Every possible precaution should be taken to prevent contamination of the water, whether at its source, during its carriage or in its distribution. ### 1027. Precautions to prevent contamination. - The masonry cylinder of every well should be water-tight and a masonry platform and drain to prevent spill- water soaking into the ground in the neighbourhood of the well, should be provided. Filth or refuse of any description should not be buried or allowed to lie on the surface, within such a distance of any well used for drinking or bathing purposes as to render contamination at all possible. ### 1028. Wells to be protected. Periodical cleaning. - Wells should be protected so as to guard against accidents and suicide. All the drinking water should, whenever possible, be drawn from one well rather than from several wells. Every jail well shall be thoroughly cleaned out in the month of October each year and oftener if the Medical Officer considers necessary. ### 1029. Supply of water to prisoners. Precautions as to vessels. - Every place where prisoners are located either by day or night, shall be provided with a sufficient supply of drinking water. The vessels used for holding or conveying drinking water shall be covered, cleaned out daily and used for no other purpose. ### 1030. The analysis of water. - The water of all jail wells which is used or likely at any time to be used for drinking or culinary purposes, shall be analysed qualitatively by the Chemical Examiner on or about the 5th January of each year. ### 1031. Supply of water for other purposes. - Suitable provision for bathing shall be made in every jail, and an adequate supply of water maintained in the bathing troughs, not only at the time the bathing parade is in progress, but over-night, for use in case of fire. Half a chhatak of oil sarson shall be supplied to each prisoner for massage once in two months but the interval between each supply shall not be less then a month. SECTION IV Disposal of the dead ### 1032. Conditions under which a body may be made over to friends. (1) The body of any prisoner dying or executed in jail, shall be made over to the friends or relatives of the deceased if claimed by them before the body has been disposed of by cremation or burial, unless there are special reasons to the contrary, e.g. prisoner has died of any infectious disease, or if there are grounds for supposing that the prisoner's funeral will be made the occasion for a demonstration. (2) The friends or relatives of a deceased prisoner making application for the body after burial, should be referred to the Magistrate of the district, who should be informed whether the deceased prisoner died of any infectious decease, how long he has been dead and whether, in the opinion of the Medical Officer of the jail, the body can be exhumed and removed with safety or without becoming a nuisance to the public. Note - No body can lay claim to a corpse as it is not property. When a prisoner dies, his sentence ceases; it merely remains, if the body is not made over to the friends or relatives of the deceased, to dispose of it in a seemly manner, so that it may not become a nuisance and so as not to shock the feelings of the people. ### 1033. Disposal of a body to be made over to friends. (1) The body of any prisoner dying or executed in jail, not made to the friends or relatives of the deceased, shall, if the deceased was - (a) a Christian - be, whenever, possible, interred in consecrated ground with the rites of the religion to which he belonged; or (b) not a Christian - be cremated or buried in the jail burial ground in accordance with the custom applicable to the caste to which he belonged. (2) All bodies prior to removal from the jail shall be wrapped in a new cloth. Note - The Superintendents of certain jails in the province have been authorised by the Inspector-General with the approval of the local Government to make over the bodies of prisoners who have died in jail, if not claimed by the friends or relatives, to certain medical institutions named for the purpose. The authority so given extends only to the case of the prisoners who have died from natural causes, not to the bodies of executed prisoners. ### 1034. Burial ground for every jail. - There shall be a burial ground, distinctly marked off from the surrounding ground by a wall, ramp or hedge, attached to every jail and it shall be used for the disposal of the bodies of prisoners only. Portion of the burial grounds shall be set apart for the cremation of the bodies of Hindus and the other portion for the burials of Muhammadans. ### 1035. Selection of a burial ground. - The land selected for a burial ground should not be in the immediate vicinity of the jail or any centre of population and not near the source of any drinking water supply; it should be seen that the prevailing winds do not blow from it towards the jail and that sufficient ground is secured to answer all requirements for at least fifteen years. ### 1036. Matter concerning graves, grave-yards, burial & cremation. (1) The burial ground shall be kept clean and tidy and free from jungle and the graves disposed in regular rows, so as to economize space. Each grave should be marked with the name and the Register number of the prisoner. (2) The growth of grass about the graves should be encouraged, but it should be kept trimmed; quick growing trees should be planted about the ground. (3) The Superintendent and the Medical Officer shall visit the burial ground from time to time and satisfy themselves that it is properly kept and cared for. (4) No grave shall be less than five feet deep. One or more graves shall be always kept ready for occupation. (5) In filing in a grave, the earth should be well pressed down so as to protect the body from the depredations of animals, the earth should be heaped up one foot above the surface of the surrounding ground. (6) Special care shall be taken that bodies of those disposed of by cremation are completely consumed. Ashes of the body of a Hindu prisoner should be disposed of 24 hours after cremation by burial or, in place where it is possible, by consigning them to the water of a neighbouring river. Chapter XI Medical Administration -------------------------------------- SECTION 1 General Matters ### 1037. Procedure when the mortality is unusually high. - Whenever the mortality in a jail during any month exceeds one per cent, the Medical Officer shall record in the monthly return, his opinion as to the cause or causes to which the increased death-rate is to be attributed. If there is very unusual mortality, he shall make a special report to the Inspector-General for transmission to Government, if necessary. ### 1038. Classification of prisoners according to health. - The health of every prisoner shall be described as either "good", "bad" or "indifferent". Prisoners on admission to jail who are in immediate need of medical treatment should be recorded as in "bad" health, unless suffering from trivial and temporary ailments, those who are not fit for hard labour, but who do not need hospital treatment, should be recorded as in "indifferent" health. Note - If a prisoner is in bad or indifferent health, the Medical Officer should enter the cause of the disability, such as enlarged spleen, anaemia, scurvy, etc., in his history-ticket and admission register. ### 1039. Prisoners received from unhealthy districts. - Prisoners admitted from unhealthy district shall be kept under special medical observation for one or two weeks after admission, in order that the effect of imprisonment and jail diet upon them may be noted. Those addicted to opium should be placed under medical treatment with a view to their being purged of the habit. ### 1040. Deduction for clothes, &c., when weighing prisoners. - When being weighed, male prisoners shall wear their trousers only, female prisoners shall be fully attired and deduction made for the articles worn. ### 1041. Abstract of results of weighments. - An abstract of the results of weighments shall be prepared by the Medical Subordinate on the day following that on which the weighments are made, showing - (1) the number who gained weight, (2) the number whose weight remained stationary; (3) the number who are from 3 lbs. to 5 lbs. below standard weight, (4) the number who are more than 5 lbs. below standard weight, (5) the number who are more than 7 lbs. below standard weight, and (6) the percentage of those who gained weight and lost weight respectively, calculated on the total number weighed. The Medical Officer should himself select number of prisoners at each weekly inspection for a "check weighment". All prisoners who have lost weight to the extent indicated in clauses (3) , (4) and (5) shall be separately paraded for the inspection of the Medical Officer. ### 1042. Convalescent and infirm gang. (1) A gang shall be formed of all prisoners discharged from hospital who are unfit to return to their usual work, of the aged and infirm, and of any others whom the Medical Officer selects for special observation and treatment. Every prisoner who appears to be suffering from obscure functional or organic disease or from malnutrition as indicated by his anaemic or otherwise unhealthy appearance, shall be placed in this gang which shall be termed the "convalescent and infirm" gang. (2) Convalescent and infirm prisoners shall be divided into two classes, namely, those who are old and infirm or permanently incapacitated for hard work and those who with suitable diet and treatment, are again likely to be restored to normal health and to become fit for hard labour. The two classes shall be known, respectively, as the "permanent" and "temporary' convalescent gang. (3) Each member of the gang shall be provided with a tin disc which shall be attached to the prisoner's neck ticket by means of an 1/8 inch screw. The tin disc affords a means of not only marking a convalescent but also indicating the diet he is receiving. The scales of diets with their distinctive markings shall be as follows :- \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| (a) \| Ordinary diet \| \| m o A \| \| (b) \| Wheat bread, porridge in lieu of boiled or parched gram \| \| oB \| \| (c) \| Same as (b) with 8 chhittaks milk as an extra. \| \| : C \| \| (d) \| Same as (b) with 8 chhittaks milk as an extra \| \| : D \| \| (e) \| Same as (b) with either meat or gur as extra \| \| \| \| (f) \| Special gang for marked cases of mal-nutrition, to be fed daily before the Medical Subordinate - Diet (b) with 4 chhittaks milk, 1 chhittak gur, 1/2 chhittak ghi \| \| oE \| Samples of discs may be obtained from the Lahore Borstal Institution. The above are six simple forms of suitable diets upon which the changes can be rung and affording a means of increasing and decreasing the amount and quality of food to any individual in the convalescent gang. (4) Very old and feeble prisoners should receive one-eight chhittak of oil occasionally, to be rubbed into the skin. (5) Prisoners suffering from active illness shall be removed to hospital and not treated in the convalescent gang. ### 1043. Convalescents to be weighed weekly. Record to be kept. - The members of the convalescent gang shall remain together and shall, ordinarily, not be mixed up with other prisoners, they shall be weighed every week on such day as the Medical Officer may fix and the weighments recorded in the history-ticket for the information of the Medical Officer. The daily average number in the gang should be shown in the column "remarks" of the monthly return of the sick. ### 1044. Convalescents to be seen daily. - The members of the convalescent gang shall ordinarily be seen daily by the Medical Officer who may recommend any weak of convalescent prisoner for untasked work. ### 1045. Attachment to, and removal from, the convalescent gang. - Under the orders of the Medical Officer prisoners who have recovered health and no longer require special attention, shall be removed from the gang. No prisoner shall be placed in or discharged from the gang except by order of the Medical Officer. ### 1046. Procedure when Prisoners are losing weight. - Whenever an unusual proportion of the prisoners have lost weight, or there is a general tendency to scurvy or to ulceration of the gums or anaemia or an increase of admissions to hospital from dysentery or other bowel complaints, the Medical Officer shall make careful enquiry to ascertain the cause. The diet of the prisoners should then be varied by the liberal issue of animal food in lieu of dal, potatoes, onions and radishes may be substituted for a portion of the vegetable supply. Both the Superintendent and the Medical Officer should occasionally visit the prisoners while at their meals, and ascertain if there are any complaints regarding the food and if much of it is left uneaten. If the food appears to be unpalatable owing to want of variety, this defect should be remedied as far as possible. ### 1047. Labour and loss of weight. - If the loss of weight is more marked amongst prisoners on one form of labour than on another, the tasks should be carefully regulated and the prisoners employed on that particular work changed should the tendency to lose weight continue. Prisoners who at three successive weighments are found to be losing weight, or in whom the loss of weight at any weighment is found to be over 5 lbs. should not ordinarily be placed on hard labour till they recover the loss. On the other hand the Medical Officer should guard against being imposed upon by prisoners who scheme to lose weight, by causing such prisoners to be weighed unexpectedly at short intervals. ### 1048. Removal from barracks. - The Medical Officer shall exercise his discretion as to the time at which the prisoners shall be taken out of their wards. ### 1049. The prophylactic system of treatment. - The prophylactic system of treatment especially as regards malarious fever and its sequelae and bowel disease, should be adopted at the seasons when such diseases are most prevalent. SECTION II Hospital Management ### 1050. Provision of a hospital. - In every prison a hospital or proper place for the reception of sick prisoners shall be provided. ### 1051. Prisoner complaining of illness to be examined. - Every prisoner complaining of illness shall be brought before, and be examined by, the Medical Officer who is to determine whether he shall be placed under observation, treated as an out-patient or admitted to hospital. ### 1052. A prisoner may be detained under observation. - No prisoner may be detained in hospital/more than 24 hours under medical observation without being brought on the hospital register, if it is necessary to detain him for a longer period, he must be admitted. ### 1053. Articles to be supplied to patients. - Each patient shall be supplied with an iron cot, a thick grass or straw mat, a pillow, two bed sheets, a mattress, a cotton coat and dosuti trousers, a woollen coat in winter time and as many blankets as the Medical Officer deems necessary. ### 1054. Maintenance of bed-head tickets and temperature charts. - Over every occupied bed in hospital shall be placed a ticket (Form No. 86), wherein shall be recorded full particulars of the history of the patient and the progress and treatment of the disease. In a case of dysentery, it should be noted whether the prisoner suffered from the infection in his own home or had acquired it in the jail, and in every case of fever a record of the temperature (Form No. 70) shall be kept. Suitable clasp frames for holding these tickets should be provided. ### 1055. Cleanliness of clothing and bedding. - The Medical Officer shall take measures to ensure the cleanliness of clothing and bedding. For this purpose a proper place for washing and boiling soiled clothes should be provided in every jail. Blankets, blanket-coats and bed-sheets should be frequently boiled; those in use in hospital should be treated separately. ### 1056. Sick prisoner to bathe daily. - Prisoners in hospital who are not too ill, shall bathe daily at such time as the Medical Officer may direct. ### 1057. The feeding of sick prisoners. - As a rule, sick prisoners should receive four meals a day. When necessary, there shall be a separate cooking- shed in the hospital enclosure, a special cook appointed and suitable vessels provided for the preparation of food for the sick. Arrangements should be made for the frequent feeding of sick prisoners and for having sags and other invalid food constantly ready. ### 1058. Sick prisoners may be given light work. - As a certain amount of physical exertion is an important factor in the maintenance and improvement of health in many cases and helps to keep the mind occupied, prisoners who are not too ill should be provided with some light work without any definite task being exacted. Such as spinning thread or like. ### 1059. [ Intimation of serious illness to relatives. [P.G. No. 7747-Jails, dated 12.3.1926.] - Intimation of the serious illness of every prisoner shall be given to the District Magistrate of the District to which he belongs for the purpose of having the information conveyed to his relatives, and intimation of the serious illness of prisoners undergoing trial shall also be given to the courts concerned, specially in Sessions cases.] Note - Instruction for the preparation of the indent for medicine and medical stores, the classification of diseases, and the preparation of the monthly and annual returns of sick, will be found in Appendices. Nos. IV and XIV. Section III Infectious Diseases and Cholera Epidemics ### 1060. [ Treatment of infectious diseases. Disposal of body in such case. [P.G. No. 34109 H-Jails, dated 19.11.1930.] - Prisoners suffering from any infectious disease shall be treated in a separate ward, hut or tent, preferably in a remote part of the Jail grounds. After the death or recovery of a patient his clothing, bedding, etc., shall be thoroughly disinfected or destroyed, and the room in which the case occurred, or was treated, shall be thoroughly cleansed and disinfected by means appropriate to the case. The Medical Officer shall give written directions for separating those who are suffering, or suspected to be suffering, from such infectious diseases for cleansing the ward or cell and for cleansing or destroying any clothing or bedding. Before removal, for burial the body of any prisoner who dies of cholera, small-pox, or other communicable disease shall be wrapped in a sheet saturated with one part of corrosive sublimate in 1,000 parts of water or some other strong disinfectant. Such corpses should be disposed of with the least possible delay and surrounded with an ample supply of quick-lime.] ### 1061. [ Calf lymph to be used for vaccination. [P.G. No. 34109 H-Jails, dated 19.11.1930.] - For purposes of vaccination lymph supplied from the Punjab Vaccine Institute only shall be used.] ### 1062. [ Report to be made when cholera occurs. [P.G. No. 34109 H-Jails, dated 19.11.1930.] - When a case of cholera in a Jail, it shall be reported by telegrams to the Inspector-General and the Director of Public Health and by letter to the Superintendent of neighbouring Jail, the Director of Public Health, Punjab and the nearest Civil and Military authorities, and to the District or Municipal Medical Officer of Health in whose jurisdiction the jail is located. If other cases follow a daily report of the progress of the disease and of the measures taken to meet it shall be sent to the Inspector-General and the Director of Public Health, Punjab, in form No. 114. The report shall continue to be submitted daily for 15 days after occurrence of the last case.] ### 1062A. Segregation of cholera cases. - All cases of cholera or suspected cholera should at once be removed for treatment to a cholera camp or ward inside the jail. All the contacts should at once be inoculated with one full dose (1 C.C.) of anti-cholera vaccine, and arrangements should be made as soon as possible to inoculate the rest of the Jail population by means of two injections (1/2 C.C. followed by 1 C.C. after an interval of ten days). The Medical Officer should immediately take steps to ensure that the water supply is protected from possible contamination and all open wells should be chlorinated or "Pinked" with Potassium Permanganate. The cook house should be inspected and the milk should be boiled under his personal supervision. The sanitary arrangements should be inspected and all latrines, and open drains, should be liberally sprinkled with lime. Finally, the issue of all raw vegetables and fruits should be temporarily stopped. ### 1063. Treatment of prisoners occupying an infected barrack. - All prisoners shall be removed from the barrack or building in which a case of cholera occurs, and other accommodation provided for them elsewhere with as little delay as possible; they shall be kept under observation in a separate building and enclosure both by day and night, so as to prevent their mingling with the other prisoners. If there is no suitable accommodation inside the jail, huts or tents for their better segregation should be erected outside the main wall, but within the jail area. Their excreta shall be separately collected and disinfected before removal. This quarantine period shall be for not less than 10 days. ### 1064. Disinfection of wards and latrines. - After the room, hut or tent, in which a case of cholera has occurred has been vacated, the floor and walls in the vicinity of the spot occupied by the person attacked shall be disinfected with strong disinfectant; similar disinfection of the latrine used by the patient and any spot on which he may have vomited or passed excreta shall be carried out. Earthen vessels used by the patient shall be burned and destroyed. Iron utensils shall be fired. ### 1065. Cancelled. ### 1066. Strict isolation of cholera patients to be in force. - A special ward, hut, or tent, shall be erected for patients suffering from cholera and a couple of huts or tents, adjacent thereto for warders, sweepers and attendants. A prisoner seized with cholera shall be taken to the place erected for his reception and not to the hospital, and be attended by men from the affected barrack (those with shortest unexpired terms being selected) who should be encouraged by the offer of rewards to do their duty well. The Medical Subordinate and the Deputy Superintendent shall obey these instructions without awaiting orders from superior authority. All warders, sweepers and attendants on duty with a cholera patient shall at once be inoculated with a full dose of anti-cholera vaccine and shall not be allowed to mix with other prisoners until seven days have elapsed since the death or recovery of the last cholera patient and until their clothing and personal effects have been suitably disinfected. ### 1067. Treatment of dejecta and precautions to prevent the spread of disease. - The dejecta should be received in vessels containing some strong disinfectant and all hospital refuse be immediately burnt. A vomit or stool pan used by a cholera patient shall on no account be used by any one else. The disinfection of the persons alongwith clothing of attendants on cholera patients should be strictly enforced and they should not be allowed to eat food and drink water which have remained in the vicinity of cholera patients or their dejecta. Any part of an iron soiled by vomit or excreta should be thoroughly scrubbed with a strong disinfectant; clothing, bedding, blankets and straw soiled by any cholera patient should be burnt, earthen floors soiled by patients should be dug up and renewed after disinfection, vide paragraph 1064. ### 1068. Procedure on death or recovery. - On the recovery or death of a cholera patient, his bedding and clothing shall be immediately burned. ### 1069. Precautions when epidemic disease is prevalent. - In the event of the outbreak of epidemic disease in the vicinity of the Jail, care shall, as far as possible, be taken to prevent communication of the disease to any inmate of the Jail, either by new admission or by any of the Jail staff, newly admitted prisoners (whether under-trial or convicted) shall be kept in quarantine. If the disease is preventable by inoculation (e.g. cholera, plague, etc.), they shall also be inoculated. ### 1070. Procedure when gastric disturbances prevail. - If gastric disturbances are prevalent in the Jail or if the Medical Officer, in view of the prevalence of cholera in the neighbourhood, deems it advisable, all Jail officials and prisoners shall be inoculated and be encouraged to drink water acidulated with sulphuric acid. After the first appearance of cholera in a Jail the prisoners shall be paraded once a day and questioned in regard to the state of their bowels. Any one found to be suffering from diarrhoea or any other form of sickness shall be detained and a report sent to the Deputy Superintendent and to the Medical Officer. ### 1071. Avoidance of damp and chill etc. - Damp and chills should be avoided. For this purpose fires shall be burned in all wards which are damp. The numbers confined in each ward should be reduced by providing short-term prisoners with temporary accommodation elsewhere. ### 1072. Purification of drinking water. - Wells, cisterns, and reservoirs may be disinfected as follows :- (a) A sufficient quantity of the solid potassium permanganate is to be added to give the water of the well a faint pink colour which lasts for at least 12 hours. Two ounces of the substance will be sufficient for an ordinary-sized clean well. This quantity should be dissolved in a bucket or two of water and poured into the well. Half an hour afterwards a specimen of the water should be drawn up and inspected. If pink colour is still present, enough has been employed, but if the pink colour has vanished, as may be the case if the well is dirty, a further quantity of permanganate should be added. The well should then be allowed to remain undisturbed as long as possible, but may be again opened for use of the following day. (b) Lime may be used to purify a well, but it must be perfectly fresh so much so that when a certain amount is added to a small quantity of water, the heat developed ought to be sufficient to make the water boil. The quantity necessary may be calculated thus - Multiply the diameter of the well in feet by itself and the product by the number of feet of water in the well divide the result by 10, and the quotient gives the number of pounds of lime required. Example. - If a well is 6 feet in diameter and there are 8 feet of water in it, the sum will \| \| \| --- \| \| be =\| 6x6x810\| =\| 28810\| = 28.8 lbs. of lime \| ### 1073. Food supplies and vessels to receive attention. - Food should be constantly inspected to ensure that it is of good quality, cleanly prepared and well cooked. The issue of uncooked foods and raw vegetables and fruits should be temporarily suspended. All food-stuffs not required immediately and more specially milk should be boiled and stored in a cool place in vessels scalded with boiling water and protected from flies. The cook house should be kept under close supervision by the Medical Officer and all refuse should be removed and burnt in an incinerator. The drains from the cook house should be cleaned daily and liberally dusted with powdered lime. The cooks should be at once inoculated against cholera and their state of health inquired into daily and if any cook is found to be suffering from diarrhoea or is attacked by cholera, all the cooks should be changed. ### 1074. Strict attention to sanitary matters. - Strict attention should be paid to all sanitary matters, especially to the dry earth system of conservancy, care being taken that the earth is really dry and well sifted and that it is applied immediately and in proper quantity. In the rains, if there is not sufficient dry earth stored, enough can be got by heating over a fire. It will also be found of advantage to have dry earth spread near patients suffering, from cholera so as to receive any sudden discharges which would otherwise fall on the floor. The staff of sweepers should be increased. ### 1075. Arrangements to be completed. - The hospital should be lime washed and special care taken that all arrangements to meet an outbreak of epidemic disease are complete. The special equipment required for the treatment of cholera should be kept at the hospital for use in emergencies. This includes the apparatus required for the intra-venous administration of hyper-tonic salines, potassium permanganate in pill and powder form, kaolin, essential oils mixture and anti-cholera vaccine. The Medical Officer of the Jail should be familiar with the technique employed in administering intra-venous salines. ### 1076. Inoculation against cholera. - When a case of cholera has occurred, or infection by the disease is threatened, prophylactic inoculation should be carried out on the widest scale possible. In the event of cholera appearing in the Jail a telegraphic demand for sufficient vaccine to inoculate the whole of the Jail population with two doses (1.5 c.c. per head) should be made on the local District Medical Officer Health, and the indent should follow by post addressed to the Director of Public Health, Punjab. ### 1077. Cancelled. ### 1078. Cancelled. ### 1079. Cancelled. ### 1080. Cancelled. ### 1081. Cancelled. ### 1082. Cancelled. ### 1083. Cancelled. ### 1084. Cancelled. ### 1085. Cancelled. ### 1086. Cancelled. ### 1087. Cancelled. ### 1088. Cancelled. ### 1089. Cancelled. ### 1090. Cancelled. ### 1091. Cancelled. ### 1092. Cancelled. ### 1093. Cancelled. ### 1094. Cancelled. ### 1095. Cancelled. ### 1096. Cancelled. ### 1097. Cancelled. ### 1098. Cancelled. ### 1099. Cancelled. ### 1100. Cancelled. ### 1101. Cancelled. ### 1102. Cancelled. ### 1103. Cancelled. ### 1104. [ Record and report of cholera. [P.G. No. 34109 H-Jails, dated 19.11.1930.] - The Medical Officer shall keep a special record of cases of cholera and at the close of an outbreak, write a report on the origin and progress of the disease with the measures taken to combat it and any points of interest that came under his observation. Copies of the record and report in triplicate shall, if the disease has been epidemic, be forwarded at once to the Inspector-General, one for his own use and the other two for transmission to the Director of Public Health and to the Commissioner of Public Health with the Government of India respectively. If the disease has been limited to a sporadic case of two, copies of the record and report shall be submitted in triplicate at the close of the year in which the disease occurred.] ### 1105. [ Period of precautionary measures. [P.G. No. 34109 H-Jails, dated 19.11.1930.] - All precautionary measures shall be continued until fourteen days have elapsed since the death or recovery of the last case of cholera. The daily report (vide paragraph 1062) should be continued during this period, on the expiry of which the Inspector-General of Prisons, and the Director of Public Health should be notified that the Jail is declared free.] ### 1106. Cancelled. ### 1107. [ Investigation as to the origin of the first case. [P.G. No. 34109 H-Jails, dated 19.11.1930.] - In any epidemic it is of the greatest importance to ascertain all the circumstances connected with the appearance at the first case, and a very careful investigation should be made of once in order to discover, if possible, how it originated. Such enquiries, if delayed, are usually unsatisfactory.] ### 1108. [ Symptoms of cholera. [P.G. No. 34109 H-Jails, dated 19.11.1930.] - All cases exhibiting vomiting and rice-water stools should be regarded as cholera and treated as such, but it is well to remember that at the commencement of cholera epidemic diarrhoea may be the only evidence of a mild attack of cholera, whilst death sometimes occurs (Cholera sicca) before either vomiting or diarrhoea has had time to occur. Bacteriological diagnosis should, whenever possible, be carried out.] ### 1109. The terms "sporadic" and "epidemic". - The terms "sporadic" and "epidemic" should not be used in connection with reports of cases. There are no means of distinguishing between them and the exact significance of individual outbreaks can be known only when all the facts have been ascertained and considered as a whole. ### 1110. Discharge of patients. Precautions not to be relaxed. - No case of cholera should be discharged from hospital until every symptom either directly or indirectly due to the disease has disappeared. When a case has not occurred for several days, an opinion is apt to prevail that the disease is at an end, it is important that this should not lead to any relaxation of the precautions necessary to prevent a further outbreak. Carriers - The discharges of a recovered cholera patient should be incinerated for not less than 50 days after the cessation of all the symptoms of the disease remembering that they may contain active vibrious for fully that period. In order to ensure this cholera convalescents should be kept in a post-choleraic gang, under the immediate supervision of the Sub-Assistant Surgeon. ### 1110A. Measures against small-pox. - In the case of small-pox the patient should be isolated and treated in a separate ward or camp in a remote part of the Jail grounds. The contacts should be isolated for fifteen days and vaccinated. The Medical Officers will also take steps to vaccinate all the staff and prisoners who have not recently been vaccinated. The clothing and personal effects of small-pox patients should be thoroughly washed in a strong disinfectant and thereafter disinfected in a high pressure steam disinfector. The barrack in which a case of small-pox has occurred should be vacated at once, the floor and berths washed with a disinfectant and the walls whitewashed and the doors and windows left open for a week when it may, if necessary, be re-occupied. ### 1110B. Measures against plague. - To prevent the occurrence of plague the systematic destruction to rats, more specially in grain godown and food stores, should be carried out throughout the year. In the event of dead rats being found in any building, the latter should be vacated at once and a dead rat despatched to the nearest Medical Officer of Health for examination and report. The measures, in respect of the isolation and treatment of the patient, the evacuation of infected barracks and the disinfection of clothing are similar to those detailed in the case of small-pox but on the appearance of plague in a jail, the staff and prisoners should be inoculated with anti- plague vaccine, a supply of which can be obtained from the District Medical Officer of Health. ### 1110C. Measures against louse-borne disease, relapsing fever and typhus. - In the case of louse-borne disease, relapsing fever and typhus, the detection of the first case should be followed by measures similar to those detailed in the case of plague so far as the isolation and treatment of the patient is concerned. In the case of relapsing fever the patient should be treated by the intra-venous administration of an arsenical preparation such as neo-salvarson. The clothing and personal effects of the patient and contacts should be disinfected in a steam pressure disinfector and the contacts should be kept under observation for a week. In the event of the occurrence of any further cases the "de-lousing" of the Jail population should be carried out, and repeated once a week until the disease is brought under control. ### 1110D. Weekly return of infectious diseases. - The Medical Officer of the Jail will prepare, in duplicate, each week for submission to the Inspector- General of Prisons, and to the Director of Public Health a weekly return of infectious diseases in Form 27 (D.P.H.) which is supplied on application by the Director of Public Health. ### 1110E. Officers of Health to be consulted on outbreak of an infectious disease. - The Director of Public Health being the official adviser in all matters of public health, he or the Assistant Director of Public Health or the nearest District of Municipal Medical Officer of Health should be consulted at once when any infectious disease or obscure sickness becomes prevalent or threatens to become prevalent in the Jail. Chapter XLI Public Works ----------------------------- ### 1111. Classifications of works and repairs. (1) Public Works in jails are classified as follows :- \| \| \| \| --- \| --- \| \| A.-Original Works \| Major Works, costing over Rs. 10,000. Minor works costing over Rs. 1,000 but not exceeding Rs. 10,000. Petty works, costing 1,000 or under \| \| B.- Repairs \| Special Periodical or annual \| (2) "Original works" include all new constructions whether entirely new or merely additions and alterations to existing buildings, all repairs to newly purchased or previously abandoned buildings required to bring them into use and substitutions of one kind of work or for another, e.g. a tiled or a thathed roof. (3) "Special repairs" include the complete renewal of a roof or floor and repairs rendered necessary by storm, fire, flood or other unforeseen accident. Special repairs estimates unlike other repair estimates do not lapse with the official years, but remain current till the completion of the work, in the same way as estimates for original works. (4) "Periodical or annual repairs" comprise not only such work as painting and white-washing but such miscellaneous repairs as it may be convenient to carry out at the same time. ### 1112. Proposals for an original major work. (1) Every proposal for a major work should be accompanied by - (a) an explanation of the requirement; (b) a brief statement of the general nature and extent of the work proposed; and (c) rough approximate estimate of the probable cost, and a rough pencil sketch showing the chief dimensions of the work. (2) The proposal should be submitted by the Inspector-General to the Local Government in the Civil Department for the order of His Excellency the Governor. (3) The Executive Engineer may be called upon to report on any proposal for an original major work and to state roughly the probable costs as required by clause (1), but that officer should not be asked to prepare detailed drawings and estimates, this can only be done under the orders of the Local Government in the Public Works Department. ### 1113. Details when a minor work is proposed. - When a minor work is proposed, the procedure for the preparation of estimate will be the same as that for a major work. Superintendents of Jails may ask officers of the cost of every work they consider necessary and when these are received, Public Works Department for rough estimates of net cost of every work they consider necessary and when these are received, submit them to the Inspector-General for an allotment of funds. In the event of the Inspector-General being prepared to make an allotment, he will communicate the fact to the Superintending Engineer who will then order the preparation of the detailed estimate. Note - The Inspector-General is empowered to sanction expenditure up to Rs. 5,000 on all minor works, other than residential buildings appertaining to Central and District Jails, and miscellaneous buildings of the Jail Department under the minor head "Original Works-Buildings-Jails Convict Settlements of the Major Head 41 - Civil Works-Transferred." ### 1114. Details when a major work is proposed. (1) Major works will ordinarily be proposed by the Superintendent who may call upon the Public Works Department for rough approximate estimates of the cost and on receipt, submit them to the Inspector-General who may then apply for the administrative approval of the Local Government in the Civil Department. This approval being obtained, the Inspector-General will include the work in his list of budget proposals and the Superintending Engineer or the Local Government in the Public Works Department on receipt of administrative approval will issue orders for the preparation of the detailed plans and estimate. (2) The detailed plans and estimate will be sent to the Superintendent for countersignature and afterwards returned to the Executive Engineer who will transmit them through the Superintending Engineer to the Inspector-General, for the counter-signature and approval of these officers. (3) The detailed plans and estimate will finally be forwarded by the Inspector-General to the Local Government in the Public Works Department through the Chief Engineer, for sanction and allotment of funds. ### 1115. Procedure when repairs are required. (1) Estimates for repairs will be prepared by the officer of the Public Works Department concerned who will be responsible for their propriety. (2) Executive Engineers in-charge of Divisions, in the Buildings and Roads Branch, are empowered to sanction expenditure on ordinary (annual, periodical and petty) repairs within the limits of the sanctioned stereotyped estimates and the budget allotment placed at their disposal by Superintending Engineers.> (3) Note - The responsibility for the efficient maintenance of work should be impressed upon Executive Engineers from the beginning and they should be allowed as free a hand as possible subject to financial regularity. Note - All expenditure on pretty construction and repairs is charged to the Public Works Department Budget. ### 1116. Matter concerning works generally. (1) Nothing in this chapter is to be construed into a permission to any officer to carry out in portion any system of works or alterations of which the costs in the aggregate would exceed what he is empowered to sanction. (2) No material alterations or additions to a building may be made without the approval of Superintending Engineer nor may any building be dismantled or new building constructed without permission obtained from or through him as the case may be. (3) No work may be commenced till sanction to it has been accorded and allotment of funds made and orders for its commencement issued by competent authority. In emergent cases of danger of inconvenience suddenly arising, a definite written request must be made to the Executive Engineer who will act on his own responsibility. ### 1117. Convict labour. Details to be observed in the execution of works. (1) In the execution of every jail work convict labour shall be utilized to the fullest extent. An Executive Engineer is required to give a Superintendent the option of executing the whole or any part of a jail work and to assist him in providing employment for prisoners on such work, but as it will not be always possible for a Superintendent to carry out jail works, such works may be classed as those to be done by - (a) convict labour; (b) free labour; and (c) convict and free labour combined. (2) It is laid down in the Public Works Code that estimates for the works on which it is intended to use prison labour will, as in the case of free labours, provide for the full market value of the work to be done, but a note of the reduction to be effected by the employment of convicts will be made on the abstract of the estimate. (3) No charges should be made to the Public Works Department when, convicts are employed on jail works. When prison labour is employed on other public works the full market value of the work performed, as certified to by the Executive Engineer, will be charged to the Public Works Department. The adjustment of such charge should be made according to the general rules for payments by one Department to another. (4) The Executive Engineer will from time to time inform the Superintendent of the probable demand for convict labour, the Superintendent shall arrange as far as practicable for the required number of convicts being made available and apply, if necessary, to the Inspector-General for the transfer of as many more convicts as will make up the required number. (5) When a sanctioned jail work is to be executed by prison labour, the Superintendent will apply to the Executive Engineer for all tools, plant and materials required for the work. Such tools and materials shall be devoted solely to the purposes sanctioned in the estimate. (6) The Superintendent will also engage such paid skilled labour and supervision as it considers necessary, in consultation with the Executive Engineer, this will be paid for by the Superintendent and charged in the estimates. (7) The work to be done shall be laid out by the Executive Engineer, or by his subordinate deputed for the purpose, and no deviation from the sanctioned plan shall be permitted without formal sanction. (8) It is the duty of the Executive Engineer to point out to the Superintendent when progress on a work on which convict labour is employed, is considered unsatisfactory, to assist the Superintendent in framing a table of task-work, to instruct his subordinate to report daily those convicts who have not completed their tasks or who have been otherwise negligent at their work. (9) All building operations are to be conducted by the Executive Engineer and his subordinate in-charge, without interference. The supervision of Public Works Department must however be effectual so that loss to the jail by dismantlement of work, waste of materials or loss of tools may be reduced to a minimum. Note - His Honour the Lieutenant-Governor is pleased to direct that all ordinary repairs to jail buildings and all special repairs and original works, the estimated cost of which does not exceed Rs. 500 and which do not require professional skill, be carried out by Superintendent of Jails. For works costing over Rs. 500 their execution or otherwise by Superintendents is to be decided, each on its own merits, at the time of sanction, by Superintending Engineers in consultation with Superintendents. Works and repairs to be undertaken by the Jails Department will be subject to the following procedure. (a) Estimates for the class of works noted above are to be prepared by the officers of the Public Works Department as usual, and when it has been decided that the Jail Department should carry out the work, the estimate abstract shall be cut down to show saving effected by the use of uncharged for Jail labour. (b) In cases where the Superintendent of the Jail has no mistri or skilled workman at his disposal to put in charge of such works, the Executive Engineer of the Public Works Division concerned should either lend him one from his own staff, if he has one available or should see, that the estimate provides for payment of one charged to work. If in any particular case the Superintendent of the Jail professes his inability to carry out work which the Executive Engineer has not objected to as unsuitable to Jail labour, the Executive Engineer would, of course, carry it out for him, the matter is one that should be arranged between the Superintendent and the Executive Engineer. But it should be borne in mind that whenever by supplying help in the way of subordinate staff the Executive Engineer can aid the Superintendent to carry out work, it will be preferable to do so rather than to undertake it himself. (c) The Executive Engineer of each Public Works Division should, as far as possible, inspect or direct one of his subordinates to inspect works made over to Superintendents of Jails for execution, while they are in progress, when they are of such a nature that some degree of professional supervision would be desirable. Superintending Engineers will also during tour examine them, as has been heretofore customary. (d) In carrying out Jail works the Superintendent of the Jail will act as agent of the Public Works Department and as such it will be his duty to see that money provided for one work is not diverted to another, and that no deviation from drawings or specifications is allowed. ### 1118. Duties and responsibilities. Superintendent & Executive Engineers. (1) The disposal of complaints of officers of the Public Works Department regarding the work rests with the Superintendent. It is the duty of the Executive Engineer to see that his arrangements for materials, &c., are such that full employment is found for the number of prisoners for whom he applies. (2) The discipline, feeding, clothing, treatment, guarding and supervision of convicts employed on a work, rests with the Superintendent. (3) No scaffolding, loose bamboos, planks, tools, &c., likely to facilitate escape, shall be left in the jail at night. Over extensive scaffolding or building materials that are a source of danger but which cannot be removed each evening, a special watch shall be placed by the Superintendent. (4) Outside labourers whenever employed shall be kept as much apart as practicable from convicts. When skilled outside labourers are engaged to teach convicts and supervise their work, it must be arranged that discipline is interfered with as little as possible. ### 1119. Inspection of Jail buildings and the armouries attached to them. - (i) The Divisional Officer of the Public Works Department in-charge of a jail will submit annually to the Superintending Engineer, for information, certificate of inspection in the form appended below. The Divisional Officer will also send a copy of the certificate to the Superintendent of the jail for disposal. Such report will be forwarded to the Inspector-General. (ii) On receipt of the certificate the Superintendent of the Jail will ask the Divisional Officer for estimates for such work as he considers necessary to remedy the unsatisfactory features noticed. If for financial or other reasons the Jail Department does not consider it advisable to take action on any of the matters brought out in the certificate, the Superintendent will inform the Divisional Officer accordingly so that those particular points may not be repeated in succeeding certificates. (iii) The Superintending Engineer will forward to the Chief Engineer, for information, only such certificates of Inspection as exhibit unsatisfactory features of an important nature. ### 1120. Signing of completion certificate. - On the completion of a work, a completion certificate will be forwarded by the Executive Engineer to the Superintendent for signature. The signature merely implies that the Superintendent has satisfied himself to the best of his ability that the work has been done properly. If he objects to the way the work has been performed or to any statement on the certificate or other paper presented to him for signature, he should still sign it, adding any remarks he may think proper. Remarks which are unnecessary or irrelevant should be avoided. Note - A copy of the completion certificate with the remarks, if any, made by the Superintendent shall be sent to the Inspector-General. ### 1121. Disposal mode of materials. - Materials derived from jail buildings dismantled or undergoing repair and surplus materials remaining over from a new work, when these have been supplied by the Executive Engineer, are at the disposal of that officer. ### 1122. Cancelled. ### 1123. Responsibility of Superintendents to guard against fire. - Superintendents are responsible that - (a) no fires, except in constructed fireplaces, are allowed in any building or quarters during the day or night; (b) no fire is carried about unguarded, nor light without lanterns or protecting shades; (c) a sufficiency of water is constantly kept in the tanks or vessels provided for the purpose, and that such water is changed frequently; (d) the ladders and other appliances provided for cases of fire are at all times in serviceable condition and available for immediate use; and (e) that no stacks or collections of grass, straw, or other inflammable materials, thatched huts, mat enclosures, or temporary cooking places enclosed or roofed with thatch or mats, are allowed within 50 yards of any jail building without special orders, and that such collection or building of inflammable materials is not subject to any risk of fire. ### 1124. Grant for annual repairs. - A grant of funds for annual repairs is made to all Superintendents to enable them to make payments on behalf of Government on account of repairs to jail buildings. This grant should be accounted for in jail registers in the same way as other expenditure on account of maintenance of prisoners, etc. Chapter XLII Registers, Returns, Accounts and Office Procedure. -------------------------------------------------------------------- SECTION 1 Registers ### 1125. Record to be kept by Superintendent. - The Superintendent shall keep, or cause to be kept, the following records - (1) a register of prisoners admitted; (2) a book showing when each prisoner is to be released; (3) a punishment-book for the entry of the punishments inflicted on prisoners for prison-offences; (4) a visitors' book for the entry of any observations made by the visitors touching any matters connected with the administration of the prison; (5) a record of the money and other articles taken from prisoners; And all such other records as may be prescribed by rules under Section 59 or Section 60. ### 1126. Register of prisoners admitted and record of property. (1) The register of prisoners admitted prescribed in Section 12 of the Prisons Act, 1894, shall be maintained in three parts, namely, - (a) register of unconvicted criminal prisoners; (b) register of convicted prisoners; (c) register of civil prisoners. (2) The record of money and other property taken from prisoners, prescribed by Section 12 of the same Act shall be kept in appropriate columns of the registers referred to in clause (1). ### 1127. List of registers prescribed by the Prisons Act and Rules thereunder. - In addition to any registers which the Inspector-General may, at any time by executive order, require to be maintained in any Jail or class, following registers shall be maintained in the jails, specified in each case namely. :- \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| No. of Register \| Description of register \| Jail in which to be maintained \| Explanatory remarks \| \| 1. \| Register of unconvicted criminalprisoners admitted \| All Jails \| Prescribed by Section 12, Prisons Act, 1894 \| \| 2. \| Register of convicted prisonersadmitted \| Ditto \| Ditto \| \| 3. \| Register of civil prisonersadmitted \| All civil Jails and Jailsin which any civilprisoners may be confined \| Ditto \| \| 4. \| Register of release of convictedcriminal and civil prisoners(Release Diary) \| All Jails \| Ditto \| \| 5. \| Register of punishment inflicted onprisoners for prison offences \| Ditto \| Ditto \| \| 6. \| Register of remarks of visitors \| Ditto \| Ditto \| \| 7. \| Register for the entry of the namesall of visitors \| Ditto \| Prescribed under Section 60(t) , Prisons Act, 1984 \| \| 8. \| Medical Officer's journal \| Ditto Ditto \| \| \| 9. \| Superintendent's journal \| Ditto \| Ditto \| \| 10. \| Factory Manager's report book \| In jails having a DeputySuperintendent \| Ditto \| \| 11. \| Factory Manager's report book \| All jails \| Ditto \| \| \| Sub-Assistant Surgeon's report book \| Ditto \| Ditto \| \| \| European Warder's report \| In jails having such warder \| Ditto \| \| 13. \| Hospital register \| All jails \| Ditto \| \| 14. \| Lock-up register for all classesof prisoners in the jail \| Ditto \| Ditto \| \| 16. \| Register of persons passed inor out of jail \| Ditto \| Ditto \| \| 16-A. \| Register of prisoners passed inor out of the jail \| Ditto \| Ditto \| \| 17. \| Register of articles passed inor out of the gate \| Ditto \| Ditto \| \| 18. \| General cash-book \| Ditto \| Ditto \| \| 19. \| Cash ledger \| Ditto \| Ditto \| \| 21. \| Diary of termination of jailpunishments \| Ditto \| Ditto \| ### 1128. List of Registers prescribed by the Inspector-General. - The following registers prescribed by the Inspector-General shall be maintained in all jails in so far as they may be applicable namely :- \| \| \| \| --- \| --- \| \| No. of register \| Description of register \| \| 1 \| 2 \| \| 22 \| Alphabetical register of convicted persons. \| \| 25 \| General abstract of prisoners in the jail. \| \| 26 \| Labour distribution register. \| \| 27 \| Register of letters received. \| \| 28 \| Register of letters despatched. \| \| 29 \| Warders' service register. \| \| 29(a) \| Warders' clothing register. \| \| 30 \| Watchman's control register. \| \| 31 \| Register of target practice. \| \| 33 \| Daily Registerer in hospital. \| \| 34 \| Daily register of patients convalescent diseased. \| \| 35 \| Register of charges for services and supplies. \| \| 35-A \| Register of contingent charges. \| \| 36 \| Daily register of purchases of grains, fuel, etc. \| \| 37 \| Daily godown and mill account register. \| \| 38 \| Daily register of prisoners diet. \| \| 39 \| Clothing godown stock-book. \| \| 40 \| Dairy and cattle registers. A, B, C and D. \| \| 42 \| Inventory of miscellaneous property. \| \| 43 \| Ammunition register \| \| 44 \| Manufactory cash book. \| \| 45 \| Register of manufactory contingencies. \| \| 46 \| Register of receipt and issue of raw materials. \| \| 47 \| Stock register of raw materials. \| \| 47(a) \| Register showing raw materials in process of manufacture \| \| 48 \| Stock register of manufactured articles. \| \| 48(a) \| Stores and sale book of manufactured articles. \| \| 49 \| Manufactory order-book \| \| 50 \| Indexed bill-book. \| \| 51 \| Register showing outstanding balances. \| \| 52 \| Stock register of materials for maintenance. \| \| 53 \| Cash book (Manufactory) . \| \| 54 \| Ledger (Manufactory) . \| \| 55 \| Sales Day Book. \| \| 56 \| Purchase Day Book. \| \| 57 \| Journal (Manufactory) . \| \| 58 \| Block Register \| \| 59 \| Purchase Order Book \| \| 60 \| Register of Daily Receipts. \| \| 60(a) \| Register of Daily issues \| \| 61 \| Stores Ledger. \| \| 62 \| Register showing names of prisoners working in and out of jail. \| \| 63 \| Garden register. \| \| 64 \| Warders day duty. \| \| 65 \| Warder's night duty register. \| \| 67 \| Night Report Book. \| \| 68 \| Register of convalescent prisoners. \| \| 70 \| Register of out-patients. \| \| U.F. 93 \| Register of office furniture. \| \| U.F. 96 \| Stock register of forms, etc. \| \| U.F. 94-A \| Travelling allowance check register. \| \| C.H. 13-L \| Register showing expenditure of European and Bazar medicines. \| ### 1129. Form of register. - The forms of, and the particulars to be recorded in, the several registers specified in the preceding rule, shall, from time to time, be prescribed by the Inspector-General : Provided that every register now prescribed and in use shall continue to be maintained in its present form until the Inspector-General shall supersede the same by a direction even under this rule. ### 1130. Instructions for keeping register. - The following instructions for keeping the registers should be carefully attended to :- No. 1. - Register of unconvicted prisoners - Column 5. - If Christian, the denomination; if Muhammadan, the sect, and if Hindu, the caste, should be entered. Column 7 - A full description of the prisoner such as may be useful for his identification and his left thumb impression, should be given in this column. Column 9 - The cause of detention in jail should be shown. Column 12 - Should be filled in by the Medical Officer or under his orders by the Medical subordinate - also see paragraph 817, Jail Manual regarding weight on release. Column 17 - All property brought with the prisoner, or received for him afterwards, should be here entered and a note made against each article he is allowed to take inside the jail for his personal use. No. 2 - Register of convicts admitted - (1) Age, Labour, Health, Weight and Protection are to be filled in by or under the direction of the Medical Officer. The entries in this register shall be made as soon as possible after the admission of the prisoner or as soon as the necessary information is available. (2) Religion - If a Christian, the denomination; a Muhammadan, the sect; or a Hindu, the caste, should be given. (3) Previous occupation - The particulars shown should be in accordance with the classification required in Quarterly Statement No. II. (4) Personal description - A full description of the prisoner, such as may be useful for his identification, and his left thumb impression, should be given in this column. (5) Previous conviction - All previous convictions, if established, should be entered in this column with the date, crime and sentence in each case. (6) Sentence - In cases in which a convict is sentenced to two or more sentences under different warrants, the aggregate of the sentence should be shown in the heading of the register, but in columns 14 and 15 each sentence should be entered separately and in detail. (7) Date of release - If a convict is sentenced to imprisonment in default of payment of fine the dates of expiry of both the substantive sentence and the sentence in lieu of fine, should be shown. On payment of fine or receipt of notice or payment thereof, the latter date should be scored out and initialled by the Register-keeper. If the fine is paid in part, an entry should be made to show the amount paid and the consequent date of release. (8) Weight - Weights should be recorded in lb, fractions of a lb being omitted. (9) A receipt stamp should be affixed to the receipt obtained from a prisoner on his release for his cash property if the payment exceeds Rs. 20. (10) (a) Property - Details of all property of a convicted prisoner taken from him or delivered with him on admission into jail, or afterwards received on his account should be entered in this register in the columns provided for the purpose. (b) When property of a prisoner is received by an official and made over to another for custody, the latter should initial the entries in this register in token of its receipt. No. 3. Register of Civil Prisoners - (1) Distinguishing marks - The prisoner's thumb-impression and other marks useful for his identification should be entered here. (2) The particulars regarding the amount of subsistence allowance received and disbursed should also be entered in the columns provided in this register. (3) Instruction in clauses (1), (2), (4) and (8) under Register No. 2 above also apply to this register. (4) Articles of clothing, etc., supplied to the prisoner at the cost of the decree-holder, shall be removed from the prisoner and made over to the decree-holder. (5) Articles supplied to the prisoner from the stock of the jail shall be paid for at market rates. (6) Proper receipts for the money and property returned to the decree holder should be obtained. (7) Full account of the diet money received and expended should be kept in this register and dates of receipts and expenditure should correspond with those in the General Cash Book and Register No. 35. No. 4. - Release Diary - (a) A page or more, if necessary, should be set apart for every day, and as many volumes as are required kept up. The names of prisoners to be released after ten years should be entered on the last page of the last column in use, and when new volumes are opened these names should be transferred to their proper dates in them. (b) On the conviction of a prisoner, his name shall be entered on the page allotted to the day on which he is to be released, on the supposition that he will have to spend the whole term of imprisonment in jail without remission of any kind. (c) If a prisoner be entitled to be released before the expiration of his sentence on account of the remission earned or reduction of sentence, a line shall be drawn through his name where it is entered on the date of the expiration of his sentence and a reference made in the column of remarks to the new date on which he is to be released; on the latter date a fresh entry shall be made. The same method shall be adopted when a prisoner receives a further sentence. (d) If a prisoner be sentenced to imprisonment of which the whole or any portion is in default of payment of fine or a portion of it be not immediately paid, the date of release shall be fixed and entered in the release diaries on the dates which correspond to payment as well as to non- payment of fine. When any portion of the fine is subsequently paid, the date of release shall be altered accordingly. (e) The names of civil prisoners shall be entered on the day on which they are to be released at the bottom of the page. (f) The names of convicts should not be transferred to a new date till remission has been sanctioned by the Superintendent or other sanctioning authority. (g) When a prisoner is transferred or dies before the expiry of the sentence, his name shall be scored out under the date in which it is entered and full particulars shall be furnished regarding him under the date on which he was transferred or died. (h) Cause of discharge such as an appeal, expiry of sentence, transfer, furnishing security, or under remission rules shall be entered in the column of remarks. If the prisoner is released under the remission rules, the amount of remission earned shall also be entered in this column. No. 5. Punishment Register - (1) Column 13 - If the entry to be made in this column is a long one, it may be written across the book, but space should be left for the other necessary entries relative to the case in the other columns. (2) Entries of punishments of whipping and of sentences inflicted by a Court for offences committed in Jail, shall be entered in red ink. In order that they may be readily distinguished. At the end of each month, an abstract of offences and punishments according to the headings in monthly Statement No. VI shall be prepared. (3) When a prisoner is sentenced to flogging the previous punishments awarded to him shall also be entered in this register. (4) When a prisoner is sentenced to whipping, change of labour or penal diet, Medical Officer's certificate as to the fitness of the prisoner to undergo the punishment should be obtained in column 15. (5) When the prisoner punished is a female, letters "f" shall be written under her register. No in column 2. (6) When an offence is committed it should be brought on this book promptly. Even if judgment has not been pronounced. No. 6. Register of remarks of visitors - (1) Besides the official and non-official visitors of the Jail, the Inspector-General or any other superior officer of Government, visiting the station, and the officers of the Education Department, may record their remarks in this book. (2) A copy of the remarks recorded in the register by any visitor should be despatched in duplicate to the Inspector-General with a copy of remarks made by the Superintendent. No. 13. Hospital Register - To be kept by the Medical Officer, or the Medical Subordinate under his direction. The various entries should be made as soon as the information required is available. Column 12 - The nomenclature of diseases should be adhered to in filling in this column. No. 14. Lock-up Register - (1) Against the side heading "name and number of wards" should be entered female ward, juvenile ward, convict ward No. 3. etc., as the case may be and immediately under this entry the accommodation of such ward should be given. The number of prisoners actually confined in a ward at any lock-up should be given against the date. (2) If convenient separate register may be used for large enclosures in a Jail and consolidated into another register by the Deputy Superintendent. No. 15. Register of persons passed in or out of Jail - Only persons other than prisoners should be entered in this register; the names of prisoners passing in and out shall be recorded in a separate register. On the relief of the gate-keeper, the necessary entries should be made in this book. No. 16. (a) Register of prisoners passed in and out of jail - (1) All prisoners sent out of the Jail during the day shall be entered in this register, whether on release, transfer, or work outside the jail. Similarly, all prisoners received into the Jail by transfer, on conviction or on return from work shall be entered therein. (2) When a gang of prisoners is sent out of the Jail on exta-mural work the name of each prisoner shall be entered, but when the gang is brought back, the names shall be called over from the outgoing entry, and if correct, need not be re-entered, but the total strength of the gang with particulars thereof shall be entered as having been admitted into the Jail. (3) Signature of the warder and the convict officers in-charge of the gang shall be taken in column 5. No. 17. Register of articles passed in or out of the Jail Gate - The entries in this register should be checked periodically by the Superintendent and daily by the Deputy Superintendent, with the receipts of provisions, raw materials, etc., and the sale or removal of manufactured articles, &c., to see that they correspond. A note of the fact that such comparison has been made, with the result, should be entered. No. 18. General Cash Book - (1) In this register shall be entered the receipt and disbursement of all moneys passing through the hands of the Deputy Superintendent, except such as relate to the Manufactory Department for which a special register is provided. (2) A fixed sum of money known as the "permanent advance" is sanctioned for every Jail. On the 1st April of each year the Accountant General is to be furnished with a certificate that the full amount of the advance is in the possession of, and to be accounted for, by the Superintendent. Petty payments should be made by the Deputy Superintendent in cash from this advance. When the payment of large sums is necessary the Superintendent shall draw upon the Treasury by abstract bill, which he may, after obtaining a proper receipt for the amount, endorse for payment to the person to whom the money is due, or the money may be received from the Treasury and paid in cash. No large sums shall be kept in hand for more than 24 hours, so that money should not be drawn until it is actually required for disbursement. There should, therefore, seldom be a balance against the Jail, except the permanent advance, prisoners' cash, diet money of civil prisoners, cash realized by sale of Government property (not manufactory), and possibly petty refunds which, however, should always be paid into the Treasury without unnecessary delay. (3) A receipt shall be taken for all disbursements even for small sums. The receipts shall, when possible, be in the vernacular known to the payee, who shall state in words the amount received. Separate receipts for payment under Factory and Maintenance charges should as a rule, be taken. All receipts for sums over Rs. 20 must be stamped. (4) Large sums, shall, as far as possible, be paid in the presence of the Superintendent, but when this is not practicable, they shall be made in the presence of two respectable witnesses, who shall attest the payment by affixing their signatures to the receipt. (5) All receipts for cash payments shall bear two series of numbers, - firstly, a serial number for the year and secondly, a serial number for the month. The former shall be entered upon the receipt at the time it is given by the recipient of the money, the latter at the close of the month after the receipts have been arranged in the manner, described in clause (3) above; the annual number should be given on top, and the monthly number underneath thus No. 100/1. Receipts relating to Jail maintenance and Jail manufactory, respectively, shall be given a separate and distinct series of annual and monthly numbers. Only the annual numbers shall be shown in the columns provided for the purpose in Register Nos. 35 and 45. Note - The serial number should commence with the financial year, viz., 1st April. (6) Before signing the certificate printed on the bill, the Superintendent shall satisfy himself that all vouchers under Rs. 25 in amount have been cancelled and cannot be used again. (7) Detail of the balance in hand should be prepared once a month to show how the balance is made up. The detail should be very minute and must give full information as to the items which make up the balance under each of the heads under Register No. 19 separately. It should be signed by the Superintendent when prepared. (8) Receipts should not be utilized towards expenditure but should be credited into the Treasury at once. Money can be drawn from the Treasury as often as is required. (9) Cash book should be put up daily before the Superintendent who shall initial it in token of his having examined it. (10) No advance should be made to any one from the permanent advance sanctioned for the jail. (11) A formal receipt should be issued for the money received in the Jail in all cases except from the Treasury. (12) All receipts on account of diet money of civil prisoners should be credited into the Treasury at once. (13) No loans should be obtained from any person or other heads of account. No. 19. Deputy Superintendent's cash ledger - (1) The following accounts should be kept separate in this register, a portion of the book being set apart for each :- (a) Maintenance accounts : (1) Supplies and services. (2) Contract contingencies. (3) Other contingencies. (b) Prisoner's cash property. (c) Prisoner's fines paid at the jail. (d) Pay and Travelling Allowance. (e) Civil Prisoner's diet money. (f) Miscellaneous, i.e. search money, sale of unserviceable articles. The entries under these heads should be taken daily from the general cash book (Register No. 18). (2) (a) Maintenance of accounts. - All money transactions, receipts and disbursements, relating to these heads shall be entered in detail and the balance struck daily. A detail of the balance in hand shall be prepared once a month as required by clause (7) of the instructions under Register No. 18. (b) Prisoner's cash property - All money, the property of a prisoner, should be entered on the left hand page, and all amounts paid to a prisoner at the time of release or credited to Government as his fine, etc., should be entered on the right hand page. The balance in hand should be struck at the end of every month. If the receipts during the month exceed the expenditure, the difference should be deposited in the Treasury on the last day of the month. If the expenditure is in excess of the receipts, the difference should be withdrawn from the Treasury. Balance of prisoner's property account in the Treasury should be tallied with that in the Jail books, quarterly. At the end of the month a memo, should however be sent to the treasury showing the departmental receipts and expenditure so utilised to enable it to pass the gross transactions through the public account. In this connection attention is invited to paragraph 7(2) of the Punjab Treasury Rules. (c) Prisoner's fines paid. - Money received on account of fines, should be shown on the receipt side and when paid into the Court on the disbursement side : the number and date of the receipt having been noted in the register, the receipt should be filed in the office. (d) , (e) and (f) require no explanation. (3) The balance shown in Register No. 18 at the end of the day and the total of the balances under the several heads except at (e) which is also included in (a) in the register should correspond with the cash balance in the hands of the Deputy Superintendent. (4) All receipts in support of payments made should be presented to the Superintendent who shall satisfy himself that the receipts are in order, the payments correctly entered and the accounts properly balanced. No. 21. Diary of termination of Jail punishments - On the day a punishment, which will continue for a specified period, is given effect to the date of the expiry of such punishment shall be calculated and the particulars as shown by the hearings shall be entered in the diary under that date. The register shall be examined daily by the Deputy Superintendent who shall be held responsible that no prisoner is punished for a longer time than that ordered. No. 22. Alphabetical Register of convicted Prisoners. Part of – the register should be allotted to Muhammadans, another to Hindus and other Indians and a third part to Europeans (if prisoners of this class are detained in the jail), the proportion of the book to be allotted to each, being adjusted as nearly as possible to the relative numbers of these classes admitted. In large Jails a separate book may be allotted to each class, if necessary. The names should be classified alphabetically, the number of pages set apart for each letter being fixed according to the number of names likely to begin with that letter. When names beginning with the same letter are numerous, the pages set apart for them may be sub-divided in the manner followed in dictionaries. Letters under which names are not likely to occur should be omitted. If the pages set apart for any letter become filled up, new pages may be opened further on in the same book for the names beginning with this letter, or in a new book, but at the end of the last completed page a reference should be made to the page on which the names are continued. The index should be arranged, if possible, to last from 5 to 10 years. The initial letter of European surnames should determine their position in the index, and appellations such as Sheikh, Syad, Fakir and the like, should follow the proper names and not affect their position. The names need not be arranged alphabetically according to the latters succeeding the initial letter, nor need a new entry be made in the case of a prisoner whose name is already in the index; it will be sufficient in such cases to enter against the old entry the date of the prisoner's re-admission with his new register number. The index should be posted up as prisoners are received. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ No. 25. General Abstract of Prisoners - This register shows the number and class of prisoners in the jail each day. The number "remaining yesterday" (column 2) should correspond with the number shown as remaining on the previous day. The entries for each day should be made on the morning of the day following. No. 26. Labour register - (1) Prisoners should be shown as exempt from labour on the days they are admitted and released respectively. (2) When making up averages, Sundays, and other days on which prisoners are exempt from labour should be excluded and these days left blank. (3) Non-labouring convicts who work voluntarily should be included with convicts sentenced to labour in the details of distribution of work, and a note of the number so included with the nature of the work done, made at the bottom of the page, to explain the difference between the total of the distribution list and the number of prisoners sentenced to labour. (4) In the column under "K" only those convict officers shall be included who are employed on the manufacture of articles for other than the Jail Department. (5) Members of the convalescent gang employed on light labour should be shown as employed under the columns allotted to the particular work on which they are engaged, and not included in the column unemployed, sub-column "invalid gang', which is intended for convalescents who are not required to work. (6) Monthly and Annual Statements No. XI are to be prepared from this register. Nos. 27 and 28. Registers of letters received and despatched - (a) All letters received shall be entered in a single consecutive series in Register No. 27, and all letters despatched shall, in like manner be entered in consecutive series Register No. 28. The series shall be conterminous with the calendar year. (b) An account of the service stamps purchased and expended shall be kept in the column of remarks. The balance must be struck daily. (c) When a letter has been filed after information the fact should be noted in column of Register No. 27. (d) All correspondence shall be arranged in the correspondence almirah (each year's separately) according to the subject. The classification of subjects shall ordinarily be as follows, but may be modified by the Superintendent to suit the requirements of his office. A table showing the classification adopted should be pasted on the inside of the front cover of Register No. 27:- (1) Accidents, assaults, or outbreaks. (2) Accoutrements, arms, uniform, ammunition and indents therefor, alarm parades and military training. (3) Admission and release of prisoners, including correspondence relating to warrants, fines, remission of sentence and the release of prisoners on account of sickness. (4) Annual reports and returns. (5) Appeals. (6) Bills and accounts, general maintenance and manufactory, including budget. (7) Civil prisoners. (8) Classification, separation of classes including correspondence about habituals and previous convictions. (9) Convict officers, clerks and servants. (10) Discipline, offences and punishments of convicts, rules and orders. (11) Epidemics and outbreaks of infectious disease, camping out. (12) Escape and recaptures, guarding, watch and ward. (13) Establishment, appointment, offences and punishment of jail officers, security bonds, leave and transfer of officers, pay and travelling allowance. (14) Executions and correspondence connected therewith. (15) Garden and dairy. (16) General registers and returns. (17) Indents for clothing, bedding, stationery, forms and other supplies. (18) Labour and employment of prisoners. (19) Lunatics (criminal and non-criminal). (20) Prisoners property and petitions. (21) Public works, original works, additions, alterations and repairs. (22) Sickness and mortality and matters connected with sanitation, conservancy, or medical administration. (23) Storage of grain and the purchase of supplies. (24) Transfers and transportation prisoners, including overcrowding, escort railway passes. (25) Visitors' remarks and inspection. (26) Miscellaneous. (e) The letters on each subject shall be placed between protecting paper covers or file boards, and held in position with a tag or lace and arranged in order of date. These files shall then be grouped to gether to form collective files according to the classification adopted, and in each collection the separate files of correspondence shall be serially numbered and the year and subject-matter of the contents superscribed on each. Both the file and the number of the bundle shall be shown in column No. 7 of Register No. 27 and column No. 5 of Register No. 28 respectively against entries made therein. When not in use, the bundles of files be arranged in serial order on a shelf in the correspondence almirah. (f) No file shall except when in use, be kept at any place outside the almirah. When more than one officers has access to the file almirah each file shall, when being taken from its place, be substituted by a slip of paper with the signature of the officer who removes it, who shall be held responsible for its safety till it is again restored to its place. (g) The Superintendent of the jail will himself open all letters and thereafter pass them on with any instructions he may wish to give, to the Assistant Superintendent, for entry in the Receipt Register and disposal. No. 29. Warder's Service Register - No further instructions are required beyond those given in paragraph 276. No. 29(a) . Warder's Clothing Register - This register shall be maintained at all jails. The Superintendent shall be responsible for the receipt and issue of articles and for an accurate account of the same being kept in the register. Each article before issue shall be marked according to the orders in paragraph 360 of the Jail Manual. No. 30. Watchman's Control Register - (1) The chart should be pasted in the place provided for it, against the date to which it relates. (2) The patrolling officers' names with the hours of duty should be recorded in the space beneath the chart. (3) When the control watch is for any reason not in use, or has stopped during the night, a note to that effect should be made in the register. (4) The register should be placed before the Superintendent once a week to be inspected and initialled by him. Note - The charts of Dent's tale clock and Han's Control Watch should be posted in a blank register and the above instructions complied with. No. 33. Daily Register of Patients dieted in Hospitals - (1) This register is a record of diet issued to sick prisoners charged for in voucher No. IV of the Jail contingent bill. (2) The term "special diet" means diet which is issued in lieu of ordinary diet, and the term "extra diet" means the diet issued in addition to ordinary diet. No. 34. Daily Register of Convalescents dieted - (1) For the distinction between extra and special diet see instructions against Register No. 33. (2) The ordinary diet of convalescents, such as wheat, dal, salt. &c., should not be shown in this register, but included in the ordinary diet of prisoners. Nos. 35 and 35-A. Register of Charges for Supplies and Services and Contingencies - (1) When the permanent advance is running short and money is required from the Treasury, the entries in this register should be totalled and the total shown in red ink. If money is required in excess of the permanent advance for making purchases, the amount so required shall be entered in this register and included in the Abstract Bill. (2) Money may be drawn from the Treasury on Abstract Bills as often as may be necessary, but such drawings should usually be limited to three or four in a month; and drawings made between the 26th and the last day of the month should be utilized solely in paying for purchases actually made between the 26th of the previous month and the 25th of the month to which the bill relates. (3) Save as above provided, no money should be drawn from the Treasury between the 26th and the last day of the month; payment for purchases made between those dates should be made from the permanent advance and accounted for in the succeeding month's bill. (4) Strict compliance with the preceding clauses is necessary, with the object of obtaining agreement between the monthly accounts of jails as kept in the offices of the Accountant-General and Inspector-General. (5) In the first abstract bill presented after the 1st of the month, should be included the amount paid from the permanent advance between the 26th and the end of the previous month. (6) When funds are needed, the Deputy Superintendent shall note in his journal the amount he requires under each head of expenditure. This entry he shall present to the Superintendent, who, after satisfying himself that the sums included in it properly represent requirements, shall sign or initial it. (7) Such entry in the Deputy Superintendent's journal duly signed or initialled by the Superintendent, will be authority for the Assistant Superintendent, entrusted with the duty, to prepare an abstract contingent bill for the amount therein set forth, entering each sum under its appropriate head of expenditure and thereafter writing the total of the bill in words as well as in figures. He should see that the amount shown in the abstract corresponds with the total of this register. (8) The Deputy Superintendent having satisfied himself that the bill has been drawn according to the items entered in his journal, shall endorse it and present it before the Superintendent for that officer's signature. (9) The Superintendent after comparing the items with the entries in this register will sign the abstract and at the same time initial such entries. He shall then hand over the abstract bill to the Deputy Superintendent, who shall be held responsible for it. (10) It will be the duty of Deputy Superintendent to count the cash actually received from the Treasury, to compare it with the entries in this register, and to bring to the notice of the Superintendent, at once, any discrepancy he may discover. (11) No money shall be drawn from the Treasury until it is required for disbursement. (12) The abstract bill forms shall always be kept locked in an almirah, the key of which is to be in charge of the Deputy Superintendent. (13) For the further instructions see Articles 79 to 83 and Article 96, Vol. I Civil Account Code. (14) When the accounts for a month are closed, a memo, should be prepared in the register to show the total expenditure under each head of grant and the budget allotment available. No. 36. Daily Register of Purchase of Grain, etc :- (1) This register is intended to show the purchases and expenditure of articles which admit of being stored, and are issued in the dietary, etc., etc. (2) From the average rate of each article should be calculated the expenditure and rate given in monthly voucher Nos. II, III, IV and V. Averages should be worked out every month very carefully. (3) The closing balances should be correctly carried forward from month to month. (4) The amount charged under the head "Rations" in the detailed contingent bill should tally with the total cost of the purchases made during the month and shown in the register, minus the cost of articles purchased with the money drawn under heads other "Rations" in the current month to replace the stock or the equivalent value of the articles supplied from stock and the value of grains supplied from the jail garden. (5) The entries in the memo of grains printed voucher No. 1, should agree with the corresponding balances brought forward in this register on the 26th of each month. (6) The accounts should be closed on the 25th of each month : any purchases made from the 26th to the end of the month (inclusive) should be adjusted in the succeeding month's account. (7) Money to meet the cost of articles entered in this register purchased during the first 25 days of the month, should be drawn on abstract bill under the head "Ration" only, whether they are to be issued as prison diet, hospital diet, bazar medicines or miscellaneous. After 25th the value of the articles issued from the godown under every other head than "Rations" should be calculated, and money to the extent should be drawn; stock to the exact value being purchased and placed in the "Rations" godown or the exact value deducted from the total amount of purchases under head "Rations". (8) The closing and opening balances of quantities in this register should correspond with those in register No. 37. No. 37. Daily Godown and Mill Account - (1) This register is intended to show "the grain and other articles handed from day to day, in the issue Godown". Each article should have a folio set apart for it monthly, and the entries in column 2 on any day should correspond with the entries in column 6 of the previous day. (2) Garden produce, which admits of being stored, such as onions, patotoes, garlic, chillies, coriander, etc., should also be entered in the register. "Grains, etc., purchased and put in the Issued Godown should be entered in column 3 A-I, which the grains removed from pits from time to time and put in the godown should be shown". Column 3-B should show atta, dal, etc., free from bran and husk. (3) The total of columns 5-A.I. and 5-A.II should tally with the losses shown on page II of voucher No. II. The losses should be actual and not calculated. (4) Column 5-B should be filled in from the daily ration statement after making necessary additions and deductions on account of single meals. The monthly totals of this column should tally with the quantities of the various articles charged for in voucher Nos. II, III, IV and V and with the expenditure shown in Register No. 36 (Voucher No. V shows also the issues to bullocks, etc. as entered in column 5-A and 5-C of register.) Voucher Nos. III and IV should also tally with Hospital Register Nos. 33 and 34. A full and detailed account of kerosene oil and other articles purchased under "Contingencies" should be kept in register No. 52. No. 38. Daily Register of Prisoners dieted - (1) The entries opposite any date should be filled in the morning after such date. (2) The daily ration statement should be prepared from this register. (3) The figures for voucher No. 2 attached to the Jail contingent bill should be taken from this register. (4) The figures in column 2 shall tally with the total population of the day in Register No. 25. (5) The figures for voucher No. 4 should be taken from Register Nos. 33 and 34. No. 39. Clothing Godown Register - This register is primarily intended to show the balance of clothing etc., in the godown on any particular day. Clothing received from any source such as manufacturing jails, released prisoners, etc., is to be entered in the proper columns under new and old. Similarly, clothing issued to newly admitted prisoners etc., should be shown daily according to its condition, whether new or old. Balance should be struck off at the end of the month which represents the contents of the godown on the last day of the month. Balances at the end of several months will not agree with each other. With a view to compare the contents of the godown with the quantities of clothing in the indent the number of clothing with prisoners should be entered at the close of the month at bottom of the register and the total of the balance and of the number with prisoners should agree with the indent minus the clothing condemned. A separate register shall be maintained by the Sub-Assistant Surgeon of Hospital clothing. No. 40. Dairy and Cattle Registers A, B, C and D - A. In the column of remarks, the number and date of the abstract bill by which funds were drawn to pay for a purchase, or in the case of sale, the date of entry in the cash book of the receipt of the sale-proceeds, shall be shown. The number of draught bullocks should likewise be stated. A full description of the cattle with marks of identification should be entered in this register. B. Needs no explanation or comment. C. Bhusa, gram, salt, etc. purchased for cattle should be entered here. The issue to cattle of the by-products of articles purchased for prisoners, such as bran, oil-cake, etc., should be recorded separately in red ink. D. Needs no explanation or comment. Pay List and Acquittance Roll - (1) Every non-gazetted officer receiving more than twenty rupees a month, who does not draw his pay in a separate pay bill, shall give a receipt stamp to be affixed in the column "acquittance" in pay bill form No. C.A.C. 10 against his name and sign across the stamp in token of acknowledgement of the money. The names of all officers attached to the jail shall be given whether they are on leave or not, but receipts shall not be taken from those who have drawn their pay on separate bills. (2) The amount of pay drawn for those present shall be entered, and opposite the names of those who are on leave whole pay is not drawn, the leave granted and the date from which it began shall be noted for guidance when drawing up supplementary pay-bills. (3) Before the pay of any officer who has not deposited his security in full or who is liable to fines or stoppages of any description, is disbursed, the necessary deduction shall be made from his salary and the balance paid over to him. (4) All deductions made on account of security and the total amount deposited to date, including interest, in the Post Office Savings Bank shall be recorded in a column. The number of Savings Bank account should be quoted in the column of remarks. (5) Receipt for Travelling Allowance shall be taken in the bill. No. 43. Ammunition Register - Needs no explanation or comment. No. 44. Manufactory Cash Book - (1) All moneys relating to the Manufactory and Manufactory establishments, shall be entered in this register on the left if received and on the right if disbursed. Instructions appertaining to Register No. 18 apply to this register also. Column 2 - Full information as to whether amount received is drawn on an abstract bill or is the sale proceeds of articles sold, or recoveries made to meet the retrenchments from the Manufactory bill should be given in this column. Amounts received in advance shall be entered in red ink or underlined with red ink and distinctly marked as "advance for an article". Column 6 - Number of the receipt issued for the money received from any person shall be entered in this column. In case money is drawn on abstract bill, number and date of Deputy Superintendent's report in his journal applying for the sanction of the Superintendent to draw the money from the Treasury shall be noted. A receipt shall be issued for each and every amount received by the jail on the sale of an article or on a recovery wants it or not. Column 9 - In this column should be stated whether payments made are for purchase of material, tools, etc., or sale-proceeds paid into the Treasury. Column 13 - Monthly No. of the payee's receipts obtained for the items paid or number of the vouchers under which the money is credited into the Treasury shall be entered in this column. (2) The balances in this register should be worked out daily and details in red ink given at the close of each day's transaction thus - Payable into Treasury Rs. Available for expenditure Rs. (3) Sale-proceeds of goods shall be deposited into the treasury as frequently as possible and shall not be utilized for any other purpose. (4) The balance of cash in hand shall be compared with the balance shown in the Cash Book and if found correct, the Deputy Superintendent shall initial the latter and present it to the Superintendent daily for examination who will also initial it in token of his having done so. No. 45. Register of Manufactory Contingencies - (1) Instructions prescribed for keeping Register No. 35, fully and wholly apply to this register also. (2) On closing the cash accounts for a month, a memo shall be prepared to show the progressive total of expenditure up to date. (3) From this total all supplies made to the maintenance of own and other jails shall be deducted and those received from departments other than jails added. (4) At the same time another memo shall be prepared to show the details of expenditure under different heads of manufacture carried out in the jails and the progressive total of cash profits. No. 46. Register of Receipt and Issue of Raw Materials - (1) All articles of every description for the Manufactory Department whether paid for or not, should as soon as received be entered on the receipt side of this register. (2) All articles issued from stock should be entered at the time the issue is made. (3) The entries on the issue side shall also include the loss of stock by accident or theft. (4) The accounts for each month shall be closed with a double red ink line drawn across the page under the last entry for the month. (5) Articles supplied for the Jail maintenance department or to other Jail maintenance or manufactory departments shall be entered in red ink. (6) Charges, - such as Railway freight, cartage and coolie hire, should not be entered in this register. No. 47. Stock Register of Raw Material - (1) Each article should be given a folio page. The entries shall be taken from Register Nos. 45 and 46 and arranged under their appropriate heads. Column of value on the receipts side should be filled in from Register No. 45 as and when available. (2) Incidental charges, such as Railway freight, coolie hire cartage, etc., should be entered under the article to which they appertain. (3) All charges should, as far as possible, be classified and entered under the article to they appertain. Charges for which classification is impossible should be entered under head "Miscellaneous". (4) Value of articles issued from stock may be entered once a month for the total quantity issued under each head if found convenient and possible. No. 47-A. Register showing Raw Materials of Manufacture - (1) A page or more of the register should be set apart for each article issued from stock for the manufacture of goods. As soon as the article is received from the godown it should be entered in the column provided. (2) When articles are made and returned to store they should be noted in the appropriate column with actual weight. In the column for loss the actual and not the average should be and in no case should the former exceed that sanctioned for each manufactured goods. In articles made up from cotton yarn on which starch is used, an allowance for the latter is to be given and noted separately. (3) A daily balance is to be struck, and any correction attested by the Superintendent himself. (4) At the close of each month the total of raw materials received and manufactured goods stored, as well as of actual loss, should be given and the balances checked. (5) At the end of each month the Deputy Superintendent should certify that articles finished and stored correspond with Register Nos. 48 and 48(a) and the balance shown in this register agrees with the actual balance as in process of manufacture. (6) This register should be maintained independently by the Officers in charge of different factories, and not by the Store-Keeper in charge of the godowns of raw materials and manufactured goods. (7) The Superintendent should periodically, but not less than once in three months, personally satisfy himself that this register is correctly kept up, that the balances shown tally with the actual stock in process of manufacture, that the loss is actual and not according to the scale, and that it is not in excess of the scale laid down by rules. (8) All articles issued from the stores shall be entered in this register, no matter whether they remain in process of manufacture till next day or not. (9) All miscellaneous articles which are consumed in manufactures should also be entered in this register under their appropriate heads. (10) This register is very important and should be filled in and kept up very carefully. The Deputy Superintendent should check it frequently. No. 48. Stock Book of Manufactured Articles - (1) A few pages should be allotted to each article of manufacture according to requirements, all receipts shall be entered on the left hand page and all sales, whether cash or credit, as well as articles supplied to the maintenance or manufactory departments of any jail or consumed in the process of manufacture, on the right hand page. (2) If articles are sold, or supplied to Jail maintenance for more or less than the value originally put upon them, the necessary addition or deduction should be made in the amount shown as value on the receipt side and the excess or deficit shown in colomun "Difference from estimated value" on the expenditure side. In the event of articles being lost, or destroyed a note of the circumstances should be made in this register under the initials of the Superintendent. No. 48-A. Stores and Sale-Book of manufactured articles - (1) All articles of every description manufactured in Jail should as soon as received be entered under column "Receipts" of this register, and all sales whether cash or credit as well as articles supplied to the maintenance or manufactory departments of any jail or consumed in the process of manufacture, under column 'Disbursements'. (2) The accounts for each month shall be closed with a double red ink line drawn across the page under the last entry for the month and totals for the receipts and disbursements noted in red ink. (3) The entries shall be daily copied in Register No. 48 under their appropriate heads. (4) Measurements, if any, of the articles received into or issued on the godowns should be entered in columns 2 or 7 as the case may be. No. 49. Manufactory Order Book - (1) Orders should be entered in this register at the time of their receipt. (2) The Superintendent should examine it at intervals to satisfy himself that no delay occurs in the execution of orders, and that such orders are carried out as far as possible according to priority of receipts. (3) All orders including those which are complied with and settled immediately, must be entered in this register. No. 50. Index Bill-book - (1) A page or more of this register should be set apart for each customer who has dealings with the jail, and full particulars of all articles supplied to him on credit should be entered in this register on the left page. (2) As soon as payment is made, or money is received in advance for an order the amount should be credited in the right hand page, under "amount received". (3) Money received should be immediately entered in the cash book (No. 44) against the date it is received and a receipt on Form No. 93-A, given or sent to the person tendering the money. (4) Transfer adjustment should be similarly treated, the amount of each countersigned bill received being entered in the right hand page. (5) The debit and credit sides of this register should be totalled at the end of each month and the balance (if any) struck. The balance (if any) on the debit or credit side should be carried forward to the next - account as "To balance of last account" or "by balance of last account" as the case may be. (6) An alphabetical index to the register should be made on the first pages. (7) Bills for the account shall be sent once a month on or about the 20th of the month and separately for each head of charge, if intimated by the officer supplied. No. 51. Register showing outstanding balance - (1) As soon as a bill is sent to an officer for the article supplied it shall be entered in this register in serial number which number shall be quoted as the number of the bill. (2) If the bill is paid during the month, the fact shall be noted in the column of remarks or the entry crossed out in the red ink. (3) Bills remaining outstanding at the end of the month shall be carried forward. (4) A total of the outstandings shall be made at the end of the month. No. 52. Stock Register of Miscellaneous Material - (1) All articles and material purchased under contingencies, etc., which admit of being stored and are not accounted for in any other register should be entered in this register. (2) Each item such as kerosene oil, sajji, soap, bricks, lime, bhusa, for repairs, etc. should be given a separate folio monthly. The entries in the receipt side should correspond with those in register Nos. 35 and 35-A. (3) Full particulars of the purpose for which any material is issued should be shown in the appropriate column, for example white-washing or plastering barrack No. (1), 3,000 square feet, building a wall 32 cubic feet, soap nut and oil for 50 prisoners, etc. No. 53. Receipts side - (a) All cash receipts will be entered in column 5, if it is a receipt from a debtor on account of seal previously made to him the amount will be extended into column 6; but if it is of a general nature it will be extended into column 7. Sufficient details should be entered in column 3 to make reference to the vouchers unnecessary. Cash sales after being entered in column 5 will be extended into column 7. The words "cash sales" in column 3 will suffice, for since the person or persons have made a prompt payment their names are of no value. Daily cash sales should be anyalysed in the last cash memo for the day according to the different departments to which they relate. These amounts will be posted in this book separately and the folio references given there for posting to the different sales accounts in the general ledger. The accounts of those Government departments which will not make payments in cash will have to be adjusted in the treasury column of this book after receipt of accepted invoices from the parties concerned at the end of the month. Detailed posting into ledgers will be made of all items appearing in columns 6 and 7. The two ledgers affected are the Sold and the General ledgers, each entry appearing in column 6 will be posted to the credit of each individual account concerned in the Sold ledger, and in the same way each entry in column 7 will be posted to the impersonal account it relates to in the General ledger, the folio of the ledger to which the posting has been made being noted, in column 4. When money is deposited into the Treasury, entries will be made of the amount so deposited in columns 13 and 8, that is obvious for it simply means that the jail has paid the money and the Treasury has received it. When money is drawn from the Treasury for purposes of cash disbursements, the amount will be entered in columns 5 and 16 and disbursements out of this amount will be booked as explained below. (b) Payments - Disbursements of cash should be entered in column 13 and extended into column 14 or 15, in the former column if it is in settlement of a debit due by the jail on account of purchases and in the latter if it is of a general nature, e.g. wages, salaries, travelling allowance, etc. In the case of payments to Government departments entries will be made in the Treasury column of this book at the end of each month showing the adjustments with the parties concerned. The Accountant-General should be requested to intimate the adjustment made by him for the past month at the beginning of every month. It will be realised that particulars of the entries in column 14 will be the names of persons or firms while those of column 15 will be descriptions of impersonal accounts. Payment by cheque will be entered in column 16 and extended upto 14 or 15, as the case may be, the cash columns not being affected in any way. Each entry in column 14 will be posted to the debit of the individual account concerned in the Bought ledger, and each entry in columns 15 to the debit of the impersonal account concerned in the General ledger. These, postings should not be allowed to fall in arrears, and must be made at the close of the day in which they were incurred or received. (c) Monthly postings. - This Cash Book should be totalled and balanced monthly. Columns 5 and 13 only should be totalled and balanced daily. The total of column 5 should agree with the total of column 13, if a balance shows up which could only rise by column 5 being in the amount than column 13, it will represent the balance of sale proceeds in hand not yet deposited in Treasury as distinct from the amount of the imprest in hand. There will always be a difference between columns 8 and 16, which will represent the excess or otherwise of the deposits into over the drawings from Treasury. These balances should be brought down and will form the commencing entry of the next month. The total of columns 7 and 15 will be struck and ruled off, no balance being brought down. The total of column 6 will be posted in lump to the credit of an account in the General ledger called the "Sold Ledger Control Account". The total of column 14 being posted in lump to the debit the "Bought Ledger Control Account" in the General ledger. The idea of these Control Accounts is to enable an arithmetical control to be applied over the Bought and Sold ledgers, the principle being "the total must equal the sum of details". The postings from the Cash-book are only a portion of whole, the remaining postings being made from the day books and journal. (d) Imprest Register. - If the cashier of the manufacturing department of a Jail is allowed an imprest out of which to make petty payments he should maintain an Imprest Register and not confuse the postings in the Cash-Book by including therein his petty cash disbursements. The form recommended is the Contingent register in use in all Government offices as, being multi-columned, it allows of a considerable classification of these payments. Recoupments of the imprest will be shown in the Cash-Book if it is made by cash by an entry in column 13 extended to column 15 and described in the Particulars column 11 as "Imprest" it will be posted in General ledger to the debit of the imprest account, if the recoupment is made by drawing on the Treasury by means of a cheque the entries will appear in columns 16 and 15 of the Cash-book, the posting in the General ledger being similar to the procedure for cash recoupments. The imprest register should be totalled and balanced monthly, the cash in hand being counted. The total of the various analysis columns should then be posted to the debit of their respective accounts in the General ledger, and the total expenditure columns being posted to the credit of imprest account in the General ledger care being taken to see that the ending balance is not included in this posting. The receipts side of the imprest register will not be posted, as this will have been done already through the Cash-Book when the recoupment was made. No. 54. The Sold Ledger - (1) Labels gummed of the cover and the back of the ledger will indicate which of the three ledgers each i.e. Foilo references should be noted. Accounts will be opened only for those customers who are allowed the benefit of credit transactions, and also for Government departments to whom supplies have been made. (2) The Bought Ledgers. - This ledger will contain accounts only of those firms, etc. who have allowed the jail credit. Articles as received should be brought on the books without waiting for the priced invoices. The approximate price should be culled from previous supply. The difference, if any, should be adjusted on the receipt of the priced invoice. Purchases for which cash payments are made will be entered at the time in the Cash Book and posted direct to the General ledger. (3) The General Ledger - It will contain account of an impersonal nature. It will also contain two control accounts, viz. Sold Ledger Control and the Bought Ledger Control Accounts. The procedure as regards the stores and finished stocks, control accounts is explained in the note on store accounting. The posting into these ledgers from the Cash-Book and Imprest Register has been explained. The following accounts should be opened in the General Ledger. This list is not exhaustive and the opening of further accounts may be necessary :- Government Capital Account. Buildings Workshop. Office. - Plant and Machinery. Furniture and Fixtures. Stock of finished goods control account. Stores control account (raw material). Sold ledger control account. Bought ledger control account. Imprest account. Depreciation reserve for buildings. Depreciation reserve for Plant and Machinery. Depreciation reserve for Furniture and Fixture. Profit and Loss account. Purchases. Sales. Carriage in on purchases. Carriage out on sales. Works in Progress account. Workshop wages account. Supervision of factory (Salaries of foreman, etc. engaged in supervising working the workshop). Power. Repairs to machine. Repairs miscellaneous. Sundry factory expenses. Salaries of establishment, office. Travelling allowances. Lighting. Stationery. Postage, Telegrams and Telephones. Miscellaneous expenses. Audit charges. Leave and pensionary charges. Interest on capital. Loose tools. Maintenance Department of the jail. Stock of raw materials. Stock of finished goods. (4) The balancing of these ledgers should be done monthly and in case of the sold ledger, it is necessary because of the details necessary for posting the register of outstanding jail form 51. These three ledgers will be posted as already explained from the Cash-Book. No. 55. Sales Day book - The sold ledger will be posted from the Sales Day Book. This day book will record only sales on credit, and will be compiled from bills, the persons, or departments to whom the goods were sold be noted in column 3 and the gatekeeper's pass numbers being entered in column 4. The total of the bill in column 6 and the analysis agreeing with the total in column at the end of the each day every entry in column 6 will be posted to the debit of the individual accounts in the sold ledger. Sales should be analysed under different heads in each Jail according to what is made or manufactured there e.g. furniture, textile products, iron, mongery oil, soap products etc. The register will be totalled monthly and the following postings made in the General ledger :- Total of column 6 to the Debit of Sold Ledger Control Account. Total of columns 7 to 13 to the Credit of their respective Accounts. No. 56. Purchase Day Book - The Bought ledger will be posted from the Purchase Day Book. Only credit purchases will be entered in this book, and a distinction made between those purchases of manufacturing materials and those of a capital nature, this being effected by segregating them in the analyses columns. Each item in column 5 will be posted to the credit of account concerned in the Bought ledger; at the end of each month this day book will be totalled and the General ledger posting made as follows :- Total of column 5 to the Credit of the Bought Ledger Control Accounts. Total of column 6 of the Debit of Purchase Account. In addition each item in column will be posted to the debit of its respective account in the General ledger. A few pages at the end of this book, should be reserved to record purchases returned to suppliers. The posting into the Bought and General ledgers being the exact opposite of those suggested above. No. 57. Journal - The postings in the General ledger will thus have been all made except for certain adjustments, viz., the settlement of accounts with other Government departments, certain closing and opening entries, and any other transactions which have not been entered in any of the day books or Cash-Book. To collect this information a journal will have to be maintained, the individual entries being posted to their respective accounts in the proper ledgers, the pages of which should be noted in column 4. This book should be totalled monthly and the totals of columns 7 to 10 only should be posted into the General ledger as follows :- Total of column 7 to the Debit of Bought Ledger Control Accounts. Total of column 8 to the Credit of the Bought Ledger Control Account. Total of column 9 to the Debit of the Sold Ledger Control Account. Total of column 10 to the Credit of the Sold Ledger Control Account. No. 58. Block Register - In order to enable us to ascertain the amount of Government capital laid out on the manufacturing side of each jail it will be necessary to prepare a list of the assets, valuations being made by responsible officers. The assets involved are - (a) Buildings, (b) Plant and Machinery, (c) Furniture and Fixture, and (d) Stocks of raw materials and finished goods. The last mentioned is separately booked and does not concern us here, whereas assets (a) , (b) and (c) do. As regards (a) a lump valuation will not suffice, each main building in the Workshop area should be enumerated and valued. In the same way each machine should be segregated. Furniture however need not be shown item by item, it will suffice if the classes of articles be enumerated separately viz., 40 chairs, 20 tables, etc. These three assets should be collected in a Block register. This Block register should be in three distinct sections in order to segregate the three classes of assets which are compiled in it. The form of ruling is self-explanatory, the register itself is only a memorandum book. It is essential that assets of class (b) and (c) be collected under locations, i.e., the machines in the furniture making department will appear together so that it will be possible to strike a total of the value of machines in the furniture shop and what is more important ascertain the depreciation to be charged to that shop. No. 59. Purchase Order Book - (1) These purchase orders should be complied in this book, columns 1 to 6 being written up at the time, and columns 7 to 11 being entered up from information when the goods and the invoice have been received. This order book should be placed before the Superintendent once a month, and he will observe whether orders have been strictly complied with as to quantity, quality and date of delivery, and from this information decide whether or not to continue dealings with firms, and remark accordingly in column 11. The system of calling for tenders, and selection by the Superintendent should be continued. The account office should particularly watch invoices, and see that the quantity billed for agrees with the quantity delivered. (2) Stock limits - The limits of stocks to be carried should be fixed, i.e., the minimum below which the stock of each kind of article should not fail and thus interrupt manufacture, and the maximum above which for financial reasons, it would not be expedient to pass. Stocks would then be held at a safe level within these limits. (3) Purchase orders - When stocks are reaching the minimum limit, the storekeeper should notify the accounts office, who will prepare a Purchase Order on form P.J.F. 179 and put it up to the Superintendent of the Jail for signature. This book will be bound with alternate detachable pages. The order will be duplicated, by means of carbon paper, the original being despatched to the supplier. It would be advisable that the Superintendent kept this book and only gave it to the Accountant as and when required. The Storekeeper should not be notified of the quantities ordered. He should, however, be informed that orders for replenishment have been placed. Nos. 60 and 60-A. - Register of daily Receipts and Issues - Separate registers shall be maintained for the daily receipts and the daily issues. These registers should be bound with alternate removable pages, duplicate being obtained on the detachable page by means of carbon paper. Each set of two pages, i.e., the fast and the removable, should be reserved for one day's entries. The Store-keeper filling in columns 1 to 4 of Register No. 60, the quality check being made by a responsible officer who should initial column 5 in token of having passed the item, the Store-keeper should then post his Bin Card and note its number on column 6, at the end of each day the removable page should be detached and submitted to the accounts office where columns 7 to 10 will be entered up and the posting made to the proper folio in the Store ledger. Register No. 60 should be kept up in the same manner. No. 61. Stores Ledger (Accounts Office) - (1) The source of the entries is the same as for the Bin Cards, and is indicated on the form. The remarks column should show the results of stock verifications and the date on which they were made. (2) Stock-taking - Stocks should be verified at least twice a year, once by the travelling stock-takers and once by a responsible official deputed by the Superintendent. The former should make two half-yearly visits and check one- half of the stocks held at his first visit and the other half at his second. At the latter visit he should select a few of the items he had already checked at the first, and re-check them. The official deputed by the Superintendent should carry out his verification piecemeal throughout the year, he should not notify the Store-keeper of the articles he intends checking at each visit. All articles must be checked by the end of the year. Here again the check of a class of articles two or even three times during the year has most salutary effect on the Store-keeper and the accounts clerk compiling the store records. These stock-takers should initial both sets of stores records and make a note of any difference discovered, at the same time notifying the Superintendent direct of these differences. The accounts office also shall compile a list of these differences which should be forwarded to the Superintendent, through the Deputy Superintendent in-charge of the jail. After comparison the Superintendent should pass orders, or, if necessary obtain orders to the write off of such losses. The accounts office should periodically satisfy itself that the balances appearing in their stores ledgers agree with those in the Bin Cards. At stock-taking the verifiers also will satisfy themselves on this point. (3) Bin Cards (P.J. Form 182). - Since most or all of the stores are stocked in bins or on racks it will be found far more convenient for the Store-keeper to use Bin Cards than Stores ledger. The stock of Bin Cards should be kept by the Accountant, who should be held responsible for their legitimate issue, which should be made only as each of the cards in use is completed and produced to the accounts office. The completed cards should not be destroyed but should be preserved for three years by the accounts office to whom they should be made over. Each card will have a hole punched at the top whereby it may be suspended from a nail over the bin or rack where the article it relates to is stocked. The Accountant shall keep a statistical register to show the number of cards he has received and the number he has issued and the balance in hand. This should be tested by the audit staff. Once the original issue is made all succeeding issues will be balanced by receipts back into the office of completed cards. In order that the storage place of articles of stock be recorded the rack spaces, or bins should be numbered and the number painted on, so that against "where stored" may be entered the name or description of the building and rack or bin. The final column should contain the results of stock verifications which should be noted by the verifier on number. The rest of the card calls for no remarks the lines against the particular date on which the verification was made. (4) Manufactured goods transferred to Stock Rooms - When a job has been completed the Foreman of the department concerned should make out a "manufactured goods to stock" note, the Foreman completing columns 1 to 4. This book will be bound so that triplication can be obtained. The two loose copies shall be despatched with the goods to the Store-keeper who after check and entry in his Bin Card, or if Bin Cards are inconvenient his stock ledger, which should be ruled similarly to his Bin Cards, retain one copy and return the other to the Foreman after intialling. These duplicates should at her close of the day be sent to the accounts office where columns 6 to 9 will be filled in, the Stock ledger entered up and a note made on the cost sheets concerned. (5) Issues of Manufactured goods from stock. - Issues of manufactured stocks shall not be made by the Store-keeper except on a properly authorised indent from the accounts office. This book shall be in triplicate the necessary copies being obtained by carbon paper. If the sale is for cash the word "Bearer" shall be entered above the columned space, if on credit the name and address of the customer shall be entered. After filling in columns 1 to 3, the two loose copies should be detached and sent to the Store-keeper who after issuing or dispatching the goods shall enter up his Stock ledger of Bin Card and initial one copy which he shall return to the accounts office where columns 4 and 5, and, if necessary, column 6 will be entered up and the necessary entries made in the Stock ledger, and the Bill prepared. (6) Summary of Stores Indents. - Since it is necessary to compile costs of manufacture, all issue of stores and raw materials must be summarised to jobs, this should be done daily by the accounts office from stores indents received from the various foremen of departments, the Indent column 2, from there the extension will be entered up according to the job number concerned as shown on the indent. The daily totals of columns 2 to 17 should be struck and a "monthly allocation of materials issued to jobs" compiled on another sheet of the same form, the date being entered in column 1 and the daily totals posted to columns 2 to 17. Where jails are large and manufacturing is heavy it may be necessary to use more than one sheet. (7) Stores Control Accounts. - The accounts office should compile a control account in the General ledger by some one other than the accounts clerk compiling the Stores ledger, this account should be posted daily, Posting should be made as follows :- (a) The value of the commencing balance of stores in hand should appear as a debit in this account. (b) The daily receipts should be debited - vide the total of column 9 of the "Register of Daily Receipts". (c) The issues, should be credited, - vide the total of column 2 of the "Daily allocation of material issued to jobs" sheet. (d) Adjustments also shall have to be debited or credited, e.g., the daily total of the value of surplus materials returned to store should be debited. (e) The value of deficiencies found at stock-taking should be credited to this account. (f) The value of surpluses found at stock-taking should be debited. This account for the sake of convenience should be balanced monthly, and compared with the schedule of balances extracted from the Stores ledger. A Finished Stock control account on the lines of the Stores control account should also be maintained. (8) Indents on the Store-keeper. - The Store-keeper should make no issues unless they are requisitioned for on properly authorised indents. The Foreman in charge of each manufacturing department of the jail will carry one of these indent books with him. These books should be bound in sets of three pages bearing the same page, number, the first page fast and the other two detachable. The books also should be numbered, and the book number should be printed over the page number thus 3/98. When materials are required for a department, the Foreman should make out the indent, obtaining triplication by means of carbon paper and note clearly the department and job for which it is required. He should detach the two loose copies and submit them to the Store- keeper who will make the necessary issue, obtain the drawer's thumb impression in token of having received the articles, and should himself initial both copies and he should note in the remarks column the balance remaining in stock of that article after the issue was made; one copy he should retain, and the other he should hand over to the drawer. He should make the necessary posting into his Bin Card and file the indent. The Foreman will get back one copy of the indent with the materials he has indented for, he should, at the end of each day, submit to the accounts office all these duplicate indents where they should be priced out and posted into the priced Store ledger, and the balance as appearing in the remarks column of each indent agreed with the balance appearing in the Store ledger. Thus, the accounts clerk will apply a daily check on the Store-keeper's records. (9) Issue rates. - The clerk in charge of Store ledger in the accounts office shall, after each entry of a purchase i.e., a receipt into store, calculate a fresh issue rate on the balance in hand on the evening of the previous day, both as regards quantity and value, plus the new purchase quantity and value. The new rate which will be arrived at by dividing the sum of the values by the sum of the quantities will be noted at once against that day in the rate column on the issue side of the Store ledger. These rates should be tested by the usual audit staff at their periodical audits. (10) Materials surplus to requirements. - Materials drawn for a job which are found at the end to be surplus to the requirements of that job must not be used on any other job. They should be returned to stores on a Return to Stores Note. The procedure as to the preparation and submission of this form follows that suggested for indents on the Store-keeper. The book be bound so as to supply triplication, two copies being sent to Store-keeper, who, after checking the quantity, etc and initialling both copies will return one to the Foreman. At the close of the day the Foreman will submit these duplicates to the accounts office. The rate and value columns will be filled in only in the accounts office, the rate being that ruling on the day the stores were returned. No. 62. Register showing the name of prisoners working in and out of the jail- (1) Serial numbers commencing from 1 should be entered in the column of the day concerned against the name of each prisoner forming the gang deputed for work. If for any reason any prisoner is unable to accompany the gang a cross mark should be entered in place of a serial number. (2) The names of prisoners subsequently added to the gang should be entered after the last name on the register and the sequence of the serial numbers should be maintained in order to facilitate the counting of the prisoners. (3) The gate-keeper should obtain the signature of the warder and the convict-officers in charge of the gang at the bottom of the column of the day concerned and should himself record clearly the number of prisoners forming the gang. No. 63. Garden Register - (1) Each plot in the garden should be allotted a distinct number which should be clearly exhibited on the spot by means of a small pillar or post. (2) The area of each plot should be shown in the register in acres. (3) The actual amount of produce from a plot either sent for storage to the godown or issued to prisoners should be shown in this register, such as grain, straw, fruit, vegetables, etc. The yield per acre should be worked out and entered in the register. (4) A note signed by the Superintendent should be entered in the register dwelling on any special feature of the crop whenever necessary. (5) The signature of the official in charge of the godown should be recorded against entry of all articles sent for storage to the godown. (6) When a plot is allowed to lie fallow the reason should be recorded in the register under the signature of the Superintendent. Nos. 64 and 65. Warders day and night duty registers - (1) Any alterations made in the duties of warders and convict-officers should be attested by the Deputy Superintendent. (2) Warders and convict-officers should affix their signatures or thumb impressions against their names just before they go on duty. (3) Names of temporary warders should also be shown in this register with the duty assigned to them. (4) Names of men on leave or on the sick list, etc., should be shown at the bottom. No. 67. Night Round Book - (1) This book should remain in the custody of the gate-keeper during the day and in the custody of the Sentry during the night. The gate-keeper should produce the book before the Superintendent on his arrival at the jail in the morning. (2) The official visiting the jail at night should record his observations in the book before leaving the jail. No. 68. Register showing particulars of prisoners in the convalescent gang - (1) The Medical Officer should attest entries in columns 4 and 7, that is, dates of admission to, and discharge from, the gang. No. 70. Register of out-patients attending the jail hospital - (1) The name of every prisoner or jail official attending the hospital or who is attended to by the medical subordinate in the cells, barracks, factory, etc., should be recorded in this register. (2) The fact that a prisoner attended the jail hospital as an out-patient should also be noted in his history-ticket. SECTION II Returns, Bills, Forms, & c. ### 1131. List of returns, &c. to be furnished. - The bills, returns, reports, &c., to be furnished by the Superintendent, are as follows :- (a) - Periodical \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Number of Form \| Description of bill, return, etc. \| To whom to be submitted \| Date on which due \| \| \| Weekly \| \| \| \| 116 \| List of unconvicted (other than Sessions) prisoners, detained in jail more than 30 days \| District Magistrate Every Monday \| Every Monday \| \| \| Monthly \| \| \| \| 1 2 3 3(a) 4 5 6 7 8 9 10 11 12 13 15 43 45 67 87 \| Jail detailed contingent bill Voucher No. 1.-Abstract statement of prisoners dieted Voucher No. II. - Detailed statement of the diet of prisoners Voucher No. II(a) - Detailed statement of the European prisoners Voucher No. III. - Detailed statement of Bazar Medicines and Hospital Equipment Voucher No. IV. - Statement of amount and cost of diet of sick and convalescent prisoners Voucher No. V - General list of charges other than those detailed in voucher Nos. III & IV List of payees receipts. (Jail maintenance) Statement of warrant credit notes Statement of prices current Expenditure Statement of Contract Contingencies General bill of jail supplies Manufactory detailed contingent bill List of payees' receipts (Manufactory) Statement of Provincial revenue and receipts Abstract of mortality Statement of prisoners in jail on the last day of the month General bill of articles supplied to public officers Warders' service sheet \| Inspector-General Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Inspector-General Inspector-General Ditto Accountant-General Superintendents, headquarders jails \| 8th of the succeeding month Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto 10th of the succeeding month 5th of the succeeding month Ditto 3rd of each month 10th of succeeding month<R> \| \| \| Quarterly \| \| \| \| 17 18 22 30 31 32 33 34 80 \| Retrun No. I. - Number and disposal of convicts Return No. II - Religion, age, etc., of convicts admitted Return No. VI. - Offences committed and punishments awarded Return No. XVII. - Mortality according to length of time passed in jail Return No. XVII. - Particulars of prisoners undertrial Return No. XIX. - Particulars of civil prisoners. Statement B - Condition of prisoners discharged Supplementary Statement B - Health of prisoners admitted and discharged Outstandings due to the jail manufactory \| Inspector-General Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto \| 15th of the month succedding the quarter Ditto Ditto Ditto Ditto Ditto Ditto Ditto 8th of the month succeeding the quarter \| \| \| Half Yearly \| \| \| \| 52 53 54 56 90 99 108 \| Inventory of stores Certificate of correctness of scales and weights Confidential report of establishment Estimate for miscellaneous articles Report on the conduct, health, etc. of State prisoners Report on criminal lunatics Statement showing the position of warders on the Promotion Board (furnished by Superintendents of Headquarter, Jail only) \| Inspector General Ditto Ditto Ditto Deputy Commissioner Inspector-General Superintendent of tributary jails \| 1st January and 1st July Ditto Ditto 1st May and 1st December 1st January and 1st July Ditto Ditto \| \| \| Yearly \| \| \| \| 16 19 20 21 27 55 57 68 73 124 130 131 136 147 I.A.F.Z. 2096 I.A.F.Z.2091 1C.A.C.3 and 4 Stereo A and T.320 B.M.I B.M.IW.F. 35 Stero A and T.328 \| Store account of factories Return No. III - Convicts admitted according to the nature and length of sentence Return No. IV. - Convicts previously convicted Return No. V. - Escapes and re-captures Return No. XIV. - Sickness and mortality amongst prisoners Report on the character and qualifications of the warder establishment Indent for prison clothing for succeeding year Statement of farming operations Indent for Registers and Forms Statement C.- Showing the working of the remission system Statement showing losses in storage of grains Statement showing the amounts credited to Government under heads of charges Statement No. XII-A. - Showing the results of the employment of convicts Tent statement Receipt and delivery vouchers for arms and ammunition Requisition for arms and ammunition Indent for stationery List of establishment standing on the 1st April Certificate of the possession of the full amount of permanent advance Budget Estimate (Expenditure) Jail and Factory Budget Estimate (Income) Annual Indent for Universal Forms Indent for Account and Treasury Forms \| Inspector-General Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Inspector-General Ordnance Officer Inspector-General Ditto Accountant- General Ditto Inspector-General Ditto \_\_\_ \| 20th January Ditto Ditto Ditto 10th January 1st October 20th January 1st August 20th January Ditto Ditto Ditto 15th April \_\_\_ 15th March 15th July 1st May 15th April 20th September 1st October 1st March 1st September \| (b) Miscellaneous \| \| \| \| --- \| --- \| \| Number of Forms \| Description of Form \| \| 14 \| Statement of prisoners released from Jail \| \| 49 \| Statement of the names and antecedents of the prisoners whipped. \| \| 58 \| List of prisoners for whose appointment to the position of Convict-Officer sanction is required \| \| 59 \| Abstract of bill for jail contingent charges. \| \| Stereo A. and T. 306 \| Abstract bill for contract contingent charges. \| \| Stereo A. and T. 309 \| Abstract bill audited contingencies. \| \| 60 \| Bed Head Ticket for Tuberculosis patients \| \| 61 \| Descriptive roll of prisoners \| \| 62 \| Abstract of bill for manufactory charges \| \| 63 \| Memo of prison property of prisoners on transfer \| \| 64 \| Descriptive roll of convicts on transfer to Port Blair \| \| Stereo A. and T. 65 \| Nominal roll with detailed account of crime \| \| 66 \| Manufactory sale bill \| \| 314 \| Bill for Service postage \| \| 71 \| Record of Black marks \| \| 72 \| Declaration of upper subordinate that he has or has no relative in the department \| \| 79 \| List of prisoners punished and for whose punishment confirmation is required \| \| 83 \| Statement of prisoners released on account of bodily infirmity \| \| 88 \| Cell ticket \| \| 91 \| History ticket for convicts sentenced to one year or less \| \| 91-A \| History-Ticket for convicts sentenced to over one year <R>(1st Leaf) <R>(2nd Leaf) <R>(Covers) <R>(Labels) \| \| 92 \| Under-trial prisoner's history ticket \| \| 93 \| Form of receipt \| \| 93(a) \| Form of receipt for money received \| \| 94 \| Chart of control watch \| \| 95 \| Statement of the raw provisions sanctioned and issued daily with the weight of the cooked food received therefrom \| \| 96 \| Statement of prisoners suffering from Tuberculosis \| \| 98 \| Form of security bond for jail officials \| \| 100 \| Challan of cash paid into Treasury \| \| 101 \| Copy of visitors remarks \| \| 102 \| Declaration to which a candidate for employment in the Jail \| \| \| Department is required to subscribe \| \| 104 \| Order of Superintendent for purchase of material, etc. \| \| 105 \| Gate-keeper's pass \| \| 106 \| Statement showing the work done by each prisoner. \| \| 107 \| Clothing sheet for warders. \| \| 145 \| Remission sheet \| \| 148 \| Report giving particulars of the escape or an attempt to escape \| \| 149 \| Report giving particulars of the recapture of a prisoner \| \| 152 \| Statement showing particulars of a prisoner to be conditionally released, Form F. \| \| 153 \| Measurement statement \| \| 154 \| Form for purposes of appealing \| \| 155 \| Form of reminder for copy of judgment and result of appeal \| \| 156 \| Report advising despatch of prisoners \| \| 157 \| Report acknowledging receipt of prisoners \| \| 158 \| Receipt acknowledging prisoners received from Police \| \| 159 \| Receipt for prisoners made over to the Police \| \| 160 \| Form A. - Requisition for Railway tickets (N.W., B.B. and C.I. Railways) \| \| 162 \| Form D.- Notice of intended journey by rail \| \| 163 \| Verification-roll of candidates for employment \| \| 164 \| Acknowledgement by a jail officer of having read or having had explained to him the purport of Section 54(1) , Act IX of 1894 in English or Urdu \| \| 165 \| Form of inventory to be prepared on change of Deputy Superintendents. \| \| 166 \| No-demand certificate \| \| 168 \| Certificate of release \| \| 170 \| List of prisoner's property to be attached to warrant \| \| 171 \| Civil prisoner's history ticket \| \| 174 \| Docket to Inspector-General asking sanction to extra warders \| \| 175 \| Form showing particulars of prisoners ordered to notify their residence after release \| \| 176 \| Statement of juvenile convicts admitted into the jail \| \| 178 \| Docket forwarding descriptive rolls of prisoners for transfer \| \| 179 \| Purchase Order (Book) \| \| 180 \| Stores Indent (Book) \| \| 181 \| Returned to Store Note (Book) \| \| 182 \| Bin Card \| \| 183 \| Manufactured Goods to Stock Note (Books) \| \| 184 \| Stock Indent (Books) \| \| 185 \| Daily allocation of materials issued to work orders. \| \| \| Note Book ordered in paragraph 164, Jail Manual, 1900. \| \| 186 \| Form of certificate to be given to the public executioner on his carrying out an execution \| \| 187 \| Daily task sheet \| \| 188 \| Application for leave (Non-Gazetted officers) - \| \| \| Do 12 years records \| \| \| Do 5 years records \| \| \| Do 3 years records \| \| \| Do 2 years records \| \| 189 \| Form of Tender \| \| 189(a) \| The schedule \| \| 189(b) \| Acceptance of Tender \| \| 189(c) \| Instructions to Tenderers \| \| 189(d) \| No-demand certificate for contractors \| \| 189(e) \| Notice calling for Tender \| \| 190 \| Descriptive Roll of dismissed warders \| \| 191 \| Job labour card \| \| 192 \| List of life prisoners who have passed 14 years in Jail and were not transferred for special reasons. \| \| 193 \| Caution slip \| \| 194 \| Docket form asking for papers of transportation prisoners. \| \| 195 \| Form of docket calling the members of committee for transportation prisoners \| \| 196 \| Form of docket to other Superintendents asking to despatch lifers. \| \| 197 \| Docket enquiring the number of transportation prisoners \| \| 198 \| Post card confirming the appointment of warders \| \| 198-A \| Post card stating that resignation has been accepted \| \| 199 \| Post card cancelling the order of the transfer of warders \| \| 200 \| Docket form about appointment of warders \| \| 201 \| Letter Form promoting and transferring a warder \| \| 202 \| Manufactory Order Form \| \| 203 \| Report of sick prisoners (Books) \| \| 204 \| Post card enquiring whether prisoners can be received \| \| 205 \| Post card asking guard to escort prisoners \| \| 206 \| Post card stating that prisoners can be received. \| \| 207 \| Invoice Book of articles despatched (Books) \| \| 208 \| Docket from to "D.C." sending fine of prisoners received at Jail \| \| 209 \| Parcha for guidance of Patrolling Officers \| \| 210 \| Parcha showing the names of night-watchmen on duty at night. \| \| 211 \| Verification Roll of Convict warders \| \| 212 \| Lables on private clothing \| \| 213 \| Objection List of Warrants \| \| 214 \| Post card Form acknowledging receipt of letter requesting supply of miscellaneous things. \| \| 215 \| Reminder for immediate payment of bills outstanding \| \| 216 \| Information that the articles are being made here \| \| 217 \| Information that the articles required are prepared here \| \| 218 \| Ledger Trial Balances (Books) \| \| 219 \| Daily report of counting prisoners \| \| 220 \| Medical History Sheet of Jail Officials \| \| 221 \| Slip regarding Government Property not to be removed \| \| 222 \| Notice to railway for despatch of parcels \| \| 223 \| Acceptance of terms for transfer of convicts as colonists to Andamans \| \| Stereo. A and T. 289 \| Last-pay certificate \| \| I.A.F.Z. 2098 \| Application for repair of arms \| \| 1(a) \| Emergent indent for Stationery \| ### 1132. List of Medical returns. - The returns, etc., to be submitted by the Medical Officer, are as follows :- (a) Periodical \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Number of Form \| Description of bill, return, etc. \| To whom to be submitted \| Date on which due \| \| \| Monthly \| \| \| 44 \| Monthly return of sick \| Inspector General \| 10th of succeeding month \| \| \| Half-Yearly X X X X Yearly \| \| \| M.S.D. 134, 135 \| Indent for medicines in quadruplicate \| Inspector-General of Prisons \| 1st May \| \| 109 \| Annual return of sick prisoners \| Ditto \| 20th January. \| (b) Miscellaneous \| \| \| \| --- \| --- \| \| Number of Form \| Description of Form \| \| 70 86 97 97 113 114 Stereo A. and T. 301 M.S.D. 136 \| Temperature Chart (to be attached to the monthly return of sick when death is attended with fever) Bed-head ticket. Medical history sheet of a criminal lunatic. (a) Certificate of Medical Officer. Certificate of fitness for transfer to a Mental Hospital. Daily cholera and other epidemic report Health certificate Supplementary indent for medicines (in quadruplicate) \| Note. - In this and the preceeding paragraph all forms which bear numbers only are jail forms. The others are adopted from various sources, the abbreviations being as follows :-U.F. - Universal FormA. and T. - Account and Treasury.M.S.D. - Medical Store DepartmentB.M. - Budget ManualC.A.C. - Civil Account Code. SECTION III Classification of Expenditure ### 1133. Classification of Expenditure. (1) The following classification of Jail expenditure has been prescribed by the Government of India (Resol. No. 10668-679 of 13.12.1894) :- showing items of Jail Expenditure classified according to the classification adopted in the revised Financial Statement No. IX. --------------------------------------------------------------------------------------------------------------------------------- \| \| \| \| \| --- \| --- \| --- \| \| Main heads adopted by the Financial Department \| Sub-heads required for administrative purposes \| Classification of items \| \| ESTABLISHMENT \| \| Calls for no remarks \| \| DIETARY CHARGES \| A - Rations B-Miscellaneous dietary charges C.- Garden or agricultural expenses D - Proportion of dairy expenses \| This sub-head should include cost of provisions and fuel. This sub-head should include ordinary recurring expenditure on such items as earthen pots and plates, leaves for plates, jars for pickle, sacks for grain, sifters, tawas, soup, grain baskets, tinning, cooking utensils, repairing grind-stone or any culinary utensils, or receptacles for provisions, diet for children in jail with their mothers, fish fry for stocking jail tanks, articles for fishing or expenses in getting fish from jail tanks, cartage of provisions to the jail, also the cost of metal pots and plates & wooden platters & paddy mills and dhenkis, - if these articles are not likely to last for three years, but if they are the cost should be included in column 13-B ("Dietary dead stock") This sub-head should include ordinary recurring expenditure on such items as seeds, manure, country ploughs, 'mots' and ropes for irrigation, garden baskets, or bamboos or cane for making them, tokas or sun-hats, nets for fruit trees, kudalis or "phaoras" (hoes) , and dous or knives not likely to last three years. The working expenses of the dairy should be divided between this head and "hospital charges" in the proportion in which the produce of the dairy is used for the general dieting of prisoners, or for the sick and infirm. Such items as fodder, straw, medicines, fuel, rope, bamboos, attendants (if not on the regular establishment) should be included here, but not expenditure for livestock, plant, or appliances likely to last for three years or upwards. \| \| HOSPITAL CHARGES \| A.- Sick diet and extras for patients B. - Cost of extra or Special diet, etc., for prisoners who are in weak health, but who are not in hospital C. - Medicines and hospital equipment D. - Proportion of dairy expense. \| The sub-head is for food and fuel only. No remarks. This sub-head will show the cost of medicines, whether purchased locally or supplied by the Medical Store Department, also of rum procured for the sick. Hospital equipment will include, such articles as hospital pillows, bedding and clothing, splints, hospital bed, pans and urinals (if not coming under the definition of extraordinary expenditure), expenses for repairing such articles, cloth for bandages, sajji matti or soap for hospital use, &c. See above, "Dieting Charges" (D) .- \| \| CLOTHING AND BEDDING OF PRISONERS \| \| Not only the cost of new clothing and bedding, but all charges for repairs (needles, thread, cloth, etc.), should be included under this head. The cost of new bedsteads (wood or iron) should be included under "Extraordinary expenditure" Miscellaneous, column 13(J) . \| \| SANITATION CHARGES \| A.-Conservancy, washing and purifying B. - Charges for water-supply. C. - Extraordinary charges \| Under this sub- head should be included all Municipal charges for special conservancy work done, expenditure for brooms, tar or pitch, privy and dry-earth, baskets or bamboos for making such baskets; rope for mehtars or jute for making it, kudalis or hoes for conservancy, soap or sajji matti for washing prisoners' clothes, shell lime for white-washing (if not treated as a Public Works charge), earthen pots and vessels for conservancy, repairing conservancy utensils, carts, etc., cartage of river mud for mud washing, disinfectants, sulphur for fumigation, and other conservancy items not coming under the definition of "Extraordinary expenditure." Water-tax or rate paid to a Municipality taxes will be an exception to the rule that Municipal taxes shall be included under the head of "Contingencies"; it should be included here (unless no service is rendered for it). Likewise such charges as ropes for drawing water for service of the jail; mashakhs, mots, and other appliances for this purpose; glasses for examination of water, and expenses in connection with water analysis, repairs of pumps, pipes, reservoir or tanks, water receptacles, carts or other appliances for distributing water, and renewal of parts, coal or firewood for boiling drinking water, "Extraordinary expenditure" being excluded. The sub-head should contain the cost of cholera camps and other measures taken in emergencies to preserve health. Cholera camp charges will include cost of temporary shelter, bamboos, string, mats, straw for bedding, carriage of water, materials for sick prisoners, and other charges strictly due to camping out the prisoners. The cost of extra guards will be included under this head, but not of those deputed from the ordinary establishment. \| \| CHARGES FOR MOVING PRISONERS \| A. - Transfer charges and road subsistence for convicts B. - Transportation charges \| This sub-head should include railway fares and carriage of transfers, and subsistence and other expenses for dieting prisoners in transit (except when transportation prisoners are despatched from the collecting jail or deportation), railway fare and carriage, when necessary, of released convicts, subsistence allowance or gratuities given to convicts on release if granted for subsistence on the journey home, but not if granted as rewards, clothes for released convicts, and transfer charges for lunatics sent to asylums. Only charges connected with the despatch of convicts from their provinces for deportation to Port Blair should be included in this column, not charges for maintenance, clothing, etc., whilst detained in the provinces awaiting deportation, or transfer charges, for removal to the collecting Central Jail of the province. Such items as railway fares and carriage, subsistence on the journey, cost of clothing, blankets, bedding, fetters, handcuffs and hand-rings sent away with the prisoners will come under this heading. \| \| MISCELLANEOUS SERVICES AND SUPPLIES \| A. - Lighting B. - Discriplinary charges C. - Uniforment and equipment of warders D. - Money payments as rewards for re-capture and services E. - Execution charges F. - Other miscellaneous services and supplies \| This head should include such items as gas-rates, provided the gas is used (this rate will also be an exception to the rule that Municipal rates shall be charged to contingencies, if the gas work are under a Municipality); kerosene or other lamp oil, wicks, renewal of lamp glasses, repairing gas pipes, lamps, etc., oil pumps. "Extraordinary charges" are to be excluded. This head should include such items as materials for repairing neck rings, ankle rings, wrist rings or fetters; iron for rivets; smithy coal, neck tickets, leather or canvas for gaiters; canes for flogging; bhela nut for marking clothes, etc., combs for females; shaving or hair cutting charges, repairing locks and keys, "Extraordinary charges" excluded. This head should include such items as uniform, shoes, great coats, umbrellas for warders, ammunition (when paid for); repairs to arms, accoutrements or uniforms; oil for arms, "Extraordinary charges" for new arms, accoutrements, arm racks, &c., are to be excluded. This head should include such items as rewards for recapturing prisoners; gratuities to prisoners for good conduct or extra work; allowances to convict warders; allowances to recovered lunatics; rewards for meritorious service. This head should include such items (if paid by the Jail Department) as the cost of temporary gibbets, execution ropes, cap, pay of executioner and doms, cremation or burial. Expenditure for permanent plant should be included under "Extraordinary charges" Miscellaneous, column 13(J) . This head should include such items as oil for unction for females, aged and infirm, coolie hire, carriage and freight, packing, umbrellas for convict overseers, books, pamphlets and slates for education, brass wire, wire netting (unless required for the garden), dyes camphor, "rough on rats", packing charges, paint and paint brushes, linseed oil, saws, enamel, solder, " gurgas", burial charges, pardahs for ward windows, mats for closing windows or for prisoners to sit upon, bamboos for making these, chalk, glue, fodder, straw or medicines for draught cattle, shoeing of bullocks. "Extraordinary charges" should be excluded.<R> \| \| TRAVELLING ALLOWANCES \| \| This sub-head should include travelling allowances of non-gazetted officers, no allowances paid to gazetted officers. \| \| CONTINGENCIES \| A.-Rents, rates and taxes B. - Service postage C. - Telegraph and Telephone charges D.- Current office expenses E. - Office furniture F. - Registers and stationery \| Water-rates and gas-rates are to be excluded; the former will be included in column 8(B) , and the latter in column 10(A). Water-rates and lighting and conservancy taxes may, however, be included under this head, if no service is rendered, and the payments are simply made as taxation, the water-supply, etc., being otherwise arranged for. To include cost of postage stamps and postage on unpaid covers. To include cost of telegrams and rent of telephone lines. To include country stationery, book-binding; gharry hire of officers (if allowed), dusters, matches, oil for punkha- wheels, cost of hanging and removing punkhas, punkha-rope, repairing and polishing furniture, and similar charges. To include cost of almirahs, racks, shelves, tables, desks, chairs, tools, mats, floor-matting, daris, or carpets, pardahs, iron safes, punkhas and punkha fringes, clocks gongs, letter scales and weights, water goblets, and glasses for officers, and the like, exception to the rule that "Extraordinary expenditure" is to be shown separately. To include Stationery Department charges and all printing charges. \| \| EXTRAORDINARY CHARGES FOR LIVE-STOCK, TOOLS AND PLANT \| A. - Conservancy and water-supply dead-stock B. - Dietary dead-stock C. - Hospital dead-stock D. - Garden and agricultural plant E. - Lighting dead stock F. - Disciplinary stock G. - Arms and accoutrements H. - Dairy live-stock and plant I.-Drought cattle J. - Other miscellaneous dead-stock not coming unde the above heads \| This sub-head should include such items as Donaldson's Ejectors, iron urine tubs, conservancy pans, etc., iron blanket boilers, \water pump, \pipes, \ or reservoirs, \water-carts, iron water tanks or drums, iron or brass taps, iron and wooden buckets, hot water apparatus (if of a lasting kind and for boiling drinking water). To include cooking ranges or "Donaldon's Chulas", grain carts, wheat mills, scales and weights for grain godowns for cooks, if of metal, iron or copper cooking utensils, ovens, if of iron or other lasting material;; iron or brass cups or plates, axes, and the like. To include cost of iron beds, covered iron pans, iron urinals or metal bed-pans, excreta desiccators, and similar lasting appliances. To include iron ploughs, fencing, pumps for irrigation wells (if not treated as a Public Works charge) or other lasting plant. Here should be shown the cost of laying down gas pipes or of new kerosene or other lamps of a substantial kind likely to last for three years, or upwards, iron oil tanks, and such like lasting plant. To include the cost of weighing machines or scales for weighing prisoners, measuring rods or instruments for anthropometry, iron for fetters and wrist rings, blacksmiths, implements for making fetters etc, (if likely to last three years), new locks, handcuffs, removable fetters, flogging triangles, hair-clippers, scissors or razors, (if lasting for three years and upwards), steel dyes and types for numbering neck tickets, and similar lasting stock. To include original cost of arms (if charged for), belts, badges, pouches and bayonet scabbards, batons, arm-racks, snap-caps, alarm rattles, etc. To include cost of cows, cream separators, iron or metal milk pails or receptacles, lactometers, metal or wooden churns, cow sheds (if they are not buildings erected by the Public Works Department) and other lasting plant. Maintenance charges to be included under "Dietary charges" (D) and "Hospital" (D) . To include the cost of bullocks, horses, ponies, and sheds for sheltering them (if not charged to be Public Works). Maintenance charges to be included under "Miscellaneous service" (F) . To include iron cots or beds (except when intended for the hospital), permanent gibbets, ladders and other stock which cannot be classified under above heads. \| \Note - Where these articles are supplied by Public Works Department Workshops, the Jail Department should be debited and the Public Works Department credited with their value. (Expenditure on buildings, however, is recorded in the accounts of the Public Works Department, and should be excluded from the accounts of the Jail Department). (2) The above classification is not exhaustive as it was not intended that it should be minute and elaborate beyond any useful measure, its object is to reduce to a minimum the chance of such an inaccuracy as would have a serious effect in reviewing and comparing the financial administration of different jails. (3) Excluding furniture, which is classed under the head "Contingencies," all outlay on dead or livestock which is likely to remain in use for three years or more, must be classified under "Extraordinary charges for live-stock, tools and plant." (4) The proceeds of Jail gardens and farms should as far as possible, be used for jail purposes, the sales to outsiders being restricted to small baskets of vegetables. The cash realized from these petty sales should be paid into the treasury as sale proceeds of ordinary Government property, not of Jail manufactures, and should be deducted at the end of the year in the annual administrative accounts from the gross expenditure for dieting prisoners, the net amount only being entered in Statement No. IX; similarly, the sale proceeds of old stores or of useless or obsolete appliances, not belonging to the manufacture department should be paid into the treasuries in the ordinary course and credited in the accounts to the heads of charge under which the property was originally purchased. (Paras 6 and 7 G. of I. letter No. 1. 1 Jail of 7-16/6-1-94). Section IV Preservation and Destruction of Records. ### 1134. Classification of records for purposes of preservatio. (1) All jail registers, returns and records of every description shall, for the purposes of preservation or destruction, be classified under the following heads :- (a) those to be preserved permanently, (b) those to be kept 12 years. (c) those to be kept 3 years, and (d) those to be kept 2 years. (2) Each of the four classes shall be kept separate, and on the back of each register or bundle, a piece of coloured paper showing the period for which it is to be preserved and the approximate date on which it is to be destroyed, should be pasted. ### 1135. Classification of letters and correspondenc. - The Superintendent shall exercise his discretion as to the classification of letters and correspondence for preservation, except - (a) letters relating to standing orders, (b) important public works and manufactures, (c) the acquisition and renting of land, (d) any permanent charges upon Government, and (e) escapes when the prisoner is not recaptured, all of which shall be permanently preserved. Correspondence relating to persons granted gratuities shall be destroyed after ten years. ### 1136. Records to be permanently preserve. - The following records shall be preserved permanently :- Reports Annual Administration Report of the Department. (b) Registers \| \| \| \| --- \| --- \| \| Name of Form \| Description of Form \| \| 2 \| Register of convicts admitted \| \| 4 \| Release Diary of convicts and civil prisoners \| \| 18 \| General Cash Book \| \| 19 \| Cash Ledger \| \| 22 \| Alphabetical Index of prisoners \| \| W.F. 93 \| Register of office furniture \| \| 27 \| Register of letters received \| \| 28 \| Register of letters despatched \| \| 29 \| Warder's service register \| \| 35 \| Register of charges for Supplies and Services \| \| 35-A \| Register of Contingent charges \| \| 41 \| Acquittance roll of establishment \| \| 42 \| Inventory of Miscellaneous property \| \| 44, 53 \| Manufactory Cash book \| \| 45 \| Register of Manufactory Contingent Charges \| \| 58 \| Block Register (200) \| (c) Bills, Forms etc. \| \| \| \| --- \| --- \| \| Name of Form \| Description of Form \| \| 54 \| Confidential report of establishment \| \| 55 \| Report on the character and qualifications of warder establishment \| \| 72 \| Declaration of relatives \| \| 98 \| Form of Security bond \| \| 102 \| Declaration to which a candidate for employment is required to subscribe \| \| 107 \| Warders clothing sheet \| \| 148 \| Report of escape of prisoners not re-captured \| \| 153 \| Measurement Statement \| \| 164 \| Acknowledgement by a jail officer of having read or having had explained to him the purport of Section 54(1) Act XI of 1894 \| \| 189(a) (b)(c)(d) & (e) \| Forms of Tender \| \| 190 \| Descriptive roll of dismissed warder \| \| A.G. 55 \| Application for Pension \| \| C.A.C. 3 & 4. \| List of Establishment standing on the 1st April. \| \| A.F. 85 \| Proposition Statement for revision of establishment \| (d) Correspondence (a) Reports and Returns See paragraph No. 1135. ### 1137. Records, etc., to be kept for 12 year. - The following records shall be preserved for 12 years and then destroyed :- Superintendent's Annual Reports and Returns Medical Officer's Annual Returns and Cholera Report Medical Officer's post-mortem and medico-legal reports. (b) Registers \| \| \| \| --- \| --- \| \| Name of Form \| Description of Form \| \| 1 \| Register of under trial prisoners \| \| 3 \| Register of civil prisoners \| \| 5 \| Register of punishments inflicted on prisoner \| \| 6 \| Register of remarks of visitors \| \| 9 \| Superintendent's journal \| \| 11 \| Factory Manager's journal, Deputy Superintendent's journal, European Warder's Report-Book \| \| 13 \| Hospital register \| \| 20-A. \| Warder's clothing register \| \| 36 \| Register of purchases of grain, fuel, etc. \| \| 37 \| Daily godown and mill account \| \| 40 \| Dairy and cattle register \| \| 46 \| Register of receipt and issue of raw materials \| \| 47 \| Stock Register of raw materials \| \| 47-A \| Register showing raw materials in process of manufacture. \| \| 48 \| Stock Register of manufactured articles \| \| 48-A \| Stores and Sale-book of manufactured articles \| \| 50 \| Indexed Bill-book \| \| 51 \| Register showing outstanding balance \| \| 52 \| Stock Register of materials for maintenance. \| \| 54 \| Ledger (Manufactory) \| \| 55 \| Sales Day Book \| \| 56 \| Purchase Day Book \| \| 57 \| Journal (Manufactory) \| \| 59 \| Purchase Order Book \| \| 60 \| Register of Daily Receipts \| \| 61 \| Stores Ledger \| \| 62 \| Register showing names of prisoners working in and out of jail \| \| 64 \| Monthly return of sick \| \| 97, 97-A \| Statement to be sent with a criminal lunatic on transfer to a Lunatic Asylum \| \| 109 \| Annual return of sick prisoners \| \| 113 \| Certificate of fitness for transfer to a Lunatic Asylum \| \| 152 \| Statement showing particulars of a prisoner to be conditionally released \| \| 163 \| Verification roll of candidates for employment \| \| 165 \| Form of inventory to be prepared on change of Deputy Superintendent \| \| 166 \| No-demand certificate \| \| 169 \| List of arms and accoutrements in stock. \| (d) Correspondence See paragraph No. 1135 ### 1138. Records, etc., to be kept 3 years. - The following records shall be preserved for 3 years and then destroyed :- (a) - Reports and Returns. (b) Registers \| \| \| \| --- \| --- \| \| Number of Form \| Description of Form \| \| 8 \| Medical Officers' journal \| \| 13-L \| Register of expenditure of medicines \| \| 38 \| Daily register of prisoners dieted \| \| 39 \| Clothing godown stock-book \| (c) - Bills Forms, etc. \| \| \| \| --- \| --- \| \| Number of Forms \| Description of Form \| \| 1 \| Jail detailed contingent bill \| \| 2 \| Voucher No. I.- Abstract statement of prisoners dieted \| \| 3 \| Voucher No. II. - Detailed statement of the diet of prisoners \| \| 3-A \| Voucher No. II-a - Detailed statement of the diet of European prisoners. \| \| 4 \| 5 Voucher No. III.-Detailed statement of bazar medicines and hospital equipment and No. IV - Statement of amount and cost of diet of sick and convalescent prisoners. \| \| 6 \| Voucher No. V. - General list of charges other than those detailed in voucher Nos. III and IV. \| \| 7 \| List of payees' receipts (Jail maintenance) \| \| 8 \| Statement of warrant credit notes \| \| 9 \| Statement of prices current \| \| 10 \| Statement showing detail of expenditure \| \| 11 \| General bill of Jail supplies \| \| 12 \| Manufactory detailed contingent bill \| \| 13 \| List of payees receipts (Manufactory) \| \| 15 \| Statement of Provincial revenue and receipts \| \| 16 \| Factory Stores Account \| \| 56 \| Estimate of miscellaneous articles \| \| 57 \| Indent for prison clothing \| \| 61 \| Descriptive roll of prisoners for transfer \| \| 63 \| Memo of property of prisoners on transfer \| \| 66 \| Manufactory sale bill \| \| 67 \| General bill of articles supplied to public offices \| \| 70 \| Temperature chart attached to return of sick \| \| 73 \| Indent for registers and forms \| \| 80 \| Outstandings due to the jail manufactory \| \| 86 \| Hospital bed-head ticket \| \| 93 \| Counterfoil of received \| \| 93-A \| Receipt for money received \| \| 100 \| Challan of cash paid into Treasury (A and B) \| \| 123 \| Statement A-Showing the nature and amount of accommodation \| \| 124 \| Statement C-showing the working of the remission-system \| \| 131 \| Statement showing the amounts credited to Government under heads of charges \| \| 136 \| Statement No. XII-A - Showing the result of employment of convicts \| \| 147 \| Tent statement \| \| 160 \| Form A - Requisition for railway tickets \| \| 174 \| Docket to Inspector-General asking sanction for extra guard \| \| 1 \| Indent for stationery \| \| 179 \| Purchase Order (Book) \| \| 180 \| Stores Indent (Book) \| \| 181 \| Returned to Store Note (Book) \| \| 182 \| Bin Card \| \| 183 \| Manufactured Goods to Stock Note (Books) \| \| 184 \| Stock Indent (Books) \| \| 185 \| Daily allocation of materials issued to work orders \| \| I.A.F.Z. 2096 \| Receipt and delivery vouchers for arms and ammunition. \| \| I.A.F.Z. 2091 \| Requisition for arms and ammunition \| \| Stereo A. and T. 320 \| Certificate of the possession of the full amount of permanent advance \| \| B.M.1 \| Budget Estimate (Expenditure jail and factory) \| \| B.M.1 \| Budget Estimate (income) \| \| M.S.D. 334-335 \| Indent for medicines \| \| M.S.D. 336 \| Supplementary indent for medicines. \| (d) Correspondence See paragraph No. 1135 English files relating to Civil prisoners shall be destroyed three years after the death of a prisoner, when there are no outstanding claims on the part of the heirs ### 1139. Records, etc., to be kept for 2 years. - The following records shall be preserved for 2 years and then destroyed :- Reports and Return Nil (b) - Registers Note-book ordered in paragraph 164. \| \| \| \| --- \| --- \| \| Number of Form \| Description of Form \| \| 7 \| Register of the names of visitors \| \| 14 \| Lock-up register \| \| 16 \| Register of persons passed in or out \| \| 16-A \| Register of prisoners passed in and out of the Jail \| \| 21 \| Diary of termination of jail punishments \| \| W.F. 96 \| Stock-book forms and registers \| \| 25 \| General abstract of prisoners \| \| 26 \| Labour distribution register \| \| 30 \| Watchman's control register \| \| 31 \| Register of target practice \| \| C.H. 13-L \| Register showing expenditure of medicines \| \| 33 \| Register of patients dieted \| \| 34 \| Register of convalescents dieted \| \| 43 \| Ammunition register \| \| 49 \| Manufactory Order-book \| \| 63 \| Garden register \| \| 64 \| Warder's day duty register \| \| 65 \| Warder's night duty register \| \| 67 \| Night Report Book \| \| 68 \| Register of convalescent prisoners \| \| 70 \| Register of out-door patients \| (C) - Bills, Forms, etc. All bills, Forms, etc. other than those detailed in sub-head (c) of paragraphs 1136, 1137 and 1138 (d) - Correspondence See paragraph No. 1135 \| \| \| \| --- \| --- \| \| Number of Form \| Description of Forms \| \| 145 \| Remission sheets shall be retained in the office of a jail for a period of one year after the release of a prisoner to whom they relate \| Note. - Applications received from the friends and relatives of prisoners for interviews, etc. are to be preserved in the jail office for one year and then destroyed. Chapter XLIII Superintendence and Management of Subsidiary Jails in The Punjab ----------------------------------------------------------------------------------- Note 1. - In addition to this chapter all the chapters in this Manual except Chapter II and Chapter IV, Sections V, VIII and IX are applicable to subsidiary jails. Note 2. - The allowance of firewood may be increased to 12 chattaks at any Subsidiary Jail on the special authority of the Inspector-General. ### 1140. Definitions. (1) A "subsidiary jail" means any place so declared by the Local Government, by general or special order and used permanently or temporarily under that authority for the detention of prisoners. It includes all lands and buildings appurtenant thereto; (2) the word "jail" or "prison" in any section or sub-section of the Prisoners Act, 1894, or in any rule or portion of a rule made thereunder, introduced into this Manual, includes a subsidiary jail; (3) the words "Medical Officer" or "officer in medical charge" appearing in any portion of this Manual, shall be taken as referring to the officer in medical charge of the District or sub-division in which the subsidiary jail is situated. Note - The officer in medical charge of the district or sub-division, as the case may be, shall be in supervisory medical charge of the subsidiary jail. The detailed work shall be carried out by the medical subordinate of the subsidiary jail. (4) "affiliated jail" means the district or central jail to which the subsidiary jail is subordinated for purposes of administration or otherwise. ### 1141. Detention of prisoners and jail to which to be transferred. (1) All classes of prisoners may, under certain circumstances, be detained in a subsidiary jail. (2) No convicted prisoner, whether his appeal (if any) has been disposed of or not, shall be confined in a subsidiary jail for a longer period than 3 months without the sanction of the Inspector-General. (3) No convicted prisoner shall be transferred from a subsidiary jail unless he can undergo a week or more of his sentence in the affiliated jail. (4) The jail to which convicted prisoners shall ordinarily be transferred shall be the jail to which the subsidiary jail is affiliated. ### 1142. Power of Inspector-General to extend period of detention. - The Inspector-General may, for any sufficient reason, and for such period as he may consider necessary, authorize the detention in any subsidiary jail of - (a) all or any convicts whose sentences do not exceed three months, (b) any convict irrespective of the term of his unexpired sentence whose services may be required in the subsidiary jail, or (c) any convict who on account of illness is, in the opinion of the medical officer, unfit to be transferred or whom the Superintendent considers it undesirable to transfer for other reasons. ### 1143. Special detention to give evidence or answer a charge. - When in any case, the evidence of a convicted prisoner confined in a subsidiary jail is required or another charge is pending against him in the local Court, and it would cause inconvenience to transfer him, such prisoner may be detained till his evidence is taken or the charge against him is disposed of, as the case may be. ### 1144. Necessity for the prompt transfer of convicts. (1) Overcrowding of the convict ward must be avoided by the prompt transfer or newly convicted prisoners. (2) Dangerous characters, dacoits or those who have previously escaped or attempted to escape, should only be detained pending the provision of a police escort. ### 1145. Provision when overcrowding occurs. (1) Whenever overcrowding occurs in a subsidiary jail, owing to inability to make transfers in consequence of the presence of infectious disease or overcrowding in the district jail, or other cause, the Superintendent shall take measures to provide the additional accommodation required, either by occupying some other available building in the neighbourhood or erecting or hiring temporary huts. (2) Such expenditure as may be urgently necessary for the provision of additional accommodation and the entertainment of extra temporary establishment for guarding prisoners confined outside the walls of the subsidiary jail, may be incurred in anticipation of sanction, but all actions so taken must at once be reported to the Inspector-General. When there is no urgency, the previous sanction of the Inspector-General must be obtained. ### 1146. Requisition for police guard. (1) As a rule, prisoners should be transferred at periodical intervals, such as a certain day each week, so that the Superintendent of the District Jail may be able to anticipate their arrival, and the Police authorities, the date when the guard should be in readiness. (2) It is only in exceptional cases, such as when unforeseen overcrowding occurs, or dangerous or long-term prisoners are received, whom it is undesirable to detain longer than is absolutely necessary, or other emergency arises, that a special guard should be required. Note - For the scale of police escort, see Rule 3 of Notification No. 323 of 27th July, 1900, Appendix No. 1. ### 1147. Documents to accompany prisoners on transfer. - The following documents shall be sent with prisoners on transfer, and shall be delivered into the custody of the officer in charge of the escort :- (a) the prisoners' warrants; (b) lists of the private property accompanying them. ### 1148. Number of visits to be paid by the District Magistrate. - The District Magistrate or a Magistrate subordinate to him and appointed by him in this behalf is required to visit the subsidiary jails in his district at least once a year and oftener, if possible. When a subsidiary jail is at the head - quarters of the district he should ordinarily visit it once a month. ### 1149. Appointment of Superintendent. (1) The Superintendent of a subsidiary jail situated in a sub-division, shall be the officer in charge of such sub- division, but when the subsidiary jail is at the headquarters of a district the Superintendent shall be a Magistrate not below the rank of Extra Assistant Commissioner and shall be specially appointed to the charge by the District Magistrate. (2) During the absence from any cause of the Sub-Divisional Officer or Magistrate incharge, the next Senior Magistrate available, or other official approved by the District Magistrate shall perform the duties of Superintendent. ### 1150. Visits by the Superintendent. (1) The Superintendent shall visit the Sub-Jail at least once on every working day and on Sundays and holidays also whenever special circumstances render it desirable that he should do so. If from any cause the Superintendent is prevented from or unable to visit the Jail on any day on which he is by this rule required so to do, he shall record the fact and cause of his absence in his journal. (2) A record of each visit, with the date, shall be made in the visitors' book and the total number of visits paid during the year shall be stated in the Annual Report of the subsidiary jail. Note. - The Superintendent of the Sub-Jail at Dharamsala shall visit the Jail twice a week and oftener if special circumstances require that he should do so. ### 1151. Other duties of the Superintendent. (1) It is the duty of the Superintendent to satisfy himself that - (a) the office is neatly kept and tidily arranged, and that the registers and other records are properly kept and up to date; (b) the food is issued according to the scale sanctioned and is of good quality, and that the prices paid are not in excess of those prevailing in the market; and (c) that the warders when on duty are properly dressed and in all respects efficient. (2) The Superintendent is authorised to punish subordinate officer. ### 1152. Appointment of Medical Superintendent. - The Assistant Surgeon or Sub- Assistant Surgeon attached to the District or the Sub-Division shall, if competent and his other duties permit, be appointed to the Medical Subordinate of the Subsidiary Jail. (2) Should the services of this office not be available, other local arrangements with the approval of the Inspector-General shall be made. ### 1153. Duties of Assistant Superintendent. (a) The Assistant Superintendent shall be required to perform the clerical work of the Sub-jail with his own hand, to keep his registers and other records neatly and up to date, and not to remove any of them or allow them to be removed from the jail premises; (b) to keep in safe custody and be responsible for the cash and other property belonging to the Government and to the prisoners entrusted to his charge; (c) to record in his Report-book, as they occur, all matter of importance concerning the Sub-jail and to take the signature of the Head Warder against any order of importance issued to that officer; (d) to prepare correctly and despatch punctually all returns, bills, etc., required of him by the orders in force under the direction of the Superintendent; (e) to manage the Sub-jail with economy; (f) to keep the keys of the godowns and places where prisoners are confined as well as the keys of the main gate at night in his personal possession; (g) to visit the Sub-jail every second night in rotation with the Head Warder at uncertain times, ascertain that all is secure, that the lamps are showing sufficient light, that the guard is alert and on the move, and record the time and result of each visit in his report and order book; (h) All the duties of a Deputy Superintendent prescribed in this manual shall devolve on the Assistant Superintendent. ### 1154. Conditions of service of warders. (1) Warders attached to subsidiary jails are subject to the same conditions of service as if employed at a central or a district jail. (2) The necessary entries in the service books of warders, shall be made by the Superintendent, as soon as possible after the events to which they relate, the Assistant Superintendent shall be held responsible for the safe custody of both the service and the security deposit books and their inaccessibility to warders and others. ### 1155. Duties of a head warder. - The duties of a head warder are - (a) to remain present on the subsidiary jail premises throughout the day and night, except when permitted by proper authority to absent himself, (b) to superintend the warders subordinate to him in the discharge of their duties, (c) to assist in every possible way in the management of the subsidiary jail the prevention of escapes and the maintenance of order and discipline amongst subordinate officers and prisoners, (d) to open the subsidiary jail in the morning and lock it up at night, to count the prisoners on each occasion, (e) to be present at all changes of guard by day, ascertain that everything is correct and make a record of the number of prisoners handed over, together with the time the change was made and the names of the relieved and relieving warders, (f) in the absence of the Assistant Superintendent to receive and acknowledge in writing, all prisoners duly committed and made over, and, obtain a written receipt for, all prisoners required by the police under proper authority, (g) to issue the prisoners' rations according to the scales laid down, and such tools and plants as may be necessary, take charge of and check all tools and plant so issued and keep proper accounts of the same, (h) to search the male prisoners at lock-up, see that everything is secure and safe and post the first night watch before leaving the subsidiary jail, (i) to report any offences committed by warders or prisoners and other matters of importance, and (j) to comply with all laws, rules, directions and orders for the time being in force as to the duties he is to perform and the manner in which he is to perform them. Note. - Such information as the head warder is required to record, is to be entered by him in a note-book. ### 1156. Caution to be observed in opening gate. - To prevent the possibility of prisoners escaping in a body through the gate, a chain shall be fixed to it in such a manner as to allow it to open sufficiently to admit or pass out one person at a time and no more. The gate shall not be opened to a greater extent than this unless the prisoners are first secured and the possibility of a rush prevented. ### 1157. Extra-mural labour. (1) No convict shall be allowed to work outside the subsidiary jail walls, unless he is in the charge of a paid warder who shall give a receipt and be responsible for him, nor until the permission of the Superintendent in writing is recorded in the Order-book. (2) No convict with more than fourteen days unexpired sentence (other than a prison servant) shall under ordinary circumstances be employed extramurally. (3) A convict sweeper, or bhistie, if required, of the casual class, who has passed one-half or more of his sentence and has not more than six months' unexpired term remaining, may be employed outside. (4) No prisoner employed outside shall be permitted to leave the jail premises for any purpose. (5) Convicts passed for out-door work may be employed on gardening or keeping the roads, drains, etc., belonging to the subsidiary jail, in order. Note. - The Assistant Superintendent shall note daily in the Report book the number of prisoners employed outside and the nature of the duties on which they are engaged. ### 1158. Supply of convict-servants. (1) Every subsidiary jail shall, as far as possible, be supplied with sweepers and such other convict servants as may be necessary, by the jail to which it is affiliated, to the Superintendent of which application should be made. (2) If the affiliated jail is unable to supply convict-servants, application should be made to Inspector-General. (3) Failing eligible convict-servants being available in either the affiliated or other jail, outside labour may be employed until they are available. ### 1159. Registers to be maintained. - Registers prescribed in the Jail Manual for use in Central and District Jails shall be maintained in subsidiary jails. The instructions for keeping them as laid down in the Jail Manual should be carefully attended to. ### 1160. Returns, etc., to be furnished. - The bills, returns, reports, etc., to be furnished by the Superintendent are the same as prescribed in the Jail Manual for Central and District jails.
65ba04c2ab84c7eca86ea79b	acts	State of Andhra Pradesh - Act ------------------------------- Andhra Pradesh Motor Vehicles Taxation (Amendment) Act, 2006 -------------------------------------------------------------- ANDHRA PRADESH India Andhra Pradesh Motor Vehicles Taxation (Amendment) Act, 2006 ============================================================== Act 33 of 2006 ---------------- * Published on 17 September 2006 * Commenced on 17 September 2006 Andhra Pradesh Motor Vehicles Taxation (Amendment) Act, 2006 (Act No. 33 of 2006 ) The following Act of the Andhra Pradesh Legislative Assembly received the assent of the Governor on the 17th September, 2006 and the said assent is hereby first published on the 19th September, 2006 in the Andhra Pradesh Gazette for general information. Published in A.P. Gazette Part IV-B, Extraordinary No. 44, dated 19-9-2006. An Act further to amend the Andhra Pradesh Motor Vehicles Taxation Act, 1963. Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Fifty seventh Year of the Republic of India as follows: ### 1. Short title and commencement: (1) This Act may be called the Andhra Pradesh Motor Vehicles Taxation (Amendment) Act, 2006. ### 2. (a) Section 3-A inserted by the Section 3 of this Act shall be deemed to have come into force with effect from 1st June, 2002. (b) Clause (1) of Section 4 of this Act shall be deemed to have come into force with effect from 10th April, 2001. (c) The remaining provisions of this Act shall be deemed to have come into force with effect from 25th May, 2006. Sections 2 to 6 relating to Amendments to the Principal Act have been incorporated at appropriate places. ### 7. Validation of Tax levied and collected: - Notwithstanding anything contained in any judgment, decree, order of any court, Tribunal or other authority to the contrary, the levy and collection of tax on any motor vehicle where contract carriages covered by inter-State, State-wide, District-wide permits and idle Contract carriages are misused as Stage carriages as specified in entry (iv) in explanation (vi) under item 4(v) of the Schedule appended to the notification issued in G.O.Ms.No. 75, TR&B, dated 27.4.1993 as amended by G.O.Ms.No. 152, TR&B, dated 1.12.2001 which was subsequently amended in G.O.Ms.No.77, TR&B, dated 1.6.2002, shall never be deemed to be invalid or never to have become invalid by reason only of the fact that such levy and collection of tax was made without a specific charging provision in the principal Act and accordingly, the levy and collection of such tax made on such Motor Vehicles as specified in the aforesaid Government order shall be deemed to have been lawfully levied and collected and accordingly:- (a) no suit or other proceeding shall be maintained or continued in any Court against the State Government or any person or authority what so ever for the refund of any tax on Motor Vehicle; and (b) no Court shall enforce any decree or order directing the refund of such tax. ### 8. Repeal of Ordinance 6 of 2006: - The Andhra Pradesh Motor Vehicles Taxation (Amendment) Ordinance, 2006 is hereby repealed.
65ba8700ab84c7eca86ebed0	acts	Union of India - Act ---------------------- Specifying Officers To Whom Certified Copies of Certain Returns Shall Be Transmitted Under Section 214(3) of The Act For Preservation as a Permanent Record ------------------------------------------------------------------------------------------------------------------------------------------------------------- UNION OF INDIA India Specifying Officers To Whom Certified Copies of Certain Returns Shall Be Transmitted Under Section 214(3) of The Act For Preservation as a Permanent Record ============================================================================================================================================================= Rule SPECIFYING-OFFICERS-TO-WHOM-CERTIFIED-COPIES-OF-CERTAIN-RETURNS-SHALL-BE-TRANSMITTED-UNDER-SECTION-214-3-OF-THE-ACT-FOR-PRESERVATION-AS-A-PERMANENT-RECORD of 1967 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------- * Published on 6 July 1967 * Commenced on 6 July 1967 Specifying Officers To Whom Certified Copies of Certain Returns Shall Be Transmitted Under Section 214(3) of The Act For Preservation as a Permanent Record Published vide Notification S.O. 2318, dated 6th July, 1967. ### 1. S.O. 2318, dated 6th July, 1967. - In exercise of the powers conferred by subsection (3) of Section 214 of the Merchant Shipping Act, 1958 ( 44 of 1958 ) and in supersession of all previous orders on the subject, the Central Government hereby directs that in the states or Union territories specified in the first column of the schedule hereto annexed, the officers specified in the corresponding entry in the second column thereof shall be the officers to whom certified copies of the returns in respect of births and deaths of citizens of India on board Indian ships shall be transmitted for preservation as a permanent record. The Schedule \| \| \| \| \| --- \| --- \| --- \| \| SI. No \| States or Union Territory \| Officer \| \| 1 \| Andhra Pradesh \| The Director of Public Health, Andhra Pradesh, Hyderabad-Dn. \| \| 2 \| Assam \| The Director of Health Services, Assam, (Public Health Branch) Shillong. \| \| 3 \| Bihar \| The Director of Statistics, Bihar, Patna. \| \| 4 \| Gujarat \| The Director of Health and Medical Services (Health Section), Gujarat, Ahmedabad \| \| 5 \| Haryana The Director of Health Services, Haryana Chandigarh. \| \| \| 6 \| Jammu & Kashmir \| The Director of Health Services, Government of Jammu & Kashmir, Jammu (Tawi) Srinagar. \| \| 7 \| Kerala \| The Additional Director, Bureau of Economics & Statistics, Kerala Trivandrum. \| \| 8 \| Madhya Pradesh The Director of Health Service, Madhya Pradesh, Indore. \| \| \| 9 \| Madras \| The Director of Economics & Statistics P.B. No. 722 Cathedral P.O.Madras-6 \| \| 10 \| Maharashtra \| The Director of Public Health, Maharashtra, Poona-1. \| \| 11 \| Mysore \| The Director of Public Health, Mysore, Bangalore. \| \| 12 \| Orissa \| The Director of Health Services, Orissa, Bhubaneswar. \| \| 13 \| Punjab \| The Director of Health Services, Punjab, Chandigarh. \| \| 14 \| Rajasthan \| The Director of Economics &Statistics, Rajasthan, Jaipur. \| \| 15 \| Uttar Pradesh \| The Director of Medical and Health Services, (Epidemiological Branch), U.P. Lucknow. \| \| 16 \| West Bengal \| The Director State, Bureau of Health Intelligence, West Bengal, 73, Dharamtalla Street, Calcutta-13. \| \| 17 \| The Andman and Nicobar islands. \| The Senior Medical Officer, Andaman and Nicobar Islands, Port Blair. \| \| 18 \| Delhi \| The Municipal Health Officer, Statistical Unit, Municipal Corporation of Delhi, Town Hall, Chandni-Chowk, Delhi. \| \| 19 \| Dadra and Nagar Haveli \| The Secretary to the Administrator, Dadra and Nagar Haveli, Silvassa, Biavapi \| \| 20 \| Goa, Daman and Diu \| The Head, General Statistics Department, Government of Goa,Daman and Diu, Panjim. \| \| 21 \| Himachal Pradesh \| The Director of Health Services, Medical and Public Health Department, Government of Himachal Pradesh, Simla-4. \| \| 22 \| he Laccadive, Minicoy and Amindivi islands \| The Secretary to the Administrator, Administration of Union Territory of and Laccadive, Kozhikode. \| \| 23 \| Manipur \| The Director of Medical and Health Services, Manipur, Imphal. \| \| 24 \| Pondicherry \| The Chief of Medical Services, Pondicherry. \| \| 25 \| Tripura \| The Director of Health Services, Government of Tripura, Agartala. \| \| 26 \| Chandigarh \| Medical Officer of Health, Chandigarh. \| [Min. of Transport and Shipping, No. 30-ML-(6) /66-MD.]
65b960c5ab84c7eca86e8f98	acts	State of Bihar - Act ---------------------- Bihar (Cases Flow Management in High Court) Rules, 2008 --------------------------------------------------------- BIHAR India Bihar (Cases Flow Management in High Court) Rules, 2008 ========================================================= Rule BIHAR-CASES-FLOW-MANAGEMENT-IN-HIGH-COURT-RULES-2008 of 2008 ------------------------------------------------------------------- * Published on 24 October 2008 * Commenced on 24 October 2008 Bihar (Cases Flow Management in High Court) Rules, 2008 Published vide Notification No. B/Estt. (H.C.)-06-03/2008/5253/J dated 24th October, 2008, published in Bihar Gazette (Extraordinary) dated 31.10.2008 Notification No. B/Estt. (H.C.)-06-03/2008/5253/J dated 24th October, 2008. - Whereas the draft of the following rules which the High Court of Patna proposed to make was published as required by sub-section (1) of Section 122 of the Code of Civil Procedure, 1908 (Act 5 of 1908) in Notification No. 4237 dated 5th September, 2008 in Bihar Gazette dated 5th September, 2008 inviting objections or suggestions from the persons likely to be affected thereby and notice was given that the said draft rules will be taken into consideration on or after fifteen days from the date of its publication in the Official Gazette. And Whereas, the said copy of the Gazette Notification was made available to the publication 5th September, 2008. And Whereas, no objections or suggestions have been received to the said draft rules by the High Court of Patna. Now, Therefore, in exercise of the powers conferred by Section 89 and Section 122 read with Sections 126 and 127 of the Code of Civil Procedure, 1908 (Act 5 of 1908) the following Rules made by the High Court, Patna and approved by the State Government is hereby published namely:- ### 1. Title, application and commencement. - (i) These Rules may be called Bihar (Cases Flow Management in High Court) Rules, 2008. (ii) These Rules shall apply to all writs, application, LPA, appeals and all other Civil, Criminal and other proceedings before the High Courts. (iii) These Rules shall come into force from the date of their publication in the Official Gazette. Part-I ### 1. Division of Cases into different Tracks. - Writ Petitions : The High Court shall, at the stage of admission or issuing notice before admission categorize the Writ Petitions other than writ of Habeas Corpus, into three categories. Fast Track - The petitions in the Fast Track shall invariably be disposed of within a period not exceeding six months. Normal Track - Petitions in this category of cases shall be disposed of within a period of one year. Slow Track - Petitions in this category, subject to pendency of other cases in the Court, shall ordinarily be disposed of within a period of two years. Notes - Where an interim order of stay or injunction is granted in respect of liability to tax or demolition or eviction from public premises etc,. and similarly, all matters involving tenders would also be put on the Fast Track. ### 2. Every month Registrar, List & Computer shall, monitor the stage of each case likely to come up for hearing before each Bench (Division Bench or Single Judge) during that month which have been allocated to the different Tracks. The details shall be placed before the Chief Justice or Committee nominated for that purpose as well as the concerned Judge dealing with cases. ### 3. The Judge or Judges referred to in Clause (2) above may shift the case from one Track to another, depending upon the complexity (urgency) and other circumstances of the case. ### 4. When Computerization is available, data will be fed into the computer in such a manner that the Court of Judge or Judges, referred to in Clause (2) above will be able to ascertain the position and stage of every case in every track from the computer screen. ### 5. Whenever the roaster changes, the Judge concerned who is dealing with final matters shall keep himself informed about the stage of the cases in various tracks listed before him during every week, with a view to see that the cases are taken up early. ### 6. Other matter. - The High Court shall also divide Civil Appeals and other matter into different tracks on the lines indicated in sub-clauses (2) to (5) above and the said clauses shall apply, mutatis mutandis, to the Civil Appeals filed in the Court. The High Court shall make a subject-wise division of the appeals/revision application for allocation in different tracks. Part-II Writ of Habeas Corpus (i) Notices in respect of writ of Habeas Corpus where the person is in custody under orders of the State Government or Central Government shall invariably be issued by the Court at the first listing and shall be made returnable within 48 hours. (ii) The State Government or Central Government may file a brief return enclosing the relevant documents to justify the detention. (iii) The matters shall be listed after notice on the 4th working day after issuance of notice, and the Court shall consider whether a more detailed return to the Writ is necessary, and, if so required, shall give further time of a week and three days time for filing a rejoinder. (iv) A Writ of Habeas Corpus shall invariably be disposed of within a period of fifteen days. It shall have preference over and above fast track cases. Part-III Mode of Advance Service. - Mode of service of notice on the standing counsel for Respondents wherever available, against whom, interim orders are sought as per Patna High Court Rules. Such advance service shall generally relate to Governments or Public Sector Undertakings who have Standing Counsel. Part-IV First Appeals to High Court ### 1. Service of Notice of Appeal. (a) Irrespective of amendment in CPC, which provide filing a copy of appeal in Trial Court, a party can file appeal in Appellate Court (High Court) immediately for obtaining interim orders. (b) In addition to the process for normal service as per the Code of Civil Procedure, advance notice should simultaneously be given by the counsel for the party who is proposing to file the appeal, to the counsel for the opposite party in the Trial Court itself so as to enable them to inform the parties to appear if they so choose even at the first hearing stage. ### 2. Filing of Documents. - The Appellant shall, on the appeal being admitted, file all the essential papers within such period as may be fixed by the High Court for the purpose the High Court understanding the scope of the dispute and for the purpose of passing interlocutory orders. ### 3. Printing or typing of Paper Book. - Printing and preparation of paper-books by the High Court should be done away with. After service of notice is effected, counsel for both sides should agree on the list of documents and evidence to be printed or typed and the same shall be made ready by the parties within the time to be fixed by the Court. Thereafter the paper book shall be got ready. It must be assured that the paper books are ready at least six months in advance before the appeal is taken up for arguments. (Cause lists must specify if paper books have been filed or not). ### 4. Filing of Written Submissions and time for oral arguments. (a) Both the appellants and the respondents shall be required to submit their written submissions with all the relevant pages as per the Court paper book marked therein within a month of preparation of such paper-books, referred to in Rule 3 above. (b) Cause list may indicate if written submissions have been filed. If not, the Court must direct that they be filed immediately. (c) After the written submissions are filed, (with due service of copy to the other side) the matter should be listed before the Registrar to indicate the time that will be taken for arguments in the appeal. Alternatively, such matters may be listed before a Judge in Chambers for deciding the time duration and thereafter to fix a date of hearing on a clear date when the requisite extent of time will be available. (d) In the event that the matter is likely to take a day or more, the High Court may consider having a Caution List/Alternative List to meet eventualities where a case gets adjourned due to unavoidable reasons or does not go on before a Court, and those cases may be listed before a Court where, for one reason or another, the scheduled cases are not taken up for hearing. ### 5. Court may explore possibility of settlement. (a) At the first hearing of a First Appeal when both parties appear, the Court shall find out if there is a possibility of a settlement. If the parties are agreeable even at the stage for mediation or conciliation, the High Court could make a reference to mediation or conciliation for the said purpose. (b) If necessary, the process, contemplated by Section 89 of CPC may be resorted to by the Appellate Court so, however, that the hearing of the appeal is not unnecessarily delayed. Whichever is the ADR process adopted the court should fix a date for a report on the ADR two months from the date of reference. Part-V Appeals to Division Bench from Judgment of Single Judge of High Court [Letters Patent Appeal (LPA) or similar appeals under High Courts Rules]:- An appeal to a Division Bench from judgment of a Single Judge generally lie in the following cases:- (i) Appeals from interlocutory orders of the Single Judge in original jurisdiction matter including writs; (ii) Appeals from final judgments of a Single Judge in original jurisdiction; (iii) Other appeals permitted by any law to a Division Bench. ### 1. Appeals against interlocutory orders falling under category:- (i) Above should be invariably filed after advance notice to the opposite counsel (who has appeared before the Single Judge) so that both the sides will be represented at the very first hearing of the appeals. If both parties appear at the first hearing, there is no need to serve the opposite side by normal process and at least in some cases, the appeals against interlocutory order can be disposed of even at the first hearing. If, for any reason, this is not practicable, such appeals against interim orders should be disposed of within a period of a month. ### 2. In cases referred to above, necessary documents should be kept ready by the counsel to enable the Court to dispose of the appeal against interlocutory matter at the first hearing itself. ### 3. In all Appeals against interim orders in the High Court, in writ and civil matters, the Court should endeavour to set down and observe a strict time limit in regard to oral arguments. In case or Original Side appeals/LPAs arising out of final orders in a Writ Petition or arising out of civil suits filed in the High Court, a flexible time schedule may be followed. ### 4. The practice direction in regard to First Appeal should mutatis mutandis apply in respect of LPAs/Original side appeals against final judgments of the Single Judge. ### 5. Letters Patent Appeal arising from orders of the Single Judge in a writ petition should be filed with simultaneous service on the counsel for the opposite party who had appeared before the Single Judge or on service of the opposite party. ### 6. LPA against interim orders of the Single Judge should invariably be disposed of early and at any rate, within a period of thirty days from the first hearing. ### 7. Before LPA against final orders in Writ Petitions are heard, brief written submissions must be filed by both parties within such time as may be fixed by the Court. Part-VI Second Appeals : ### 1. Even at the stage of admission, the questions of law with a brief synopsis and written submissions on each of the propositions should be filed so as to enable the Court to consider whether there is a substantial question of law. ### 2. Wherever the Court is inclined to entertain the appeal, apart from normal procedure for service as per rules, advances notice shall be given to the counsel who had appeared in the First Appellate Court. ### 3. The notice should require the respondents to file their written submissions within a period of eight weeks from service of notice. ### 4. Efforts should be made to complete the hearing of the Second Appeals within a period of six months. Part-VII Civil Revision. - The practice direction in regard to LPAs and First Appeals to the High Courts, should mutatis mutandis apply in respect of revision petitions. Part-VIII Criminal Appeals. - Based on offence, sentence and whether the accused is on bail or in Jail, Criminal Appeals shall be classified as follows:- (i) Track I : Capital punishment cases, rape, sexual offences, dowry death cases. (ii) Track II : Cases where the accused is not granted bail and is in jail. (iii) Track III : Cases which affect a large number of persons such as cases of mass cheating, economic offences, illicit liquor tragedy, food adulteration cases, offences of sensitive nature. (iv) Track IV : Offences under TADA, NDPS, Prevention of Corruption Act, etc. (v) Track V : All other offences. ### 1. The endeavour should be to complete Track I Cases within a period of six months, Track II cases within nine months, Track III within a year, Track IV and Track V within fifteen months. ### 2. Whenever an appeal is filed by a person in jail, and also when appeals are filed by State, the complete paper-books including the evidence, should be filed by the State within such period as may be fixed by Court. ### 3. In appeals against acquittals, steps for appointment of amicus curiae or State Legal Aid Counsel in respect of the accused who do not have a lawyer of their own should be undertaken by the Registry/(State Legal Service Committee) immediately after completion of four weeks of service of notice. It shall be presumed that in such an event the accused is not in a position to appoint counsel, and within two weeks thereafter counsel shall be appointed and shall be furnished all the papers. Part-IX Note. - Wherever there is any inconsistency between these Rules and the provision of either the Code of Civil Procedure, 1908 or the Code of Criminal Procedure, 1973 or the Patna High Court Rules, or any other Statute, the provisions of such Codes and Statutes shall prevail."
65bac0cdab84c7eca86ec71b	acts	State of Jammu-Kashmir - Act ------------------------------ Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Rules, 2014 ---------------------------------------------------------------------------------- JAMMU & KASHMIR India Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Rules, 2014 ================================================================================== Rule JAMMU-AND-KASHMIR-JUVENILE-JUSTICE-CARE-AND-PROTECTION-OF-CHILDREN-RULES-2014 of 2014 -------------------------------------------------------------------------------------------- * Published on 24 March 2014 * Commenced on 24 March 2014 Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Rules, 2014 Published vide Notification No. SRO-76, dated 24.3.2014 SRO-76. - In exercise of the powers conferred by section 68 of the Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act, 2013, the Government hereby makes the following rules, namely:- ### 1. Short title and commencement. (1) These rules may be called the Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Rules, 2014. (2) They shall come into force on the date of their publication in the Government Gazette. ### 2. Definition. - In these rules, unless the context otherwise requires.- (a) "Abandoned" means an unaccompanied and deserted child who is declared abandoned by the committee constituted under section 30 of the Act; (b) "Act" means the Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act. 2013; (c) "Best interest of the child" means an action or decision taken to ensure physical, emotional, intellectual, social and moral development of juvenile or child; (d) "Child friendly" means any process and interpretation, attitude, environment and treatment, that is humane, considerate and in the best interest of the child ; (e) "Certified" means certification of an institution or agency or voluntary organization issued by the Government to operate as a children's home, observation home, special home, shelter home, or after care organization ; (f) "Form" means the form annexed to these rules ; (g) "Individual care plan" means a comprehensive development plan for a juvenile or a child based on age specific and gender specific needs and the case history of the juvenile in order to restore self-esteem, dignity and self-worth and nurture him into a responsible citizen, addressing his/her the following needs of-a juvenile:- (i) Health needs ; (ii) Emotional and psychological needs ; (iii) Educational and training needs; (iv) Protection from all kinds of abuse, neglect and maltreatment; (v) Social mainstreaming; and (vi) Follow-up post release/restoration. (h) "Institution" for the purpose of these rules, means an observation home, or a special home, or a children's home or a shelter home established under sections 9, 10, 35, 35 (3) and 38 of the Act respectively ; (i) "Inquiry" for the purpose of section 15 means the proceeding through which Board makes decision regarding juvenile's involvement in the alleged offence or otherwise. Such inquiry starts at the time of Board taking cognizance of Police Investigation Report and concludes with Board giving finding in this regard. Conclusion of such inquiry shall not be taken to imply closure of proceedings before the Board ; (j) "Officer Incharge/Superintendent" means a person appointed for the control and management of the institution ; (k) "Police Investigation Report" means a report filed before the Board by the Juvenile Welfare Officer or Investigation Officer, as the case may be, on completion of police investigation of the offence in relation to the alleged involvement of juvenile and shall be deemed to have same status and effect as a Police Report under section 173 of Code of Criminal Procedure. Samvat 1989; (l) "Place of safety" means any institution set up and recognized under sections 13(3) and 17(1) of the Act for children in conflict with law; (m) "Recognised" for the purpose of the Act and these rules means recognition of a fit person by the competent authority or recognition of a fit institution by the Government on the recommendation of the competent authority as per sections 2(i) and 0) of the Act; (n) "Registered" for the purpose of the Act and the rules means registration of all institutions or agencies or voluntary organisations providing residential care to children in need of care and protection under section 35(3); (o) "Street and working children" means children without ostensible means of livelihood, care, protection and support; (street and working children needs to be interpreted in light of section 2 (e) of the Act); and (p) Words and expressions used in these rules, but not defined shall have the same meaning as assigned to them in the Act. Chapter II juvenile Justice Board -------------------------------------- ### 3. Appointment of Members of the Board. - The Board constituted under section 4 of the Act shall consist of- (a) a Judicial Magistrate of the First Class to be appointed by the High Court and to be designated as Principal Magistrate ; and (b) Two social workers as members of whom at least one shall be a woman, to be appointed by the. Government on the recommendation of the Selection-cum-Oversight Committee constituted under rules 79 and 80 of these rules. ### 4. Tenure of the members of the Board. (1) The term of office of the members of the Board shall be three years. (2) A social worker member of the Board shall be eligible for re-appointment up to three consecutive terms based on performance appraisal to be made by Selection-cum-Oversight Committee based on recommendations of the District Child Protection Unit. (3) For the objective performance appraisal of social worker members of the Board, the Government shall develop a standard performance appraisal system. (4) A social worker member may resign, by giving one month's notice in writing. (5) Any causal vacancy in the Board may be filled by appointment of another person out of the panel prepared by the Selection-cum-Oversight Committee as per merit. (6) The panel prepared by the Selection-cum-Oversight Committee at the time of selection of members shall be valid for two years. ### 5. Qualifications for members of the Board. (1) The Principal Magistrate shall be a Judicial Officer who has at least 5 years of experience of holding a court: Provided that no Magistrate shall be appointed as the member of the Board unless he has special knowledge or training in child psychology or child welfare. (2) No social worker shall be appointed as a member of the Board unless he/she has been actively involved in health, education or welfare activities pertaining to children for at least seven years and must possesses also the following:- (i) post-graduate degree in social work, psychology, child development, education, sociology, law, criminology, etc. and where such a person is not available, a person with at least a graduate degree in any of the social science disciplines; (ii) minimum 7 years of experience of working on children's issues in case of a graduate and 5 years of such experience in case of a post-graduate; and not less than 35 years of age. ### 6. Conditions for selection as a social worker member of the Board. - A social worker shall not be appointed as member of the Board if he/she- (a) has been convicted under any law; (b) has indulged in child abuse or employment of child labour or any other human rights violations; (c) is holding such full time occupation that may not allow him or her to give necessary time and attention to the work of the Board as per the Act and these rules. ### 7. Conditions for disqualification as a social worker member of the Board. (1) A social worker member of the Board shall be disqualified if he/she- (a) fails to attend a minimum of three- fourths of the sittings of the Board in a month . and (b) fails to attend the proceedings of the Board for three consecutive months without any valid reason. (2) If it is brought to the know ledge of the Selection-cum-Oversight Committee that any member of the Board so appointed has misrepresented his qualification and experience at the time of selection, the Government shall, after due enquiry conducted by the Selection-cum-Oversight Committee and on establishment of such tact, declare the appointment of such member null and void. (3) I f it is brought to the knowledge of the Selection-cum-Oversight Committee that member of the Board has violated the terms and conditions of his appointment including Child Safeguarding Policy signed at the time of appointment, the Government shall, after due enquiry conducted by the Selection-cum-Oversight Committee and on establishment of such fact, declare the appointment of such member nut I and void. ### 8. Allowances. - The social worker members of the Board shall be paid such travel and sitting allowance, as the Government may decide from time to time, but not less than Rs. 1000.00 per silting. ### 9. Sittings of the Board. - The Board shall- (a) hold its sittings in the premises of an observation home or, at a place in proximity to the observation home or, at a suitable premise in any institution established/constituted under the Act, and in no circumstances shall the Board operate from within any Court premises : (b) the premises where the Board holds its sittings shall be child-friendly and shall not look like a court room in any manner whatsoever ; for example, the Board shall not sit on a raised platform and the sitting: arrangement shall be uniform, there shall be no witness boxes etc.; (c) conduct its sittings on all working days of a week unless the case pendency is less in a particular district and concerned authority issues an order in this regard ; (d) every member of the Board shall attend a minimum of three-fourth of all sittings every month ; (e) every member of the Board shall attend a minimum of five hours per sitting day ; (f) in case a juvenile is produced before a single member of the Board, any order passed by such member shall be subject to ratification by the Board ; (g) in case of any difference of opinion among the members of the Board in the interim or final disposition, the opinion of the majority shall prevail, but where there is no such majority, the opinion of the Principal Magistrate, shall prevail; and (h) two members of the Board shall constitute Quorum of the Board for a sitting. ### 10. Powers ami functions of the Board. - The Board shall have the power to- (a) adjudicate and dispose of cases of juveniles in conflict with law; (b) order for registration of First Information Report for crimes committed under sections 24 to 29 of the Act or any order offence under any other law, committed by anyone in respect of a juvenile in conflict with law on a complaint made in this regard or suo motu and in respect of a child in need and care of protection on being intimated by the committee in writing; (c) monitor institutions for juveniles in conflict with law and seek compliance from them in cases of any noticeable lapses ; (d) deal with non-compliance on the part of concerned Government functionaries or functionaries of voluntary organizations, as the case may be, in accordance with due process of law ; (e) pass necessary directions to the Government and police to create or provide necessary infrastructure and other facilities so that minimum standards of justice and treatment are maintained in the letter and spirit of the Act; (f) liaise with the Child Welfare Committees in respect of a juveniles in need of care and protection ; (g) liaise with Boards in other districts or courts, as the case may be to facilitate speedy inquiry and disposal of cases ; (h) take suitable actions for dealing with unforeseen situations that may arise in carrying out the purpose of the Act in the best interest of the juvenile; (i) send monthly information about juveniles in conflict with law produced before them to the District Child Protection Unit; and (j) send quarterly information to the Chief Judicial Magistrate regarding the pendency of cases and indicate nature of the orders passed in light of section 16 of the Act in the format annexed hereto as Form-I to enable the Chief Judicial Magistrate to review the pendency of the cases of the Board after every six months. ### 11. Apprehension of juvenile in conflict with law. (1) The Police or the Juvenile or Child Welfare Officer shall apprehend the juvenile only in cases of his alleged involvement in serious offences entailing a punishment of 7 years or more imprisonment for adults. (2) In cases where a juvenile in conflict with law is involved in a non-serious offence entailing a punishment less than 7 years, apprehension may be made, if it is in the interest of such juvenile. (3) On apprehension a juvenile in conflict with law shall be sent to an observation home after completion of formalities laid down under rule 12 (2) of these rules as soon as possible but not later than 24 hours from the time of apprehension. ### 12. Production of juvenile before the Board and submission of essential documents by the police. (1) In every case involving a juvenile in conflict with law, the police shall submit to the Board, a report containing social background of the juvenile and circumstances of the alleged offence along with the copy of the age memo, personal search memo, as prescribed in the format annexed as Form-11 within 7 days of filing of FIR. (2) Where a juvenile in conflict with law is apprehended by the police, the following documents shall be submitted within 24 hours at the time of first production of such juvenile before the Board:- (i) apprehension memo as prescribed in Form-Ill; (ii) a report of circumstances of apprehension as prescribed in Form-IV; (iii) medical examination report. When a juvenile or child requires to be medically examined, request for Medical Examination Report in Form-V shall be prepared ; and (iv) juvenile's version of the incident. (3) Where a juvenile In conflict with law is not apprehended, the Police or the Juvenile or Child Welfare Officer shall intimate the parents or guardian of the juvenile and hand over the custody of the juvenile to such parent or guardian on a written undertaking as prescribed in the Form-VI to produce the juvenile before the Board as and when required by the Board. (4) In case the parents or guardian fail to ensure production of the juvenile in conflict with law before the Board despite an undertaking, the Board shall pass appropriate orders under section 23 of the Act ; (5) The police shall record the Juvenile's version of the incident in the presence of and verified by Juvenile Welfare Officer or Probation Officer or social worker member of the Board or parent or guardian of such juvenile, as the case may be. (6) If in the Juvenile's version of the incident, it comes to notice of the police that an adult has caused the juvenile to be in conflict situation, action against such adult shall be initiated keeping the best interest of juvenile in mind and to ensure that he keeps away from such influence. ### 13. Post-production procedures for the police. (1) For the purposes of questioning, interview, recovery of articles and weapons involved in the offence and taking the juvenile for spot investigation or any other procedure relating to investigation, the concerned Police Officer shall seek written order from the Board. (2) For the purposes of above sub-rule the presence of SJPU Social Worker or a person trusted by the juvenile shall be mandatory and their signatures shall be obtained on all the documents prepare by the Investigating Officer during the processes. (3) In all cases where a juvenile is alleged to have committed an offence entailing a punishment of less than 7 years imprisonment for adults, the police shall file its police investigation report at the earliest and in no case later than a period of 60 days from the date of offence. (4) In all cases where a juvenile is alleged to have committed an offence entailing a punishment of imprisonment of 7 years or more for adults, the police shall file its final report at the earliest and in no case later than a period of 90 days from the date of apprehension. ### 14. Treatment of juveniles by the police. (1) As soon as the police come in contact with a juvenile in conflict with law, the concerned police officer shall inform the Officer Incharge of Police Station concerned, who shall immediately direct the designated Juvenile or Child Welfare Officer in the nearest police station to take charge of the juvenile. (2) The concerned Police Officer or the Juvenile or Child Welfare Officer shall inform- (a) the parents or guardian of the juvenile about the allegations and apprehension of the Juvenile if applicable, and the address of the Board where the juvenile will be produced and the date and time when the parents or guardian need to be present before the Board ; (b) the concerned probation officer of the incident involving the juvenile in conflict with law to enable him to obtain information for the purposes of assisting the Board in conducting the inquiry and follow up; and (c) the juvenile about his rights and the procedures under the Act and these rules. (3) The juvenile shall be given all possible assistance to enable him to call any person of his choice over the phone or otherwise. (4) The juvenile shall not be kept in police lock-up or jail at any stage in the course of preliminary enquiry and investigation. (5) No juvenile in conflict with law shall be handcuffed, chained or tied with ropes or any other material while producing him before the Board or at any stage during the course of investigation under the Act. (6) Juvenile shall be received, assessed and interviewed in a child-friendly manner and home-like environment by the specially trained Probation Officers or designated or authorized Social Workers or Police personnel. (7) Wherever possible, the police conducting any investigation in cases involving juveniles in conflict with law, shall only wear civil clothes and not be in uniform unless specific circumstances require the said officer to wear a police uniform in the interest of the child. However, they shall at all times have their identification proof that shall be produced on demand. (8) The Police or the Juvenile or Child Welfare Officer shall be responsible for the safety and provision of food and basic amenities to the juveniles apprehended or kept under their charge. (9) The District Child Protection Unit may identify voluntary organizations to associate with the Police or the Juvenile or Child Welfare Officer at the time of apprehension for counselling of the juvenile and for preparation of the report containing social background of the juvenile. ### 15. Post-production processes by the Board. (1) On production of the juvenile, the Board shall review the information provided under sub-rule (1) of rule 12 and pass the following order in the first summary enquiry:- (a) dispose off the case, if on the consideration of documents and records submitted at the time of first summary enquiry, the grounds for the juvenile to be in conflict with law appears to be unfounded or where the juvenile is involved in infraction of law which is de minimus, and may treat such a juvenile as a child in need of care and protection and transfer to the concerned committee ; (b) release the juvenile in the supervision and custody of parent or guardian or fit person or fit institution with the direction to present the juvenile for the inquiry on the next date ; (c) place the juvenile in an observation home or place of safety or tit institution or with a fit person pending inquiry, only in cases of juvenile's involvement in a serious offence ; (d) in all cases of release pending inquiry, the Board shall notify the next date of hearing, not later than 15 days from the first summary enquiry and seek the Social Background report prepared by Police and the Social Investigation report prepared by the concerned Probation Officer. (2) The Board shall take the following steps to ensure fair, speedy and child-friendly inquiry:- (a) at the time of first production, the Board or the individual member of the Board, before whom juvenile is produced for the first time, shall satisfy itself that the juvenile in conflict with law has not been subjected to any illegal detention or torture or ill treatment by the police or any other person including a lawyer or a Probation Officer and pass appropriate orders in case of any such allegation/ill treatment after recording complaint or statement of juvenile in this regard; (b) in all cases under the Act the proceedings shall be conducted in a manner as simple as possible, in the language understood by the juvenile and in a child-friendly atmosphere: (c) every juvenile brought before the Board shall be given an opportunity to be heard and to participate in all the proceedings and it shall be duty of the Board to ensure that every juvenile is represented by a lawyer of his choice and if there is no lawyer representing a juvenile. Board shall assign a legal aid lawyer to represent the juvenile and adequate opportunity shall be given to the juvenile to interact with his lawyer before Board conducts the hearing ; (d) the Board shall explain to the juvenile the content of allegations made out against him and record his detailed response verbatim and also ensure that the juvenile is not coerced or influenced to plead guilty; (e) cases of offences entailing punishment of imprisonment of less than 7 years for adults may be disposed through summary proceedings or inquiry while in cases of offences entailing punishment of imprisonment of 7 years or more for adults due process of inquiry in detail may follow; (f) even in cases of inquiry pertaining to offences prescribing imprisonment of less than 7 years as punishment for adults the Board is required to follow the procedure of trial in cases where summons are issued. (3) When witnesses are produced for examination in inquiry under section 15 of the Act relating to a juvenile, the Board shall keep in mind that the inquiry is not to be conducted in the spirit of strict adversarial proceedings and it shall use the powers conferred under Jammu and Kashmir Evidence Act. Samvat 1977 so as to question the juvenile and proceed with the presumptions that favour the juvenile's right to be restored. (4) After being admitted to bail, if the juvenile fails to appear before the Board on any date fixed for hearing, and no application is moved for exemption on his behalf, or no cogent reason is found for granting exemption, the Board shall instead of issuing warrants against the juveniles issue direction to the Juvenile or Child Welfare Officer and the Station 1 louse Officer for the production of juvenile. (5) If the Juvenile or Child Welfare Officer fails to produce the juvenile before the Board even after issuance of order under rule 13 (4) of these rules, the Board shall instead of issuing process under section 82 of Code of Criminal Procedure, Samvat 1989, pass appropriate orders under section 23 of the Act. (6) While examining a juvenile and recording his statement, the Board shall be free to address the juvenile in a appropriate manner, in order to put the juvenile at ease and to elicit the true facts, not only in respect of the offence of which the juvenile is accused, but also in respect of the home and social surroundings and the influence to which the juvenile might have been subjected. . (7) The Board shall rely upon social background report provided by the police under rule 12(1) of these rules, the social investigation report prepared by the Probation Officer or Voluntary Organization and the evidence produced by the parties for arriving at a conclusion about the juvenile. (8) Every inquiry by the Board shall be completed within a period of four months after the first summary inquiry. Only in exceptional cases involving transnational or inter-state criminality, large number of accused and inordinate delay in production of witnesses, the period of enquiry may be extended by the Board up to a period of further two months by recording of the reasons by the Board in the order. (9) In all other cases except where the nature of alleged offence is serious, delay beyond four to six months shall amount to the termination of the inquiry. (10) Where the inquiry is delayed beyond six months on account of serious nature of the offence alleged to have been committed by the juvenile, the Board shall send a report of the case to the Chief Judicial Magistrate stating the reason for delay as well as steps being taken to expedite the inquiry. On receipt of such report, Chief Judicial Magistrate may issue necessary directions to expedite the inquiry. ### 16. Legal aid. (1) The proceedings before the Board shall be conducted in non-adversarial environment, but with due regard to all the due process guarantees such as right to counsel and free legal aid. (2) The Board shall ensure that the Legal Officer in the District Child Protection Unit and the State Legal Services Authority shall extend free legal services to all the juveniles. The Legal Officer in the District Child Protection Unit and the State Legal Services Authority shall be under an obligation to provide legal services sought by the Board. (3) In the event of shortfall in the State Legal Services support, the Board shall be responsible for seeking legal services from recognized voluntary legal services organisations or the legal services clinics established by the Law Schools or University Faculty of Law. (4) The Board may also deploy the services of the student legal services volunteers and NGO volunteers in para-legal tasks such as contacting the parents of juveniles and gathering relevant social and rehabilitative information about the juveniles. (5) Any lawyer from the State Legal Services Authority, recognised voluntary legal services organization or a lawyer holding authorisation or vakalatnama from parents or-guardians of the juvenile and para-iegals of legal service clinics shall be entitled to visit and meet the juvenile in the observation home for the purposes of obtaining legal instruction(s), briefing and legal counselling. ### 17. Completion of inquiry and dispositional alternatives. (1) The Board shall complete every inquiry under section 15 of the A:t within the stipulated time by pronouncing its judgment and recording a finding about juvenile's involvement in the alleged offence or absolving the juvenile from the allegation(s), as the case may be. (2) Before, passing the judgment, entire evidence of witnesses recorded during the inquiry shall be read over and explained to the juvenile and his response thereof shall be recorded by the Board with the assistance of juvenile's lawyer. Juvenile shall be accorded due opportunity to bring before Board any evidence in his support and also to suggest any witness(s) of his choice in his defence. All such witnesses shall be called for recording their evidence by the Board. (3) Before passing the judgment. Board shall take into account entire evidence brought before the Board and the statement of juvenile, containing response of juvenile recorded by the Board under sub-rule (2). (4) In case. Board gives a Finding confirming juvenile's involvement in alleged offence(s), it shall proceed to pass anyone of the seven dispositional orders enumerated in section 16 of the Act. (5) Before passing a dispositional order under section 16 of the Act, the Board shall obtain a social investigation report prepared either by a Probation Officer or a Recognized Voluntary Organisation ordered to do so by the Board and take the findings of the report into account. (6) All dispositional orders passed by the Board shall necessarily include an individual care plan for the concerned juvenile, prepared by a Probation Officer or Voluntary Organization on the basis of interaction with the juvenile and his family wherever possible. The responsibility of implementing individual care plan shall lie with the District Child Protection Unit. (7) Board, in its dispositional order shall indicate next date of hearing for monitoring the implementation of dispositional order and such date of hearing shall be fixed on any day before expiry of 30 days from the date of passing of dispositional order. Board shall continue to monitor the implementation of its dispositional order and progress of implementing the individual care plan by having such periodic hearings, at least once a month, till such time when Board is satisfied that the juvenile has been rehabilitated and further continuance of proceeding in his respect is not required. (8) For hearings prescribed under Sub-Rule (7), juvenile shall be required to be present before the Board and shall participate in the proceedings and if a juvenile has been placed in an institution, Board shall order such institution to produce the juvenile on such dates. (9) Whenever Board is satisfied that the individual care plan prepared for a juvenile needs any modification or change, it may do so by conducting a review of individual care plan in consultation with the juvenile, Child Welfare Officer or Probation Officer as the case may be and his parents or guardians as the case may be. (10) Where the Board decides to release the juvenile after advice and admonition or after participation in group counselling or orders him to perform community service, necessary direction may also be made by the Board to the District or State Child Protection Unit or the concerned Government authority for arranging such individual counselling, group counselling and community service and shall be required to furnish a report to the Board on completion of individual counselling or group counselling or community service, as the case may be. (11) The parent or guardian or fit person in whose care, supervision and custody a juvenile is placed by the Board, may be required to submit a written undertaking in a prescribed Form-VII for the good behaviour and well being of the juvenile up to a period of three years. (12) The Board may order release of a juvenile in conflict with law on execution of a personal bond without surety in Form-VIII. (13) In the event of placement of a juvenile in conflict with law in care of a fit institution or special home, the Board shall keep in mind that the fit institution or special home is located nearest to the place of residence of the juvenile's parent or guardian. (14) Where the Board decides that a juvenile in conflict with law ought to be treated as a child in need of care and protection, it shall make necessary orders for production of such juvenile before the nearest committee for suitable care, protection and rehabilitation. (15) Where it appears to the Board that the juvenile in conflict with law has not complied with probation conditions, it may order the juvenile to appear for a review hearing and after review and hearing the juvenile, Board may send such juvenile to a special home or any fit institution. (16) Where a juvenile in conflict with law who has attained the age of sixteen years and the offence committed by him is of such a serious nature that in the satisfaction of the Board, it is neither in the interest of the juvenile himself nor in the interest of other juveniles of the special home or fit institution, the Board may order the juvenile to be kept in a place of safety and in a manner considered most appropriate by it. (17) The Government shall make arrangement for complying with the placement of juveniles in conflict with law in place of safety other than the special home. (18) The maximum period of institutionalisation of a juvenile in a special home or a fit institution shall not exceed three years or as provided in clause (g) of sub-section (1) of section 16 of the Act. ### 18. Institutions for juveniles in conflict with law. (1) The Government or the voluntary organisation recognized by the Government shall set up separate observation homes or special homes for boys and girls. (2) The observation homes or special homes shall set up separate residential facilities for boys and girls up to 12 years, 12-16 years and 16-18 years. (3) Every institution shall have a copy of the Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act, 2013 and its rules, readily available for use by both staff and juveniles residing therein. (4) The Government shall in collaboration with civil society develop and make available simplified and child-friendly versions of the Act and the rules in regional languages. (5) All facilities and services for juveniles shall be made available and maintained as per the provisions of Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act, 2013 and the rules framed thereunder. ### 19. Release of juvenile. (1) The Officer Incharge or Superintendent shall maintain a roster of the cases of juveniles to be released on the expiry of the period as ordered by the Board. (2) The release shall be as per the individual care plan prepared in the prescribed Form-IX by the Probation Officer or Social Worker as the case may be. : (3) The Management Committee shall review the pre-release preparation of the juvenile as per the Individual Care Plan. (4) The Officer Incharge or Superintendent shall provide prior information to the parent or guardian of the release of a juvenile including the exact date of release and the parent or guardian shall be invited to the institution to take charge of the juvenile on that date. (5) The actual to and fro expenses incurred by the parents or guardians on the journey by the most economical mode of transportation may be paid to the parent or guardian by the Officer Incharge at the time of the release of the juvenile, if deemed fit by the officer. (6) If the parent or guardian fails to come or unable or incapacitated to come to take charge of the juvenile on the appointed date of the release, the juvenile shall be handed over against proper receipt to his parent or guardian by an escort from the institution; and in case of a girl, such escort shall be accompanied by an adult female. (7) At the time of release or discharge, a juvenile may be provided with a set of summer or winter clothing, if the Officer Incharge deems it necessary. (8) The Officer Incharge shall immediately order the discharge of any juvenile, the period of whose institutionalisation has expired, and give intimation thereof to the competent authority within seven days of such order. (9) If the date of release falls on a public holiday, the juvenile shall be released on the following working day and an entry to that effect shall be made in the register of discharge. (10) The Officer Incharge shall provide necessary support including financial assistance to the outgoing juvenile as per the post-release component of the Individual Care Plan. (11) The Officer Incharge of a girls' institution may, subject to the consent of the girl and the approval of the competent authority, help the girl with her social re-integration by way of facilitating her to avail of an after care programme or helping her with some vocation or gainful employment or helping her settle into family life according to the law in force for the time being. (12) The Government shall provide necessary funds to the Officer Incharge to discharge his duties and responsibilities under the Act and the rules. ### 20. Procedure in respect of section 20 and section 22 of the Act. (1) In the event of violation of provisions laid down under section 20 of the Act or under rule 85(C) of these rules, being brought to the notice of Board by way of an application by the juvenile or anyone on his behalf at any stage, even after the closure of proceedings in respect of such juvenile- (a) the Board shall initiate an inquiry by issuing a notice to the concerned authority or person against whom such violations are alleged, to appear before the Board and to provide such explanation as may be required by the Board ; (b) if on inquiry. Board finds that violation of the section 20 of the Act or of the provisions laid down in rule 85(C) in respect of a juvenile has been made or is likely to be made. Board shall pass orders for nullifying or prohibiting such violation and requiring such authority or person to take all such steps as may be required to undo the harm caused to the juvenile by such violation; (c) the Board, in addition to the orders prescribed under rule 20( 1 )(b), may also order for payment of such cost, as Board may deem adequate, to be paid to the juvenile by the authority or person responsible for such violation(s); (d) Where the State Commission for Protection of Child Rights or the Child Welfare Committee takes suo moto cognizance of violation under section 20 of the Act or rule 85 (C) or receives a complaint in this regard, it shall forward the complaint to the Board concerned for cognizance and inquiry. (2) In the event of violation of provisions as laid down under section 22 of the Act,- (a) the Board shall take cognizance of such violation by print or electronic media and shall initiate appropriate orders as per provisions contained in section 22 (2) of the Act; (b) where the State Commission for Protection of Child Rights or the Child Welfare Committee takes suo moto cognizance of violation under section 22 of the Act or receives a complaint in this regard, it shall forward the complaint to the Board concerned for cognizance and inquiry. ### 21. Procedure to be followed in case juvenile escapes. (1) In the event of an escape of a juvenile from the custody of a person having charge of such juvenile or from Special Home or Observation Home or place of safety as the case may be, the following action shall be taken by the concerned person or Officer Incharge within twenty-four hours :- (a) send a report of circumstances leading to such escape to the area Police Station or Special Juvenile Police Unit along with the details and description of the juvenile, including identification marks and a photograph with a copy to the Board, District Child Protection Unit and other authorities concerned ; (b) send the guards or concerned staff in search of the juvenile, at places like railway stations, bus stands and other places where the juvenile is likely to go ; (c) inform the parents or guardians about such escape ; and (d) submit a detailed report to the Board and the authorities concerned within 15 days of escape explaining the reasons for such escape and action taken thereof. (2) The Board shall issue appropriate directions, as may be necessary. ### 22. Special Offences against Juvenile or Child in conflict with law. (1) The offences against a juvenile or a child specified in sections 24 and 25 (2) shall be bailable and those specified in sections 25 (1), 26 and 27 shall be non-bailable, besides being cognizable under the provisions of the Code of Criminal Procedure Act, Samvat 1989 and the procedures in this regard as laid down herein shall apply on the Police, the Court concerned and other authorities and functionaries accordingly. (2) Where a special offence under sections 24,25,26 and 27 of the Act or a similar offence under any other law is committed against a juvenile or a child by an adult, then, notwithstanding anything contained in any law for the time being in force, the offender shall be tried in a court competent to try offences against children : Provided that where such offences are committed by a juvenile or a child, then, notwithstanding anything contained in any other law for the time being in force, the juvenile or child shall be treated and order shall be passed as per the provisions of this Act and these rules. ### 23. Constitution of Child Welfare Committee. (1) The Child Welfare Committee constituted under section 30 shall consist of a Chairperson and four members, of whom one shall be women and the other an expert on matters concerning children. (2) The Chairperson and Members of the Committee shall be appointed on the recommendation of a Selection-cum-Oversight Committee set up by the Government. ### 24. Tenure of the Chairperson and Members of the Committee. (1) The Chairperson and Members of the Committee shall hold office for a period of three years. (2) With a view to ensure continuity on completion of the tenure of the Chairperson and Members of the Committee, the Government shall. before the expiry of their respective terms, appoint new Chairperson and members as per recommendation of the Selection-cum-Oversight Committee. (3) The Chairperson and members of the Committee shall be eligible for re-appointment up to three consecutive terms or tilt they attain the age of 65 years, whichever is earlier. (4) The Chairperson and members may resign at any time by giving one month's notice in writing. (5) Extension of tenure of the Chairperson and Members of the Committee may be recommended by the Selection-cum-Oversight Committee on the basis of their performance appraisal by the District Child Protection Unit. (6) For objective performance appraisal of the Chairpersons and Members of the Committee, the Government shall develop a standard performance appraisal system. (7) Any causal vacancy in the committee may be filled by appointment of another person out of the panel prepared by the Selection-cum-Oversight Committee as per merit. (8) The panel prepared by the Selection-cum-Oversight Committee at the time of selection of the Chairperson and Members shall be valid for two years. ### 25. Qualifications for Chairperson and Members of the Committee. - A person shall be eligible for appointment as Chairman or Member of the Committee, if he possess the following qualification :- (a) post-graduate degree in social work, psychology, child development, education, sociology, law, criminology, etc. and where such a person is not available, a person with at least a graduate degree in any of the social science disciplines ; (b) minimum seven years of experience of working on children's issues; (c) not less than 35 years of age ; and (d) a Chairperson shall also have at least 5 years of administrative experience. ### 26. Conditions for selection as a Chairperson or Member of the Committee. - A person shall not be appointed as Chairperson or Member of the Committee, if he/she- (a) has a previous conviction record ; (b) has been involved in any immoral act or in an act of child abuse or employment of child labour; and (c) is holding such full time occupation that may not allow him/her to give necessary time and attention to the work of the committee as per the Act and its rules. ### 27. Conditions for disqualification as a Chairperson or Member of the Committee. (1) The Chairperson and/or a Member of the Committee shall be disqualified, if he/she- (a) fails to attend the proceedings of the committee for three consecutive months without any valid reason ; (b) fails to attend a minimum of three-fourths of the sittings of the committee in a quarter. (2) If it is brought to the knowledge of the Selection-cum-Oversight Committee that the Chairperson or Member of the Committee so appointed misrepresented his qualification and experience at the time of selection, the Government shall, after due enquiry conducted by the Selection-cum-Oversight Committee and on establishment of such fact, declare the appointment of such Chairperson and Member null and void. ### 28. Allowances. - The Chairperson and Members of the Committee shall be paid such travel and sitting allowance, as the Government may decide from time to time, but not less than Rs. 1500.00 per sitting for the Chairperson and Rs. 1000.00 for the other Members of the Committee. ### 29. Sitting of the committee. (1) The committee shall hold its sittings in the premises of a Children's Home or, at a place in proximity to the Children's Home or, at a suitable premise in any institution run under the Act. (2) The premises where the committee holds its sittings shall be child-friendly and shall not look like a court room in any manner whatsoever; for example, the committee shall not sit on a raised platform and the sitting arrangement shall be uniform, there shall be no witness boxes etc. (3) The committee shall conduct its sittings on all working days of a week unless the case pendency is less in a particular district and Government issues a notification in this regard. (4) Chairperson and every Member of the Committee shall attend a minimum of three fourth of all sittings every month. (5) The working hours of the committee shall be as per prevailing Government rules in this regard. (6) Three members of the committee including Chairperson shall constitute Quorum of the committee for a sitting. (7) In the absence of the Chairperson, he shall nominate any member of the committee as the officiating Chairperson. ### 30. Powers and functions of the committee. - The committee shall have the power to- (a) take cognizance of and receive children in need of care and protection; (b) conduct inquiry under section 34 of the Act and decide on matters related to Children in need of care and protection brought before the committee ; (c) direct the Welfare Officers or Probation Officers or NGOs to conduct social enquiry of the child in need of care and protection and submit report to the committee ; (d) take suo moto cognizance of and reach out to such children in need of care and protection who are not in a position to be produced before the committee, with support from the DCPU or SCPS or concerned Government authority as the case may be ; (e) ensure necessary care and protection, including immediate shelter; (f) direct Welfare Officers or Probation Officers or NGOs as the case may be, to prepare a child care plan for every child placed in their care and protection ; (g) ensure appropriate rehabilitation and restoration of the child and follow-up the child care plan ; (h) direct the Officer Incharge of children's homes to receive children requiring shelter and care ; (i) document and maintain detailed case record along with a case summary of every case dealt by the committee ; (j) recommend fit institutions' to the concerned Government authority for the care and protection of children ; (k) declare 'fit persons' as per Rule 58 ; (l) keep information about and take necessary follow-up action in respect of missing and found children in their jurisdiction ; (m) liaison with the Board in respect of cases needing care and protection ; (n) monitor all institutional and non-institutional child care services for children in need of care and protection within their jurisdiction and make appropriate recommendations to the DCPU or SCPS or concerned Government authority as the case may be ; (o) co-ordinate with the Police, Labour Department and other agencies involved in the care and protection of children with the support of DCPU or SCPS or concerned Government authority; (p) liaison and network with the corporate sector and NGOs for any of the above, including for social enquiry, restoration and rehabilitation etc., as and when required ; (q) maintain a suggestion box in the premises of the committee to encourage inputs from children and adults alike and take necessary action ; and (r) forward to the Board, any complaint in respect of violation of section 20 or section 22 of the Act or of Rule 85 (C) of these rules in respect of a child in need of care and protection. ### 31. Procedure etc. in relation to committee. (1) Procedure in relation to committee shall consist of- (a) the quorum for the meeting shall be three members attending,' which may include the Chairperson; (b) any decision taken by an individual member, when the committee is not sitting, shall require ratification, modification or revocation by the committee in its next sitting ; (c) prior to disposal of cases the committee shall take into consideration the age, physical and mental health, opinion of the child and his parents or guardians, recommendation of the Child Welfare Officer or Probation Officer or NGO; and' (d) for final disposal of a case, the order of the committee shall be signed by at least three members, including the Chairperson. (2) The identity of the person or organisation producing a child before the committee may be kept confidential, if the person or organisation so desires. (3) A child under two years of age shall be produced before the committee within twenty-four hours, excluding the journey time, unless the child is medically unfit. In that case, the person or the organization shall send a written report along with the photograph of the child to the committee within twenty-four hours and produce the child before the committee as soon as the child is medically fit. (4) Jurisdiction as decided by the Government must be followed by the CWCs and no matter pertaining to jurisdiction of another CWC should be dealt with unless in emergency or in the best interest of the child. However, the CWC may guide the child or agency concerned to the appropriate CWC. Where a CWC finds it imperative to deal with a case otherwise belonging to different jurisdiction, it shall record reasons and special circumstances under which the case was attended in-writing. (5) In case a child is produced before a single member of the committee, any order passed shall be placed by such member before the committee in the next sitting for ratification, modification or revocation by the committee as the case may be. (6) In case of any difference of opinion among the members of the committee in the interim or final order, the opinion of the majority shall prevail, provided that where there is no such majority, the opinion of the Chairperson, shall prevail. The dissenting views, if any, shall be recorded in the orders passed by the committee. (7) The committee must interact with the child and the child's version must be recorded in writing whenever the child appears before the committee if he is in the position to give his version. (8) In case the committee is not sitting, the child shall be taken by an NGO or Childline or Police to an appropriate institution for children covered under the Act with all the necessary documents and placed in such institution till the time of production before the committee. The concerned institution shall produce the child before the committee within twenty-four hours. In such cases, it may not be necessary for the person who brings a child in need of care and protection to an institution to be present at the time of production of the child before the committee. (9) No demand for providing security staff or guards or police staff shall be made by the institution where the child is taken by the Police or Childline or by an NGO. (10) Each committee shall send quarterly information about children in need of care and protection received by them to the District or State Child Protection Society or concerned Government authority. (11) In cases where a recognized voluntary organization or any police personnel produce a child before the committee, it shall submit a report on the circumstances under which the child came to their notice and efforts made by them for tracing the family of the child. (12) Children shall be provided a child-friendly environment during the proceedings of the committee. (13) The committee shall avail services of lawyers, social workers and counsellors for children in need of such assistance with support from State Legal Services Authority or DCPU or SCPS or any such agency willing and having requisite expertise. (14) General medical or gynaecological examination of children shall not be a prerequisite for production of the child before the committee or admission in an institution. (15) The committee shall send the child to the designated place of safety, with age and gender appropriate facilities during pendency of inquiry. In such eventuality, the DCPU or State Child Protection Unit shall provide transport or make necessary budgetary allocations for such expenses based on the actual fare. (16) The child may be escorted by the police officer or representative of the voluntary organization or by any other arrangement as considered appropriate by the committee with support from the DCPU. In case of a girl child, an appropriate female escort shall accompany the child. (17) A list of all recognized child care institutions along with their capacity and appropriate facilities as prescribed under section 35 of the Act, a list of all children related resource services and contact details of all Child Welfare Committees across the country shall be provided to the committee by the District Child Protection Unit or concerned Government authority. All such information mentioned shall be updated every six months by DCPU or SCPS or concerned Government authority. (18) The committee may, while making an order placing a child under the care of a parent, guardian or fit person, as the case may be, direct such parent, guardian or fit person to enter into a bond in Standard Format Annexed as Form-X. (19) Whenever the committee orders a child to be kept in an institution, it shall forward to the Officer Incharge of such institution a copy of its order, in Standard Format Annexed as Form-XI with particulars of the home and parents or guardian and previous record. (20) The child shall be lodged in an institution closest to where his parents or guardians belong as far as possible. ### 32. Procedure for inquiry. (1) When a child is brought before the committee, the committee shall assign the case to a social worker or case worker or child welfare officer or as the case may be, of the committee or institution or any recognized agency for conducting the inquiry. (2) The direction for the inquiry under sub-rule (1) of this rule shall be given in Standard Format Annexed as Form-XII. (3) The committee shall direct the concerned person or organization about the details or particulars to be enquired into for developing an individual care plan and suitable rehabilitation as per Form-XIII. (4) All inquiries conducted by a social worker or case worker or child welfare officer of the institution or any recognized agency shall assess the family situation of the child in detail and report in writing whether it would be in the best interest of the child to restore him to his family. (5) The inquiry must be completed within four months unless special circumstances do not permit to do so in the interest of the child, and for which the reason shall be recorded in writing by the committee. (6) After completion of the inquiry, if, the child is under orders to continue in the children's home, the committee shall direct the Officer Incharge of the home to submit quarterly progress report of such child and the committee shall interact with the child for biannual review of the progress of the child. ### 33. Children's Home. (1) The Government may, either by itself or in association with voluntary organizations, shall set up separate homes for children in need of care and protection, in the manner specified below :- (a) all children's homes shall be registered as child care institutions under section 35 (3) of the Act; (b) all children's homes shall be certified as per the procedure laid down in rule 68 ; (c) all children's homes shall report to the concerned committee about every child in need of care and protection received by them within 24 hours excluding journey time in a Standard Format Annexed as Form XIV ; (d) children of both sexes below 12 years may be kept in the same home but separate facilities shall be maintained for boys and girls in the age group of 6 to 12 years ; (e) every Children's homes shall include separate facilities for children in the age group of 0-6 years with appropriate facilities for the infants ; (f) separate children's homes shall be set up for boys and girls in the age group of 12 to 18 years ; (g) children in the age group of 12 to 18 shall be further segregated into two groups of 12 to 16 years and 16 to 18 years ; (2) Every children home shall be a comprehensive child car and protection centre with the primary objective to promote an integrated approach to child care and protection by involving the community and ocal voluntary Organisations through the management committee. The DCPU or SCPS or concerned Government authority shall make an annual performance review of functioning of the children's homes. Performance review shall be done strictly as per the quality standards of care and protection as laid down in these rules. (3) The activities of such childrenc's home or child care institutions shall focus on- (a) preparing and following individual care plans for every child, specifically addressing the child's physical, psychological, emotional, educational, protection and special needs, if any, including skill development; (b) family based non-institutional services, such as, foster family care, kinship care and sponsorship ; (c) specialized services in conflict or disaster affected areas to prevent neglect by providing family counselling, sponsorship, play groups, creches, day care centres and such child-friendly spaces as needed ; (d) emergency outreach service through child-line (1098); (e) linkages with Integrated Child Development Services (1CDS) to cater to the needs of children below six years ; (f) linkages with organizations and individuals who can provide support services to children ; and (g) opportunities to volunteers willing to provide various services for children. ### 34. Shelter Homes. (1) For children in urgent need of care and protection, such as destitute, street children and runaway children, the Government shall support creation of requisite number of shelter homes through voluntary organizations in each district. (2) Shelter homes and drop-in-centres shall include,- (a) short-stay homes for children needing temporary shelter, care and protection for a maximum period of one year; (b) transitional homes providing immediate care and protection to a child for a maximum period of four months; (c) shelter homes for children needing day care and night shelter facility; and (d) open shelters in urban and semi-urban areas for children in vulnerable situations and those in need of care and protection. (3) The shelter homes and drop-in-centres shall have the minimum facilities of boarding and lodging, besides the provision for fulfilment of basic needs in terms of clothing, food, healthcare and nutrition, safe drinking water and sanitation as per the quality standards of care and protection laid down under these rules. (4) There shall be separate shelter homes for girls and boys as per rule 33 (1) of these rules. (5) All shelter homes shall have the requisite facilities for education, vocational training and recreation as per the quality standards of care and protection laid down under these rules. (6) The Committee, Special Juvenile Police Units, public servants. Child-line, voluntary organizations, social workers and the children themselves may refer a child to such shelter homes. (7) All she her homes shall submit a report of children using the shelter home facility along with a photograph of the child to the committee, the missing persons bureau or Special Juvenile Police Unit and the District Child Protection Unit or State Child Protection Society within 24 hours of registration of the child. (8) The requirements of producing a child received by a shelter home before the committee, inquiry and disposal under sections 33,38 and 39 of the Act shall apply only to shelter homes specified in rule 34 (2) (a). (9) The services of Officer Incharge, Child Welfare Officer and social worker shall be provided for the proper care, protection, development, rehabilitation and reintegration needs of children in shelter homes. Chapter III Rehabiliation and Social Reintegration ------------------------------------------------------- The primary aim of rehabilitation and social reintegration is to help children restore their dignity and self-worth and mainstream them through rehabilitation within the family where possible, or otherwise through alternate care programmes. Long-Term institutional care shall be the last resort. ### 35. Sponsorship. (1) Government shall prepare sponsorship programme consultation with the NGOs, Child Welfare Committees, other relevant Government agencies and the corporate sector in order to prevent family separation, reduce institutionalization of children and enable a nurturing family environment for every child. (2) Sponsorship shall include the following :- (i) Individual Sponsorship- (a) a child found to be living with his family in conditions of extreme deprivation where the income of such family does not exceed Rs. 2150 per month may be supported through individual sponsorship in order to prevent them from destitution or as a measure of juvenile crime prevention. (b) a child in an institution who can be restored to his family may be supported through individual sponsorship in order to facilitate deinstitutionalization and prevent re- institutionalization. (ii) Group or Community Sponsorship- (a) two or more children found to be living with their family in conditions of extreme deprivation where the income of such family does not exceed Rs. 2150 per month may be supported through group sponsorship in order to prevent them from destitution or as a measure of juvenile crime prevention. t (b) two or more children temporarily placed in an institution may be supported through group sponsorship in order to fulfil their education, health, nutrition and other development needs. (c) two or more children, especially siblings or children belonging to similar geographical locations uprooted from their families and community due to disaster or such other unforeseen circumstances may be jointly placed in the community with a family willing to receive such children and supported through community sponsorship to meet their education, health, nutrition and other development needs. (3) The District Child Protection Unit or State Child Protection Society shall, with the help of the Committee or Board as the case may be, or SJPU or Child-line or Village Level Child Protection Committees, identity children requiring sponsorship to support their education, health, nutrition and other development needs. (4 ) The District Child Protection Unit or State Child Protection Society shall, with the help of the Committee or Board as the case may be, or SJPU or Child-line or Village Level Child Protection Committees, identify suitable families and institutions requiring sponsorship support to take care of education, health, nutrition and other development needs of children placed in their care and protection. (5) This list of families and children to be supported through sponsorship shall be revised every year. (6) The Government shall in consultation with NGOs, Child Welfare Committees, other relevant Government agencies and the corporate sector, prepare guidelines for sponsorship, including setting of criteria for identification and selection of children, families and institutions suitable for sponsorship, utilization of sponsorship fund received by them, monitoring and follow-up. (7) The children's homes and special homes shall promote sponsorship programmes for de-institutionalization of children as laid down in section 42 of the Act. (8) The institutions receiving support for children in the form of individual or group sponsorship shall maintain proper and separate accounts of all the receipts and payments for the programme. (9) The Board or the Committee as the case may be, shall make an order for sponsorship support in Form-XV, for support to a juvenile or child and the Officer Incharge of the institution as well as the District Child Protection Unit or the State Child Protection Society shall duly maintain the records in a register. (10) Government may create a Sponsorship Fund with the District Child Protection Unit or the State Child Protection Society to disburse the sponsorship money to eligible families or institutions as per orders of the Committee or the Board as the case may be. (11) The District Child Protection Unit or State Child Protection Society shall supervise the sponsorship programme through regular follow-up and monitoring of the progress of the child sent periodic reports to the Government. ### 36. After Care Organisation. (1) After care programmes shall be made available by the District or Slate Child Protection Society in collaboration with voluntary organizations for juveniles or children after they leave special homes and children's homes and who have no home, or settled place or abode and are without any ostensible means of subsistence. (2) The objective of these programmes or organisations shall be to enable such children move away from an institution-based life and reintegrate into the society. (3) The Board or the Committee shall pass an order in Form-XVI for placing a juvenile or a child under the after care programme to ensure their rehabilitation and social reintegration. (4) A copy of such order shall be sent to the DCPU or SCPS or concerned Government as the case may be, who shall be responsible for arranging after care. (5) The Board or the Committee as the case may be shall have jurisdiction over persons placed in aftercare programmes for purposes of monitoring their progress. (6) The key components of the programme shall include- (a) Community group housing on a temporary basis. (b) Community group housing shall include a maximum of 6 to 8 youths in each group who opt to stay together and one peer counsellor fora cluster of five groups. (c) Encouragement to learn a vocation or avail apprenticeship or gain employment as the case may be. (d) Encouragement to contribute towards the costs of group housing and joint living and gradually sustain themselves without State support and move out of the group housing to live independently. (e) Provision for a peer counsellor to stay in regular contact with these groups to discuss their rehabilitation plans and provide creative outlets for their energy and to tide over crisis periods in their life. (f) Provision for personality development and career development programmes. (g) Facilitate admission to appropriate higher education and training courses. (7) During the course of apprenticeship or vocational training a minimum stipend @ Rs. 1500 per month shall be provided subject to revision from time to time. (8) Loans may be arranged in an after care programme for the youth aspiring to set up their own enterprise after due assessment of the proposal made by them in this regard. ### 37. Linkages and co-ordination. (1) The Government shall circulate a copy of the Act and the rules framed thereunder to establish effective linkages between various Government, Non-Government, corporate and other community agencies for facilitating the rehabilitation and social reintegration of juveniles or children through the Board or Committee as the case may be. (2) The Government with the help of District Child Protection Unit or State Child Protection Society shall identify the roles and responsibilities of each department at State, division and district levels for effective implementation of the Act and the rules and notify the same. (3) The Government with the help of District Child Protection Unit or State Child Protection Society shall arrange for appropriate training and sensitization of functionaries of these departments from time to time in co-ordination with National Institute of Public Cooperation and Child Development (N1PCCD) or any such State level institutions recognised and designated by the Government. (4) Government with the help of District Child Protection Unit or State Child Protection Society shall develop effective networking and linkages with local NGOs for specialized services and technical assistance like vocational training, education, healthcare, nutrition, mental health intervention, drug de-addition, legal aid and such other services for rehabilitation and reintegration of juvenile's and children. Chapter IV Standards of Institutions for Care and Protection ----------------------------------------------------------------- ### 38. Physical infrastructure. (1) The homes for juveniles in conflict with law and children in need of care and protection shall function from separate premises which should he accessible to persons with special needs. The accommodation in each institution shall be as per the following criteria:- (a) Observation Home - There shall, be separate observation homes for girls and boys ; (b) Reception unit- (i) Every juvenile who is sent to an observation home shall be initially kept in a unit to be designated as a reception unit as provided in section 9 (4) of the Act; (ii) Juveniles shall be classified and segregated according to the following age groups :- (a) 7-12 years ; (b) 12-16 years; and . (c) 16-18 years. (iii) For the classification and segregation of juveniles due consideration shall be given to their physical and mental status and degree of their alleged offence. (c) Special Home- (i) There shall be separate special homes for girls and boys ; (ii) Juveniles committed to special homes shall be classified and segregated according to the following age groups - (a) 7-12 years; (b) 12-16 years ; (c) 16-18 years ; (d) Children's Home- (i) There shall be separate children's homes for girls and boys; (ii) Juveniles committed to children's homes shall be classified and segregated according to the following age groups:- (a) 0-6 years ; (b) 6-i 2 years ; (c) 12-16 years; (d) 16-18 years. (e) Shelter Home- (i) there shall be separate Shelter Homes for girls and boys; (ii) juveniles committed to Shelter Homes shall be classified and segregated according to the following age groups (a) 0-6 years (b) 6-12 years (c) 12-16 years (d) 16-18 years (2) The norms for building or accommodation for an institution with 50 juveniles or children may be as under:- (a) Rooms; Each I60sq. ft. for minimum 4 juveniles or children i. e. 2000 sq. ft.; or (b) Two Dormitories: Each 1000 sq. ft. for 25 juveniles or children i. e. 2000 Sq. ft. ; (c) Two Classrooms: 300 Sq. ft for 25 juveniles or children ; (d) Workshop : 75 Sq. ft. per juvenile or child; (e) Sick room First aid room : 75 Sq. ft. per juvenile or children for 10 i.e. 750 Sq.ft.; (f) Kitchen; 250 Sq. ft.; (g) Dining Hall: 800 Sq.ft.; (h) Store : 250 Sq. ft.; (i) Recreation room : 300 Sq. ft.; (j) Library : 500 Sq. ft.; (k) Five Bathrooms : 25 Sq. ft. each i. e. 125 Sq. ft.; (l) Eight toilets or latrines : 25 Sq. ft. each i. e. 200 Sq. ft.; (m) Counselling and guidance room: 120 Sq. ft.; (n) Office-Incharge room : 200 sq. ft.; (o) Residence for Office-Incharge : (a) 2 rooms of 250 Sq. ft. each, (b) kitchen 75 Sq.ft., (c)bathroom-cum-toilet or latrine 50 sq. ft. ; (p) Playground: Sufficient playground area shall be provided in every institution according to the sanctioned capacity of the institution; (q) Reception Dormitory; 200 Sq. ft. reception dormitory to keep the new children who are sent to the home separate from those who have been there for longer period. (3) For every observation home, special home, children's home and shelter homes, as the case may be, the minimum standards of accommodation are prescribed as under :- (a) Rooms : Each 160 sq. ft. for minimum 4 juveniles or children or child Dormitory: 25 juvenile or child : (b) Classroom : 300 sq. ft for 25 juvenile or child ; (c) Workshop : 75 sq. ft. per juvenile ; (d) Playground : Sufficient playground area shall be provided in every institution according to the sanctioned capacity of the institution. (4) There shall be proper and smooth flooring for preventing accidents. (5) There shall be adequate lighting, ventilation, heating and cooling arrangements, drinking water and toilets, in terms of gender and age appropriateness and accessibility to persons with disability. (6) All institutions under the Act shall be provided land line phone connection, at least one vehicle, first aid kit, fire extinguishers in kitchen, dormitories, store rooms etc., periodic review of electrical installations, proper storage and inspection of articles of food stuffs, stand by arrangements for water storage and emergency lighting. (7) Observation homes and special homes shall be child-friendly, disable friendly and in no way shall look like a jail or lock-up. (8) There shall be a special room for meeting with family members or guardians or others after seeking prior permission from the Officer Incharge. ### 39. Clothing and Bedding. - The clothing and bedding shall be as per the following scale and climatic conditions. The requirements of each juvenile or child and the minimum standards for clothing and bedding are laid down in Schedule I of these rules. ### 40. Sanitation and Hygiene. - Every institution shall have the following facilities:- (a) sufficient treated drinking water ; water filters shall be installed; (b) sufficient water for bathing and washing clothes, maintenance and cleanliness of the premises ; (c) proper drainage system ; (d) arrangements for disposal of garbage ; (e) Protection from mosquitoes ; (f) annual pest control; (g) sufficient number of well-lit and airy toilets in the proportion of at least one toilet for seven children ; (h) sufficient number of well-lit and airy bathrooms in the proportion of at least one bath room for ten children ; (i) sufficient space for washing ; (j) clean and fly-proof kitchen and separate area for washing utensils; , (k) sunning of bedding and clothing; (l) maintenance of cleanliness in the Medical Centre ; (m) daily sweeping and wiping of all floors in the home; (n) washing of the toilets and bathrooms twice every day ; (o) proper washing of vegetables and fruits and hygienic manner of preparing food; (p) cleaning of the kitchen slabs, floor and gas after every meal; (q) clean and pest proof store for maintaining food articles and other supplies; (r) Disinfection of the beddings at least once a year. ### 41. Daily Routine. (1) Every institution shall have a well regulated daily routine for the juveniles or children, which shall be prominently displayed at various places within the institution specified in Schedule II. (2) The daily routine shall provide, inter alia, for a regulated and disciplined life, personal hygiene and cleanliness, physical exercise, educational classes, vocational training, organized recreation and games, moral education, group activities, prayer and community singing and special programmes for Sundays and holidays. ### 42. Nutrition and Diet Scale (a) The children shall be provided 4 meals in a day including breakfast; (b) The menu shall be prepared with the help of a nutritional expert or doctor to ensure balanced diet and variety in taste as per the minimum nutritional standard and diet scale set out in Schedule II of these rules ; (c) Every institution under this Act shall strictly adhere to the minimum nutritional standard and diet scale specified in Schedule III; (d) Juveniles or children may be provided special meals on holidays and festivals; (e) Infants and sick juveniles or children shall be provided special diet according to the advice of the doctor on their dietary requirement. ### 43. Medical Care. - Every institution shall- (a) maintain a medical record of each juvenile or child on the basis of monthly medical check-up and provide necessary medical facilities; (b) ensure that the medical record includes weight and height record, any sickness and treatment, and other physical or mental problem; (c) have arrangement for the medical facilities, including a doctor on call available on all working days for regular medical checkups and treatment of juveniles/children ; (d) have sufficient medical equipments to handle minor health problems including first aid kit with stock of emergency medicines and consumables, etc.; (e) train all staff in handling first aid; (f) tie-up with local PHC or Government hospital, medical colleges, other hospitals, clinical psychologists and psychiatrists and mental health institutes for regular visits by their doctors/students and for holding periodic health camps within the institutions; (g) make necessary arrangements for the immunization coverage ; (h) ensure segregation of juveniles or children in the event of break out of contagious or infectious diseases ; (i) set up a system for referral of cases with deteriorating health or serious cases to the nearest civil hospital or recognised treatment centres ; (j) keep sick children under constant medical supervision; (k) admit a juvenile or child without insisting on a medical certificate at the time of admission ; (l) arrange for a medical examination of each juvenile or child admitted in an institution by the Medical Officer within 24 hours and in special cases as soon as possible ; (m) arrange for a medical examination of the juvenile or child by the Medical Officer at the time of transfer within 24 hours before transfer ; (n) not carry out any surgical treatment on any juvenile or child without the previous consent of his parent or guardian, unless either the parent or guardian cannot be found and the condition of the juvenile or child is such that any delay shall, in the opinion of the medical officer, involve unnecessary suffering or injury to the health of the juvenile or child, or otherwise without obtaining a written consent to this effect from the Officer Incharge of the institution ; (o) provide or arrange for regular counselling of every juvenile or child and ensure specific mental health interventions for those in need of such services ; (p) refer such children who require specialized drug abuse prevention and rehabilitation programme, to an appropriate centre administered by qualified personnel. These programmes shall be adapted to the age, gender and other specifications of the concerned child. ### 44. Mental Health. (a) a mental health record of every juvenile or child shall be maintained by the concerned institutions ; (b) both milieu based therapy and individual therapy are must for every child and shall be provided in all institutions; (c) the environment in an institution shall be free from abuse, allowing juveniles or children to cope with their situation and regain confidence; (d) all persons involved in taking care of the juveniles or children in an institution shall participate in the milieu therapy and cooperate with the therapists ; (e) individual therapy is a specialized process and each institution shall make provisions for it as a critical mental health intervention; (f) every institution shall have the services of trained counsellors or collaboration with external agencies such as child guidance centres, psychology and psychiatric departments or similar Government and Non-Governmental agencies, for specialized and regular individual therapy for every juvenile or child in the institution; (g) a mental healthcare plan shall be developed for every juvenile or child by the child welfare officers in consultation with mental health experts associated with the institution and integrated into the individual care plan of the concerned juvenile or child; (h) recommendations of mental health experts shall be maintained in every case file and integrated into the care plan for every child; (i) all care plans shall be produced before the Management Committee every month and before the Child Welfare Committee every quarter. ### 45. Education. - Milieu based therapy is a process of recovery, which starts through the culture and environment in an institution and has a critical emotional impact on the child- (a) Every institution shall provide education to all juveniles or children according to the age and ability, both inside he institution or outside, as per the requirement; (b) Extra coaching shall be made available to school going children in the institutions by encouraging volunteer services and/or tying up with coaching centres. ### 46. Vocational Training. (a) Every institution shall provide gainful vocational training to juveniles or children; (b) Institutions shall develop networking with Institute of Technical Instruction (ITI), Jan Shikshan Sansthan, Government and Private Organization or Enterprises, Agencies or Non- Governmental Organisations (NGOs) with expertise or placement agencies ; (c) Superintendent of the institution shall make reasonable efforts for placement of children 16-18 years of age as an apprentice. ### 47. Recreation facilities. (a) Provision of guided recreation shall be made available to all juveniles or children in the institutions; (b) It shall include indoor and outdoor games, music, television, picnics and outings, cultural programmes, library, computer facilities etc, ### 48. Institutional management of juveniles or children. (1) The following procedure shall be followed in respect of the newly admitted juveniles;- (a) receiving and search ; (b) disinfection and storing of juvenile's personal belongings and other valuables; (c) bath and haircut (unless prohibited by religion); (d) issue of toiletry items; new set of clothes, bedding and other outfit and equipment (as per scales); (e) medical examination and treatment where necessary and in case of every juvenile suspected to be suffering from contagious or infectious diseases, mental ailments, addiction, etc. ; (f) segregation in specially earmarked dormitories or wards or hospitals in case of a child suffering from contagious disease requiring special care and caution ; (g) attending to immediate and urgent needs of the juveniles like appearing in examinations, interview letter to parent(s), personal problems etc., and verification by the Officer Incharge of age of juvenile as per order of the Board. (2) Every newly admitted juvenile or child shall be allotted a case worker from amongst the probation officers or child welfare officers or social workers or counsellors attached to the institutions or voluntary social workers/counsellors. (3) Every newly admitted juvenile shall be familiarized with the institution and its functioning and shall receive orientation in the following areas :- (a) personal health, hygiene and sanitation,; (b) institutional discipline and standards of behaviour, respect for elders, teachers etc. ; (c) daily routine, peer interaction, optimum use of developmental opportunities; and (d) responsibilities and obligations within the institution. (4) The designated officer shall enter the name of the juvenile or child in the Admission Register and allocate appropriate accommodation facility. (5) The photograph shall also be taken immediately for records and the case worker or probation officer or child welfare officer shall begin the investigation and correspondence with the person, the juvenile or child might have named. (6) The Officer Incharge shall see that the personal belongings of the juvenile or child received by the institution is kept in safe custody and recorded in the Personal Belonging Register and the item must be returned to the juvenile or child when he leaves the institution. (7) The girl juvenile or child shall be searched by a female member of the staff, and with due regard to decency and dignity of the juvenile or child. (8) The articles mentioned under rule 40 of these rules shall also be prohibited in case of institutions for children or juvenile. (9) The educational level and vocational aptitude of the juvenile admitted, may be assessed on the basis of test and interview conducted by the teacher, the workshop supervisor and other technical staff and necessary linkages may also be established with outside specialists and community based welfare agencies, psychologist, psychiatrist, child guidance clinic, hospital and local doctors, open school, Jan Sikshan Sansthan etc. (10) A case history of the juvenile or the child admitted to an institution shall be maintained as per Form- XVII, which shall contain information regarding his socio-cultural and economic background and these information may invariably be collected through all possible and available sources, including home, parents or guardians, employer, school, friends and community. (11) A well conceived programme of pre-release planning and follow- up of cases discharged from special homes shall be organized in all institutions in close collaboration with existing Governmental and voluntary welfare organizations. (12) In the event of a juvenile or child leaving the institution without permission, the information shall be sent by the Officer Incharge of the concerned institution to the police and the family, if known; and the detailed report along with the efforts to trace the juvenile or child shall be sent to the Board or the Committee as the case may be. (13) An individual care plan for every juvenile or child in institutional care shall be developed with the ultimate aim of the child being rehabilitated and re-integrated based on their case history, circumstances and individual needs. The individual care plan shall be based on following guidelines (a) The Officer Incharge, counsellor along with the child welfare officer or case worker, or social worker shall prepare an individual care plan for every child in an institution within one month of his admittance as per Form IX. All care plans shall include a plan for the juvenile's or child's restoration, rehabilitation, reintegration and follow-up; (b) The care plan shall be reviewed quarterly by the management committee set up under rule 53 of these rules for appropriate development and rehabilitation including options for release or restoration to family or foster care or adoption ; (c) Juveniles or children shall be consulted while determining their care plan ; (d) Continuity of care plan shall be ensured in cases of transfer or repatriation or restoration. ### 49. Prohibited Articles. - No person shall bring into the institution the following prohibited articles :- (a) fire arms or other weapons, whether requiring license or not (like knife, blades, lathi, spears, swords etc.); (b) alcohol and spirit of every description ; (c) bhang, ganja, opium and other narcotic or psychotropic substances; (d) tobacco ; or (e) any other article specified in this behalf by the Government by a general or special order. ### 50. Articles found on search and inspection. (1) The Officer Incharge shall see that every juvenile received in the institution is searched, his personal belongings inspected and money or any valuables and cell phone found with the juvenile is kept in the safe custody of the Officer Incharge (2) Girls shall be searched by a female member of the staff with due regard to decency and dignity. (3) In every institution, a record of money, valuables, cell phone and other articles found with a juvenile shall be maintained in the "Personal Belongings Register". (4) The entries made in the Personal Belongings Register, relating to each juvenile, shall be read over to juvenile in the presence of a witness, whose signature shall be obtained in token of the correctness of such entries and it shall be countersigned by the Officer Incharge ### 51. Custody and disposal of articles. - The money or valuables belonging to a juvenile received or retained in an institution shall be disposed of in the following manner:- (a) on an order made by the competent authority in respect of any juvenile, directing the juvenile to be sent to an institution, the Officer Incharge shall deposit such juvenile's money together with the sale proceeds in the manner laid down from time to time in the name of the juvenile ; (b) the juvenile's money shall be kept with the Officer Incharge and valuables, cell phone, clothing, bedding and other articles, if any, shall be kept in safe custody. (c) when such juvenile is transferred from one institution to another, all his money, valuables, cell phones and other articles. shall be sent along with the juvenile to the Officer Incharge of the institution to which he has been transferred together with a full and correct statement of the description and estimated value thereof; (d) at the time of release of such juvenile, the valuables and other articles kept in safe custody and the money deposited in name of the juvenile shall be handed over to the parent or guardian, as the case may be. with an entry made in this behalf in the register and signed by the Officer Incharge ; (e) when a juvenile in an institution dies, the valuable and other articles left by the deceased and the money deposited in the name of the juvenile shall be handed over by the Officer Incharge to any person who establishes his claim thereto and executes an indemnity bond ; (f) a receipt shall be obtained from such person for having received such valuables and other articles and the amount; (g) if no claimant appears within a period of six months from the date of death or escape of such juvenile, the valuables and other articles and amount shall be disposed of as per the decision taken by management committee set up under rule 53 of these rules. ### 52. Maintenance of case file. (1) The case file of each juvenile or child shall be maintained in the every institution containing the following information :- (a) report of the person or agency who produced the juvenile before the Board ; (b) Officer Incharge's, probation officer's or child welfare officer's, counsellor's and case workers report(s); (c) information from previous institution; (d) report of the initial interaction with the juvenile, information from family members, relatives, community, friends and miscellaneous information: (e) source of further information : (f) observation reports from staff members ; (g) reports from Medical Officer, drug de-addiction progress reports, progress reports vis-a-vis psychological counselling or any other mental health intervention etc. where applicable: (h) Intelligence Quotient (1. Q.) testing, aptitude testing, educational or vocational tests ; (i) social history: (j) summary and analysis by case worker and Officer Incharge ; (k) instruction regarding training and treatment programme and about special precautions to be taken : (l) leave and other privileges granted ; (m) special achievements and violation of rules, if any; (n) quarterly progress report; (o) individual care plan, including pre-release programme, post release plan and follow-up plan ; (p) leave of absence or release under supervision ; (q) final discharge; (r) follow-up reports; (s) annual photograph; (t) case history duly filled ; (u) follow-up report of post release cases as per direction of the competent authority, if any ; and (v) remarks. (2) All the case files maintained by the Institutions and the Board shall, as far as possible, be computerised and networked so that the data is centrally available to the District Child Protection Unit and the State Child Protection Unit. ### 53. Management Committee. (1) Every institution shall have a Management Committee for the management of the institution and monitoring the progress of every juvenile. (2) In order to ensure proper care and treatment as per the individual care plans, a juvenile shall be grouped on the basis of age, degree of delinquency, physical and mental health and length of stay order. (3) The Management Committee shall consist of Governing Council and Executive Council. (4) The Governing Council shall consist of the following :- (i) Deputy Director of State Child Protection Unit : Chairperson (ii) Social Worker Member of Juvenile Justice Board or Child Welfare Committee : Member (iii) A juvenile or child representative from each of the Children's Committees (on a monthly rotation basis to ens; re representation of juveniles or children from all age group ): Member (iv) Representative of Jammu and Kashmir State Legal Services Authority: Member (v) One Non-Government Organization Representative working in the area of Child Rights: Member (5) The Executive Council shall function and discharge its duties prescribed under sub-rule (7) and shall be accountable to the Governing Council and shall consist of the following persons :- (i) Officer Incharge : Member (ii) Probation Officer or Child Welfare Officer or Case Worker : Member (iii) Medical Officer : Member (iv) Psychologist or Counselor: Member (v) Workshop Supervisor or Instructor in Vocation : Member (vi) Teacher :Member (6) Pursuant to the meetings of the Management Committee the directions of the Governing Council shall be executed by the Executive Council who shall tile an action taken report before the Governing Council in the next meeting. (7) The Management Committee shall meet monthly to consider and review :- (i) custodial care, housing, area of activity and type of supervision required; (ii) medical facilities and treatment; (iii) individual problems of juveniles and children, provision of legal aid services and institutional adjustment, leading to the quarterly review of individual care plans; (iv) vocational training and opportunities for employment; (v) education and awareness ; (vi) social adjustment, recreation, group work activities, guidance and counselling; , (vii) review of progress and adjusting institutional programmes to the needs of the juveniles; (viii) planning post-release rehabilitation programme and follow-up for a period of two years in collaboration with after care services ; (ix) pre-release preparation ; (x) release; (xi) post release follow-up; (xii) food; (xiii) minimum standards of care, including infrastructure and services available; (xiv) daily routine; (xv) oversee that all registers as required under the Act and rules are maintained by the institution, check and verify these registers, duly stamped and signed in the monthly review meetings; and (xvi) any other matter which the Officer Incharge may like to bring up. (8) The Officer Incharge/Child Welfare Officer shall file a quarterly progress report of every juvenile or child in the case file and send a copy to the District Child Protection Unit. ### 54. Rewards and benefits for maintaining good behaviour. - An Officer Incharge of the institution may, as an encouragement to steady work and good behaviour, grant following rewards and benefits to the juveniles :- (a) one extra meeting with the family members in a month ; (b) special toiletry articles like deodorant or gel; (c) one home made meal in a month provided that the juvenile accepts to eat such meal separate from the other juveniles in the presence of an official of the institution to ensure that no prohibited article is passed through the meal; and (d) permission to participate in an outdoor activity under proper supervision. ### 55. Visits to and communication with juveniles. (1) The parents and relatives of the juvenile shall be allowed to visit once in a month or in special cases, more frequently at the discretion of the Officer Incharge as per the visiting hours laid down by him, provided that in case of newly received juvenile his parents, guardians or family members shall be permitted to meet juvenile on the day of their first visit. (2) The normal duration of the one parent-juvenile meeting shall be of minimum one hour but may be extended by the Officer Incharge at his discretion, (3) The receipt of letters by the juveniles of the institution shall not be restricted and they shall have freedom to write maximum of ten letters in a month at all reasonable times for which the postage shall be provided by the institution ; and the institution shall encourage that where parents, guardians or relatives are known, at least one letter is written by the juvenile every month. (4) The Officer Incharge may pursue any letter written by or to the juvenile, and may for the reasons that he considers sufficient refuse to deliver or issue the letter, may destroy the same after recording his reasons in a book maintained for the purpose. (5) The Officer Incharge shall allow juvenile to have telephonic conversation with his parent, guardian, family members, counsellor and the lawyer as the case may be under supervision of the Child Welfare Officer as and when request is made by the juvenile in this regard subject to a maximum of two calls in a week. Record of such calls shall be duly maintained in a register. ### 56. Death of a juvenile or child. - In case of death of a juvenile or child committed to an institution the procedure to be adopted shall be as under:- (i) the Officer Incharge shall, within one hour of death being reported to him, intimate the Medical Officer to examine and give a report stating the cause of death. Such death shall be reported within an hour to the nearest Police Station, the Board or Committee having jurisdiction over the child, the parents or guardians or relatives of the juvenile or-child, District Child Protection Unit, State Human Rights Commission, State Commission for Protection of Child Rights and any other concerned authority; (ii) in the event of a death of a juvenile or child in an institution it is imperative for the institution to ensure that an inquest proceeding by the Magistrate and post-mortem examination is held at the earliest and all the necessary steps in this regard shall be taken by the Officer Incharge; (iii) whenever a death occurs, the person who first notices such death shall immediately inform the Officer Incharge of the institute. (iv) the Officer Incharge and the Medical Officer at the institution shall record the circumstances of the death of the child and send a report, separately or jointly to the concerned Magistrate, the Officer Incharge of the police station having jurisdiction, the Board or the Committee and the Chief Medical Officer or Medical Head of the nearest Government Hospital where the dead body of the juvenile or child is sent for examination, inspection and determination of the cause of death. The Officer Incharge and the Medical Officer shall also record in writing their views on the cause of the death, if any, and submit it to the concerned Magistrate and the Officer Incharge of the police station having jurisdiction ; (v) the Officer Incharge and the Medical Officer shall make themselves available for any enquiries initiated by the police or the Magistrate concerning the cause of death and other details regarding such juvenile or child; (vi) as soon as the inquest is held, the body shall be handed over to the parents or guardian or relatives or, in the absence of any claimant it shall be disposed of under the supervision of the Officer Incharge in accordance with the known religion of the juvenile or child, after obtaining the permission from concerned Board or the Committee. ### 57. Abuse and exploitation of the juvenile or child. - In the event of any physical, sexual or emotional abuse, including neglect of juveniles or children in an institution the following action shall be taken :- (a) when an allegation of physical, sexual or emotional abuse comes to the knowledge of the Officer Incharge, a report shall be placed before the Board or Committee, who in turn, shall conduct a preliminary enquiry and in appropriate cases shall direct the local police station to register a FIR, take due cognizance of such occurrences and conduct necessary investigations; (b) the Board or Committee shall take necessary steps to ensure completion of all inquiry and provide legal aid as well as counselling to the juvenile or child victim ; (c) the Board or Committee may transfer such a juvenile or child to another institution or place of safety or fit person ; (d) the Officer Incharge of the institution shall also inform the Chairperson of the Management Committee and place a copy of the report of the incident and subsequent action taken before the Management Committee in its next meeting; (e) in the event of any other crime committed in respect of juveniles or children in institutions, the Board or Committee shall order for registration of a First Information Report by the local police station either suo moto or on the basis of a complaint made in this regard. ### 58. Juvenile or Child suffering from serious physical or mental disease or an addiction. (1) When a juvenile or a child placed under the care of a fit person or an in stitution under the provisions of the Act, is found to be suffering from serious physical or mental disease requiring prolonged medical treatment, or is found addicted to a narcotic drug or psychotropic substance, a report thereof shall be submitted by the Officer Incharge of the institution or the fit person to the Board or the Committee who after appropriate enquiry may refer such juvenile or child to an appropriate specialised service for proper treatment. (2) When the juvenile or the child is cured of serious physical or mental disease or addiction, the competent authority may, if the juvenile or child is still liable to stay, order the juvenile or the child to be placed back in the care of fit person or institution from where the juvenile or child was removed for treatment. If the juvenile or the child is no longer liable to be kept under the care of fit person or institution, the competent authority may order him to be discharged. (3) The order of restoration of a juvenile or a child suffering from an infectious or contagious disease to his parents or guardian shall be based on the principle of best interest of the juvenile or child, keeping in mind the risk of stigmatization and discrimination, discontinuation of treatment etc. (4) If there is no organization either within the jurisdiction of the competent authority, or nearby State for sending the juvenile or child suffering from serious physical or mental disease or addiction, as required under section 56 of the Act, necessary organization shall be set up by the Government at such places, as it may deem fit. ### 59. Leave of a juvenile. (1) The Juveniles or parents or guardian of the juvenile or the Officer Incharge on behalf of the juvenile may submit an application to the Board or Committee requesting for release of the juvenile on leave, stating clearly the purpose and period of the leave. (2) While considering the application of leave of absence, the Board or the Committee shall hear the juvenile or parents or guardians of the juvenile. If the Board or Committee considers that granting of such leave is in the interest of the juvenile, appropriate order shall be passed. The Board may call for a report from the probation officer in case the preliminary information gathered from the juvenile or parent or guardian is not sufficient for the purpose. (3) While issuing orders sanctioning the leave of absence or release under supervision, as the case may be, the competent authority shall mention the period of leave and the conditions attached to the leave order, and if any of these conditions are not complied with during the leave period, the juvenile or child may be called back to the institution. (4) While issuing orders sanctioning the leave of absence or release under supervision, as the case may be, the competent authority shall mention in the order as to who shall be responsible for escorting the child from and to the institution. The parent or guardian may be permitted to escort the juvenile from and to the institution. Where this is not possible, the Officer Incharge may be directed to either arrange for escorting the juvenile to the place of the family and back or arrange for travelling expenses as the case may be. (5) If the juvenile or child runs away from the family during the leave period, the parent or guardian is required to inform the Officer Incharge of the institution immediately, and try to trace the juvenile. If found, the juvenile shall be brought back to the institution immediately. (6) If the parent or guardian does not take proper care of the juvenile during the leave period or does not bring the juvenile back to the institution within the stipulated period, such leave may be refused on later occasions. (7) If the juvenile does not return to the institution on expiry of the sanctioned leave, the Board shall refer the case to police for taking charge of the juvenile and bring him back to the institution. (8) The period of such leave shall be counted as a part of the period of stay in the institution and the time which elapses after the failure of a juvenile to return to the institution within the stipulated period, shall be excluded while computing the period of his stay in the institution. ### 60. Inspection. (1) Inspection Committee envisaged under section 36 of the Act shall be constituted by the Government for a period of three years which shall consist of following members:- (i) Chairperson of Child Welfare Committee-(Chairperson); (ii) District Child Protection Officer-(Member-Secretary); (iii) Representative of a registered Voluntary Organisation other than an Organisation running children's home in that district; (iv) Chief Medical Officer or his representative who shall be a Medical Officer; (v) Social worker with experience of working on children issues to be nominated by the DCPU. (2) The committees will exercise the following functions at the District level:- (i) to visit and oversee the conditions in the children's home?; (ii) to review the standards of care and protection being followed by the children's homes; (iii) to look into the functioning of the management and give appropriate suggestions for improvement and development of the children's homes; (iv) to interact with the children to determine their well being and take their feedback ; (v) to report to State Child Protection Unit. (3) The inspection of each children's homes shall be carried out at least once in every quarter. (4) The inspection shall be carried out by not less than three members together. (5) Inspection Committee may visit the children's homes with or without prior intimation. (6) The Government shall provide for re-imbursement of expenditure incurred on inspections by members of the inspection committees. ### 61. Social Audit. (1) Government shall constitute a Social Audit Authority to carry out social audit under section 37 of this Act and issue a notification for laying down schedule for the entire process throughout the year. (2) Social Audit Authority shall include members from Non-Governmental Organizations working with children, Childline India Foundation, State Social Welfare Board, Academic institution of higher learning, or any other body as designated by the Government, etc. (3) Chairperson of the State Commission for the Protection of the Child Rights (SCPCR) shall head the Social Audit Authority and shall be responsible for executing the process of Social Audit as per the schedule notified by the Government and shall submit its report at the end of the year to the Secretary to Government, Social Welfare Department. (4) On receipt of report under sub-rule (3), Government shall take steps to implement the recommendations as made in the said report. (5) Government may issue necessary orders for inclusion or removal of any member of the Social Audit Authority. (6) Government may issue order from time to time to the Social Audit Authority to undertake social audit of any other services under this Act and rules like functioning of observation homes, childline services, probation services, non-institutional child care schemes, functioning of Special Juvenile Police Units. ### 62. Restoration and follow-up. (1) The order for restoration shall be made by the Board or the Committee on the basis of a fair hearing of the juvenile or child and his parents or guardian, as well as on the reports of the Probation Officers or Child Welfare Officers or NGOs directed by the Board or Committee to conduct the home study and any other relevant document or report brought before the Board or Committee for deciding the matter. (2) Every restoration shall be planned for as part of the individual care plans prepared by the case workers or counsellors or child welfare officers or probation officer as the case may be and shall be based on the review and recommendations of the management committee. (3) Besides police, the Board or Committee shall seek collaboration with NGOs to accompany juveniles or children back to their family for restoration. (4) The female juvenile or child shall necessarily be accompanied by female escorts. (5) The expenses incurred on restoration of a juvenile or child, including travel and other incidental expenses, shall be borne by the Government through the concerned institution wherever claimed. (6) When a juvenile or child expresses his unwillingness to be restored back to the family, the Board or Committee shall make a note of it in its records in writing and such juvenile or child shall not be coerced or persuaded to go back to the family. (7) A follow-up plan shall be prepared as part of the individual care plans by the Child Welfare Officers or Probation Officers or NGOs assigned by the Board or Committee to assist in restoration of the child. (8) A quarterly follow-up report shall be submitted to the Board or Committee by the concerned Child Welfare Officer or Probation Officer or NGO for a period of two years with a copy to the Officer Incharge of the institution from where the juvenile or child is restored. (9) The follow-up report shall clearly state the situation of the juvenile or child post restoration and the juvenile's or child's needs to be met by the concerned Government in order to reduce further vulnerability of the juvenile or child. (10) The Officer Incharge shall file the follow-up report in the case file of the juvenile or child and place the report before the management committee in the next meeting of the management committee. (11) The Officer Incharge shall also send a copy of the follow-up reports to the District Child Protection Unit. (12) Where a follow-up is not possible due to non-availability of Government functionaries or NGOs, the concerned District Child Protection Unit shall provide necessary assistance and support to the concerned Board or Committee. ### 63. Visitor's Register. (1) It shall be the duty of Officer Incharge to keep a visitor's register at the entrance of the institution at all times, in which the person visiting the institution shall record the date and time of his visit, his particulars, purpose of such visit, his remarks or suggestions, which he may think proper. (2) A copy of the visitor's register shall be forwarded to the Principal Magistrate of the concerned Board and Chairperson of the concerned Committee at the end of the every month by the Officer Incharge for their perusal and passing of any necessary direction, if required. ### 64. Maintenance of Registers in the institutions. - The Officer Incharge shall maintain in his office, such registers and forms, as required by the Act and as specified by these rules made thereunder. The list of registers, files, books to be maintained shall minimally comprise of:- , (a) admission and discharge register; (b) minutes register of management committee ; (c) medical file or medical report; (d) dak or record file stock register; (e) log books for vehicle and telephone calls; (f) order book; (g) attendance register for staff and juveniles or children; (h) cash book; (i) budget statement file ; (j) inquiry report file; (k) individual case files with individual care plan; (l) visitor's register; (m) staff movement register; (n) personal belongings register. Note: -The list is indicative, not limited to the above and can be updated as per the requirements of each institution. ### 65. Personnel or Staff of a Home. (1) The institutional organizational set up shall be fixed in accordance with the size of the home, the intake capacity, workload, distribution of functions and requirements of programmes. (2) Every institution mentioned here in above or in the Act shall consist of Officer Incharge, Probation Officer (in case of Observation Home or Special Home), Case Workers (in case of children's home or shelter home or after care organization). Child Welfare Officers, Counsellor, Educator, Vocational Training Instructor, Medical Staff, Clerical Staff, Care Takers, storekeeper, cook, helper, washerman, safaikaramchari, driver, security staff, gardener as required. (3) The part time staff may include Psychiatrist. Psychologist, Occupational the rapist, and other professionals as may be required by time to time. (4) The staff of the home shall be subject to control and overall supervision of the Officer Incharge who by order, shall determine their specific responsibilities and shall keep the concerned authority informed of such orders made by him from time to time. (5) The duties and responsibilities of the staff under the Officer Incharge shall be fixed in keeping with the statutory requirements of the Act and these rules. (6) One of following officials shall remain present in the institution during night by rotation as per the devised Roaster by the Officer Incharge :- (a) Officer Incharge (Superintendent) ; (b) Probation Officer ; (c) Child Welfare Officer ; (d) Case Worker. (7) The Officer Incharge and such other staff, who may be required, shall live in a separate quarter provided for them outside the building in the proximity of the institution. (8) The number of posts in each category of staff shall be fixed on the basis of capacity of the institution ; and the staff shall be appointed in accordance with the educational qualifications, training and experience required for each category. (9) The suggested staffing pattern for an institution with a capacity of 50 to 70 juveniles or children could be as mentioned below :- \| \| \| \| \| --- \| --- \| --- \| \| \| (a) Permanent staff : \| \| \| S. No. \| Personal \| No. of Posts \| \| 1 \| Officer Incharge (Superintendent) \| 1 \| \| 2 \| Counsellor \| 1 \| \| 3 \| Probation Officer/Child Welfare Officer/Case Worker \| 3 \| \| 4 \| Doctor \| 1 \| \| 5 \| Paramedical staff (I Pharmacist and I Nurse) \| 2 \| \| 6 \| Storekeeper-cum-Accountant \| 1 \| \| 7 \| Driver \| 1 \| \| 8 \| Cook \| 2 \| \| 9 \| Helper \| 3 \| \| 10 \| Sweeper \| 2 \| \| 11 \| Security Guards \| 2 \| \| 12 \| Washerman \| 1 \| \| \| Total \| 20 \| \| \| (b) Part time staff: \| \| \| 1 \| Educator \| 2 \| \| 2 \| Art and Craft-cum-Music Teacher \| 1 \| \| 3 \| PT Instructor \| 1 \| \| 4 \| Gardener \| 1 \| \| \| Total \| 5 \| (10) The number of posts excluding Officer Incharge shall proportionally increase with the increase in the capacity of the institution. Chapter V Miscellaneous ---------------------------- ### 66. Registration under the Act. (1) All institutions and organisations housing children in need of care and protection, whether run by the Government or voluntary organizations, shall get themselves registered under Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act, 2013. (2) All such institutions shall make an application together with a copy each of rules, bye-laws, memorandum of association, list of governing body, office bearers, balance sheet of past three years, statement of past record of social or public service provided by the institution or organization to the Government, who shall after verifying that provisions made in the institution or organization for the care and protection of children, health, education, boarding and lodging facilities, if any, vocational facilities and scope of rehabilitation, may issue a registration certificate to such organization under section 35 of the Act. ### 67. Recognition of fit persons or fit institution. (1) Any individual who is willing to receive temporarily a juvenile in conflict with law or child in need of care, protection or treatment for such period as may be necessary, may be recognized by the competent authority as a fit person. (2) Any suitable place or institution, the Manager of which is willing to receive temporarily a juvenile in conflict with law or child in need of care, protection and treatment for such period as may be necessary, may be recognized by the Government as a fit institution on the recommendation of the competent authority. (3) An institution recognized as a fit institution shall- (a) receive and provide basic services for juvenile in conflict with law or child in need of care and protection ; (b) prevent subjection of juvenile in conflict with law or child in need of care and protection to any form of cruelty or exploitation or neglect; and (c) abide by the orders of the competent authority. (4) A list of fit institutions approved by the Government shall be kept in the office of the Board, the Committee and the Special Juvenile Police Units. (5) A fit institution with collateral branches may send a juvenile in conflict with law or child in need of care and protection as the case may be, to any of its branches after seeking permission from the competent authority. (6) Before declaring any person as a fit person or recommending an institution as a fit institution, the competent authority shall hold due enquiry and only on being satisfied, recognition shall be given. ### 68. Certification or and transfer of Management of Institutions and after care organisations. (1) Any organization or institution housing or aiming to house children in need of care and protection or juveniles in conflict with law shall apply for certification under the Act by submitting an application to Department of Social Welfare, together with a copy of the rules, bye-laws, articles of association, list of members of the society or the association running the organization, details of office bearers along with a statement regarding the current status and past record of specialized childcare services rendered by the organization. (2) Any organisation which houses the children in need of care and protection or juveniles in conflict with law in contravention to this rule shall be liable to a penalty of Rs. 1000 per day till such default continues. The amount of penalty shall be recovered as arrear of land revenue under the Jammu and Kashmir Land Revenue Act, 1939. (3) The Government, after verifying the contents of the application and after getting inspection of the applicant organisation done through District Child Protection Unit (DCPU) in respect of the boarding and lodging, general health, educational facilities, vocational training and treatment services, may grant or refuse recognition and certification as envisaged by sections 9,10,35,38 and 43 of the Act, as the case may be, on the condition that the organization shall comply with the standards or services as h id down under the Act and these rules, and shall ensure all round growth, development and protection of juveniles or children placed under its charge. (4) The Government shall endure to dispose of the application within 60 days from the date of receipt of the application. In case the Government for some reasons does not dispose of the application within the said period of 60 days, it shall in writing inform the applicant the reasons for the delay. (5) The certification shall be valid for a period of three years where after it shall be renewed after following the procedures laid down here in above. (6) The Government may. if it is satisfied that an organisation or institution is not fulfilling the conditions subject to which the certification was made or is not observing the rules laid down herein, order withdrawal of the certification or recognition of the organization, as the case may be and in that case the organisation or institution shall cease to be certified or recognised under sections 9, 10, 35, 38 and 43 of the Act: Provided that no such order shall be passed by the Government unless an enquiry has been conducted by the Government through Inspection Committee appointed under section 36 of the Act. (7) When an organization ceases to be a certified organization under sections 9, 10. 35, 38 and 43 of the Act, the juveniles or children kept therein shall be transferred to a fit institution as defined in the section 2 (i) of the Act keeping in view the best interest of the children. (8) The Government may. transfer the management of any Government run institution under the Act to a certified voluntary organization of repute, who has the capacity to run such an institution ; and certify or recognize the said voluntary organization as a fit institution to own the requisite responsibilities under a Memorandum of Understanding for a specified period of time, ### 69. Grant-in-aid to certified or recognized organization. (1) An organization certified or recognized or registered under sections 9,10, 35, 38 and 43 of the Act, may during the period when certification or recognition or registration is in force, apply for grants-in-aid by the Government, for the maintenance of juvenile or child received by them under the provisions of the Act; and for expenses incurred on their education, treatment, vocational training, development and rehabilitation. (2) The grants-in-aid may be admissible, at such rates, which shall be sufficient to meet the prescribed norms, in such manner and subject to such conditions as may be mutually agreed to by both the parties. (3) In case of transfer of Management of Government run homes under sections 9,10, 35,38 and 43 of the Act to a voluntary organization, the same budget which the Government was spending on that home, shall be given to the voluntary organization as grant-in-aid under the Memorandum of Understanding signed between both the parties describing their role and obligations. ### 70. Admission of outsiders. - No stranger shall be admitted to the premises of the institution, except with the permission of the Officer Incharge or on an order from the Board or Committee. ### 71. Identity Photos. (1) On admission to a home established under the Act, every juvenile or child shall be photographed- (2) One photograph shall be kept in the case file of the juvenile or the child, one shall be fixed with the index card, a copy shall be kept in an album serially numbered with the negative in another album, and a copy of the photograph shall be sent to the Board or Committee as the case may be, as well as to the District Child Protection Unit or the State Child Protection Society. (3) In case of a child missing from an institution or in case of lost children received by an institution, a photograph of the child shall be sent to the missing persons bureau. ### 72. Police Officers to be in plain clothes. - While dealing with a juvenile or a child under the provisions of the Act and the rules made thereunder, except at the time of apprehension, the Police Officer shall wear plain clothes and not the police uniform. ### 73. Prohibition on the use of handcuffs and fetters. - "No juvenile or the child dealt with under the provisions of the Act and the rules made thereunder shall be handcuffed or fettered. ### 74. Determination of age. (1) Whenever an alleged offender who appears to be below the age of 21 years is produced before a Court not being the Board, it shall on the very first date of production question the alleged offender about his age, satisfy itself that he is not a juvenile, make a note of its findings and order immediate transfer of the matter to the Board where necessary. (2) When a juvenile or child or a juvenile in conflict with the law is produced before the Board or the Committee as the case may be, it shall determine and declare his age within a period of thirty days from the date? of such production. (3) The Board or the Committee, as the case may be shall, as far as possible, decide the juvenility or otherwise, on the basis of physical appearance or documents available, if any. Where an inquiry is instituted by the Board or the Committee for determination of age, such inquiry shall be conducted on the basis of following evidence:- (i) the birth certificate issued by a Corporation or a Municipal Committee or any other notified authority; or (ii) the matriculation or equivalent certificate; or (iii) in absence of the certificates mentioned in sub-clauses (i) and (ii) or in case of any contradiction arising therefrom, the authority deciding the age issue may refer the matter to a duly constituted Medical Board, which shall record its findings and submit to the Juvenile Justice Board. (4) All Government Hospitals shall constitute Medical Boards for medical age examination, consisting of a Physiologist, a Dental Examiner and a Radiologist or Forensic Expert, of whom one shall be notified as the Chairperson. (5) All the Members of the Medical Board shall give their individual findings on age, which shall then be forwarded to the Chairperson of the Board to give the final opinion on the age within a margin of one year. (6) The duly constituted Medical Boards shall give their report with the findings on age within 15 days of request being made in this regard. ### 75. Declaration of age by the Court or Board or the Committee. (1) The Court or the Board or the Committee as the case may be, shall declare the age after examining the witnesses on age and by affording opportunity or cross examination to the State/Complainant and the juvenile. (2) For the purposes of sub-rule (1), the witnesses may include School Principals or their representative, parents, Registrars of Education Boards, Municipal Corporation or Panchayat Representative, Chairperson and Members of the Medical Board etc. (3) In case exact assessment of the age cannot be done, the Court or the Board or the Committee as the case may be, for the reasons to be recorded by them, may, if considered necessary, give benefit to the child or juvenile by considering his/her age on lower side within the margin of one year. (4) The decision of the Board or the Committee as the case may be, shall be the conclusive proof of the age as regards a child or a juvenile in conflict with law. (5) The Board or the Committee as the case may be shall provide a copy of the order declaring age to the concerned juvenile or child or his parent/guardian. (6) The provisions contained in this rule shall also apply to those disposed off cases, where the status of juvenility has not been determined in accordance with the provisions contained in sub-rule (3) of this rule and the Act, requiring dispensation of the sentence under the Act for passing appropriate order in the interest of the juvenile in conflict with law. ### 76. Procedure to be followed by a Magistrate not empowered under the Act. (1) When any juvenile or child is produced before a Magistrate other than Board or Committee, and the Magistrate is of the opinion that such person may be a juvenile or child, he shall record his reasons and pass an order for the juvenile or child to be produced before the concerned Board or the Committee on the same day. (2) In case of a child in need of care and protection produced as a victim of a crime before a Magistrate not empowered under the Act, such Magistrate shall transfer the matter concerning care and protection, rehabilitation and restoration of the child to the appropriate committee and no orders concerning the custody of such child shall be passed by such Magistrate. ### 77. Transfer. (1) During inquiry, if it is found that the juvenile or child hails from a place outside the jurisdiction of the Board or Committee, the Board or Committee shall order the transfer of the juvenile or child and send a copy of the order to the concerned Government Authority or District Child Protection Unit. (2) The concerned Government Authority or District Child Protection Unit shall accordingly- (a) send the information of transfer to the appropriate competent authority having jurisdiction over the area where the child is ordered to be transferred by the Board or Committee. (b) send a copy of the information to the Officer Incharge of the institution where the child is placed for care and protection at the time of the transfer order. (3) On receipt of copy of the information from the concerned Government Authority or District Child Protection Unit, the Officer Incharge shall arrange to escort the child at Government expenses to the place or person as specified in the order. (4) The travel, food and other incidental expenses incurred for the transfer of a juvenile or child and escort, shall become by the District Child Protection Unit. (5) On such transfer, case file and records of the juvenile or child shall be sent to the place or person as specified in the order along with the juvenile or child. (6) No child shall be transferred or proposed to be transferred only on the ground that the child has created problems or has become difficult to be managed in the existing institution. ### 78. Procedure for sending a juvenile or child outside the jurisdiction of the competent authority. (1) In the case of a juvenile or a child whose ordinary place of residence lies outside the jurisdiction of the competent Authority, and if the competent authority considers it necessary to take action under section 49 of the Act, it shall direct a probation officer .or case worker or child welfare officer, as the case may be, to make enquiries as to the fitness and willingness of the relative or other person to receive the juvenile or the child at the ordinary place of residence, and whether such relative or other fit person can exercise proper care and control over the juvenile or the child. (2) Where a juvenile is ordered to be sent to the ordinary place of residence or to said relative or fit person, execution of a bond by the juvenile, in Form VII, is necessary along with an undertaking by the said relative or fit person in Form VIII. (3) Any breach of a bond or undertaking or of both given under sub-rule (2), shall render the juvenile liable to be brought before the competent authority, who may make an order directing the juvenile to be sent to an institution home. (4) Any juvenile or a child, who is a foreign national or belongs to other states and who has lost contact with his family shall also be entitled for protection. (5) The juvenile or the child, who is a foreign national, shall be repatriated, at the earliest, to the country of his origin in coordination with the respective Embassy or High Commission through Ministry of External Affairs. (6) The juvenile or child who belongs to other state shall be transferred to the state of his domicile in coordination with the concerned State Authority. (7) A copy of the order passed by the competent authority under section 55 of the Act shall be sent to :- (a) the Probation Officer or Child Welfare Officer who was directed to submit a report under sub-rule (1) ; (b) the Probation Officer or Child Welfare Officer, if any, having jurisdiction over the place where the juvenile or the child is to be sent; (c) the competent authority having jurisdiction over the place where the juvenile or the child is to be sent; and (d) the relative or the person who is to receive the juvenile or the child. (8) During the pendency of the order under sub-rule (6), the juvenile or the child shall be sent by the competent authority to an observation home or children's home as the case may be. (9) Where in the case of a juvenile or a child, the competent authority considers it expedient to send the juvenile or the child back to his ordinary place of residence under section 55 of the Act, the competent authority shall inform the relative or the fit person, who is to receive the juvenile or the child accordingly; and shall invite the said relative or fit person to come to the home, to take charge of the juvenile or the child on such date, as may be specified by the competent authority. (10) The competent authority inviting the said relative or fit person under sub-rule (8) may also direct, if necessary, the payment to be made by the Officer Incharge of the home, of the actual expenses of the relative or fit person's journey both ways, by the appropriate class and the juvenile's or child's journey from the home to his ordinary place of residence, at the time of sending the juvenile or the child. (11) If the relative or the fit person fails to come to take charge of the juvenile or the child on the specified date, the juvenile or the child shall be taken to his ordinary place of residence by the escort of the observation home and in the case of a girl, at least one escort shall be a female. ### 79. Child Protection Units. (1) State Child Protection Society (SCPS).-The specific functions of the State Child Protection Society shall include- (a) implementation of the Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act, 2013 and supervision and monitoring of agencies and institutions under the Act; (b) set up, support and monitor the District Child Protection Units (DCPUs) ; (c) represent SCPS as a member in the selection-cum-oversight Committee for appointment of members of JJBs and CWCs; (d) make necessary funds available to the DCPUs for providing or setting up required facilities for implementation of the Act; (e) network and coordinate with all Government Departments to build inter-sectoral linkages on child protection issues, including Departments of Health, Education, Social Welfare, Urban Development, SC/ST, Backward Classes and Minorities, Youth Services, Police, Judiciary, Labour, State AIDS Cont j1 Society, among others; (f) network and coordinate with civil society organization's working for the effective implementation of the Act; (g) training and capacity building of all personnel (Government and Non-Government) working under the Act; (h) establish Quality Standards of Care and Protection and ensure its implementation in all institutions set up under the Act; (i) review of the functioning of the CWCs ; (j) all other functions necessary for effective implementation of the Act ; and (k) make policy recommendations to the Government pertaining to the welfare of children. (2) District Child Protection Unit (DCPU).-The DCPU shall coordinate and implement all child rights and protection activities at district level. The specific functions of the DCPU shall include- (a) ensure effective implementation of the Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Act, 2013 at district level by supporting creation of adequate infrastructure, viz. setting up JJBs, CWCs, SJPUs and homes in each districts ; (b) identify families at risk and children in need of care and protection; (c) assess the number of children in difficult circumstances and creating district specific databases to monitor trends and patterns of children in difficult circumstances ; (d) periodic and regular mapping of all child related services at district for creating a resource directory and making the information available to the CWCs and JJBs from time to time; (e) implement family based non-institutional services including sponsorship and after care ; (f) ensure setting up of District, Block and Village level Child Protection Committees for effective implementation of programmes as well as discharge of its functions ; (g) facilitate transfer of children at all levels for either their restoration to their families or placing the child in long or short-term rehabilitation through institutionalization and sponsorship; (h) network and coordinate with all Government Departments to build inter-sectoral linkages at district level on child protection issues, including Departments of Health, Education, Social Welfare, Urban Development, SC/ST, Backward Classes and Minorities, Youth Services, Police, Judiciary, Labour, State AIDS Control Society, among others ; (i) network and coordinate with civil society organizations working under the Act; (j) develop parameters and tools for effective monitoring and supervision of agencies and institutions in the district in consultation with experts in child welfare ; (k) supervise and monitor all institutions or agencies providing residential facilities to children in district; (l) train and build capacity of all personnel (Government and Non-Government) implementing the Act to provide effective services to children ; (m) organize quarterly meeting with all stakeholders at district level including Childline, Officer Incharges of homes, NGOs and members of public to review the progress and implementation of the Act; (n) liaison with the SCPS and DCPUs of other districts ; (o) coordinate with agencies involved in tracking of missing children and specialised services for drug de-addiction and mental health services ; and (p) coordination with District Legal Services Authorities for the purpose of ensuring availability of the legal aid to juveniles or the child. ### 80. Setting up of the Child Welfare Committee. (1) Government shall set up by notification in Official Gazette Child Welfare Committees under section 30 of the Act in every district with requisite infrastructure, personnel, and finances for smooth running with in one year of notification of the Act, as listed below :- (a) Infrastructure : Infrastructure shall consist of a sitting hall, a separate room for the committee, room for office staff, waiting room for children, waiting room for parents or guardian, room for personal interaction between the child or parents and the committee, a record room, safe drinking water facility and toilets. (b) Staff : The Government shall provide necessary human resource support for every Committee, including Sr. Assistant to act as custodian of records, welfare officer, steno-typist-cum-computer operator, peon, safaikaramchari. (2) The allowances of the Chairperson and Members shall be disbursed by the District Child Protection Unit or Government authority as per rule 28. ### 81. Setting up of Juvenile Justice Board. (1) The Government shall set up by notification in Official Gazette, Juvenile Justice Board in every district, with requisite infrastructure, personnel, besides the Principal Magistrate and Members and Finances as listed below :- (a) Infrastructure : Infrastructure shall consist of a board room, waiting room for children, a room for Principal Magistrate and Members, a record room, room for probation officers, waiting room for parents and visitors, safe drinking water facility and toilets. (b) Staff : The Government shall provide necessary human resource support for every Board, including probation officer, steno-typist-cum-computer operator, peon, safaikaramchari. ### 82. Special Juvenile Police Unit and Juvenile or the Child Welfare Officer. (1) A Police Officer not below the rank of Additional Director General of the Police (ADGP) shall be designated as State level Nodal Officer for implementation of the Act in the Police Department, (2) The Government through its Home Department shall establish Special Juvenile Police Unit (SJPU) in every district. The unit shall consist of a Police Officer of the rank of inspector and two paid social workers, of whom one shall be a woman and another preferably having experience of working in the field of child welfare. (3) At every Police Station at least one Police Officer not below the rank of Sub-Inspector shall be designated to exclusively act as Juvenile or Child Welfare Officer. Such Police Officer shall have aptitude, appropriate training and orientation to handle the cases of juveniles or children in terms of the provisions of the Act. (4) Notwithstanding anything contained in any other law for the time being in force, investigation of all the cases where juveniles are alleged of committing offences shall be investigated by the designated Juvenile Welfare Officer, provided that in exceptional circumstances, the Station House Officer may assign investigation to any other officer other than a designated Juvenile Welfare Officer. (5) The transfer, promotion and posting of the designated Juvenile or Child Welfare Officers at the Police Station shall be within the Special Juvenile Police Units of other districts, unless there is an exceptional case of promotion not compatible with such arrangement. In such cases, other police officer must be designated and deputed in the unit so that there is no shortfall. (6) Special Juvenile Police Unit at district level shall coordinate with all the police stations and child line services in order to upgrade police response to crime prevention among children and shall function as a watchdog for providing protection against all kinds of cruelty, abuse and exploitation of child or juvenile and shall lake special measures to identify and eliminate organised gangs exploiting or abusing children. (7) The unit shall take serious cognizance of adult perpetrators of crimes against children and see to it that they are without delay apprehended and booked under the appropriate provisions of the law. For this purpose, the district level units shall maintain liaison with other units of police station. (8) The district level units, under the guidance and supervisions of State Level Nodal Officer shall take special preventive measures to eliminate misuse of children for any organised crime or any other illegal activities. (9) The Superintendent of Police in a district shall head the Special Juvenile Police Unit and oversee its overall functioning. ### 83. Honorary or Voluntary Welfare Officers and Probation Officers. (1) To augment the existing probation service, honorary or voluntary welfare officers and probation officers may be appointed from the voluntary organization and social workers found fit for the purpose by the competent authority and their services may also be co-opted into the implementation machinery by the orders of the competent authority. (2) On the order of the competent authority, expenses and payments for the services of such honorary or Voluntary Welfare Officers shall be reimbursed by the DCPU from the fund set up under section 59 of the Act. ### 84. Duties of the Officer Incharge of an institution. (1) The Officer Incharge shall have the primary responsibility of maintaining the institution and shall stay within the institutional premises to be readily available as and when required by the juveniles or children and the staff. In case where an accommodation is not available within the institutional premises, the Officer Incharge shall stay at a place in close proximity to the institution till such time that such an accommodation is made available within the institution. (2) General duties and functions of the Officer Incharge shall include - (a) compliance with provisions of the Act and the rules and orders made thereunder; (b) compliance with the orders of the Board or Committee ; (c) providing homely atmosphere of love, affection, care, development and welfare for juveniles or children ; (d) maintaining quality standards of care in the institution ; (e) proper maintenance of buildings and premises; (f) security measures and periodical inspection, including daily inspection and rounds of the institution, proper storage and inspection of food stuffs as well as food being served etc.; (g) supervision and monitoring of juveniles, or children's discipline and well being; (h) planning implementation and coordination of all institutional activities, programmes and operations, including training and treatment programmes or correctional activities as the case may be; (i) prompt action to meet emergencies ; (j) ensuring accident and fire preventive measures within the institutional premises; (k) stand-by arrangements for water storage, power plant, emergency lighting, etc.; (l) careful handling of plants and equipments; (m) segregation of a juvenile or child suffering from contagious or infectious diseases ; (n) observance and follow-up of daily routine ; (o) filing of monthly report of juvenile or child in the case file; (p) organize local and national festivals in the institution : (q) organize trips or excursions or picnics for juveniles or children; (r) preparation of budget and control over financial matters ; (s) allocation of duties to personnel; (t) supervision over office administration, including attending to personnel welfare and staff discipline ; (u) prompt, firm and considerate handling of all disciplinary matters ; (v) organize the meetings of the Management Committee set up under rule to be added of these Rules and provide necessary support; (w) maintenance of all records and registers required under the Act and the rules and monthly verification of the same by the Management Committee ; (x) liaison, coordination and cooperation with the District Child Protection Unit and Government authority as and when required; and (y) coordination with the legal officer in the District Child Protection Unit to ensure that every juvenile is legally represented and provided free legal aid and other necessary support or, where the District Child Protection Unit has not been set up, services of the District or State Legal Services Authority shall be made available. ### 85. Duties of a Probation Officer or Child Welfare Officer or Case Worker. (1) Every probation officer or child welfare officer or case worker shall carry out all directions given by the Board or Committee or concerned authority and shall perform the following duties, functions and responsibilities (a) making social investigation of the juvenile as prescribed in the Form-XVIII or the child as prescribed in the Form-XIX through personal interview and from the family, social agencies and other sources ; (b) attending the proceedings of the Board or Committee and submitting reports as and when required ; (c) clarifying problems of the juvenile or the child and dealing with their difficulties in institutional life; (d) participating in the orientation, monitoring, education, vocational and rehabilitation programmes; (e) establishing cooperation and- understanding between the juvenile or the child and the Officer Incharge; (f) assisting the juvenile or the child to develop contacts with family and also providing assistance to family members; (g) developing and following a care plan for every child ; (h) participating in the pre-release programme and helping the juvenile or the child to establish contacts which can provide emotional and social support to juvenile or child after their release ; (i) establishing linkages with voluntary workers and organizations to facilitate rehabilitation; (j) social reintegration of juveniles and to ensure the necessary follow-up; (k) follow-up of juveniles after their release and extending help and guidance to them ; (l) visiting regularly the residence of the juvenile or child under their supervision and also places of employment or school attended by such juvenile or child and submitting fortnightly reports as prescribed in Form IX ; (m) accompanying juveniles or children wherever possible, from the office of the Board to observation home, special home, children's home or fit person, as the case may be ; (n) maintaining case file and such registers as may be specified from time to time. (2) On receipt of information from the Officer Incharge, the Special Juvenile Police Unit under section 15 of the Act, the probation officer shall inquire into the antecedents and family history of the juvenile or the child and such other material circumstances, as may be necessary and submit a social investigation report as early as possible, in Form XVI11 or XIX, to the Board. ### 86. Disqualification for Officer Incharge, probation officer/child welfare officer/case worker and other care givers and staff. (1) The Officer Incharge, probation officer/child welfare officer/case worker other care givers and staff shall not employ a juvenile or child under their supervision or care and protection for their own purposes or take any private service from them. (2) Any report of physical, sexual or emotional abuse of a juvenile or a child by a care giver in an institution shall hold them liable for disqualification and subsequent punishment after due inquiry as per the prevalent law in this regard. ### 87. Protection of action taken in good faith. - No suit or legal proceedings shall lie against, the competent authorities and functionaries under the Act including the members of the voluntary organization and social worker, in respect of anything which is in good faith done or intended to be done in pursuance of the Act or rules or order made thereunder, during the performance of the duties assigned to them. ### 88. Training of Personnel. (1) A Judicial Magistrate with special knowledge or training in child psychology, child welfare and child rights shall be designated as the Principal Magistrate of the Board. (2) In case the Magistrate with such special knowledge or training is not available, the Government shall prior to his appointment, arrange to provide the Magistrate a minimum of 7 days' training in child psychology, child welfare and child rights. (3) In case of other two members, the Government shall arrange to provide on job training in the administration of the juvenile justice so as to carry out the purpose of the Act effectively. (4) Government shall develop a standard training module for the Magistrate and other two members in consultation with State Judicial Academy and reputed Institutions. (5) The Government or the Officer Incharge shall provide training of personnel of each category of staff, in keeping with their statutory responsibilities and specific jobs requirements. (6) The training programme shall include- (a) orientation and induction training of the newly recruited . staff; (b) refresher training courses and skill enhancement programmes for all care givers once a year; and (c) staff conferences, seminars, workshops and exposure visits outside the State. (7) The Government with the help of the State Child Protection Society and its Regional Centres shall organize regular training and capacity building of personnel involved in the implementation of the Act and the rules made thereunder. ### 89. Constitution of Selection-cum-Oversight Committee. (1) The Government shall constitute a Selection-cum-Oversight Committee for a period of three years by notification in the Official Gazette consisting of the following seven members, namely:-- (a) a retired Judge of High Court as the Chairperson ; (b) one representative from the Department of Social Welfare, not below the rank of Director as the Member-Secretary ; (c) two representatives from two different reputed non-governmental organizations working in the area of child development or child protection for a minimum period of seven years but not running or managing any children's institution ; (d) two representatives from academic bodies or Universities preferably from the faculty of social work, psychology, sociology, child development, health, education, law and with special knowledge or experience of working on children's issues for a minimum period of seven years ; and (e) a representative of the State Commission for Protection of Child Rights. (2) The quorum for the meeting of the Selection-cum-Oversight Committee shall not be less than four members, including the Chairperson and the Member-Secretary. (3) The Member-Secretary of the Selection-cum-Oversight Committee shall be responsible for convening the meetings of the Selection-cum-Oversight Committee at such times as may be necessary for facilitating and carrying out the functions of the Selection Committee. (4) The Member-Secretary shall maintain the minutes of the selection process and all other meetings of the Selection-cum-Oversight Committee. (5) The Member-Secretary shall pay such sitting fees and travel allowances to the Chairperson and non-official members of the Selection-cum-Oversight Committee as may be fixed by the Government from time to time. (6) All communications relating to the working and discharge of the functions of the Selection-cum-Oversight Committee shall be addressed to the Office of the Member-Secretary, who shall place the same before the Selection-cum-Oversight Committee. ### 90. Election of Chairperson and members of Selection-cum-Oversight Committee. (1) The Member-Secretary of the Selection-cum-Oversight Committee shall initiate the process of filling up a vacancy six months prior to the incumbent demitting office: Provided that if a vacancy arises on account of resignation or death of the Chairperson of the Committee or a Member of the Board or Committee, the Member-Secretary of the Selection-cum-Oversight Committee shall immediately initiate the process for filling up such vacancy. (2) For selection of members of the Board or Chairperson and Members of the Committee, the Government through the Member-Secretary of the Selection-cum-Oversight Committee shall call for applications through public advertisement in the local newspapers and official website of Department of Women and Child Development. (3) Any serving Chairperson or Member of the Board or the Committee, as the case may be, whose tenure is nearing completion, may apply for another tenure in pursuance to sub-rule (7), provided that such extension shall not be beyond a period of two terms. (4) The Member-Secretary shall screen all the applications received and place the applications which fulfill the basic eligibility requirements before the Selection-cum-Oversight Committee. (5) The Selection-cum-Oversight Committee shall evaluate the candidates on the basis of qualifications, experience and other attributes necessary for functioning as Chairperson or Members of Board or Committee and the evaluation process shall set out a pen picture of each candidate. (6) In the event of sufficient number of candidates not being found suitable for appointment by the Selection-cum-Oversight Committee, the Government shall invite nominations through the Member-Secretary from members of civil society organizations and other qualified individuals and the Member-Secretary shall screen the said nominations and place the nominations which fulfill the basic eligibility requirements before the Selection-cum-Oversight Committee. (7) Where the Selection-cum-Oversight Committee is required to consider an application for renewal of tenure of Members of the Board or the Chairperson and Members of the Committee as the case may be. it shall evaluate the application on the basis of the following criteria :- (i) regular Performance Appraisals of the Chairperson or Member carried out by the Government quarterly as per a prescribed format, a copy of which shall be made available to the Chairperson and Members of the Selection-cum-Oversight Committee by the Government; (ii) complaints if any, received and addressed by the Selection-cum-Oversight Committee against the person seeking an extension of tenure; and (iii) interaction with such applicant. (8) The Selection-cum-Oversight Committee shall, on the basis of the evaluation procedure and criteria determined under sub-rules (5), (6) and (7), select and recommend a panel of names in order of merit to the Government for appointment as Members of the Board or Chairperson/ Members of the Committee as the case may be. (9) In recommending a panel of names, the Selection-cum-Oversight Committee shall prepare separate panels for the position of Chairperson of the Committee, Members of the Committee and Members of the Board respectively. (10) The list of finalized names shall be duly signed by all members of the Selection-cum-Oversight Committee present at the time of selection and the Member-Secretary of the Selection-cum-Oversight Committee shall forward the finalized list to the Government for appointment. (11) Government shall make endeavour to fill the vacancy prior to the incumbent demitting office. (12) Names on the panel shall be valid for consideration for a period of one year in order to fill in vacancies which may arise during such period either due to non-reporting of the selected persons within a stipulated time from the date of appointment, or otherwise during the tenure of the Board or Committee. (13) A letter of appointment shall be given by the Government to the selected persons stating the date of joining and containing a job description and terms of reference, along with a copy of a Code of Conduct required to be followed by Chairperson or Members of the Committee and Members of the Board as the case may be : Provided that the Government shall develop such Code of Conduct within one month of the coming into force of these rules. ### 91. Misconduct or Complaint against the Chairperson or Member of the Committee or Board. (1) All complaints against the Chairperson/ Member of the Committee or Member of the Board as the case may be, shall be addressed to the Member-Secretary of the Selection-cum-Oversight Committee or forwarded to the Member-Secretary by the Government. (2) The Member-Secretary shall communicate the complaints to the Chairperson and Members of the Selection-cum-Oversight Committee at the earliest and if the Chairperson and/or any Member, within a period of fifteen days, opines that there is a need to consider the complaint, the Member-Secretary shall put up the said complaint before the Selection-cum-Oversight Committee. (3) The Selection-cum-Oversight Committee shall then issue a show cause notice to the person against whom a complaint is received. (4) Where the Selection-cum-Oversight Committee does not receive a satisfactory reply to the show cause notice issued, it shall commence an inquiry into the complaint. (5) The Chairperson of the Selection-cum-Oversight Committee shall appoint one of the Members of the Selection-cum-Oversight Committee as inquiry officer to conduct an inquiry into the complaint against the Chairperson/Member of the Committee or a Member of the Board as the case may. (6) In conducting an inquiry into a complaint, the inquiry officer shall- (i) provide the concerned party(ies) an opportunity to be heard in person; (ii) complete the inquiry within a period of two months, provided that where that is not possible, for reasons to be recorded in writing, the period of inquiry shall be reviewed and may be extended by the Chairperson of the Selection-cum-Oversight Committee; (iii) prepare a report and may recommend suitable action, including issuing censure and/or termination of appointment of such Member/Chairperson: Provided that issuance of censure third time will automatically lead to termination. (7) The report of the inquiry officer appointed under sub-rule (5) along with the recommendations shall be placed before the Chairperson and Members of the Selection Committee. (8) The Member-Secretary shall provide a copy of the report of the inquiry officer to the Chairperson or Member of the Committee or a Member of the Board as the case may be, against whom the complaint is made who may make a representation against the same to the Selection-cum-Oversight Committee within a period of fifteen days from the date of receipt of the copy of the report. (9) If the Selection-cum-Oversight Committee deems it necessary, it may give an opportunity of hearing to the Chairperson or Member of the Committee or a Member of the Board against whom the complaint is made. (10) If the Selection-cum-Oversight Committee agrees with the findings of the inquiry officer, it shall make recommendations for suitable action to be taken against the Member of the Board or Chairperson or Member of the Committee as the case may be to the Government. (11) In the event of failure to arrive at a consensus within the Selection-cum-Oversight Committee on the findings of the inquiry officer, it shall forward the report of the inquiry officer along with the objections to the Government to take suitable action. ### 92. Advisory Board. (1) The Government shall constitute Advisory Board at State level for a period of three years. (2) The State Advisory Board shall be constituted through the Department of Social Welfare. (3) Advisory Board shall hold at least two meetings in a year. (4) Advisory Board shall inspect the various institutional or n n-institutional services and its recommendations, shall be acted upon by he Government. (5) The Government through the Department of Social Welfare shall set up the State Advisory Board to be headed by the Minister concerned and shall consist of the Secretary of the department aforesaid, representative members from the competent authority, leading non-governmental organisations, experts in child or juvenile care, children's institution and academic institutions as members. (6) A designated official of the Department of Social Welfare shall function as the Member-Secretary of the State Advisory Board. ### 93. Openness and Transparency. (1) All the institutions for juveniles and children shall be open to visitors with the permission of the Officer Incharge or the Board or the Committee, as the case may be. The Board or the Committee or Officer Incharge as the case may be, may consider appropriate to allow representatives of local self-government, voluntary organizations, social workers, researchers, medicos, academicians, prominent personalities, media and any other persons as visitors, as considered appropriate keeping in view the security, welfare and the best interest of the children. (2) The Officer Incharge of the home shall encourage active involvement of local community in improving the conditions in the homes, if, the members of the community want to serve the institution or want to contribute through their expertise. (3) The Officer Incharge shall maintain a visitor's register and the remarks of the visitors given therein shall be considered by the advisory inspecting authority. (4) While visiting an institution, the visitor's will not say or do anything that undermines the authority of the Officer Incharge or is in contravention of the Act or rules or impinges on the dignity of the children. ### 94. Juvenile Justice Fund. (1) The Government shall create a Fund under section 59 of the Act to be called the 'Juvenile Justice Fund' (here under referred to as the Fund) for the welfare and rehabilitation of the juvenile or the child dealt with under the provisions of the Act. (2) In addition to donations, contributions or subscriptions coming under sub-section (2) of section 59 of the Act, the Government shall also make contribution to the Fund. (3) The Fund shall be applied- (a) to implement programmes for the welfare and rehabilitation of juveniles or children; (b) to pay grant-in-aid to non-governmental organizations; (c) to meet the expenses of State Advisory Board and its purpose; (d) to do all other things that are incidental and necessary in pursuance of the provisions of this Act and these rules; (e) to meet the expenses of the honorary and voluntary Probation Officer and Welfare Officers as may be appointed by the Competent Authorities. (4) The management and administration of the Fund, shall be under the control of the State Advisory Board under sub-section (3) of section 59 of the Act. (5) The assets of the Fund shall include all such grants and contributions, recurring or non-recurring, from Government or any other statutory or non-statutory body set up by Government as well as the voluntary donations from any individual or organization. (6) All withdrawals shall be made by cheques or requisitions, as the case may be, signed by the secretary-cum-treasurer in case of amounts not exceeding rupees ten thousand and signed duly by the secretary-cum treasurer and other Member of the Board of Management to be nominated by the State Advisory Board. (7) The regular accounts shall be kept of all money and properties, and all incomes and expenditure of the Fund and shall be audited by a notified firm of Chartered Accountants, or any other recognized authorities as may be appointed by the Board. (8) The auditors shall also certify the expenditure from the Fund made by the secretary-cum-treasurer. (9) All contracts and other assurances shall be in the name of the board of management and signed on their behalf by the secretary-cum-treasurer and one member of the board of the management authorised by it for the purpose. (10) The board of management shall invest the proceeds of sale or other disposal of the property, as well as any money or property not immediately required to be used to serve the objective of the Fund, in anyone or more of the modes of investment for the time being authorised by law for the investment of trust moneys as the board of management may think proper. (11) The board of management may delegate to one or more of the members such of its powers, which in its opinion are merely a procedural arrangement. ### 95. Pending Cases. (1) No juvenile in conflict with law or a child shall be denied the benefits of the Act and the rules made thereunder. (2) All pending cases which have not received finality shall be dealt with and disposed of in terms of the provisions of the Act and the rules made thereunder. (3) Any juvenile in conflict with law, or a child shall be given the benefits under sub-rule (1), and it is hereby clarified that such benefits shall be made available not only to those accused who were juvenile or a child at the time of commission of an offence, but also to those who ceased to be a juvenile or a child during the pendency of any enquiry or trial. (4) While computing the period of detention of stay of a juvenile in conflict with law or of a child, all such period which the juvenile or the child has already spent in custody, detention or stay shall be counted as a part of the period of stay or detention contained in the final order of the competent authority. ### 96. Record Keeping. (1) The records of proceedings before Board' and related documents shall be maintained in the judicial file in four parts :- (A) . Part (A) shall contain the following records and documents :- (i) the Index of Papers; (ii) the order sheet pertaining to the inquiry under section 15 of the Act; (iii) the Police Investigation Report, or petition of complaint, as the case may be ; (iv) social background report filed by the juvenile welfare officer or any other police officer, as the case may be : (v) all depositions of witnesses of the offence committed and statements of juvenile ; (vi) all documentary evidence pertaining to the inquiry of offence : (vii) the notice of the allegations made, requiring the juvenile to explain the circumstances of commission of offence ; (viii) the final order of the Juvenile Justice Board ; (ix) the Judgment of the Appellate Court on the inquiry above, if any ; and (x) the Judgment of High Court or Court of Sessions in revision on the inquiry above, if any. (B) . Part (B) shall consist of all papers not included in Part (A) relating to the inquiry of the offence including, bail applications, bail bonds, applications under sections 20 and 22 of the Act, other miscellaneous applications and orders thereon. (C) Part (C) shall contain- (i) the Index of Papers ; (ii) the order sheet pertaining to the age inquiry under section 48 of the Act; (iii) applications filed pertaining to the claim of juvenility or opposing the same ; (iv) all depositions of witnesses in age inquiry; (v) documentary evidences tendered during age inquiry; (vi) the orders of the Board during age inquiry including the order on conclusion of age inquiry; (vii) the Judgment of the Appellate Court on the age inquiry, if any; and (viii) the Judgment of High Court/Court of Sessions in revision on the age inquiry, if any. (D) Part D shall contain- (i) the Index of Papers ; (ii) the order sheet pertaining to the process pursuant to passing of order by the Board under section 16 of the Act or under any other provision of the Act and the rules which are passed with a view to follow-up on rehabilitation of the juvenile in conflict with law: (iii) Social Investigation Report filed by the Probation Officer or Welfare Officer, as the case may be ; (iv) compliance reports filed by the authorities concerned, parents, non-governmental organizations, juvenile himself; (v) report of probation officers, counsel or, social worker, etc.; (vi) all the applications, reports and documents pertaining and incidental to the process of rehabilitation. (2) Except as provided in sub-rules (4), (5) and (6), all judicial records, documents and registers in respect of a juvenile or a child shall be kept in a safe place for a period of seven years and no longer, and thereafter be destroyed: Provided that the Juvenile Justice Board may order, for reasons to be recorded, that any particular paper or record of any particular case be preserved beyond such time period. (3) It shall be the duty of the Record Keeper of the Board to ensure that the identity of the juvenile is erased or blackened on every document before it is sent for destruction. The destruction of the record shall be carried out under the supervision of the Record Keeper and shall be effected by actual tearing of the papers. The documents, which it appear will give away the identity of the juvenile in conflict with law and that the blackening and the erasing will not serve the purpose of safeguarding the identity, shall be destroyed by burning under supervision. (4) Part B of the record shall be preserved for a period of five years from the date of attainment of majority by the juvenile in conflict with law and shall then be destroyed unless their preservation fora longer period is necessary on special grounds to be recorded in writing : Provided that the order of age shall also be stored in digitalized form for twelve years in all cases, irrespective of the age of juvenile and shall then be destroyed unless its preservation for a longer period is necessary on special grounds to be recorded in writing. (5) Part A of the Record shall be preserved for one year and shall thereafter be destroyed. (6) Part D of the Record shall be preserved beyond one year of the date of attainment of majority by the juvenile in conflict with law or till the period of conclusive compliance of the orders passed under section 16 by the Juvenile Justice Board, whichever is later. (7) The period prescribed above shall be taken to run from the date of the final order passed under section 16 of the Act by the Juvenile Justice Board, or. in the event of an appeal or revision, from that of decision of appeal or the revision, as the case may be. (8) When under the above rules any of the records contained in Part A, B, C or D are destroyed, a note to the effect shall be made at the time of destruction, against the entry of the case in the Goshwara. When the above record is destructed partially, entry to that effect shall be made accordingly. All notes made above shall be attested by the Record-Keeper. (9) The documents belonging to a private person or to Government, which have not been impounded in the case in which they were produced, shall be separated or removed from the record. These documents shall be preserved and kept in a separate parcel, and notice shall, whenever practicable, be given to the persons who produced them in court, requiring them to take them back into their own keeping within six months from the date of the notice, and warning them that they will be kept at their risk, and that the Juvenile Justice Board declines all responsibility for them. ### 97. Non-disclosure of identity, removal of disqualification and stigma in relation to a juvenile or a child. (1) All the records of the juvenile or child such as case reports, reports of the probation officer, Counsellor and social worker, medical records, orders of the Board or the Committee or the Court, as the case may be. regarding the case, shall be confidential and can be given to appropriate third parties subject to order of the competent authority for the purposes of:- (i) record keeping, monitoring or research ; or (ii) any other purpose mandated by law, for reasons to be recorded in writing. (2) Records of juveniles in conflict with law except for the record relating to determination of age shall not be used in adult proceedings in subsequent cases involving the same juvenile. (3) Information which may lead to the identification of the juvenile shall not be published, either by private agents or State agencies. (4) Whenever a person is asked to furnish information whether he has been convicted for any offence in any form for any purpose, this question will be deemed to be limited to information relating to conviction of the person for an offence which he may have committed after attaining the age of 18 years. (5) Notwithstanding anything contained in any other law, having applicability at the relevant time, non-disclosure of any information concerning registration of complaint or FIR or DD Entry, institution, pendency, disposal, discharge, compounding, acquittal, conviction or termination of any inquiry or any ancillary proceeding in respect of a juvenile or a child or a juvenile in conflict with law in any court or board or committee or any commission or police station or any other forum, as the case may be, shall neither amount to an offence nor concealment of truth or fact, whether such disclosure or non-disclosure is made during the time of juvenility or thereafter. (6) Any person in possession of any information or document or record pertaining to a child or juvenile or juvenile in conflict with law shall not make disclosure of the same, in any manner: Provided that disclosure may be made under the orders of the Competent Authority if it is in the interest of such child. (7) No person or competent authority or court or agency or institution in possession of any such information in any manner, shall attach or cause to be attached any disqualification, harm, prejudice, presumption or stigma to a child or juvenile or juvenile in conflict with law for the reason of having been dealt with under the provisions of the Act. (8) Violation of sub-rule (7) shall be cognizable by the Board or Committee or any court, as the case may be, having jurisdiction over the area where such violation has occurred. (9) The records or documents in respect of a juvenile or a child ora juvenile in conflict with law shall be kept in a sealed cover at a safe place for a period of five years from the date of attainment of majority by the juvenile or the child or the juvenile in conflict with law or for a period of five years from the date of final disposal of the proceedings including appeal or revision whichever is later, and thereafter shall be destroyed by the Officer Incharge of the institution or police station, or Board or Committee or court, as the case may be unless required for a proceeding in a court of law : Provided that the age record and other essential record except the record of inquiry of offence shall be maintained even thereafter whether in the same form or digitalised form. (10) Provisions contained herein above in this rule shall also apply to Child Welfare Committees to the extent applicable and practicable and any reference made therein to any provision of the Act made in relation to the Board or process pertaining to a juvenile in conflict with law shall be read as replaced with the corresponding provision of the Act in relation to the Committee or a child in need of care and protection, as the case may be. ### 98. Repeal and Saving. - The J&K Juvenile Justice Rules, 2005 shall stand repealed immediately on the publication of these rules: Provided that anything done or any order issued, shall, in so far as it is not inconsistent with the provisions of these rules, be construed to have been done or issued under the corresponding provisions of these rules. I --- Clothing Bedding Toiletries and other articles (See rule 39) (1) Juveniles or children shall be provided with the following articles :- \| \| \| --- \| \| Bedding \| \| S. No. \| Article \| Quantity to be provided per child \| \| 1 \| 2 \| 3 \| \| 1 \| Towels (4ft x 2ft) \| 3 per year \| \| 2. \| Cotton Bed Sheets \| 4 per 2 years \| \| 3. \| Pillow \| 1 per 2 years \| \| 4. \| Pillow Covers \| 2 per 2 years \| \| 5. \| Woollen blankets \| 3 per 3 years \| \| 6. \| Cotton durry \| I per 2 years \| \| 7. \| Mattress \| 1 per 3 years \| \| 8. \| Mosquito Net \| 1 per 2 years \| \| 9. \| Quilt \| 1 per 3 years \| \| Clothing for girls \| \| 1. \| Skirts and Blouse or Salwar Kameez orHalf Sari with blouses and petticoats \| 5 sets per year for girls depending onage and regional preferences \| \| 2. \| Banyans \| 6 per year for younger girls \| \| 3. \| Brassieres \| 6 per year for older girls \| \| 4. \| Panties \| 6 per year \| \| 5. \| Sanitary Towels \| 12 packs per year for older girl; \| \| 6. \| Woollen Sweaters (full sleeves) \| 2 in 2 years \| \| 7. \| Woollen Sweaters (half sleeves) \| 1 in 1 year \| \| 8. \| Woollen Shawls \| 1 in 1 year \| \| Clothing for boys \| \| 1 \| Shirts \| 4 per year \| \| 2. \| Shorts \| 4 per year for younger boys \| \| 3. \| Pants \| 4 per year for older boys \| \| 4. \| Vest \| 4 per year \| \| 5. \| Underwear \| 4 per year \| \| 6. \| Woollen Jerseys (full sleeves) \| 2 in 2 years \| \| 7. \| Woollen Jerseys (half sleeves) \| 1 in 1 year \| \| 8. \| Scarfs or cap \| 2 in 2 years \| \| Miscellaneous Articles \| \| 1. \| Slippers \| 2 pair per year \| \| 2. \| Sports Shoes \| 1 pair per year \| \| 3. \| School Uniform \| 2 sets per year for children attending outside schools \| \| 4. \| School Shoes \| i pair per year for children attending outside schools \| \| 5. \| School Bag and Stationery \| 1 set per year for children attending outside schools \| \| 6. \| Handkerchiefs \| 6 per year \| \| 7. \| Kurta Payjama \| 2 sets per year \| \| 8. \| Track suit \| 1 set per year. \| \| 9. \| Socks \| 4 pairs per year \| (2) In addition to the clothing specified above, each child shall be provided, once in three years, with a suit consisting of one white shirt, one pair of Khaki shorts or pants, one pair of white canvas shoes and one blazer for use during ceremonial occasions. In the case of girls it shall be one white salwar kameez or one white skirt and one white blouse, a pair of white canvas shoes and a blazer (3) In every hospital attached to the institution where there is provision for in-patient cots, the following scale has to be followed :- \| \| \| \| \| --- \| --- \| --- \| \| S. No. \| Night clothing and bedding \| Scale for supply \| \| 1 \| 2 \| 3 \| \| 1. \| Mattress \| One per bed per 3 years \| \| 2. \| Cotton Bed Sheets \| Four per bed per year \| \| 3. \| Pillows \| One per bed per two years \| \| 4. \| Pillow Covers \| Four per bed per year \| \| 5. \| Woollen blankets \| One per bed per 2 years \| \| 6. \| Pyjamas and loose shirts for boys \| 3 pairs per child per year \| \| 7. \| Skirts and blouses or shalwar kameez for girls \| 3 pairs per child per year \| \| 8. \| Cotton durry \| One per bed per three years \| (a) When a child is admitted as an in-patient in the Institution Hospital, the Institution Doctor shall issue the in-patient with the hospital clothing, the clothes, on body being preserved, duty washed and handed back, at the time of the child's discharge from the hospital; (b) Each child shall be provided with Kit Box or a Locker, as per convenience and necessity; (c) The Officer Incharge may make arrangements for two-tier bed system in place of conventional cots, as per convenience and necessity. (4) Toiletry: Every resident of the Home shall be issued with oil, soap and other material for in accordance with the following scales: \| \| \| \| \| --- \| --- \| --- \| \| S. No, \| Toiletry \| Scale for supply \| \| 1 \| 2 \| 3 \| \| 1. \| Hair oil for grooming the hair \| 100 mgs per month \| \| 2. \| Toilet soap or carbolic soap \| 1 large bar per month \| \| 3. \| Tooth paste and brush \| 1 Brush per 3 months 50gms paste per month \| \| 4. \| Comb \| 1 per year \| \| 5. \| Shampoo sachets (for girls) \| 10 per month \| (a) For washing of cloth and towels, bed-sheet etc., the following scale may be followed :- \| \| \| \| \| --- \| --- \| --- \| \| S. No. \| Washing of cloth \| Scale for supply \| \| 1. \| Washing Soap \| 3 soap for one month (125 gms) or equivalent washing powder \| \| 2. \| Whitening or bleaching agent \| to the extent required only for white clothing: \| Provided, however, the hospital clothing is not mixed with other clothing at the time of washing and if necessary, the Officer Incharge can issue the above items separately for washing of hospital clothing. The Officer Incharge may get installed washing machines, as required. (b) The children attending school outside the institution may be issued with one additional bar of washing soap (100 gms) per head per month for washing their school uniform. (5) The following items shall be provided for maintaining the Homes in a healthy and sanitary condition ; \| \| \| \| \| --- \| --- \| --- \| \| S. No. \| Item \| Scale of Supply \| \| 1 \| 2 \| 3 \| \| 1. \| Broom Stick \| 25 to 40 Nos. per month depending on the area of the institution \| \| 2. \| Pesticide spray \| As per the institution Doctor's advice \| \| 3. \| Effective bugs killing agent \| As required \| \| 4. \| Phenyl and cleaning acid \| Depending on the area of lavatories to be (daily) cleaned as per institution Doctor's advice. \| \| 5. \| Mosquito repellent \| 2 per room per month \| II ---- Nutrition and Diet Scale [See rule 41 (1) ] (1) The suggested daily routine is: \| \| \| \| \| --- \| --- \| --- \| \| S. No. \| Timings \| Activity \| \| 1 \| 2 \| 3 \| \| 1. \| 6.00 a. m. \| Opening of dormitories and counting of children \| \| 2. \| 6.00 a. m. to 7.00 a. m. \| Bathing and washing \| \| 3. \| 7.00 a. m. to 7.15 a. m. \| Prayers \| \| 4. \| 7.15 a. m. to 8.15 a. m. \| Morning meal/Breakfast \| \| 5. \| 8.15 a. m. to 8.30 a. m. \| Reporting and leaving for hearing, for those children who have inquiries listed on the day and for the others, reporting for their classes. \| \| 6. \| 8.30 a. m. to 12.00 noon \| Vocational classes as per respective schedules including life skills training. \| \| 7. \| 12.00 noon to 1.00 p.m. \| Midday meal/Lunch \| \| 8. \| LOO p. m. to 2.00 p. m. \| Mid day rest/Library \| \| 9. \| 2.00 p. m. to 4.00 p. m. \| Education classes \| \| 10. \| 4.00 p. m. to 5.00 \| Evening snack \| \| 11. \| 5.00 p. m. to 7.30 p. m. \| Outdoor and indoor recreational activities and yoga \| \| 12. \| 7.30 p. m. to 8. 30 p. m. \| Counting of children and night meal/dinner \| \| 13. \| 8.30 p. m. to 10.00 p. m. \| TV, indoor games or library (as per the choice of the child) \| \| 14. \| 10.00 p. m. \| Lights off and closing of dormitories \| (2) Necessary changes in the suggested routine as required by the season or school timing may be made by the Officer Incharge or the department in writing. (3) Children requiring counselling, medical check ups etc. shall be called as per the schedule of the counsellor or medical officer. (4) Children required to be taken for check ups outside the home shall be taken as per the appointment/time given. (5) A mandatory medical check up for each child shall be got conducted once or twice a week and a psychiatric check up once a week. (6) The same shall also be reflected in the registers of doctor so that the same could be open to inspection and the case files maintained in respect of the children. III ----- Nutrition and Diet Scale [See rule 42 (c) ] (1) Juveniles or children in the institutions shall be provided nutrition as per the following diet scale : \| \| \| \| \| --- \| --- \| --- \| \| S. No. \| Name of the articles of diet \| Scale per head per day \| \| 1 \| 2 \| 3 \| \| 1. \| Rice/Wheat/Ragi/Jowar/ Bread \| 600 Gms, (700 Gms for 16-18 yrs age) of which at least 100 gms to be either Wheat or Ragi or Jowar \| \| 2. \| Dal/Rajma/Chana/ Moong/Mash \| 120 Gms \| \| 3. \| Edible Oil \| 50 Gms \| \| 4. \| Onion \| 25 Gms \| \| 5. \| Salt \| 25 Gms \| \| 6. \| Turmeric \| 05 Gms \| \| 7. \| Coriander Seed Powder \| 05 Gms \| \| 8. \| Ginger \| 05 Gms \| \| 9. \| Garlic \| 05 Gms \| \| 10. \| Tamarind/Mango powder \| 05 Gms \| \| 11. \| Milk (at breakfast) \| 300 ml \| \| 12. \| Dry Chilies \| 05 Gms \| \| 13. \| Vegetables Leafy Non-leafy \| 100 Gms 130 Gms \| \| 14. \| Curd or Butter Milk \| l00 Gms/Ml \| \| 15. \| Chicken once a week or Eggs 4days or paneer once a week \| 115 Gms \| \| 16. \| Nutri-nuggets twice a week \| 30 Gms \| \| 17. \| Jaggery and Ground Nut Seeds \| 60 Gms each (100 Gms for paneer) once in a week \| \| 18. \| Sugar \| 40 Gms \| \| 19. \| Jam/Butter \| 25 Gms \| \| 20. \| Tea \| 4 Gms per day \| \| Following items for 50 Children per day \| \| 21. \| Pepper \| 25 Gms \| \| 22. \| Jeera Seeds \| 25 Gms \| \| 23. \| Black Gramdal \| 50 Gms \| \| 24. \| Mustard Seeds \| 50 Gms \| \| 25. \| Ajwain Seeds \| 50 Gms \| \| On non-veg Day for 10 Kg. of meat/chicken/fish \| \| 26. \| Garam Masala \| 10 Gms \| \| 27. \| Mustard Oil \| 500 Gms \| \| \| For Sick Children \| \| 28. \| Bread \| 500 Gms \| \| 29. \| Milk \| 500M1 \| \| Other Items \| \| 30. \| LP Gas for Cooking only \| As required \| (2) Variation in Diet- (a) Three varieties of dal i. e., Rajmash Moong (Green Gram), Mash (Black gram) and Chana (Bengal Gram) may be issued alternatively: (b) The Officer Incharge may also arrange to substitute chicken with fish at his discretion, provided that there is no extra expenditure to Government. (c) On non-vegetarian days, vegetarian children shall be issued 100 gms paneer. (d) Potatoes shall be issued in lieu of vegetables once in a week. (e) Leafy vegetables such as Fenugreek (Methi), Spinach (palak), Knolkhol (Kadam), (Sarson (Mustard leaves), or any other saag etc., may also be issued once in a week. If a kitchen garden is attached to any institution leafy vegetables, in addition to mint leaves, curry leaves trees and coriander leaves, should be grown and issued and the Officer Incharge should try to issue variety of vegetables and see that the same vegetable is not repeated for at least a period of one week. (f) The Officer Incharge may make temporary alternations in the scale of diet in individual cases when considered necessary by him, or on the institution Doctor's advice subject to the condition that the scale laid down is not exceeded. (3) Meal Timing and Menu : (a) Breakfast before 8:00 a. m. (i) Puri, bread or chapattis made of Wheat or any other dish; (ii) Chutney with dal/vegetable may be issued as a dish ; (iii) Milk ; (iv) Any seasonal fruit in sufficient quantity; (b) Lunch at 1:00 P.M. and Dinner after 7:00 P.M. (i) Rice/Chapattis or combination of both (ii) Vegetable Curry ; (iii) Dal ; (iv) Butter Milk or curd. (4) Others : (a) Depending on the season, the Officer Incharge shall have the discretion to alter the time for distribution of food ; (b) On the advice of the Institution Doctor, every sick child who is prevented from taking regular food, on account of his ill-health, may be issued with medical diet, as indicated in diet scale; (c) Extra diet for nourishment like milk, eggs, sugar and fruits shall be issued to the children on the advice of the institution Doctor in addition to the regular diet, to pick up weight or for other health reasons and for the purpose of calculation of the daily ration, the sick children shall be excluded from the day's strength ; (d) On all the national and religious festival occasions, sweet dishes may be distributed to all the children at the institutions at the rate fixed by the Commissioner/Secretary, Social Welfare, from time to time ; (e) State may specify additional festivals depending upon local preferences. Form-I [See rule 10 (i) ] Format for sending Quarterly Information to the Chief Judicial Magistrate \| \| \| --- \| \| Part-A \| \| Year \| Months \| Number of Inquiriescompleted \| Total Number of Inquiriescompleted in the reportingperiod \| \| \| 1. \| 1. \| \| \| \| 2. \| 2. \| \| \| \| 3. \| 3. \| \| \| Particulars of JuvenileJustice Board \| \| Name of PrincipalMagistrate \| Name of SocialWorker \| Name of SocialWorker Member \| \| \| \| --- \| \| Part-B \| \| 1. Month of .......... \| \| S. No. \| Name of Juvenile \| FIR No., Police Station & District Offences Alleged \| Date of Registration of FIR \| Date of first Production of Juvenile involved in the case before Board or before Individual Member of Board, as the case may be \| Police Investigation Report filed on \| Date of Initiating Inquiry under Section 15 of the Act \| Date of Closure of Inquiry under Section 15 of the Act \| Result of Inquiry (Please give short description of result of Inquiry/Brief of Judgement) \| Reason in brief for delay in completing the inquiry(If Any) \| \| \| \| --- \| \| 2. Month of .......... \| \| S. No. \| Name of Juvenile \| FIR No., Police Station & District Offences Alleged \| Date of Registration of FIR \| Date of first Production of Juvenile involved in the case before Board or before Individual Member of Board, as the case may be \| Police Investigation Report filed on \| Date of Initiating Inquiry under Section 15 of the Act \| Date of Closure of Inquiry under Section 15 of the Act \| Result of Inquiry (Please give short description of result of Inquiry/Brief of Judgement) \| Reason in brief for delay in completing the inquiry(If Any) \| \| \| \| --- \| \| 3. Month of .......... \| \| S. No. \| Name of Juvenile \| FIR No., Police Station & District Offences Alleged \| Date of Registration of FIR \| Date of first Production of Juvenile involved in the case before Board or before Individual Member of Board, as the case may be \| Police Investigation Report filed on \| Date of Initiating Inquiry under Section 15 of the Act \| Date of Closure of Inquiry under Section 15 of the Act \| Result of Inquiry (Please give short description of result of Inquiry/Brief of Judgement) \| Reason in brief for delay in completing the inquiry(If Any) \| Instructions for filling the format ### 1. Cases in which Inquiry under Section 15 of the Act is completed in the Given Month shall be reported in the Format ### 2. Entries in the format shall be made juvenile-wise, meaning thereby if there are more than one juvenile it a case, entry in respect of each juvenile shall be entered separately in the format. ### 3. Reports of 3 consecutive months (Quarter) shall be sent together. For example, first report in respect of January- February-March shall be sent together in the first week of April. Prepared on : Dispatched to Chief Judicial Magistrate on: (Signature of Principal Magistrate) (Signature of Social Worker Member) Form-II [See rule 12 (1) ] Social Background Report Personal History ### 1. Name of the child ......... ### 2. Age (attach proof/documents) ### 3. Sex.... ### 4. Religion..................... ### 5. Caste. ### 6. Educational Qualification (child studying in school) Name of the school Name of the school (last attended in case child is a school drop-out) ### 7. Whether child is working (if yes, mention details): Yes/No, Nature of work........................................ Place of work................................................ Address of work place...................................... Name of the Employer/Finn/Company. ......................... Telephone No.......................................... ### 8. Residential address/contact number (with landmark): Present Address....................................... Telephone No............................................... Permanent Address................................................ Telephone No............................ (Landmark) ........ ### 9. Does child has any history of addiction to Drugs/Alcohol/Tobacco items. If yes, specify the same..................................... Family Background \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Member of the family \| Name/Age \| Health (Disability if any) \| Education \| Occupation \| Monthly income \| Any habit of Drugs, Alcohol, Tobacco \| \| Father Mother Siblings (if married please . specify) Any other legal guardian \| \| \| \| \| \| \| ### 10. Date, time and place of apprehension............................... ### 11. Date, time and place of sharing information with the parents/ guardian/fit person ........................................................... PS Reference...................... DD No........................... ### 12. Where the child kept during custody of police/JWO : ### 13. Name of Juvenile Welfare Officer/Police Officer in whose custody child kept: ### 15. Section of law ### 16. Any adult involved in this case: (if yes, give details) ### 17. Name of Investigation/ Handling Officer with contact number: Case Background ### 14. , DD Entry No............. FIR No ................... Police Station.............. ### 15. Section of law.................................................................................... ### 16. Any adult involved in this case: (if yes, give details)........................................................ ### 17. Name of Investigation/Handling Officer with contact number : ............................................................ PIS No ............................. Telephone No........................ Name of Juvenile Officer with contact number: PIS No........................Telephone No............................... Name & Signature of JWO......................... Date............................................. Form-III [See rule 12(2) (i)] Apprehension Memo FIR N0./D.D. No.............................................U/S..........................................Date...................................................... Police Station .................. District............. ### 1. Name of the child with alias (if any)......................................................................... ................................................................................................................. ................................................................................................................. ### 2. Present address of the Child.................................................................................. ................................................................................................................. ................................................................................................................. ### 3. Permanent address of the child ................................................................................................................. ................................................................................................................. ### 4. FIR/DD No. & Section (s) of Law ................................................................................................................. ................................................................................................................. ### 5. Place of apprehension......................................................................................... ### 6. Date & time of apprehension................................................................................... ### 7. Name, address & telephone number of the person informed about apprehension............................................................. ### 8. Relation of the person with juvenile................................. ................................................................................................................. ### 9. Name, Rank and No. of the officer, Making the apprehension.................................................... ### 10. Name, Rank and No. of the Juvenile Welfare Officer........................................................... Witnesses with Address ### 1. .............................................. ### 2. .............................................. ### 3. .............................................. Signature by Parent/guardian/ Probation Officer/ Social Welfare Signature of Juvenile Welfare Officer PS.................................-..... Note : One copy to be delivered to the member of Child's family. Form-IV [See rule 12 (2) (ii)] Report on Circumstances Of Apprehension of Juvenile Name of Juvenile.............................................................................................................. F.I.R.No....................................................Date.............................................................. Police Station.............................................District........................................................... Under Section/(s) ............................................................................................................. The Juvenile above-named has been apprehended due to his alleged involvement in allegations made in the F.I.R. afore-mentioned. Whether the alleged offences are punishable for less than 7 years for adults (yes or no): If Yes, please give the reason as to why apprehension has been made and explain as to how it is in interest of the juvenile : Please explain in detail the circumstances of apprehension of Juvenile : ### 1. Place from where Juvenile has been apprehended : .......................................................................................................... ### 2. Date and Time when Juvenile was given into the charge of Juvenile Welfare Officer: .......................................................................................................... ### 3. Name, Number and Designation of Police Officer who handed over Juvenile to the concerned Juvenile Welfare Officer: .......................................................................................................... .......................................................................................................... ### 4. Was Juvenile caught or detained by any person from the Public ? If yes, give full details. ............................................................................................................ .......................................................................................................... ### 5. Whether parents or guardian of family members of Juvenile were present at the time of apprehension ? If yes, give full details. .......................................................................................................... .......................................................................................................... ### 6. Please explain whether juvenile produced himself to the Police on his own, or was brought to police by his parents, guardian or family members or Police searched for him to apprehend ? .......................................................................................................... .......................................................................................................... ### 7. After how much time after the incident, juvenile has been apprehended ? .......................................................................................................... .......................................................................................................... ### 8. Did Juvenile make any attempt to hide himself or tried to escape from Police ? .......................................................................................................... .......................................................................................................... ### 9. Any other relevant description . .......................................................................................................... .......................................................................................................... .......................................................................................................... Date : Time : (Signature and Details of Juvenile Welfare Officer who prepared this Report) Form-V [See rule 12 (2) (iii)] Request for Medical Examination Case FIR/D.D.No......................................................Date..............U/s................. P. S....................................................................................................... To. The Chief Medical Officer ............................................................................................................ ............................................................................................................ ............................................................................................................ Subject: Request for Medical Examination Sir. With due respect I am sending Master/Ms........................................................................... S/o, D/o, W/o Sh.................................................................................................. R/o............................................................................................................... ........................................................Age....................................................... in the custody/protection of ### 1. Const................................... No............................... ### 2. W/Const.....................................No............................ It is, therefore, requested that the child or patient may kindly be medically examined and opinion regarding his injuries or ailment may be furnished. Thanking you. Name of JWO.................................... P. S.................................. Distt................................. Date................................. Form-VI [ See rule 12 (3) ] Undertaking Undertaking to be given by parent/guardian/fit person in whose custody juvenile/ child in conflict with law (JCL) /Child in need of care and protection (CNCP) is released by a police officer. Case No ...................of..........................20..................... Whereas.......................... has been found to be in conflict with law/ in need of care and protection, and has been placed under the care and supervision of..........................(Name) ........................(Address) ............................................................... Subject to following conditions, that:- ### 1. The child shall be produced before the Juvenile Justice Board (JJB) / Child Welfare Committee (CWC) as and when required by me. ### 2. The child shall remain under my supervision. ### 3. The child shall reside at.....................and address of child shall not be changed without information to the J WO/JJB/CWC. ### 4. The child shall go to school regularly. ### 5. The child shall be permitted to make endeavour to earn an honest livelihood. ### 6. I shall arrange for the proper care, education and welfare of the child. ### 7. The child shall not be allowed to associate with undesirable characters and shall be prevented from coming in conflict with law again. ### 8. The child shall be prevented from taking Narcotic Drugs or Psychotropic Substances or any other intoxicants. This............................... day of............................201 Signature of parent/guardian/fit person Countersigned by JWO P. S................................ FORM VII [See rule 17 (11) ] Undertaking/bond to Be Executed By a Parent/ Guardian/relative/fit Person in Whose Care a Juvenile is Placed Whereas, I,\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_being the parent, guardian, relative or fit person under whose care (name of the juvenile) has been ordered to be placed by the Juvenile Justice Board, have been directed by the said Board to execute an undertaking/bond with surety in the sum of Rs.\_\_\_\_\_\_\_\_\_\_\_\_\_ /- (Rupees\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_) or without surety. I hereby bind myself on the said\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_being placed under my care. I shall have the said\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_properly taken care of and I do further bind myself to be responsible for the good behaviour of the said\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_and to observe the following conditions for a period of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_years w. e. f. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 1. that I shall not change my place of residence without giving previous intimation in writing to the Juvenile Justice Board through the Probation Officer/Case Worker ; ### 2. that 1 shall not remove the said juvenile from the limits of the jurisdiction of the Juvenile Justice Board without previously obtaining the written permission of the Board ; ### 3. that 1 shall send the said juvenile daily to school/to such vocation as is approved by the Board unless prevented from so doing by circumstances beyond control; ### 4. that I shall send the said juvenile to an Attendance Centre regularly unless prevented from doing so by circumstances beyond my control; ### 5. that I shall report immediately to the Board whenever so required by it; ### 6. that I shall produce the said juvenile in my care before the Board, if he/ she does not follow the orders of Board or his/her behaviour is beyond control; ### 7. that I shall render all necessary assistance to the Probation Officer/ Case Worker to enable him to carry out the duties of supervision ; ### 8. in the event of my making default herein, I undertake to produce myself before the Board for appropriate action or bind myself, as the case may be, to forfeit to Government the sum of Rs.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Rupees \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ). Dated this\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_20 Signature of person executing the Undertaking/Bond. (Signed before me) Principal Magistrate, Juvenile Justice Board. Additional conditions, if any, by the Juvenile Justice Board may be entered numbering them properly; (Where a bond with sureties is to executed add) I/we,\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(place of residence with full particulars) hereby declare myself/ourselves as surety/sureties for the aforesaid (name of the person executing the undertaking/bond) to adhere to the terms and conditions of this undertaking/ bond. In case of (name of the person executing the bond) making fault therein, I/we hereby bind myself/ourselves jointly or severally to forfeit to Government the sum of Rs.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ /- (Rupees\_\_\_\_\_\_\_\_\_\_\_\_) dated this the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_day of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_20\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_in the presence of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. Signature of Surety(ties) (Signed before me) Principal Magistrate, Juvenile Justice Board. Form VIII [See rule 17 (12) ] Personal Bond by Juvenile/child Personal Bond to be signed by juvenile/child who has been ordered under clause\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_of sub-section\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_of section\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_of the Act. Whereas, I, inhabitant of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(give full particulars such as house number, road, village/town, tehsil, district; state)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_have been ordered to be sent back/restored to my native place by the Juvenile Justice Board/Child Welfare Committee\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_under section\_\_\_\_\_\_\_\_\_\_\_\_\_\_of the Juvenile Justice (Care and Protection of Children) Act, 2000 on my entering into a personal bond under sub-rule \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ of rule\_\_\_\_\_\_\_\_\_\_\_and of rule\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_of these rules to observe the conditions mentioned herein below. Now, therefore, I do solemnly promise to abide by these conditions during the period\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. I hereby bind myself as follows: ### 1. That during the period\_\_\_\_\_\_\_\_\_\_\_\_\_I shall not ordinarily leave the village/town/district to which 1 am sent and shall not ordinarily return to\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_or go anywhere else beyond the said district without the prior permission of the Board/Committee; ### 2. That during the said period I shall attend school/vocational training in the village/town or in the said district to which 1 am sent; ### 3. That in case of my attending school/vocational training at any other place in the said district I shall keep the Board/Committee informed of my ordinary place of residence. I hereby acknowledge that I am aware of the above conditions which have been read over/explained to me and that 1 accept the same. (Signature or thumb impression of the juvenile/child) Certified that the conditions specified in the above order have been read over/explained to (Name of juvenile/child)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_and that he/she has accepted them as the conditions upon which his/her period of detention/placement in safe custody may be revoked. Certified accordingly that the said juvenile/child has been released/ relieved on the . \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature and Designation of the certifying authority i. e. Officer Incharge of the institution. Form IX [See rule 19 (2) ] Individual Care Plan Individual care plan for each child shall be prepared following the principle of the best interest of the child. In preparing individual care plan the care options in the following order of preferences shall be considered:- (i) Preserving the biological family (ii) Kinship Care (iii) In country adoption (iv) Foster Care (v) Inter country Adoption (vi) Institutional Care Case/Profile No. of 20\_\_\_\_\_\_\_\_\_\_(year) of the Board/Committee Admission No. Date of Admission: A. Personal Details ### 1. Name of the Child : ### 2. Age: ### 3. Sex: Male/Female ### 4. Father's/Mother's Name : ### 5. Nationality: ### 6. Religion/caste: ### 7. Educational Attainment: ### 8. Summary of Case History : Health needs : Emotional and psychological support needed Educational and training needs Leisure, creativity and play Attachments and Relationships Religious beliefs Protection from all kinds of abuse, neglect and maltreatment Special main streaming Follow-up post release/restoration B. Fortnightly Progress Report of Probationer Part One ---------- ### 1. Name of the Probation Officer/Case Worker ### 2. For the month of ### 3. Registration No. ### 4. Competent Authority ### 5. Profile No. ### 6. Name of the Child ### 7. Date of Supervision Order ### 8. Address of the Child ### 9. Period of Supervision Part Two ---------- Places of interview dates .............................. .............................. .............................. ### 1. Where the child is residing? ### 2. Progress made in any educational/training course. ### 3. What work he/she is doing and his/her monthly average earning, if employed. ### 4. Savings kept in the Post Office. ### 5. Savings Bank Account in his/her name. ### 6. Remarks on his/her general conduct and progress. ### 7. Whether property cared for ? Part Three ------------ ### 1. Any proceedings before the competent authority of or-------- (a) Variation of conditions of bond (b) Change of residence (c) Other matters ### 2. Period of supervision completed on. ### 3. Result of supervision with remarks (if any). ### 4. Name and addresses of the parent or guardian or fit person under whose care the juvenile is to live after the supervision is over. Date of report\_\_\_\_\_\_\_\_\_\_\_\_\_Signature of the Probation Officer/Case Worker\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ C. Pre-Release Report Tick whichever is applicable Final Release Transfer ### 1. Details of place of transfer and concerned authority responsible in the place of transfer/release ### 2. Details of placement of the juvenile/child in different institutions ### 3. Training undergone and skills acquired ### 4. Final progress report of the Officer Incharge/Probation Officer/ Child Welfare Officer/Case Worker/Social Worker (to be attached) ### 5. Date of release/transfer ### 6. Date of repatriation ### 7. Requisition for escort if required ### 8. Identification of escort ### 9. Recommended rehabilitation plan including possible placements ### 10. Sponsorship requirement and report, if applicable ### 11. Identification of Probation Officer/Case Worker/Social Worker/non-governmental organization for post-release follow-up ### 12. Memorandum of Understanding with non-governmental organization identified for post-release follow-up ### 13. Identification of sponsorship agency/individual sponsor for the child post-release, if any ### 14. Memorandum of Understanding between the sponsoring agency and individual sponsor ### 15. Details of Savings Account of the child, if any ### 16. Details of child's earnings and belongings, if any ### 17. Details of awards/rewards due to the child, if any ### 18. Opinion of the child ### 19. Any other information Note: - Pre-release report shall be prepared 6 months prior to the date of release/transfer of juvenile/child and shall take into account the recommendations of the last review report and all other relevant information. D. Post-Release Report ### 1. Status of Bank Account: Closed/Transferred ### 2. Earnings and belongings of the child : handed over to the child or his/her parents/guardians-Yes/No ### 3. First interaction report of the probation officer/child welfare officer/case worker/social worker/non-governmental organisation identified for follow-up with the child post-release ### 4. Placement of the juvenile/child, if any ### 5. Family's behaviour towards the child ### 6. Social milieu of the child, particularly attitude of neighbours/ community ### 7. How is the child using the skills acquired ? ### 8. Whether the child has been admitted to a school or vocation ? Give date and name of the school/institute/any other agency 4 ### 9. Report of second and third follow-up interaction with the child after two months and six months respectively. Form X [See rule 31 (18) ] Undertaking by the Parent or 'Fit Person' to Whom Child is Restored I,\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Resident of House No.\_\_\_\_\_\_\_\_\_\_\_\_\_ Street\_\_\_\_\_\_\_\_\_\_\_\_\_Village/Town District \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ State;\_\_\_\_\_\_\_\_\_\_\_do hereby declare that I am willing to take charge of (name of the child)\_\_\_\_\_\_\_\_\_\_\_\_Aged\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_under the orders of the Child Welfare Committee\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_subject to the following terms and conditions:- I. If his/her conduct is unsatisfactory, I shall at once inform the Committee. II. I shall do my best for the welfare and education of the said child as long as he/she remains in my charge and shall make proper provision for his/her maintenance. III. In the event of his/her illness, he/she shall have proper medical attention in the nearest hospital. IV. I undertake to produce him/her before the competent authority as and when required. Date this\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_day of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature. Signature and address of witness (es) (Signed before me) Chairperson, Child Welfare Committee. Form XI [See rule 31 (19) ] Order of Short Term Placement Pending Inquiry To, The Officer Incharge, Name of the child : - \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Sex: Age : Father's Name: Mother's Name : Address: Date of receiving by Organization/Institution: Produced by: This is to authorize and direct you to receive the said child in your charge, and keep her/him in the Shelter Home/Children's Home for care and protection under section 33 (1) of the J. J. Act, 2000. Next Date: (Signature) Chairperson/Member, Child Welfare Committee Form XII [see rule 32 (2) ] Order for Enquiry To Child Welfare Officer/Person Incharge of Voluntary Organization/Social Worker/Case Worker \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Whereas a report under section of the Juvenile Justice (Care and Protection of Children) Act, 2000 has been received from in respect of (name of the child) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ aged (approximate) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_son/daughter of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_residing at\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_who has been produced before the Committee under section\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_of the Juvenile Justice (Care and Protection of Children) Act, 2000. You are hereby directed to enquire into the social and family background of the said child and submit your inquiry report on or before\_\_\_\_\_\_\_\_\_\_\_\_\_\_ or within such time allowed to you by the Committee. You are hereby directed to consult an expert in child psychology, Psychiatric treatment or counselling for their expert opinion if necessary and submit such report along with your Inquiry Report. You are hereby directed to enquire into the character and social antecedents of the said juvenile and submit your social investigation report on or before\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ or within such time allowed to you by the Board/Committee. Dated this \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_\_20 \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. (Signature) Chairperson/Member, Child Welfare Committee. Seal Copy to: : ### 1. The Officer Incharge. Form XIII [See rule 32 (3) ] Format for Inquiry Report SI. No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Produced before the Child Welfare Committee\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(address) . Case No. Concerned Government Department/Voluntary Organisation Category of child in need of care and protection : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Name/Religion Father's Name/Caste . Permanent Address, Year of birth Address of last residence/Age Sex \| \| \| --- \| \| Previous institutional/case history and individual care plan, if any \| \| Family \| \| Members of family \| Name \| Age \| Health \| Education \| Occupation \| Monthly earnings \| Disabilities \| Any other e.g. social habits \| \| Father \| \| \| \| \| \| \| \| \| \| Step- father \| \| \| \| \| \| \| \| \| \| Mother \| \| \| \| \| \| \| \| \| \| Step- Mother \| \| \| \| \| \| \| \| \| \| Siblings \| \| \| \| \| \| \| \| \| \| Any other legal guardian/ relative \| \| \| \| \| \| \| \| \| If married, relevant particulars :\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ other near relatives of agencies interested\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Attitude towards religion, normal and ethical code of the home etc.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Social and economic status\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Delinequency record of members of family\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Present living conditions\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Relationship between parent/parents and children especially with the said child\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_other factors of importance, if any\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Child's History Mental condition (Present and past)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Physical condition (Present and past)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Habits, interests (moral, recreational etc.)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Outstanding characteristics and personality traits\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Companions and their influence\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Truancy from home, if any \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_School (attitude towards school, teachers, class mates and vice-versa) Work record (jobs held, reasons for leaving vocational interests, attitude towards job or employers)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_or Neighbourhood and neighbours report\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Parent's attitude towards discipline in the home and child's reaction\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Any other remarks Result of Inquiry Emotional factors Physical condition Intelligence Social and economic factor Religious factor Reasons for child's need for care and protection Opinion of experts consulted Recommendatuion of Child Welfare Officer/Case Workers/ Social Worker regarding Psychological support rehabilitation and reintegration of the child and suggested plan. Signature of the Child Welfare Officer/Case Worker/ Social Worker. Form XIV [See rule 33 (l) (c))] Date: To . . .. Child Welfare Committee [Complete Address] Child [< Name of Child>] was brought to the Institution on [< Date>) at [< Time>] by the [< Mention the name of person or agency concemed>] and said child was temporarily admitted into the Institution. Relevant particulars of the Child are as below- Name of Child: Probable Age of Child : Sex of Child: Name of parents of the child (If known) : Any other relevant detail: As per the requirement of Rule 22(8) and 24(1), this report is being produced today [< Date>] at [< Time>] along with the child accompanied by [Mention the name of staffs) who accompanied the child from the Institution to Child Welfare Committee]. Kindly accept the (sic) of child and pass necessary direction regarding care and protection of child, if any. \| \| \| \| --- \| --- \| \| \| \| \| Name Ind Signature of Staff(s) of Institution accompanying the child \| Name & Signature of Officer Incharge of the Institution (Affix official Seal of institution) \| \| Date & Time: \| Date & Time : \| Form XV [See rule 35 (9) ) Order of Sponsorship Placement The juvenile/child (name and address). ............................. approximate age..................... D/o or S/o Mr. ............................. and Mrs ............................. or Ms ............................. has been identified by the State/District Child Protection Unit as a juvenile/child at risk needing urgent care and protection. On the basis of the inquiry. Report submitted by the State/District Child Protection Unit/ Child Welfare Officer/ Social Worker it is established that the said juvenile/ child needs sponsorship support for education/health nutrition/ other developmental needs ................................(please specify). The State/District Child Protection Unit is hereby directed to release Rs...............per month/Rs.............as one time sponsorship support to the said juvenile/child for a period of........... (days/month) and carry out necessary follow-up. The State/District Child Protection Unit is also directed to clearly lay down the terms and conditions for sponsorship support and follow up. Principal Magistrate, Juvenile Justice Board/Chairperson/Member, Child Welfare Committee. Copy to: State/District Child Protection Unit or concerned Department of the Government. Form XVI [See rule 36 (3) ] Order Of After Care Placement The juvenile/child (name) ................D/o or S/o............... has/will be completing 18 years of age on (date). She/he is still in need of care and protection for the purpose of rehabilitation and reintegration. She/he is placed in (name of organization).................,.............. for providing aftercare. The Incharge of the Organization is directed to admit the child and provide all possible opportunities for her/his rehabilitation and reintegration in its truest sense. The person shall be provided all these opportunities maximum till the age of 21 years only or till reintegration in the society, whichever is earlier. The Incharge will send half yearly report on the status of the child/youth to the Child Welfare Committee. The State/District Child Protection Unit is hereby directed to arrange for aftercare for the said juvenile/child for a period of....................(days/month) and carry out necessary follow-up. The State/District Child Protection Unit is also directed to clearly lay down the terms and conditions for aftercare programme and carry out necessary follow-up. Principal Magistrate, Juvenile Justice Board/Chairperson/Member, Child Welfare Committee. Copy to: Sate/District Child Protection Unit or concerned Department of the Government. Form XVII [See rule 48 (10) ] Case History form for Children in Need of are and Protection \| \| \| \| \| --- \| --- \| --- \| \| Case/Profile No .................. \| \| Affix a latest photograph here \| \| Date & Time........................ \| A, Personal Data ### 1. Name ### 2. Male/Female (tick the appropriate category) ### 3. (a) age at the time of admission (b) present age ### 4. Category: -Separated front family -Abandoned/deserted -Victim of exploitation and violence (give detail) -Run-away -Any other ### 5. Religion Hindu (OC/BC/SC/ST): Muslim/Christiani/Other (Pl. specify). ### 6. Location of Residence Urban/Sub-Urban/Rural/Slum/Industrial/ Other (PI. specify) ### 7. Native District & State ### 8. By whom the juvenile was brought before the Child Welfare Committee: I. Police-Local Police/Special Juvenile Police Unit/Railway Police/ Women Police II. Probation Officers III. Social Welfare Organization IV. Social Worker V. Parent(s) /Guardian(s)(please specify the relationship) VI. Child himself/herself ### 9. Reasons for leaving the family : I. Abuse by parent(s) 'guardian(s)/step parent(s) II. In search of employment III. Peer group influence IV. Incapacitation of parents V. Criminal behaviour of parents VI. Separation of parents VII. Demise of parents VIII. Poverty IX. Others (Please specify) ### 10. Types of abuse met by the child : I. Verbal abuse-parents siblings/employers others(Pl.specify) II. Physical abuse-denial of food/beaten mercilessly/causing injury (PI. specify) III. Sexual abuse parents siblings Employees others (pl specify) IV. Others-parents/siblings employers other (pl Specify) ### 11. Health status of the child before admission. I. Respiratory disorders-present/not known/absent II. Hearing impairment-present/not known/absent III. Eye diseases-present not known/absent IV. Dental disease-present/not known/absent V. Cardiac diseases-pa out not known/absent VI. Skin disease-present not known/absent VII. Sexually transmitted diseases -present /not known/absent VIII. Neurological disorders-present/not known/absent IX. Mental handicap-present not known /absent X. Physical handicap-present/not known/absent XI. Others (PI. specially ) present not known/absent ### 12. With whom the child was staying prior to admission : I. Parent(s) -Mother/Father/Both II. Guardian(s)-Relationship III. Friends IV. On the street V. Night shelter VI. Orphanages/Hostels/Similar Homes VII. Other (PI. specify) ### 13. Visit of the parents to meet the child : I. Prior to institutionalization-Frequently/Occasionally/ Rarely/Never II. After institutionalization-Frequently/Occasionally/Rarely/Never ### 14. Visit of the child to his family: I. Prior to institutionalization-Frequently/Occasionally/Rarely/ During festival times/During summer holidays/Whenever fallen sick/Never II. After institutionalization Mention dates: DD/MM/YY ### 15. Correspondence with parents : I. Prior to institutionalization-Frequently/Occasionally/Rarely/ During festival times/During summer holidays/Whenever fallen sick/Never II. After institutionaiization-Frequently/Occasionally/Rarely/During festival times/During summer holidays/Whenever fallen sick/ Never B Childhood History (Up to the age of 12 years) ### 16. Details of immunization provided ### 17. Details of handicap : \| \| \| \| --- \| --- \| \| I. Hearing impairment \| By birth/After accident/diseases \| \| II. Speech impairment \| By birth/After accident/diseases \| \| III. Physical handicap \| By birth/After accident/diseases \| \| IV. Mental handicap \| By birth/After accident/diseases \| \| V. Others (Please specify) \| \| ### 18. Household Composition \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S. No. \| Name& Relationship \| Age \| sex \| Education \| Occupation \| Income \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| Health \| History of Mental illness \| Handicap \| Habit \| Socialization \| \| 8 \| 9 \| 10 \| 11 \| 12 \| ### 19. Type of family: Nuclear family/joint family/broken family ### 20. Relationship among the family members: I. Father & Mother Cordial/Non-cordial/Not known II. Father & Child Cordial/Non-cordial/Not known III. Mother & Child Cordial/Non-cordial/Not known IV. Father & Siblings Cordial/Non-cordial/Not known V. Mother & Siblings Cordial/Non-cordial/Not known VI. Juvenile & Siblings Cordial/Non-cordial/Not known ### 21. History of crime committed by family members: \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| S. No \| Relationship \| Relationship \| Nature of crime \| Arrest, if any, made \| Period of confinement \| Punishment awarded \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| 1. \| Father \| \| \| \| \| \| \| 2. \| Step-father \| \| \| \| \| \| \| 3. \| Mother \| \| \| \| \| \| \| 4. \| Step-mother \| \| \| \| \| \| \| 5. \| Brother (a) (b) (c) (d) \| \| \| \| \| \| \| 6. \| Sister (a) (b) (c) (d) \| \| \| \| \| \| \| 7. \| Child \| \| \| \| \| \| \| 8. \| Others (uncle aunty/ grandparents) \| \| \| \| \| \| ### 22. Parental care towards juvenile before admission : I. Over protection II. Affectionate III. Attentive IV. Not affectionate V. Not attentive VI. Rejection D. Adolescence History (Between 12 and 18 years) ### 23. Puberty Early Middle age Late ### 24. Details of delinquent behaviour, if any: I. Stealing II. Pickpocketing III. Arrack selling IV. Drug pedaling V. Petty offences VI. Violent crime VII. Rape VIII. None of the above IX. Others (Please specify) ### 25. Reason for delinquent behaviour: I. Parental neglect II. Parental over protection III. Parents criminal behaviour IV. Parents influence (negative) V. Peer group influence VI. To buy drugs/alcohol VII. Others (pi. specify) ### 26. Habits: \| \| \| \| --- \| --- \| \| A \| B \| \| (i) Smoking \| (i) Watching TV/movies \| \| (ii) Alcohol consumption \| (ii) Playing indoor/outdoor games \| \| (iii) Drug use (specify) \| (iii) Reading books \| \| (iv) Gambling \| (iv) Religious activities \| \| (v) Begging \| (v) Drawing/painting/acting/singing \| \| (vi) Any other \| (vi) Any other \| E. Employment Details \| \| \| --- \| \| Employment details of the juveniles prior to entry into the Home \| \| S. No. \| Details of employment \| Duration \| Wages earned \| \| I. \| Cooly \| \| \| \| 11. \| Rag picking \| \| \| \| III. \| Mechanic \| \| \| \| IV. \| Hotel work \| \| \| \| V. \| Tea shop work \| \| \| \| VI. \| Shoe polish \| \| \| \| VII. \| Household works \| \| \| \| VIII. \| Others (spl. specify) \| \| \| ### 27. Details of income utilization : I. Sent to family to meet family need II. For dress materials . III. For gambling IV. For prostitution V. For alcohol VI. For drug VII. For smoking VIII. Savings ### 28. Details of savings : I. With employers II. With friends III. Bank/Post Office IV. Others (pi. specify) ### 29. Duration of working hours : i. Less than six hours II. Between six and eight hours III.More than eight hours F. Educational Details ### 30. The details of education of the juvenile prior to the admission to Children's Home I. Illiterate II. Studied up to V Standard III. Studied above V Std. but below VIII Standard IV. Studied above V. Studied above X Standard ### 31. The reason for leaving the school: I. Failure in the class last studied II. Lack of interest in the school activities III. Indifferent attitude of the teachers IV. Peer group influence V. To earn and support the family VI. Sudden demise of parents VII. Rigid school atmosphere VIII. Absenteeism followed by running away from school IX. Others (pi. specify) ### 32. The details of the school in which studied last: I. Corporation/Municipal/Panchayat Union II. Government/SC Welfare School/BC Welfare School III. Private Management IV. Convents ### 33. Medium instruction : Hindi/English/Urdu/Tamil/Malayalam/Kannadal Telugu Other language (please specify) ### 34. After admission to Children's Home, the education attainment from the date of admission till date : No. of years, class studied promoted/detained ### 44. Vocational training undergone from the date of admission into Children's Home till date : No. of years, Name of Vocational Trade Proficiency Attained ### 35. Extra curricular activities developed from the date of admission into the Children's Home till date : I. Scout II. Sports (please specify) III. Athletics (please specify) IV. Drawing V. Painting VI. Others (please specify) G Medical History ### 36. Height and weight at the time of admission : ### 37. Physical condition: ### 38. Medical history of child (gist) : ### 39. Medical history of parent/guardian (gist) : ### 40. Present health status of the child : \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sl. No. \| Annual Observation \| 1st Quarter \| 1nd Quarter \| 3rd Quarter \| 4th Quarter \| \| 1. \| Date of review \| \| \| \| \| \| 2. \| Height \| \| \| \| \| \| 3. \| Weight \| \| \| \| \| \| 4. \| Nutritious diet given \| \| \| \| \| \| 5. \| Stress disease \| \| \| \| \| \| 6. \| Dental \| \| \| \| \| \| 7. \| ENT-Tonsils \| \| \| \| \| \| 8. \| External eye problem vision \| \| \| \| \| \| 9. \| Left \| \| \| \| \| \| 10. \| Right \| \| \| \| \| ### 41. Height and Weight Chart: \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Date, Month and Year \| Height \| Admissible weight \| Actual weight \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| H. Social History ### 42. Majority of the friends are : I. Educated II. Hi Iterate III. The same age group IV. Older in age V. Younger in age VI. Same sex VII. Opposite sex VIII. Association with gangs ### 43. The reaction of the society when the child first came out of the family: I. Supportive II. Rejection III. Abuse IV. Ill-treatment V. Exploitation ### 44. The reaction of the police towards children : I. Passionate II. Cruel III. Abuse IV. Exploitation V. Ill-treatment ### 45. The response of the general public towards the child : History of The Child (Gist) i. Education ii. Health iii. Vocational training iv. Extra curricular activities v. Others Suggestion of Child Welfare Officer/Probation Officer after orientation to juvenile/child and the response towards orientation. Follow up by Child Welfare Officer/Probation Officer/Case Worker/ Social Worker Quarterly Review of Case History by Management Committee Office Incharge/Welfare Officer/Probation Officer. Form XVIII [See rule 85 (1) (a)] Social Investigation Report SI. No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ submitted to the juvenile justice Board \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(address) . Probation Department/Concerned Government Authority/Voluntary Organisation \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Signature and Stamp). Profile No. Under section : Title of Profile: Police Station: Nature of offence charge : Name Religion Father's Name/Caste Permanent Address/Year of birth Last address before apprehension Age\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Sex \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Previous institutional/case history and individual care plan, if any. Family: \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Relation \| Name \| Age \| Health \| Education \| Occupation \| Monthly earning \| Disabilities \| Any other e.g. social habits \| \| Father \| \| \| \| \| \| \| \| \| \| Step-father \| \| \| \| \| \| \| \| \| \| Mother \| \| \| \| \| \| \| \| \| \| Step-Mother \| \| \| \| \| \| \| \| \| \| Siblings \| \| \| \| \| \| \| \| \| \| Any other legal guardian/ relative \| \| \| \| \| \| \| \| \| If married, relevant particulars : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Other near relatives or agencies Interested \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Attitude towards religion normal and ethical code of the home etc. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Social and economic status\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Delinquency record of members of family\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Present living conditions\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Relationship between parents/Parents and children especially with the juvenile under investigation\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Other factors of importance if any. Juveniles History Mental condition(Present and past)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Physical condition (Present and past)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Habits, interests (moral, recreational etc. )\_\_\_\_\_\_\_\_\_\_\_Outstanding characteristics end personality traits\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Companions and their influence\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Truancy from heme, if any\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ School (attitude towards school, teachers, class mates and vice-versa)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Work record (jobs held, reasons for leaving, vocational interests, attitude towards job or employers)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Neighbourhood and neighbours report\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Parent's attitude towards discipline in the home and child's reaction\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Any other remarks Result of Inquiry Emotional factors Physical condition Intelligence Social and economic factors Religious factors Suggested causes of the problems Analysis of the case including reasons for delinquency Opinion of experts consulted Recommendation regarding treatment and its Plan by Probation Officer Signature of the Probation Officer/Case Worker. Form XIX [See rule 85 (I) (a)] Format For Inquiry Report SI. No\_\_\_\_\_\_\_\_\_\_Produced before the Child Welfare Committee\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(address) . Case No. Concerned Government Department/Voluntary Organisation Category of child in need of care and protection : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Name Religion Father's Name/Caste Permanent Address /Year of birth Address of last residence Age \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Sex\_\_\_\_\_\_\_\_\_\_\_\_\_ Previous institutional/case history and individual care plan, if any. Family \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Members of family \| Name \| Age \| Health \| Education \| Occupation \| Monthly earnings \| Disabilities \| Any other e.g. social habits \| \| Father \| \| \| \| \| \| \| \| \| \| Step-father \| \| \| \| \| \| \| \| \| \| Mother \| \| \| \| \| \| \| \| \| \| Step-mother \| \| \| \| \| \| \| \| \| \| Siblings \| \| \| \| \| \| \| \| \| \| Any other legal guardian/ relative \| \| \| \| \| \| \| \| \| If married, relevant particulars\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Other near relatives or agencies interested\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Attitude towards religion, normal and ethical code of the home etc.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Social and economic status\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Delinquency record of members of family\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Present living conditions Relationship between parent/parents and children especially with the said child\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Other factors of importance, if any \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Child's History Mental condition (Present and past)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Physical condition (Present and past)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Habits, interests (moral, recreational etc.) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Outstanding characteristics and personality traits\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Companions and their influence \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Truancy from home, if any\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ School (attitude towards school, teachers, class mates and vice-versa) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Work record jobs held, reasons for leaving vocational interests, attitude towards job or employers)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_or Neighbourhood and neighbours report\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Parent's attitude towards discipline in the home and child's reaction\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Any other remarks Result of Inquiry Emotional factors Physical condition Intelligence Social and economic factors Religious factors Reasons for child's need for care and protection Opinion of experts consulted Recommendation of Child Welfare Officer/Case Worker/Social Worker regarding psychological support, rehabilitation and reintegration of the child and suggested plan Signature of the Child Welfare Officer/Case Worker/Social Worker.
65b90e67ab84c7eca86e83d8	acts	State of Telangana - Act -------------------------- Telangana Prohibition Act, 1995 --------------------------------- TELENGANA India Telangana Prohibition Act, 1995 ================================= Act 17 of 1995 ---------------- * Published on 17 February 1995 * Commenced on 17 February 1995 Telangana Prohibition Act, 1995 (Act No. 17 of 1995 ) Last Updated 14th January, 2020 The Andhra Pradesh Prohibition Act, 1995 received the assent of the President on the 17th February, 1995. The said Act in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Notification issued in G.O.Ms.No.6, Revenue (Excise-II) Department, dated 06.01.2016. Chapter-I Preliminary ### 1. Short title, extent and commencement. - This Act may be called the [Telangana] [Substituted by G.O.Ms.No.6, Revenue (Excise-II) Department, dated 06.01.2016.] Prohibition Act, 1995. (2) It extends to the whole of the State of [Telangana] [Substituted by G.O.Ms.No.6, Revenue (Excise-II) Department, dated 06.01.2016.] . (3) It shall come into force on such date as the Government may, by notification, appoint. ### 2. Definitions. - In this Act, unless the context otherwise requires,- (1) [ 'arrack' means country liquor including arrack brewed, coloured, flavoured or spiced;] [Inserted by Act No.5 of 1997.] (1A) [] [Renumbered as (1A) by Act No.5 of 1997.] 'buy' or 'buying' includes any receipts including gift; (2) 'Collector' means the Collector of a district and includes the joint Collector or any person appointed by the Government to exercise the powers and perform the functions of a Collector under this Act; (3) 'Commissioner' means the Commissioner of Prohibition and Excise appointed under section 3 of the [Telangana] [Adapted in G.O.Ms.No.162, Revenue (Excise-II) Department, dated 10.09.2015.] Excise Act, 1968(Act 17 of 1968); (4) 'foreign liquor' includes every liquor imported into India, other than [Indian Made Foreign Liquor] [Throughout the Act for the words 'Indian Liquor' the words 'Indian Made Foreign Liquor' substituted by Act No.17 of 2006.] ; (5) 'Government' means the State Government; (6) ['Indian made Foreign Liquor'] [Throughout the Act for the words 'Indian Liquor' the words 'Indian Made Foreign Liquor' substituted by Act No.17 of 2006.] means liquor produced, manufactured or compounded in India after the manner of gin, brandy, whisky or rum imported from foreign countries and includes 'milk punch' and other liquors consisting of or containing any such spirits, but does not include foreign liquor; (7) [ 'liquor' includes,- [Substituted by Act No.5 of 1997.] (a) spirits of wine, denatured spirits, methylated spirits, rectified spirits, wine, beer, toddy and every liquid consisting of or containing alcohol; and (b) any other intoxicating substance which the Government may, by notification, declare to be liquor for the purposes of this Act;] (8) 'local body' means any Municipal Corporation Municipality, Notified Area, Gram Panchayat, Mandal Praja Parishad, Zilla Praja Parishad, Township or a Cantonment constituted under the relevant law for the time being in force; (9) 'notification' means a notification published in the [Telangana] [Substituted by G.O.Ms.No.6, Revenue (Excise-II) Department, dated 06.01.2016.] Gazette and the term 'notified' shall be construed accordingly; (10) 'place' includes an open place, a house, club, shed, enclosure, building, shop, tent, vessel, raft and vehicle; (11) 'police station' includes any place which the Government may, by notification, declare to be a police station for the purpose of this Act; (12) 'prescribed' means prescribed by rules made under this Act; (13) 'Prohibition Officer' means the Commissioner, a Collector or any Officer or other person to whom the Commissioner or the Collector delegates his powers or functions under section 6; (14) 'sale' or 'selling' includes any transfer including gift; (15) [ [XXX] [Omitted by Act No.35 of 1995.] (16) words and expressions used in this Act but not defined shall have the meanings assigned to them in the [Telangana] [Adapted in G.O.Ms.No.162, Revenue (Excise-II) Department, dated 10.09.2015.] Excise Act, 1968 (Act 17 of 1968). Chapter-II Establishment and Control ### 3. Appointment of Commissioner. - The Commissioner of Prohibition and Excise for the State appointed under section 3 of the [Telangana] [Adapted in G.O.Ms.No.162, Revenue (Excise-II) Department, dated 10.09.2015.] Excise Act, 1968 (Act 17 of 1968) shall, subject to the general or special orders of the Government in this behalf, be, the Chief controlling authority in all matters connected with the administration of this Act. ### 4. General control of Commissioner over Collectors. - The Collector shall exercise the powers and perform the functions assigned by or under this Act subject to the general control of the Commissioner. ### 5. Officers and staff. - The officers and staff referred to in section 5 of the [Telangana] [Adapted in G.O.Ms.No.162, Revenue (Excise-II) Department, dated 10.09.2015.] Excise Act, 1968 (Act 17 of 1968) shall be deemed to be officers and staff appointed also for the purposes of giving effect to this Act and for this purpose it shall be competent for the Government to give such directions and to make such rules as they may deem fit with regard to their powers and functions. ### 6. Delegation. - For purposes of giving effect to this Act, the Commissioner, [the Collector, the Assistant Commissioner of Prohibition and Excise] [Substituted by Act No.35 of 1995.] or the Prohibition and Excise Superintendent may, by order, delegate to any officer subordinate to him any of the powers conferred on or functions entrusted to the Commissioner, [the Collector, the Assistant Commissioner of Prohibition and Excise] [Substituted by Act No.35 of 1995.] or the Prohibition and Excise Superintendent by or under this Act, subject to such restrictions and control as may be prescribed, and subject all of such limitations and conditions, if any, as may be specified in the order of delegation. Chapter-III Prohibition and Penalties ### 7. Prohibition of selling, buying and consumption of liquor. - The selling, buying being in possession and consumption of liquor, otherwise than in accordance with the provisions of this Act, or as the case may be, the [Telangana] [Adapted in G.O.Ms.No.162, Revenue (Excise-II) Department, dated 10.09.2015.] Excise Act, 1968 (Act 17 of 1968) is hereby prohibited. ### 7A. [ Prohibition of production etc., of arrack. [Substituted with marginal heading by Act No.5 of 1997.] - The production, manufacture, storage, possession, collection, purchase, sale and transport of arrack is hereby prohibited.] ### 8. Punishment for buying, selling, consumption of liquors. - Whoever,- (a) [xxx] [Omitted (buys) by Act No.35 of 1995.] consumes any liquor except 15[in accordance with the provisions of this Act or the [Telangana] [Adapted in G.O.Ms.No.162, Revenue (Excise-II) Department, dated 10.09.2015.] Excise Act, 1968] or the terms of any rule, notification, order, licence or permit issued thereunder shall be punished with imprisonment for a term which may extend upto six months or with fine which may extend upto one thousand rupees or with both; (b) [possesses, collects, buys,] [Substituted by Act No.35 of 1995.] [sells, transports, produces or manufactures any liquor other than arrack except in accordance with the provisions of the [Telangana] [Substituted by Act No.5 of 1997.] Excise Act, 1968 or the terms of any rule, notification, order, licence or permit issued thereunder] shall be punished,- (i) where the liquor involved in the offence is less than such quantity as may be notified in this behalf with imprisonment for a term which shall not be less than six months but which may extend upto [three years or] [For 'three years and with fine' substituted 'three years or with fine' by Act No.17 of 2000.] [with fine which shall not be less than rupees ten thousand or shall not be less than thrice the value of the liquor involved in the offence whichever is higher but which may extend upto six times the value of such liquor, such value being arrived at in the manner prescribed] [Substituted by Act No.10 of 1996.] , [or with both;] [Substituted by Act No.17 of 2000.] (ii) where the liquor involved in the offence is not less than the quantity notified as aforesaid with imprisonment for a term which shall not be less than one year but which may extend upto five years and [with fine which shall not be less than rupees twenty thousand or shall not be less than thrice the value of the liquor involved in the offence whichever is higher but which may extend upto six times the value of such liquor, such value being arrived at in the manner prescribed;] [Substituted by Act No.10 of 1996.] [XXX] [Proviso added by Act No.10 of 1996 is omitted by Act No.17 of 2000.] (iii) [ where the commission of any offence either under sub-clause (i) or sub-clause (ii) is abetted, the abettor shall be liable for punishment [with imprisonment of either description and with fine as provided therein.] [Sub-clause (iii) inserted by Act No.35 of 1995.] ] (c) having obtained a licence or permit granted under the [Telangana] [Adapted in G.O.Ms.No.162, Revenue (Excise-II) Department, dated 10.09.2015.] Excise Act, 1968, (Act 17 of 1968) [sells any liquor other than arrack] [Substituted by Act No.5 of 1997.] otherwise than in accordance with the provisions of this Act or terms or any rule, notification, order, licence or permit issued thereunder shall be punished with imprisonment for a term which may extend upto six months or with fine which may extend upto rupees one thousand or with both; (d) allows consumption of [arrack] [Substituted by Act No.5 of 1997.] upon premises in his immediate possession shall be punished with imprisonment for a term which may extend upto [three years or with fine which may extend upto ten thousand rupees] [Substituted by Act No.35 of 1995.] or with both. (e) [ contravenes the provisions of section 7A shall on conviction be punished with imprisonment for a term which shall not be less than one year but which may extend upto five years and with fine which shall not be less than rupees ten thousand but which may extend upto rupees one lakh.] [Clause (e) added by Act No.35 of 1995.] ### 9. Punishment for being found in a state of intoxication. - Whoever is found in a state of intoxication in and public place [otherwise than as permitted under any law] [Substituted by Act No.5 of 1997.] shall be [punishable with imprisonment which shall not be less than two months but which may extend upto [one year or with fine] [Substituted by Act No.35 of 1995.] which may extend upto two thousand rupees] or with both. [Explanation [Added by Act No.35 of 1995.] - For the purposes of this section "intoxication" means a state of mind and behaviour in which a person is incapable of knowing the nature of his actions or incapable of judging the consequences thereof by reason of intoxication.] ### 10. Punishment for abetment of escape of persons arrested, etc. - Any officer or person exercising powers under this Act, who,- (a) unlawfully releases or abets the escape of any person arrested under this Act, or [XXX] [Omitted by Act No.35 of 1995.] (b) acts in any manner inconsistent with his duty for the purpose of enabling any person to do anything where by any of the provisions of this Act may be evaded or broken [XXX] [Omitted by Act No.35 of 1995.] shall be punished with imprisonment which may extend upto six months or with fine which may extend up to five hundred rupees or with both. ### 11. Punishments for offences not otherwise provided for. - Whoever is guilty of any wilful act or intentional omission in contravention of any of the provisions of this Act or of any rule, notification or order made thereunder and not otherwise provided for in this Act, shall be punishable with fine which may extend upto five hundred rupees. ### 11A. [ Grant of bail. [Section 11-A inserted with marginal heading by Act No.35 of 1995.] - Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act II of 1974) no Court shall grant any bail to any person accused of an offence under sub-clause (i) or sub-clause (ii) or sub-clause (iii) of clause (b) or under clause (e) of section 8 unless the prosecuting officer is given an opportunity to oppose the application and the Court shall record reasons while granting the bail.] ### 11B. [ Compounding of Offences. [Inserted with marginal heading by Act No.17 of 2000.] (1) The Collector or any Prohibition and Excise Officer specially empowered in that behalf may accept from any person who is reasonably suspected of having committed an offence falling under clause (a) or sub-clause (i) of clause (b) or the proviso to sub-clause (ii) of clause (b) as it was in force, of section 8 or section 9, a sum of money as may be prescribed but not exceeding the maximum fine which can be imposed for the offence under the provisions of the Act, by way of compensation for the offence which may have been committed and in all cases in which any property has been seized as liable for confiscation under this Act, may release the same on payment of the value thereof as estimated by such officer: Provided that where the property so seized is a liquor produced or manufactured in contravention of this Act, such liquor shall not be released but shall be disposed of in such manner as may be prescribed: Provided further that such sum of money shall not be accepted from any person who is reasonably suspected of having committed an offence under sub-clause (i) of clause (b) of section 8 without the prior approval of the Commissioner of Prohibition and Excise. (2) On the payment by the person the sum of money or the value or both, as the case may be, such person, if in custody shall be set at liberty, and all the property seized may be released and no proceedings shall be instituted or continued against such person in any Criminal Court. The acceptance of compensation shall be deemed to amount to an acquittal and in no case any further proceedings be taken against such person or property with reference to the same act.] ### 12. Things liable to confiscation. - Without prejudice to the powers of the Excise Officers under section 46 of the [Telangana] [Adapted in G.O.Ms.No.162, Revenue (Excise-II) Department, dated 10.09.2015.] Excise Act, 1968 (Act 17 of 1968) in case in which an offence has been committed against this Act, liquor by means of which the offence has been committed shall be liable to confiscation along with the receptacles, package, coverings, animals, vessels, carts or other vehicles used to hold or carry the same. ### 13. [ Confiscation of things by Prohibition and Excise Officers in certain cases. [Section 13 substituted with sections 13 to 13F along with marginal headings by Act No.35 of 1995.] (1) Notwithstanding anything contained in this Act or in any other law for the time being in force where, anything liable for confiscation under section 12 is seized and detained under the provisions of this Act, the officer seizing and detaining such property shall without any unreasonable delay, produce the said seized property before the Deputy Commissioner of Prohibition and Excise who has jurisdiction over the area. (2) On production of the said seized property under sub-section (1), the Deputy Commissioner of Prohibition and Excise if satisfied that an offence under this Act has been committed may whether or not a prosecution is instituted for the commission of such an offence, order confiscation of such property: [Provided that the Deputy Commissioner of Prohibition and Excise specially empowered in that behalf may accept such sum of money as may be prescribed in lieu of confiscation and release the animals or vessels or carts or other vehicles reasonably suspected of involvement in any offence falling under sub-clause (i) of clause (b) of section 8 of this Act.] (3) while making an order of confiscation under sub-section (2), the Deputy Commissioner of Prohibition and Excise may also order that such of the properties to which the order of confiscation relates which in his opinion need not be preserved; or are not fit for human consumption be destroyed. (4) Where the Deputy Commissioner of Prohibition and Excise after passing an order of confiscation under sub-section (2) is of the opinion that it is expedient in public interest so to do, he may order the confiscated property or any part thereof to be sold by public auction or dispose of departmentally. (5) The Deputy Commissioner of Prohibition and Excise shall submit a full report of all particulars of confiscation to the Commissioner of Prohibition and Excise within twenty four hours of such confiscation. (6) The Deputy Commissioner of Prohibition and Excise shall, for purposes of this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) when making enquiries under this section in respect of the following matters, namely:- (a) receiving evidence on affidavits; (b) summoning and enforcing the attendance of any person and examining him on oath; and (c) compelling the production of documents. ### 13A. Issue of show cause notice. - No order of confiscation of any property shall be made under section 13 unless the person from whom the said property is seized, - (a) is given a notice in writing informing him of the grounds on which it is proposed to confiscate such property; and (b) is given an opportunity of making a representation in writing within such reasonable time as may be specified in the notice. ### 13B. Order of confiscation in the absence of offender. - When an offence under this Act has been committed but the offender is not known or cannot be found, or when anything liable to confiscation under this Act, and not in the possession of any person cannot be satisfactorily accounted for, the Assistant Commissioner of Prohibition and Excise or the Prohibition and Excise Superintendent may by order confiscate such property: Provided that no such order shall be made until the expiration of one month, from the date of seizing the goods intented to be confiscated. ### 13C. Appeal. - Any person aggrieved by an order passed by the Deputy Commissioner of Prohibition and Excise under section 13 may, within sixty days from the date of passing such order, appeal to the Commissioner of Prohibition and Excise, who may after giving reasonable opportunity to the appellant pass such orders as he deems fit. ### 13D. Order of confiscation not to interfere with other punishments. - The order of confiscation under sub-section (2) of section 13 or section 13B shall not prevent from initiation of criminal proceedings against the accused under this Act. The result of criminal proceedings either acquittal or conviction or otherwise under the provisions of this Act, will have no bearing on the order of confiscation passed under this Act. ### 13E. Bar of jurisdiction. - Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act II of 1974) when the Deputy Commissioner of Prohibition and Excise or the appellate authority is seized with the matter under this Act, no Court shall entertain any application in respect of liquor, any receptacle, package, covering, any animal, cart, vehicle or other conveyance used in carrying such liquor as far as its release, or confiscation is concerned and the jurisdiction of the Deputy Commissioner of Prohibition and Excise or the appellate authority with regard to the disposal of the same shall be exclusive. ### 13F. Property confiscated when to vest in Government. - When an order for confiscation of any property has been passed under section 13 or section 13B and such order has become final in respect of the whole or any portion of such property, such property or portion thereof, as the case may be, shall vest in Government free from all encumbrances.] ### 14. [ Police to take charge of article seized. [Substituted with marginal heading by Act No.35 of 1995.] - All officers in charge of police stations shall take charge of and keep in safe custody under seal all articles seized under this Act along with samples which shall also be sealed with the seal of the officer in charge of the police station. The seized property including vehicles involved shall be produced before the Deputy Commissioner of Prohibition and Excise having jurisdiction, to take action in accordance with the procedure specified in section 13.] [Chapter-IV [Chapter IV consisting of sections 15 and 16 substituted by Act No. 5 of 1997, consisting of section 15.] Regulation of Manufacture, Trade etc. of Liquor ### 15. Regulation of liquor other than arrack. - The production, manufacture, storage, possession, collection, purchase, sale and transport of liquor other than arrack and all other matters connected therewith shall be regulated in accordance with the provisions of the [Telangana] [Adapted in G.O.Ms.No.162, Revenue (Excise-II) Department, dated 10.09.2015.] Excise Act, 1968 (Act 17 of 1968) or the [Telangana] [Adapted in G.O.Ms.No.7, Revenue (Excise-II) Department, dated 06.01.2016.] (Regulation of Trade in Indian Made Foreign Liquor, Foreign Liquor) Act, 1993, (Act 15 of 1993 ) as the case may be and the rules and notifications and orders issued thereunder.] ### 16. Regulation of liquor other than arrack. - The production, manufacture, storage, possession, collection, purchase, sale and transport of liquor other than arrack and all other matters connected therewith shall be regulated in accordance with the provisions of the [Telangana] [Adapted in G.O.Ms.No.162, Revenue (Excise-II) Department, dated 10.09.2015.] Excise Act, 1968 (Act 17 of 1968) or the [Telangana] [Adapted in G.O.Ms.No.7, Revenue (Excise-II) Department, dated 06.01.2016.] (Regulation of Trade in Indian Made Foreign Liquor, Foreign Liquor) Act, 1993, (Act 15 of 1993 ) as the case may be and the rules and notifications and orders issued thereunder.] Chapter-V Detection, Investigation and Trial of Offences ### 17. [ Issue of Search Warrants. [Section 17 substituted with marginal heading by Act No.35 of 1995.] (1) If any Collector, Prohibition Officer or Magistrate upon information obtained after such inquiry as he thinks necessary, has reason to believe that an offence under section 7, section 7A or section 8 has been committed, he may issue a warrant for a search for any liquor, materials, still, utensil, implement or apparatus in respect of which the alleged offence has been committed. Any person who has been entrusted with the execution of such a warrant may detain and search, and if he thinks proper, arrest any person found in the place searched, if he has reason to believe such person to be guilty of any offence under this Act and also seize and detain any excisable or other articles which he has reason to believe to be liable to confiscation under this Act.] ### 18. Powers of entry without search warrant. - Whenever, a Collector, any Prohibition Officer or any Police Officer, [not below the rank of a Sub-Inspector] [Substituted by Act No.35 of 1995.] , any officer in charge of a Police Station, has reason to believe that an offence under [section 7, section 7A or section 8] [Substituted by Act No.35 of 1995.] has been committed and that the delay occasioned by obtaining search warrant under section 17 will prevent the execution there of, he may, after recording the reasons and the grounds of his belief, at any time by day or night enter and search any place and may seize anything found therein which he has reason to believe to be liable to confiscation under this Act; and may detain and search and, if he thinks proper, arrest any person found in such place whom he has reason to believe to be guilty of any offence under this Act and also seize and detain any excisable or other article which he has reason to believe to be liable to confiscation under this Act. [XXX] [Proviso omitted by Act No.35 of 1995.] ### 19. Power of entry and inspection. - The Collector, any Prohibition Officer or any Police Officer, [not below the rank of a Sub-Inspector] [Substituted by Act No.35 of 1995.] may enter and inspect at any time by day or by night, any place in which it is reasonably suspected,- (a) that any liquor is kept for sale or stored [otherwise than in accordance with the provisions of the [Telangana] [Added by Act No.5 of 1997.] Excise Act, 1968, (Act 17 of 1968) and the rules made thereunder]; or (b) that an offence under [section 7, section 7A or section 8] [Substituted by Act No.35 of 1995.] is being committed; and may examine, test, measure or weigh any material, still, utensil, implement, apparatus or liquor found in such place. ### 20. Power to use force in case of resistance to entry. - If any officer empowered to make an entry under sections 17, 18 and 19 cannot otherwise make such entry, it shall be lawful for him to break open any outer or inner door or window and to remove any other obstacles to his entry into any such place. ### 21. Arrest of offenders and seizure of contraband liquor and articles without warrant. - Any Prohibition Officer or any Police Officer, [not below the rank of a Sub-Inspector] [Substituted by Act No.35 of 1995.] ,- (a) may arrest without warrant any person found committing an offence punishable under [section 7, section 7A, section 8 or section 9] [Substituted by Act No.35 of 1995.] ; (b) may seize and detain any liquor or other article which he has reason to believe to be liable to confiscation under this Act; and (c) may search any person, vessel, vehicle, animal, package, receptacle or covering, upon whom or in which, he may have reasonable cause to suspect any such liquor or other article or to be concealed. ### 22. Arrest of persons refusing to give name or giving false name. - Any person, who may be accused or reasonably suspected of committing an offence under this Act, and who on demand made by any Prohibition Officer or any Police Officer [not below the rank of a Sub-Inspector] [Substituted by Act No.35 of 1995.] refuses to give his name and residence or who gives a name or residence which such officer has reason to believe to be false, may be arrested by such Officer in order that his name and residence may be ascertained. ### 23. Arrest, search etc., how to be made. - Any person arrested under this Act, shall be informed, as soon as may be of the grounds for such arrest and save as otherwise expressly provided in this Act, the provisions of the Code of Criminal Procedure, 1973, (Central Act II of 1974) relating to arrests, detention in custody, searches, summons, warrants of arrests, search warrants, the production of persons arrested and the disposal of things, seized shall apply, as far as may be, to all actions taken in these respects under this Act. ### 24. Power to Prohibition and Excise Officer in matters of investigation. (1) Any Prohibition and Excise Officer [not below the rank of a Sub-Inspector] [Substituted by Act No.35 of 1995.] may, as regards offences under this Act, exercise within such area as may be notified in this behalf, powers conferred on an Officer incharge of a police station by the provision of Code of Criminal Procedure, 1973 (Central Act II of 1974): Provided that any such power shall be subject to such restrictions and modifications, as may be prescribed. (2) For the purposes of section 156 of the said Code the area in regard to which a Prohibition and Excise Officer is empowered under sub section (1) shall be deemed to be a police station and such officer shall be deemed to be the officer-in-charge of such station. ### 25. [Cognizance and trial of offences.] [Marginal heading substituted and proviso added to section 25 by Act No.10 of 1996. The said proviso is substituted by Act No.5 of 1997.] . - Notwithstanding anything contained in the code of Criminal Procedure 1973, (Central Act II of 1974) all offences under this Act, shall be cognizable and provisions of the said code with respect to cognizable offences shall apply to them: [Provided that the offences punishable with imprisonment for a term not exceeding two years under this Act shall be tried in accordance with the procedure prescribed in Chapter XXI of the Code of Criminal Procedure, 1973 (Central Act II of 1974).] [Marginal heading substituted and proviso added to section 25 by Act No.10 of 1996. The said proviso is substituted by Act No.5 of 1997.] ### 25A. [ Enhanced punishment after previous conviction. [Section 25A inserted with marginal heading by Act No.10 of 1996.] - If any person after having been previously convicted of an offence punishable under this Act, subsequently commits and is convicted of an offence punishable under this Act, he shall be liable upto twice the punishment which might be imposed on the first conviction under this Act.] ### 26. Punishment for vexatious search of arrest. - Any officer or person exercising powers under this Act who,- (a) without reasonable ground of suspicion enters or searches or causes to be searched any closed place; or (b) vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for anything liable to confiscation under this Act; or (c) vexatiously and unnecessarily detains, searches or arrests any person; or (d) maliciously and falsely lays information leading to a search, seizure, detention or arrest; or (e) in any other way maliciously exceeds his lawful powers, shall be punished with imprisonment which may extend upto six months, or with fine which may extend upto five hundred rupees or with both. Chapter-VI Miscellaneous ### 27. [ [Omitted by Act No.5 of 1997.] [XXX] ### 28. Duty of officials of all Departments and local bodies to assist. - Officials of all departments of the Government and of all local bodies shall be legally bound to assist any Prohibition or Police Officer in carrying out the provisions of this Act. ### 29. Offences to be reported, etc. - Every Official employed by the Government or by any local body other than a Police or, any Prohibition and Excise Officer shall be bound to give immediate information at the nearest police station or to a Prohibition and Excise Officer of all breaches of any of the provisions of this Act which may come to his knowledge and all such officials shall be bound to take all reasonable measures in their power to prevent the commission of any such breaches which they may know or have reason to believe are about or likely to be committed. ### 30. Protection of action taken under this Act. - No suit or other legal proceedings shall lie against the Government or any officer or any other person empowered to exercise powers or to perform the functions under this Act for anything in good faith done or intended to be done under this Act. ### 31. Overriding effect. - Save as otherwise provided, the provisions of this Act shall have effect, notwithstanding anything in consistent therewith contained in the provisions of the [Telangana] [Adapted in G.O.Ms.No.162, Revenue (Excise-II) Department, dated 10.09.2015.] Excise Act, 1968 (Act 17 of 1968) and the rules made thereunder for the time being in force. ### 31A. [ Power to remove difficulties. [Inserted with marginal heading by Act No.35 of 1995.] (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may make such orders not inconsistent with the provisions of this Act, as appear to them to be necessary or expedient for the purpose of removing the difficulty: Provided that no such order shall be made after the expiration of two years from the commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid down before the Legislature of the State.] ### 32. Savings. - Nothing in this Act shall be deemed to preclude,- (a) the [Telangana State Beverages Corporation Limited / Agency] [Substituted by G.O.Ms.No.6, Revenue (Excise.II) Department, dated 06.01.2016.] to carry on trade in liquor in accordance with rules made in this behalf; (b) the buying and selling of liquor carried on by the military canteens in the State under any licence granted in accordance with the provisions of the [Telangana] [Adapted in G.O.Ms.No.162, Revenue (Excise-II) Department, dated 10.09.2015.] Excise Act, 1968 (Act 17 of 1968) and the rule made thereunder; and (c) [ the consumption and utilization of medicines, toilet preparations and other food material containing alcohol.] [Substituted by Act No.35 of 1995.] [Explanation [Added by Act No.5 of 1997.] - Liquor for the purposes of this section does not include arrack.] ### 32A. [ Transitional provision. [Section 32A added with marginal heading by Act No.35 of 1995.] (1) Notwithstanding anything contained in the [Telangana] Prohibition Act, 1995, the Telangana Liquor (Issue of Permit and Licence) Rules, 1995, the Indian Contract Act, 1872 (Central Act IX of 1872) or the terms and conditions of any agreement entered into with the licensing authority under this Act or under the said rules, for the grant of all such permits and licences on health grounds on the recommendation of the notified medical authorities specified under the said rules shall stand cancelled in public interest; and accordingly no suit or other proceeding shall be entertained or continued in any court against such permitting or licensing authority or any person or authority what so ever for the enforcement of any terms and conditions of such permit or licence so terminated or for any damages or compensation on the ground that any loss is sustained by the termination thereof before its expiry. (2) within a period of seven days from the date of commencement of this Act, every licencee shall surrender to the permitting or licensing authority, the entire stock of liquor on the date of such commencement, is in the possession of any holder of any permit or licence which stood terminated under sub-section (1) on such terms and conditions, as may be prescribed. (3) All applications made for grant of permit or licence pending before the permitting or licensing authority on the appointed date and every action taken, or enquiry made in respect of such application, shall abate and all fees paid in connection therewith (including the application fee and licence fee, if any) already paid shall be refunded.] ### 33. Power to make Rules. (1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act. (2) Every rule made under this Act shall, immediately after it is made, be laid before the Legislature of the State, if it is in session and if it is not in session, in the session, immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions and if, before the expiration of the session in which it is so laid or the session immediately following, the Legislature agree in making any modification in the rule or in the annulment of the rule, the rule shall from the date on which the modification or annulment is notified have effect only in such modified form or shall stand annulled 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. ### 34. Amendment of Act 17 of 1968. - In the [Telangana] [Adapted in G.O.Ms.No.162, Revenue (Excise-II) Department, dated 10.09.2015.] Excise Act, 1968, (1) In section 1, for sub-section (2), the following shall be substituted, namely; "(2) It extends to the whole of the State of Telangana: Provided that on and from the date of commencement of the Telangana Prohibition Act, 1995 the provisions of this Act shall, in so far as they are inconsistent with the provisions of the said Act cease to operate."; (2) In section 5, for sub-section (1) the following shall be substituted, namely:- "(1) The Government may appoint such number of Additional Commissioners, Joint Commissioners, Deputy. Commissioners and Assistant Commissioners of Prohibition and Excise and District Prohibition and Excise Officers and such other officers as they think fit for the purpose of performing the functions respectively conferred on them by or under this Act"; (3) Throughout the Act for the words "Excise Officer" "Commissioner of Excise", "Additional Commissioners of Excise", "Deputy Commissioner of Excise", "Assistant Commissioner of Excise", "Excise Superintendent", "Assistant Excise Superintendent" and "Excise Department", the words, "Prohibition and Excise Officers", "Commissioner of Prohibition and Excise", "Additional Commissioner of Prohibition and Excise", "Deputy Commissioner of Prohibition and Excise", "Assistant Commissioner of Prohibition and Excise", "Prohibition and Excise Superintendent" "Assistant Prohibition and Excise and Superintendent" and "Prohibition and Excise Department" shall respectively be substituted. ### 35. [ [Omitted by G.O.Ms.No.6, Revenue (Excise.II) Department, dated 06.01.2016.] [XXX]
65b96e99ab84c7eca86e9166	acts	British India - Act --------------------- The Unclaimed Deposits Act, 1870 ---------------------------------- BRITISH INDIA India The Unclaimed Deposits Act, 1870 ================================== Act 5 of 1870 --------------- * Published on 1 January 1870 * Commenced on 1 January 1870 An Act to enable the High Courts at the Presidency- towns to deal with cost of petitions for certain moneys transferred to Government. WHEREAS the High Courts of Judicature at Fort William, Madras and Bombay have no power to deal with the costs of petitions under section 4 of Act No. 25 of 1866 (to transfer to the Government of India certain securities and moneys deposited in the High Courts of Judicature at Fort William, Madras and Bombay 2) 3 for payment of certain securities, moneys or proceeds transferred to Government; AND WHEREAS it is expedient to confer such power upon the said High Courts; It is hereby enacted as follows:- ### 1. Power to direct by whom costs are to be paid.- Whenever any of the said Courts shall make an order on any such petition, the Court may direct by whom the whole or any part of the costs of each party are to be paid. ### 1. Short title given by the Indian Short Titles Act,1897 (14 of 1897 ). 2 The words" and in the Supreme Court of the Straits Settlements and the proceeds of certain estates in the charge of the Administrator General of Bengal" rep. by Act 16 of 1874. 3 The words" or under s. 60 of the Administrator General' s Act, 1867" are omitted as the Administrator General' s Act, 1867 (24 of 1867 ) and this Act so far as it relates to the Administrator General, were rep. by the Administrator General' s Act, 1874 (2 of 1874 ).
65ba26d0ab84c7eca86eab89	acts	State of Maharashtra - Act ---------------------------- Regularisation of Unauthorised Developments in the City of Ulhasnagar (Amendment) Act, 2022 --------------------------------------------------------------------------------------------- MAHARASHTRA India Regularisation of Unauthorised Developments in the City of Ulhasnagar (Amendment) Act, 2022 ============================================================================================= Act 09 of 2023 ---------------- * Published on 13 January 2023 * Not commenced (First published, after having received the assent of the Governor in the "Maharashtra Government Gazette”, on the 13th January 2023) . An Act to amend the Regularisation of Unauthorised Developments in the City of Ulhasnagar Act, 2006. WHEREAS it is expedient to amend the Regularisation of Unauthorised 2006. Developments in the City of Ulhasnagar Act, 2006 for the purposes hereinafter appearing ; it is hereby enacted in the Seventy-third Year of the Republic of India, as follows : ### 1. Short title. This Act may be called the Regularisation of Unauthorised Developments in the City of Ulhasnagar (Amendment) Act, 2022. ### 2. Amendment of section 3 of Mah. IX of 2006. In section 3 of the Regularisation of Unauthorised Developments in the City of Ulhasnagar Act, 2006 (hereinafter referred to as "the principal 2006 Act "), in sub-section (3) , in clause (a), (1) for the words " determined in accordance with the Table below " , the words " as may be prescribed " shall be substituted ; (2) TABLE OF FEES shall be deleted. ### 3. Amendment of section 4 of Mah. IX of 2006. In section 4 of the principal Act, in sub-section (3) , in clause (a), in the proviso, for the words, letters, brackets and figures " Floor Space Index (F. S. I.) more than 4.00 ", the words , brackets and letters " Floor Space Index (F. S. I.) more than the Floor Space Index (F. S. I.) as specified in the Unified Development Control and Promotion Regulations for Maharashtra as applicable to the Municipal Corporation of City of Ulhasnagar" shall be substituted.
65b97f42ab84c7eca86e9393	acts	State of Punjab - Act ----------------------- The Punjab Bhudan Yagna Regulations, 1961 ------------------------------------------- PUNJAB India The Punjab Bhudan Yagna Regulations, 1961 =========================================== Rule THE-PUNJAB-BHUDAN-YAGNA-REGULATIONS-1961 of 1961 ------------------------------------------------------- * Published on 3 May 1961 * Commenced on 3 May 1961 The Punjab Bhudan Yagna Regulations, 1961 Published vide Punjab Government Revenue Department Notification No. 2550-ARI/61/1801, dated the 3rd May, 1961. ### 1. Short title. - These regulations may be called the Punjab Bhudan Yagna Board Regulations, 1961. ### 2. Definitions. - [Section 35] - In these regulations, unless the context otherwise requires,- (a) "Act" means the Punjab Bhudan Yagna Act, 1955; (b) "Chairman" means the Chairman of the Board; (c) "Committee" means a Tehsil Committee constituted under section 16 of the Act; (d) "Convener" means the convener of a Tehsil Committee; (e) "Form" means a form appended to these regulations; (f) "Secretary" means the Secretary of the Board; and (g) words and expressions used but not defined in these regulations and defined in the Act and rules made thereunder, shall have the meaning assigned to them in the Act and the rules, as the case may be. ### 3. Procedure and disposal of business of Board. - [Sections 10 and 35 (a) ] - (1) (a) A meeting of the Board shall either be ordinary or special. (b) The date, time and place of the meeting of the Board shall be fixed by the Chairman, or the Secretary after consultation with the Chairman. (c) Ordinary meetings of the Board shall be convened by the Secretary. (d) Notice of the meetings of the Board giving date, time and place and accompanied by the agenda of the meeting shall be sent by post under postal certificate to all members of the Board on the members' addresses recorded in the register maintained for the purpose. (e) The Chairman may, whenever he thinks fit, call a special meeting after giving such notice as he may deem necessary. (2) No business other than that specified in the agenda shall be transacted at the Board's meeting without the permission of the Chairman. (3) The agenda of the meeting shall be taken for consideration in the order the Chairman deems fit. (4) (a) The Secretary shall record or cause to be recorded the minutes of the proceedings of the meeting in a book to be kept for the purpose. The recorded minutes shall bear the signature of the Secretary and shall be read out and got confirmed at the next meeting. After these are confirmed the Chairman shall put his signatures thereon in token of their having been so confirmed : Provided that the minutes of the last meeting shall not be submitted for confirmation at any meeting held before the expiry of a period of seven days of the meeting to which the minutes pertain. (b) Any member of the Board may raise any objection with regard to the proceedings of the last meeting before the minutes are confirmed. It shall be for the Chairman to decide the matters objected to, and if necessary he may, after taking consensus of opinion of the members of the Board, make such alterations, variations or modifications in the minutes as he may deem proper. (5) (a) If it is not possible to call the meeting of the Board, the decision may be taken by circulation. (b) Any decision taken and implemented in accordance with clause (a), shall be read out to the members in the next meeting for their information. (6) All matters concerning the work of the Board, which require instantaneous and immediate attention and action shall be dealt with either by the Chairman or by the Secretary: Provided that anything done or any action taken under this sub-regulation shall be submitted in the next meeting of the Board for approval. ### 4. Remuneration and conditions of service of employees of Board. - [Sections 8, 9 and 35 (b) ] - (1) The remuneration of the officers and servants of the Board shall be as mentioned against each :- \| \| \| \| --- \| --- \| \| (i) Joint Secretary \| fixed pay Rs. 175 per mensem. \| \| (ii) Office Assistant \| fixed pay Rs. 150 per mensem. \| \| (iii) Clerks \| fixed pay Rs. 125 per mensem each. \| \| (iv) Field Officers \| fixed pay of Rs. 125 per mensem each. \| \| (v) Sewak \| fixed pay of Rs. 75 per mensem. \| Explanation. - The remuneration mentioned above includes deadness allowance. (2) The officers and servants of the Board mentioned in sub-regulation (1) shall be entitled to rent free quarters. But in case the Board is unable to make suitable arrangement for their accommodation, the Joint Secretary, the Office Assistant and the Field Officer shall be given rent allowance of Rs. 25 per mensem and the Clerks and the Sewak not exceeding Rs. 15 per mensem, in each case. (3) In case of emergency, like sickness or accident, the Chairman of the Board may sanction special financial help to the Secretary and the staff out of the Board's funds which shall be rupees 50. (4) The services of any officer or servant employed by the Board, who fails to perform his duties efficiently, may be dispensed with by giving one month's notice. ### 5. Leave, travelling and daily allowance. - [Sections 8, 9 and 35 (b) ] - (1) The Board shall, on account of a journey undertaken on Board's business, pay to the Chairman, the members of the Board, the Conveners, the regular employees of the Board and other workers specially engaged for land distribution work, actual travelling expenses not exceeding third class railway fare or bus fare, as well as tonga, rickshaw and coolie charges incurred during the journey. They shall also be eligible to actual daily expenditure, other than travelling expenses; subject to a maximum of Rs. 2.50 P., when on tour in connection with the work of the Board. (2) If any person undertaking any journey in connection with the work of the Board finds it necessary to travel by upper class, he may, with the permission of the Chairman, be paid extra expenses incurred by him in this behalf. (3) Suitable advances may also be granted to persons undertaking journeys in connection with the work of the Board. (4) An employee of the Board shall be entitled to 15 days' casual leave in aggregate during one year. ### 6. Remuneration and duties of Secretary. - [Sections 4 (3) , 9 and 35 (b)] - (1) The Secretary shall be paid an honorarium of Rs. 200 per mensem in addition to a rent free quarter or an allowance of Rs. 30 per mensem in lieu thereof. (2) The duties of the Secretary shall be - (a) to maintain or cause to be maintained the record of minutes of the meetings of the Board; (b) to undertake all correspondence on behalf of the board; (c) to maintain or cause to be maintained an account of receipt and expenditure of the Board; (d) to prepare the annual budget of the Board for the financial year commencing from first April, not later than the thirty first day of January; (e) to implement the decisions taken by the Board; (f) to supervise and control the work of the officers and servants of the Board; and (g) to sign contracts or appear on behalf of the Board, wherever necessary. (3) (a) The Secretary may sanction contingency expenditure up to seventy- five rupees at a time. (b) The Secretary shall open an account in the name of the Board in a Scheduled Bank, which shall be operated upon by the Chairman and the Secretary jointly. ### 7. Constitution and supersession of committees, filling of vacancies and removal of members thereof. - [Sections 15 & 32 (2) (c)] - (1) The term of office of Committee shall be one year and at the expiry of this period a new Committee shall be constituted : Provided that the outgoing Committee shall continue in office till the new Committee is constituted. (2) The outgoing members of the Committee shall be eligible for renomination. (3) One of the members of the Committee shall be appointed by the Board as Convener who shall preside over its meetings. (4) The Convener or any other member of the Committee may, at any time, resign his office by submitting his resignation to the Board : Provided that no such resignation shall take effect until it is accepted. (5) The Board may, without assigning any cause, remove from office any member of the Committee who, in its opinion, has failed to perform or is unable to carry out his duties or has so abused his position as a member of the Committee as to render his continuance as such detrimental to the interest of the public or the Committee. (6) The Board may supersede any Committee if it is satisfied that the Committee has failed to discharge its duties or to perform its functions without any reasonable cause. (7) Any vacancy caused in a Committee either through death, removal or resignation or otherwise shall be filled in by the Board by nominating any other person for the remaining period for which his predecessor would have held office. ### 8. Procedure and disposal of business. - [Sections 16 and 35 (c) ] - (1) The Convener shall call a meeting of the Committee wherever he feels necessary : Provided that a period of one month shall not elapse between any two meetings. (2) The notice of a meeting of the Committee stating time, date and place accompanied by the agenda shall be sent by the Convener to every member of the Committee by post under postal certificate at least six days before the date of the meeting. (3) The quorum for the meeting shall be of three members. (4) In the absence of the Convener, the meeting of the committee shall be presided over by any member chosen by the Committee to preside for the occasion. (5) All questions at any meeting shall be decided by a majority of the members present. (6) The agenda for a meeting shall be taken up in the following order - (a) confirmation of the minutes of the last meeting, (b) consideration of the items of the agenda of the last meeting which were left out for deliberation in the next meeting, (c) the remaining items of the agenda to be disposed of in an order the Convener thinks fit. (7) The minutes of the proceedings of each meeting shall be recorded in the minute-book and shall be signed by the Convener. The minutes shall be read out and confirmed at the next meeting. If any member raises any objection in writing the Convener may, after taking the opinion of the Committee, make suitable alterations or modifications in the minutes. (8) Any thing done or any resolution passed by the Committee shall not be questioned on account of the existence of any vacancy in the Committee. (9) The Convener may dispose of any business he considers to be important and urgent without consulting the Committee : Provided that anything done or any action taken by the Convener under this sub-regulation shall be put up before the Committee in its next meeting for approval. (10) The Committee shall function strictly in accordance with the instructions of the Board. ### 9. Principles for distribution of land. - [Sections 23, 24 and 35 (d) ] - (1) The members of the Board or the Committee, as the case may be, shall visit the village in which the land to be allotted is situated and carry out the survey of that land. (2) They shall obtain full particulars of the land from the Lambardars and Patwaris and shall, for the purposes of allotment, prepare lots having approximately the same income annually. They shall also collect full particulars of the landless claimants of the land vesting in the Board. (3) Each lot shall comprise of as much land as may, from time to time, be specified by the Board or the Committee with the approval of the Board. (4) (a) Ordinarily five standard acres shall be allotted to a family : Provided that the Board may, in any suitable case, enhance this limit. (b) While making a lot of land, each lot shall be so prepared that there is least fragmentation of holding involved and the land comprised in the lot is convenient for cultivation by the allottee. (5) As far as possible one-third of the land vesting in the Board shall be distributed amongst those members of Scheduled Castes and Backward Classes who are landless. (6) The land shall be distributed as far as possible amongst the inhabitants of the village in which the land is situated and while selecting landless persons for allotment preference shall be given in the following order :- (i) persons who have bullock and ploughs but have no land to cultivate; (ii) persons who were Seeris in cultivation but are now unemployed; (iii) landless person who are tilling the land of others; (iv) persons who are acting as Seeris with others; and (v) persons who do not own any land and are desirous of cultivating land as they have no other means of livelihood. ### 10. Procedure for distribution. - [Sections 23, 24 and 35 (d) ] - (1) Selection of persons to whom land vesting in the Board is to be given and the distribution of the land amongst them shall be made after holding an open meeting for which a previous notice shall be given in the village in which the land is situated by beat of drum. All the villagers including landless persons shall be invited to attend the meeting. The Deputy Commissioner, Revenue Officer concerned and the Patwari of the village may also be requested to attend the meeting. (2) Any person desirous of being allotted land vesting in the Board may make an application in Form A. Such an application may also be made at the time the meeting referred to in sub-regulation (1) is being held. (3) Every person, to whom land vesting in the Board is allotted, shall sign a Partigya Patra in Form B against which the Board or the Committee shall issue a grant deed in Form C, a copy whereof shall be sent to the Patwari and the Tahsildar concerned for the purpose of making necessary entries in the revenue records. (4) Any person aggrieved because of the land distribution by the Committee, may, within thirty days from the date of decision of the Committee, file an appeal to the Board. (5) The decision of the Board on the appeal preferred under sub-regulation (4) and subject only to such decision, the decision of the Committee shall be final. Form A [See Regulation 10(2) ] Application for the allotment of land vesting in the Punjab Bhudan Yagna Board. To The Chairman Punjab Bhudan Yagna Board. Sir, I beg to approach you with the request to allot me \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_acres of land out of the land received in Bhudan Yagna in Village \_\_\_\_\_\_\_\_\_\_, Tehsil \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, District\_\_\_\_\_\_\_\_\_to be cultivated personally by me. My family consists of \_\_\_\_\_\_\_\_\_\_ members \_\_\_\_\_\_\_\_\_\_adults and \_\_\_\_\_\_\_ minors I am a landless tiller/possess an uneconomic holding of \_\_\_\_\_\_\_\_\_ acres \_\_\_\_\_\_\_\_ kanals. I am versed in the work of cultivation of land and shall try my best to make the land allotted to me more productive. I shall pay on due dates the land revenue of the land allotted to me. I hereby agree to accept all the terms and conditions of allotment by the Punjab Bhudan Yagna Act, 1955. Signature of Applicant. Name \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Village \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Post Office \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Tahsil \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ District \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Dated \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Form B [See regulation 10(4) ] Partigya Patra I \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of \_\_\_\_\_\_\_\_\_of Village \_\_\_\_\_\_\_\_\_\_ Tahsil \_\_\_\_\_\_\_\_\_\_\_, District \_\_\_\_\_\_\_\_\_\_\_\_ accept the allotment of \_\_\_\_\_\_\_\_\_\_acres \_\_\_\_\_\_\_\_\_\_\_kanals of Bhudan land Khasra No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Khata No. \_\_\_\_\_\_\_\_\_\_\_\_\_, situated in village from the Punjab Bhudan Yagna Board in whom the aforesaid land vests for cultivating the same personally subject to the terms and conditions mentioned in section 25 of the Punjab Bhudan Yagna Act, 1955. If there is a breach of any of the conditions mentioned in section 25 the Revenue Officer may, after such inquiry as he may deem fit, determine the right granted to me whereupon the aforesaid land shall vest in the Board without my liability to pay the arrears of land revenue recoverable from me. Signature of the Bhudan holder. Place Date Signature of the representative of the Punjab Bhudan Yagna Witnesses and their full addresses ### 1. ### 2. Form C [See Regulation 10 (4) ] Grant Deed of Bhudan Land Shri \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, caste \_\_\_\_\_\_\_\_\_\_\_\_\_hereby allotted land situated in village \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, Tahsil \_\_\_\_\_\_\_\_\_\_, District \_\_\_\_\_\_\_\_\_\_\_ of which the particulars are given below, out of the land donated for purposes of Bhudan Yagna initiated by Acharya Vinoba Bhave Village and Tahsil \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Khasra and Khata No.\_\_\_\_\_\_\_\_\_\_\_\_ Area \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Remarks Signature Place Date Chairman, Punjab Bhudan Yagna Board, Convener, Tahsil Committee District
65bac9d8ab84c7eca86ec854	acts	State of Jammu-Kashmir - Act ------------------------------ The Hoarding and Profiteering Prevention Ordinance, 2000 ---------------------------------------------------------- JAMMU & KASHMIR India The Hoarding and Profiteering Prevention Ordinance, 2000 ========================================================== Act 19 of 2000 ---------------- * Published on 1 January 2000 * Commenced on 1 January 2000 The Hoarding and Profiteering Prevention Ordinance, 2000 (Ordinance No. 19 of 2000) [Promulgated by His Highness under section 5 of the Jammu and Kashmir Constitution Act, 1996 and published in Government Gazette dated 23rd Chet, 2000 (Extraordinary) .] [In this connection please also see the Essential Commodities Act, 1955 (Central Act 10 of 1955).] An Ordinance to provide for the prevention of hoarding and profiteering. Preamble. - Whereas an emergency has arisen which makes it necessary to provide for the prevention of hoarding and profiteering; Now, therefore, under section 5 of the Jammu and Kashmir Constitution Act, 1996, We are pleased to make and promulgate the following Ordinance:- ### 1. Short title, extent and commencement. (1) This Ordinance may be called the Hoarding and Profiteering Prevention Ordinance, 2000. (2) It extends to the whole of the State. (3) It shall come into force at once. (4) It shall cease to be law from such date [the Government] [Substituted by Act X of 2010 for 'His Highness'.] may, by order, declare to be the end of the emergency which was the occasion of its promulgation. ### 2. Interpretation. - In this Ordinance, unless, there is anything repugnant in the subject or context,- (a) "article" includes any article or thing, except foodgrains, which has not, by notification in the Government Gazette, been declared by the Government to be an article or thing to which this Ordinance does not apply; (b) "dealer" means a person carrying on the business of selling any article whether wholesale or retail; (c) [ "Controller General" means the Minister for Supplies and includes any other officer authorised by the said Minister for the purposes of this Ordinance ; [Clauses (c) and (d) of section 2 substituted by Ordinance X of 2005.] (d) "Controller" means the Controllers of Supplies and District Controllers appointed for the purposes of this Ordinance by the Government;] (e) "Producer" includes a manufacturer ; (f) an article shall be deemed to be in the possession of a person- (i) when it is held on behalf of that person by another person [or when held by that person on behalf of another person] [Added by Ordinance VII of 2003.] ; (ii) notwithstanding that it is mortgaged to another person ; (g) [ the expression "offer for sale" shall be deemed to include a reference to an intimation by a person of the price proposed by him for a sale of an article, made by the publication of a price list, by exposing the article for sale in association with a mark indicating price, by the furnishing of a quotation, or otherwise, howsoever.] [Clause (g) of section 2 inserted by Ordinance VI of 2001.] ### 3. Fixing of maximum quantities which may he held or sold and maximum prices. (1) The Controller General may, by notification in the Government Gazette, fix in respect of any article- (a) the maximum quantity which may at any one time be possessed by a dealer or producer; (b) the maximum quantity which may in any one transaction be sold to any person; (c) the maximum price or rate which may be charged by dealer or producer. (2) The quantities and prices or rates fixed in respect of any article under this section may be different in different localities [or for different classes of dealers or producers.] [Added by Ordinance VI of 2001.] (3) [ Where any article is sold, offered for sale, or otherwise disposed of in contravention of sub-section (1), by a dealer or producer through any person employed by him or acting on his behalf, such person and also, unless they prove that they exercised due diligence to prevent such contravention, the dealer or producer, as the case may be, and any person having charge on behalf of the dealer or producer of the place where the contravention occurred, shall be liable to the punishment provided by sub-section (1) of section 13, whether or not they were present when the contravention occurred.] [Sub-section (3) of section 3 added by Ordinance VII of 2003.] ### 4. Restrictions on possession and sale by dealers and producers where maximum is fixed under section 3. (1) No dealer or producer shall- (a) have in his possession at any one time a quantity of any article exceeding the maximum fixed by notification under clause (a) of sub-section (1) of section 3 ; or (b) sell or offer for sale to any person in any one transaction a quantity of any article exceeding the maximum fixed by notification under clause (b) of sub-section (1) of section 3 ; or (c) sell or offer for sale [or otherwise dispose of] [Inserted by Ordinance VI of 2001.] to any person any article fora price or at a rate exceeding the maximum fixed by notification under clause (c) of sub-section (1) of section 3. (2) [ Where a dealer or producer disposes of an article by having it sold by auction on his behalf, the auctioner as well as the dealer or producer shall be liable to the punishment provided by sub-section (1) of section 13, if in any such sale there is a contravention of clause (c) of sub-section (1).] [Sub-section (2) of section 4 inserted by Ordinance VI of 2001.] ### 5. Restrictions on possession by dealers or producers where no maximum is fixed under section 3. - Where no maximum has been fixed by notification under clause (a) of sub-section (1) of section 3- (a) [ no dealer shall have in his possession at any one time a quantity of any article in which he deals exceeding- [Clauses (a) , (b) and (c) of section 5 substituted by Ordinance VII of 2003 for original clauses (a)and (b).] (i) if he was in business in the year 1939, one quarter of the total quantity of that article held by him in the course of that year, or (ii) if he was not in business in that year, the total quantity of that article sold by him in the course of any period of four consecutive months after that year, or (iii) in either case, such greater quantity as the Controller General or other officer empowered in this behalf by the Government may, by general or special order, specify ; (b) no producer shall have in his possession at any one time a quantity of any article which he produces exceeding- (i) if he was in business in at least one of the years 1940, 1941, and 1942, one quarter of his total production of that article during that one of the said three years in which his production of the article was greatest, or (ii) if he was not in business in at least one of the said three years, the total quantity of that article produced by him in the course of any period of four consecutive months after the year 1942, or (iii) in either case, such greater quantity as the Controller General or other officer empowered in this behalf by the Government may, by general or special order, specify ; (c) no producer shall have in his possession at any one time a quantity of any article used by him as raw material in his business exceeding the quantity thereof sufficient for the production of the maximum quantity which he may have in his possession under clause (b) of the article for the production of which it is required as raw material.] ### 6. Restriction on price where no maximum is fixed under section 3. (1) Where no maximum has been fixed by notification under clause (c) of sub-section (1) of section 3, no dealer or producer shall sell or offer for sale, or otherwise dispose of an article for a consideration which is unreasonable. (2) For the purposes of this section a consideration is unreasonable if, whether it is exclusively in money or not,- [(a) the purchaser is, as a condition of sale, required to purchase at the same time any other article ; (b) where the sale is by a dealer, the consideration exceeds the amount represented by the addition allowed by the normal trade practice in force on the 31st day of August, 1939, to- (i) the landed cost of the article, in the case of an article imported from outside India or, where the article is delivered to the consignee elsewhere than at a port, that cost increased by any charges incurred for freight and octroi or other duties before delivery, or (ii) the price at which producer sold the article in the case of article produced in [India excluding the Jammu and Kashmir State] increased by any charges incurred for freight, customs, octroi or other duties before delivery, or (iii) the price at which the producer sold the article, in the case of an article which is not imported; (c) where the sale is by a producer, the consideration exceeds the amount represented by the addition allowed by the normal trade practice in force on the 1st day of August, 1939, to the cost of production [of the article, such cost of production being deemed to be exclusive of the amount, if any, by which the price paid by the producer for any component part of the article exceeded- [Inserted by Ordinance VII of 2003.] (i) the maximum price fixed for the component part under section 3 and in force at the time of its purchase by the purchaser; or (ii) where no maximum price has been so fixed for the component part, the amount represented by the addition allowed by normal trade practice in force on the 31st day of August, 1939, to the cost of production of the component part:] Provided that where the addition allowed by such normal trade practice exceeds or is alleged to exceed 20 per cent, the dealer or producer, as the case may be, shall report the fact to the Controller General who may either sanction such addition or, for reasons to be recorded in writing, order its variation; [and the dealer or producer, as the case may be, shall be deemed to sell for a consideration which is unreasonable, if such report has not been made or if after such report has been made and the Controller General has varied such addition, the price charged exceeds the limits approved by the Controller General under this proviso] [Substituted by Ordinance VII of 2003 for certain words.] . (3) The Controller General may make or cause to be made a certificate stating the landed cost of any imported article dealt in by a dealer, and shall, on request made by any dealer, grant or cause to be granted to that dealer a certificate stating the landed cost of any such imported article.] [Sub-section (2) and (3) of section 6 substituted by Ordinance VI of 2001.] (3-a) For the purposes of this section, the landed cost of any imported article shall, save as hereinafter provided, be the cost thereof to the importer, that is to say, the sum of- [(i) the price of article charged by the exporter in the country of origin; (ii) freight, marine and war risk insurance and other charges, incurred in respect of the article up to the time when it is delivered to the transit sheds at the port of entry ; (iii) the amount of duties payable on the importation of the article : Provided that if, in the opinion of the Controller General, there is substantial disparity- (a) between the landed cost so determined of the article and the landed cost of any other similar article ; or (b) between the consideration for the sale of the article computed on the basis of its landed cost so determined and the minimum price fixed under the Ordinance at which any other similar article, whether imported or not, may be sold, the Controller General may, in making a certificate referred to in subsection (3) in respect of the article, take such disparity into consideration to fix the landed cost of the article at such amount as he thinks equitable.] [Sub-section (3-a) to section 6 inserted by Ordinance VII of 2003.] (4) [ Where a dealer or a producer disposes of an article by having it sold by auction on his behalf, the auctioner as well as the dealer or producer shall be liable to the penalty provided by sub-section (1) of section 13, if in any such sale, there is a contravention of sub-section (1).] [Sub-section (4) to section 6 substituted by Ordinance VII of 2003.] (5) [ Where any article is sold, offered for sale, or otherwise disposed of in contravention of sub-section (1), by a dealer or producer through any person employed by him or acting on his behalf, such person and also, unless they prove that they exercised due diligence to prevent such contravention, the dealer or producer, as the case may be, and any person having the charge on behalf of the dealer or producer of the place where such contravention occurred, shall be liable to punishment provided by sub-section (1) of section 13, whether or not they were present when the contravention occurred.] [Sub-section (5) to section 6 added by Ordinance VII of 2003.] ### 7. General limitation on quantity to be passes, at one time. (1) No person shall have in his possession at any one time a greater quantity of any article to which this section applies than the quantity necessary for the reasonable needs of himself and his family for a period of three months or such longer period as may, for special reasons in his particular circumstances, be considered a reasonable period for which to make provisions. [Provided that the Controller General may by order specify any article or articles which any person may have in his possession at any one time in a quantity not greater than the quantity necessary for the reasonable needs of himself and his family for a period not exceeding six months.] [Proviso to section 7(1) added by Ordinance XI of 2001.] (2) For the purposes of sub-section (1), the expression "reasonable needs" includes the fulfilment of social or religious or other customary obligations. (3) Nothing in this section shall apply to a dealer or producer in respect of any article sold by or produced by him. (4) This section shall apply only to such articles as the Controller General may, by order published in the Government Gazette, specify for the purpose. ### 8. Duty to declare possession of excess stocks. - Any person having in his possession a quantity of any article exceeding that permitted by or under this Ordinance shall forthwith report the fact to the Controller General and shall take such action as to the storage, distribution or disposal of the excess quantity as the Controller General may direct. ### 9. Refusal to sell. - No dealer or producer shall, unless previously authorised to do so by the Controller General, without sufficient cause, refuse to sell to any person any article within the limits, [if any] [Inserted by Ordinance VII of 2003.] , as to quantity imposed by this Ordinance. Explanation. - The possibility or expectation of obtaining a higher price for an article at a later date shall not be deemed to be a sufficient cause for the purposes of this section. ### 9A. [ Power of Controller General to order or prohibit sale. [Section 9-A substituted by Ordinance VII of 2003, (Section 9-A was originally inserted by Ordinance VI of 2001).] - The Controller General may, be order in writing, direct any dealer or producer- (a) to sell to any specified person any-specified article or articles in such quantity within the limit, if any, as to quantity imposed by this Ordinance, as may be specified in the order; (b) not to sell, except to such person as the Controller General may, in the order or otherwise, specify, any specified article or classes of articles for such period not exceeding twentyone days, as may be specified in the order.] ### 10. Memorandum of sale to be given. - [(1) Every dealer or producer selling any article to any person, whether a dealer or consumer or otherwise, shall give to the purchaser at or before the time of delivery of the article a memorandum containing the particulars of the transaction prescribed under sub-section (2): Provided that where the total amount of the purchases at the transaction is less than ten rupees it shall be obligatory to give such memorandum only if the purchaser so requires.] [Section 10(1) substituted by Ordinance VI of 2001.] (2) The Controller General may, by notification in the Government Gazette, prescribe the particulars to be contained in any such [memorandum, and different particulars may be so prescribed in respect of different classes of transaction] [Substituted by Ordinance VI of 2001 for 'cash memorandum'.] . (3) The Government may, by notification in the Government Gazette, exempt specific areas, classes of dealers or producers, or commodities from the operation of this section. ### 11. Marking of prices and exhibiting price list. (1) The Controller General may direct any dealer or producer to mark articles exposed or intended for sale with the sale prices or to exhibit on his premises a price list of articles held by him for sale, and may further give directions as to the manner in which any such direction as aforesaid is to be carried out. [(1-A) The Controller General may, by order published in the Government Gazette, issue a direction under sub-section (1) generally to all dealers in, or producers of, a particular article or particular articles.] [Sub-section (1-A) of section 11 inserted by Ordinance VI of 2001.] (2) No dealer shall destroy, efface or alter [or cause to be destroyed, effaced or altered] [Inserted by Ordinance VII of 2003.] any label or mark affixed to an article and indicating the price marked by a producer. ### 12. Powers of Controller General or Inspectors. (1) [The Controller General or a Controller or any officer not below the rank of an Inspector of the Control Department, authorised by the Controller General, may] [Substituted by Ordinance X of 2005 for 'The Controller General or an Inspector may'.] - (a) direct a dealer or producer to maintain records of all sale and purchase transactions [in such manner as he may require] [Inserted by Ordinance X of 2005.] ; (b) direct a dealer or producer to furnish any information he may require as to the business carried on by such dealer or producer; (c) direct a dealer or producer to furnish any information possessed by such dealer or producer as to the business carried on by any other person ; (d) inspect or cause to be inspected any books or other documents belonging to or under the control of any dealer or producer; (e) enter and search or authorise any person not below the status of a gazetted officer to enter and search any premises ; (f) seize or authorise the seizure of any article in respect of which he suspects that an offence under this Ordinance has been, [is being, or is about to be] [Inserted by Ordinance VII of 2003.] , committed, and thereafter take or authorise the taking of all measures necessary for securing the production of the article in a Court. (2) The Controller General may, by order published in the Government Gazette, issue to all dealers or producers of a specified class a direction such as is referred to in clause (a) or clause (b) of sub-section (1). (3) [ The Controller General and such Inspectors or other officers as may be empowered by the Government in this behalf, shall, within the respective areas for which they are appointed, have power to investigate all offences punishable under this Ordinance, and in conducting any such investigation shall, within the said areas, have all the powers, duties, privileges and liabilities of an officer-in-charge of a Police Station under the Code of Criminal Procedure, 1989, (Act XXIII of 1989) when investigating a cognizable offence within the limits of his station.] [Sub-section (3) of section 12 substituted by Ordinance VII of 2003.] ### 13. Penalties. (1) Whoever contravenes any of the provisions of this Ordinance 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 made under authority conferred by this Ordinance shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both. (3) [ A Court convicting any person of an offence punishable under this Ordinance may order any article, in respect of which the offence was committed, to be forfeited to [the Government.] [Sub-section (3) of section 13 substituted by Ordinance VI of 2001.] ### 13A. [ Right of buyer to avoid prohibited transactions or to recover excess. [Section 13-A added by Ordinance VI of 2001.] (1) Where any person has been convicted of the offence specified in sub-section (1) of section 6, then- (a) if the prosecution was in respect of a sale, the buyer at that sale, and (b) if the prosecution was in respect of a sale or an offer to sell, or a disposal otherwise than by sale, the buyer under any sale of similar articles effected at the same or a higher price in the course of that business in contravention of the provisions of sub-section (1) of section 6, before the date of the conviction may at his option- (i) either treat the sale as void, and recover from the seller, as money received by him for the use of the buyer, any amount paid by the buyer as consideration therefor; or (ii) affirm the sale but recover as aforesaid to the extent of any loss sustained by him by reason of the contravention, regard being had to any consideration received or to be received by him for a resale of the articles : Provided that the buyer shall not be entitled to exercise the right conferred by clause (i) , if any rights acquired by a third party would be prejudicial thereby, or after the lapse of any unreasonable time from the date of the sale, or unless he tenders the articles to the seller in substantially the same state as that in which they were when the property passed to the buyer. (2) Any sum recoverable under this section shall be recoverable with interest thereon at the rate of 5 per cent per annum from the date when it was paid. (3) No person may exercise any right conferred by this section who is himself liable to punishment as an abettor of the contravention in question.] (4) [ Notwithstanding anything to the contrary in clause (a) of sub-section (1) of section 32 of the Code of Criminal Procedure, 1989 (XXIII of 1989), a [Judicial Magistrate] [Inserted by Ordinance VII of 2003.] of the first class, specially empowered by the Government in this behalf, may impose a sentence of tine exceeding one thousand rupees for any officers punishable under this Ordinance.] ### 14. [ Procedure. [Section 14 substituted by Ordinance III of 2007.] - No prosecution for any offence punishable under this Ordinance shall be instituted except with the previous sanction- of the Controller, if the offence is investigated by the Control Department : of the Superintendent of Police, if investigated by the police.] ### 14A. [ Summary trial. [Section 14A substituted by Ordinance VII of 2003.] (1) Notwithstanding anything contained in section 260 of the Code of Criminal Procedure, 1989 (XXIII of 1989), a [Judicial Magistrate] empowered to act under that section may try any offence punishable under this Ordinance in a summary way under the provisions of Chapter XXII of the said Code, and shall so try any such offence unless he is of opinion that in the event of the offence being proved a sentence which he is empowered under that Chapter to impose would be insufficient. (2) Notwithstanding anything contained in section 362 of the said Code, a Magistrate trying an offence, punishable under this Ordinance, shall not record the evidence or frame a charge unless he is of opinion that, in the event of the offence being proved, a sentence against which, in accordance with the provisions of sections 404 and 411 of the said Code, no appeal lies, would be insufficient: Provided that, where at any subsequent stage of a trial, commenced in accordance with this sub-section, it appears to the Magistrate that in the event of the offence being proved such sentence as aforesaid would be insufficient, he shall recall any witness who may have been examined and proceed to rehear the case in the manner provided in the said section 362 for a case in which an appeal lies. (3) Notwithstanding anything contained in section 526 of the said Code, no decision of a Court to try any offence punishable under this Ordinance otherwise than in the summary manner provided by this section shall be valid ground on which to make an application under that section.] ### 14B. [ Special rules of evidence. [Section 14B and 14C inserted by Ordinance VI of 2001.] (1) In any prosecution for a contravention of the provisions of section 5, the burden of proving that the quantity of any article in the possession of any accused person was not in excess as of the limits specified in that section shall be on the accused person. (2) In any prosecution for a contravention of the provisions of section 6, when the sale of or offer to sell or disposal of the article in question and the price at which it was made have been proved, then, if it is also proved that such price exceeded by more than 20 per cent the amount specified in sub-clause (i), (ii) or (iii) of clause (b) of sub-section (2) of section 6 or in clause (c) of that sub-section, as the case may be, it shall lie on the accused person to prove that the sale price charged was within the limits approved [x x x] under the proviso to the said sub-section. (3) [ For the purposes of section 6, a certificate signed by or under authority from the Government or the Controller General or an officer authorised in such behalf under section 14-D as to the landed cost of any article, shall be conclusive proof of that landed cost, and shall not be called in question on the ground that the said landed cost was not determined in conformity with the provisions of sub-section (3-a) of section 6.] [Sub-section (3) substituted by Ordinance VII of 2003. (For earlier amendment see Ordinance VI of 2001).] ### 14C. Offences by Corporations. - If the person contravening any provision of this Ordinance is a company or other body corporate, every director, manager, secretary or other officer or agent thereof shall, unless he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention, be deemed to be guilty of such contravention.] ### 14D. [ General powers of Government. [Section 14D inserted by Ordinance VII of 2003.] - The Government may- (a) exercise all the powers of the Controller General under this Ordinance; (b) authorise any officer to exercise all or any of the powers of the Controller General under sections 6, 7 and 9-A and sub-section (1) of section 11.] ### 15. [ Certain officers to be deemed public servants. [Section 15 substituted by Ordinance VII of 2003.] - [The Controller General and the Controllers so appointed] under this Ordinance and any officer authorised by the Government for any purpose under clause (b) of section 14-D shall, for the purpose of section 5, 8, 9 or 12, be deemed to be public servant within the meaning of section 21 of the Ranbir Penal Code, 1989 (XII of 1989)]. ### 16. Bar of legal proceedings. - No suit, prosecution or other legal proceeding shall lie against any person for anything done or in good faith intended to be done under this Ordinance. ### 17. Saving of other laws. - The provisions of this Ordinance shall be in addition to and not in derogation of any other law for the time being in force regulating the keeping, storage, distribution, disposal, or price of articles. ### 18. [ Exception of certain articles. [Section 18 inserted by Ordinance VI of 2001.] - The provisions of this Ordinance shall not apply- (a) to the possession or sale of any article intended for export from the State by a person holding an export licence for the export of that article ; (b) to the possession or sale of any article by a person discharging a contract entered into with the Government of India or the Government of [a Part A State or States of Ajmer, Coorg or Delhi] or with the Government where the possession or sale is in pursuance of that contract.]
65b973fcab84c7eca86e91c1	acts	State of Punjab - Act ----------------------- Punjab Contract Labour (Regulation and Abolition) Rules, 1973 --------------------------------------------------------------- PUNJAB India Punjab Contract Labour (Regulation and Abolition) Rules, 1973 =============================================================== Rule PUNJAB-CONTRACT-LABOUR-REGULATION-AND-ABOLITION-RULES-1973 of 1973 ------------------------------------------------------------------------- * Published on 1 January 1973 * Commenced on 1 January 1973 Punjab Contract Labour (Regulation and Abolition) Rules, 1973 Published vide the Punjab Gazette, Legislative Supplement, Part 3, dated May 25, 1973 Chapter I ----------- ### 1. Short title, commencement and extent. (1) These rules may be called the Punjab Contract Labour (Regulation and Abolition) Rules, 1973. (2) They shall come into force on the date of their publication in the Official Gazette. (3) These rules shall extend to the whole State of Punjab. ### 2. Definitions. - In these rules, unless the subject or context otherwise requires. - (a) "Act" means the Contract Labour (Regulation and Abolition) Act, 1970 (Act No. 37 of 1970). (b) "Appellate Officer" means the Appellate Officer nominated by the Government under sub-section (1) of section 15; (c) "Board" means the State Advisory Contract Labour Board constituted under section 4; (d) "Chairman" means the Chairman of the Board; (e) "Committee" means a Committee constituted under sub-section (1) of Section 5; (f) "Form" means a form appended to these rules; (g) "Government" means the Government of the State of Punjab; (h) "Inspector" means a person appointed as such by the Government under Section 28 of the Act; (i) "section" means a section of the Act; (j) "licensing officer" means the person appointed as such by the Government under section 11 of the Act; (k) "Registering Officer" means the person appointed as such under section 6 of the Act. Chapter II ------------ State Board ### 3. The State Board shall be consist of the following members:- (a) a Chairman to be appointed by the Government; (b) the Labour Commissioner, Punjab - ex-officio; (c) [Three persons] [Substituted for 'One person' vide Punjab Government Gazette Legislative Supplement Part III, dated 18.1.1993.] representing the Public Works Department of the Government, to be appointed by the Government from amongst its employees; (d) four persons, two representing the employees and two representing contractors to whom the Act applies, to be appointed by the Government after consultation with such organisations, if any of the employers and the contractors as may be recognised by the Government; (e) four persons, one representing the employees in the [P.W.D. Irrigation, one representing the employees of P.W.D. (Building and Roads)] [Substituted vide Punjab Government Gazette Legislative Supplement Part III, dated 24.7.1990.] and two representing the employees of the contractors to whom the Act applies to be appointed by the Government after consultation with such organisation, if any, of employees representing the respective interests as may be recognised by the Government. ### 4. Terms of office. (1) The Chairman shall hold office as such for a period of three years from the date on which his appointment is first notified in the Official Gazette. Provided that where the successor of the Chairman has not been appointed on or before the expiry of three years, the Chairman shall notwithstanding the expiry of his three years term, continue to hold his office until the appointment of his successor. (2) Each of the member of the Board referred to in clauses (c), (d) and (e) of the rule 3 shall hold office as such for a period of three years commencing from the date on which his appointment is first notified in the Official Gazette: Provided that where the successor of any such member has not been notified in the Official Gazette on or before the expiry of a period of three years, such member shall, notwithstanding the expiry of the period of his office, continue to hold such office until the appointment of his successor has been notified in the Official Gazette. (3) If a member is unable to attend a meeting of the Board, the Government or the body which appointed or nominated him may, by notice in writing signed on its behalf and by such member and addressed to the Chairman nominate a substitute in his place to attend the meeting and such a substitute member shall have all the rights of a member in respect of that meeting and any decision taken at the meeting shall be binding on the said body. ### 5. Resignation. - [A member of the Board, not being an ex officio member, may resign his office by a letter in writing addressed to the Government and the office of such a member shall fall vacant from the date on which his resignation is accepted by the Government or on the expiry of thirty days from the date of receipt of letter of resignation by the Government, whichever is earlier] [Substituted vide Punjab Government Gazette Legislative Supplement Part III, dated 7.5.1976.] . ### 6. Cessation of membership. - If any member of the Board, not being an ex officio member, fails to attend three consecutive meetings of the Board, without obtaining the leave of the Chairman for such absence, he shall ease to be a member of the Board: Provided that the Government may, if it is satisfied that such member was prevented by sufficient cause from attending three consecutive meetings of the Board, direct that such cessation shall not take place and on such direction being made, such member shall continue to be a member of the Board. ### 7. Disqualification for membership. (1) A person shall be disqualified for reappointment, and for being a member of the Board; (i) if he is of unsound mind and stands so declared by a competent court; or (ii) if he is an undischarged insolvent; or (iii) if he has been or is convicted of an offence which, in the opinion of the Government, involves moral turpitude. (2) If a question arises as to whether a disqualification has been incurred under sub-rule (1), the Government shall decide the same. ### 8. Removal from membership. - The Government may remove from office any member of the Board, if in its opinion such a member has ceased to represent the interest which he purports to represent on the Board: Provided that no such member shall be removed unless a reasonable opportunity is given to him of making any representation against the proposed action. ### 9. Vacancy. - When a vacancy occurs or is likely to occur in the membership of the Board, the Chairman shall submit a report to the Government and on receipt of such report, the Government shall take steps to fill the vacancy by making an appointment from amongst the category of persons to which the person vacating the membership belonged and the person so appointed shall hold office for the remainder of the term of office of the member in whose place he is appointed. ### 10. Staff. (1) (i) The Government may appoint one of its officials as Secretary to the Board and appoint such other staff be such as it may think necessary to enable the Board to carry out its functions. (ii) The salaries and allowance payable to that staff and the other conditions of service of such staff shall be such as may be decided by the Government. (2) The Secretary - (i) shall assist the Chairman in convening meetings of the Board; (ii) may attend the meetings but shall not be entitled to vote at such meetings; (iii) shall keep a record of the minutes of such meetings; and (iv) shall take necessary measures to carry out the decisions taken at the meetings of the Board. ### 11. Allowances of members. (1) The travelling allowance of an official member of the Board shall be governed by the rules applicable to him for journey performed by him on official duties and shall be paid by the authority paying his salary. (2) The non-official members of the Board shall be paid travelling allowance for attending the meeting of the Board at such rates as are admissible to Grade-I officers of the Government and daily allowances shall be calculated at the maximum rate admissible to Grade-I officers of the Government in their respective places. ### 12. Disposal of business. - Every question which the Board is required to take into consideration shall be considered at a meeting, or if the Chairman so directs, by sending the necessary papers to every member for opinion and the question shall be disposed of in accordance with the decision of the majority: Provided that in the case of equality of votes, the Chairman shall have a second or a casting vote. Explanation. - "Chairman" for the purposes of this rule shall include the Chairman nominated under rule 13 to preside over a meeting of the Board. ### 13. Meetings. (1) The Board shall meet at such places and times as may be specified by the Chairman. (2) The Chairman shall preside over every meeting of the Board at which he is present and in his absence nominate a member of the Board to preside over such meeting. ### 14. Notice of meetings and list of business. (1) Ordinarily seven days' notice shall be given to the members of a proposed meeting. (2) No business which is not on the list of business for a meeting shall be considered at that meeting without the permission of the Chairman. ### 15. Quorum. - No business shall be transacted at any meeting unless at least five members are present: Provided that if at any meeting less than five members are present, the Chairman may adjourn the meeting to another date informing members present and giving notice to the other members that he proposes to dispose of the business at the adjourned meeting whether there is prescribed quorum or not, and it shall thereupon be lawful for him to dispose of the business at the adjourned meeting irrespective of the number of members attending. ### 16. Committees of the Board. (1) (i) The Board may constitute such Committees and for such purpose or purposes as it may think fit. (ii) While constituting the Committee the Board may nominate one of its members to be the Chairman of the Committee. (2) [The Committee shall meet at such times and places as the Chairman of the said Committee may decide.] [Substituted vide Punjab Government Gazette Legislative Supplement Part III, dated 7.5.1976.] (3) The provisions of rule 11 shall apply to the members of the Committees in regard to payment of allowances for attending the meetings of the Committees as they apply to the members of the Board. ### 16A. Notice of meetings of Committee. - A notice of the date, time and place of the meeting of the Committee, along with the agenda of the meeting, shall be sent to each member by registered post at least fifteen days before the date fixed for such meeting: Provided that in the case of an emergent meeting such notice and the agenda for the meeting shall be sent at least seven days before the date fixed for such meeting. ### 16B. Presiding over meeting of Committee. - The Chairman of the Committee shall preside at every meeting of the Committee at which he is present and in his absence the members present shall elect one of the members to preside at the meeting. ### 16C. Quorum. (1) The quorum to constitute a meeting of a Committee shall be one-third of the total number of members of the Committee. (2) If at any time fixed for a meeting of the Committee, or if at any time during any such meeting, there is no quorum' the Chairman of the committee shall either adjourn the meeting until there is quorum or fix the meeting to some future day. (3) When the meeting has been adjourned in pursuance of sub-rule (2) on two successive dates fixed for the meeting of the Committee, it will be lawful to dispose of at the next meeting the business intended to be transacted irrespective of the number of members of the Committee present at such meeting. ### 16D. Voting in the Committee. (1) All questions at the meeting of the Committee shall be determined by a majority of votes of the members present and voting. (2) In the case of an equality of votes on any matter, the Chairman or the members acting as such, shall have a second or casting vote. (3) Voting shall be by show of hands. ### 16E. Proceedings of the meeting of the Committee. (1) The proceedings of each meeting of the Committee showing the names of the members present thereat shall be forwarded to each member and to the Board as soon as possible after the meeting and in any case seven days before the next meeting. (2) [The proceedings of each meeting of the Committee shall be confirmed with modifications, if any, at the next meeting] [Rules 16-A to 16-E Added vide Punjab Government Gazette Legislative Supplement Part III, dated 7.5.1976.] . Chapter III ------------- Registration and Licensing ### 17. Manner of making application for registration of establishments. (1) The application referred to in sub-section (1) of section 7 shall be made in triplicate, in Form I to the registering officer of the area in which the establishment sought to be registered is located. (2) The application referred to in sub-rule (1) shall be accompanied by a treasury receipt showing payment of the fees at the rates prescribed in rule 26 for the registration of the establishment . (3) Every application referred to in sub-rule (1) shall be either personally delivered to the registering officer or sent to him by registered post. (4) On receipt of the application referred to in sub-rule (1), the registration officer shall, after noting thereon the date of receipt by him of the application, grant an acknowledgement to the applicant. ### 18. Grant of certificate of registration. (1) The certificate of registration granted under sub-section (2) of Section 7 shall be in Form II. (2) Every certificate of registration granted under sub-section (2) of section 7 shall contain the following particulars, namely:- (a) the name and address of the establishment; (b) The maximum number of workmen to be employed as contract labour in the establishment; (c) the type of business, trade, industry, manufacture or occupation which is carried on in the establishment; (d) such other particulars as may be relevant to the employment of contract labour in the establishment; (3) The registering officer shall maintain a register in Form III showing the particulars of establishment in relation to which certificates of registration have been issued by him. (4) If, in relation to an establishment, there is any change, in the particulars specified in the certificate of registration, the principal employer of the establishment shall intimate to the registering officer, within thirty days from the date when such change takes place, the particulars of, and the reasons for, such change and make an application for modification of the registration certificate along with the fee prescribed for the purpose. ### 19. Circumstances in which application for registration may be rejected. (1) If any application for registration is not complete in all respects, the registration officer shall require the principal employer to amend the application so as to make it complete in all respects. (2) If the principal employer, on being required by the registration officer to amend his application for registration, omits or fails to do so, the registering officers shall reject the application for registration. ### 20. Amendment of certificate of registration. (1) Where on receipt of the intimation under sub-rule (4) of rule 18, the registering officer is satisfied that an amount higher than the amount which has been paid by the principal employer as fees for the registration of the establishment is payable, he shall require such principal employer to deposit a sum which, together with the amount already paid by such principal employer, would be equal to such higher amount of fees payable for the registration of the establishment and to produce the treasury receipt showing such deposit. (2) [Where, on receipt of the intimation referred to in sub-rule (4) of rule 18, the registering officer is satisfied that there has occurred a change in the particulars of the establishment, as entered in the register in Form III, he shall amend the said register and record therein and in the certificate of registration in Form II, the change which has occurred;] [Vide Punjab Government Gazette Legislative Supplement Part III, dated 7.5.1976.] Provided that no such amendment shall affect anything done or any action taken or any right, obligation or liability acquired or incurred before such amendment: Provided further that the registering officer shall not carry out any amendment in the register in Form III unless the appropriate fees have been deposited by the principal employer, under sub-rule (4) of rule 18. ### 21. Application for a licence. (1) Every application by a contractor for the grant of a licence shall be made in quadruplicate in Form IV, to the licensing officer of the area in which the establishment, in relation to which he is the contractor, is located. (2) Every application for the grant of a licence shall be accompanied by a certificate by the principal employer in Form V to the effect that the applicant has been employed by him as a contractor in relation to his establishment and that he undertakes to be bound by all the provisions of the Act and the rules made thereunder in so far as the provisions are applicable to him as principal employer in respect of the employment of contract labour by the applicant. (3) Every such application shall be either personally delivered to the licensing officer or sent to him by registered post. (4) On receipt of the application referred to in sub rule (1) the licensing officer shall, after noting thereon the date of receipt of the application, grant an acknowledgement to the applicant. (5) Every application referred to in sub-rule (1) shall also be accompanied by a treasury receipt showing - (i) the deposit of the security at the rates specified in rule 24, and (ii) the payment of the fees at the rates specified in rule 26. ### 22. Matters to be taken into account in granting or refusing a licence. - In granting or refusing to grant a licence, the licensing officer shall take the following matters into account, namely:- (a) whether the applicant - (i) is a minor, or (ii) is of unsound mind and stands so declared by a competent court, or (iii) is an undischarged insolvent, or (iv) has been convicted (at any time during a period of five years immediately preceding the date of application) of an offence which, in the opinion of the Government, involves moral turpitude; (b) whether there is an order of the appropriate Government or an award of settlement for the abolition of contract labour in respect of the particular type of work in the establishment for which the applicant is a contractor; (c) whether any order has been made in respect of the applicant under sub-section (1) of section 14, and, if so, whether a period of three years has elapsed from the date of that order; (d) whether the fees for the application have been deposited at the rates specified in rule 26; and (e) whether security has been deposited by the applicant at the rates specified in rule 24. ### 23. Refusal to grant licence. - [(1) On receipt of the application from the contractor, and as soon as possible thereafter, the licensing officer shall investigate or cause investigation to be made and satisfy himself about the correctness of the facts and particulars furnished in such application and the eligibility of the applicant for licence.] [Substituted vide Punjab Government Gazette Legislative Supplement Part III, dated 7.5.1976.] (2) (i) Where the licensing officer is of opinion that the licence should not be granted, he shall after affording reasonable opportunity to the applicant to be heard, make an order rejecting the application. (ii) The order shall record the reasons for the refusal and shall be communicated to the applicant. ### 24. Security. (1) Before a licence is issued, an amount calculated at the rate of [Rs. 90] [Substituted for 'Rs. 30' vide Punjab Government Gazette Legislative Supplement Part III, dated 22.6.1990.] for each of the workmen to be employed as contract labour, in respect of which the application for licence has been made, shall be deposited by the contractor for due performance of the conditions of the licence and compliance with the provisions of the Act or the rules made thereunder. [Provided that where the contractor is a co-operative society, the amount deposited as security shall be at the rate of five rupees for each of the workmen to be employed as contract labour.] [Proviso added vide Punjab Government Gazette Legislative Supplement Part III, dated 7.5.1976.] (1A) [ Where the applicant for the licence was holding a licence in regard to another work and that licence has expired, the Licensing Officer, if he is of the view that any amount out of the security deposited in respect of the licence is to be directed to be refunded to the applicant under rule 31, may on an application made for that purpose in form VA by the applicant, adjust the amount to be so refunded towards the security required to be deposited in respect of the application for a new licence and the applicant need deposit in such a case, only the balance amount, if any, after making such adjustments.] [Added by Punjab Government Notification No. GSR No. 45/CA37/70/S.35/Amd.(3) /80 dated 2-5-1980.] (2) [ The amount of security deposit or the balance amount required to be deposited under sub-rule (1) or under sub-rule (1A) as the case may be] [Substituted for the words 'The amount of security deposit' by Punjab Government Notification No. GSR No. 45/CA37/70/S.35/Amd.(3) /80 dated 2-5-1980.] shall be paid in the local treasury under the head of Account to be notified by Government in the Official Gazette. ### 25. Forms and terms and conditions of licence. (1) Every licence granted under sub-section (1) of section 12 shall be in Form VI. (2) Every licence granted under sub-rule (1) or renewed under rule 29 shall be subject to the following conditions, namely:- (i) the licence shall be non-transferable; (ii) the number of workmen employed as contract labour in the establishment shall not, on any day, exceed the maximum number specified in the licence; (iii) save as provided in these rules, the fees paid for the grant, or as the case may be, for renewal of the licence shall be non-refundable; (iv) the rates of wages payable to the workmen by the contractor shall not be less than rates prescribed under the Minimum Wages Act, 1948 ( 11 of 1948 ) for such employment where applicable and where the rates have been fixed by agreement, settlement or award, not less than the rates so fixed; (v) (a) in cases where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work: Provided that in the case of any disagreement with regard to the type of work the same shall be decided by the Labour Commissioner, Punjab whose decision shall be final; (b) in other cases the wage rates, holidays, hours of work and conditions of service of the workmen of the contractor shall be such as may be specified in this behalf by the Labour Court Commissioner, Punjab: Explanation. - While determining the wage rates, holidays, hours of work and other conditions of service under sub-clause (b) of clause (v) of this sub-rule, the Labour Commissioner, Punjab shall have due regard to the wage rates, holidays, hours of work and other conditions of service obtaining in similar employments. (vi) (a) in every establishment where twenty or more women are ordinarily employed as contract labour, there shall be provided two rooms of reasonable dimensions for the use of their children under the age of six years; (b) one of such rooms shall be used a play room and the other as bed room for the children; (c) the contractor shall supply adequate number of toys and games in the play room and sufficient number of costs and bedding in the bed-room; (d) the standard of construction and maintenance of the creches shall be such as may be specified in this behalf by the Labour Commissioner, Punjab; (vii) The licensee shall notify any change in the number of workmen or the conditions of work to the licensing officer. (viii) [ The licensee shall, within fifteen days of the commencement and completion of each contract work, submit a return to the Inspector appointed under Section 8 of the Act, intimating the actual date of the commencement or, as the case may be, completion of such contract work in Form VI - A.] [Susbtituted vide Punjab Government Gazette Legislative Supplement Part III, dated 15.11.1979.] (viii) [ no female contract labour shall be employed by any contractor before 6.00 a.m. or after 7.00 p.m. Provided that this shall not apply to the employment of women in the pithead baths, creches and canteens and mid-wives and nurses in hospitals and dispensaries.] [Clause (viii) inserted by Punjab Government Notification No. GSR No. 45/CA37/70/S.35/Amd.(3)/80 dated 2-5-1980.] ### 26. Fees. (1) The fees to be paid for the grant of a certificate of registration under section 7 shall be as specified below: If the number of workmen proposed to be employed on contract on any day - \| \| \| \| --- \| --- \| \| \| Rs. \| \| (a) is twenty; \| 60 \| \| (b) exceeds twenty but does not exceed fifty; \| 150 \| \| (c) exceeds fifty but does not exceed one hundred; \| 300 \| \| (d) exceeds one hundred but does not exceed two hundred; \| 600 \| \| (e) exceeds two hundred but does not exceed four hundred; and \| 1200 \| \| (f) exceeds four hundred; \| 1500 \| (2) The fees to be paid for the grant of a licence under section 12 shall be as specified below:- If the number of workman employed by the contractor on any day - \| \| \| \| --- \| --- \| \| \| Rs. \| \| (a) is twenty; \| 15 \| \| (d) exceeds twenty but does not exceed fifty; \| 37.5 \| \| (c) exceeds fifty but does exceed one hundred; \| 75 \| \| (d) exceed one hundred but does not two hundred; \| 150 \| \| (e) exceeds two hundred but does not exceed four hundred; and \| 300 \| \| (f) exceeds four hundred \| [375] [Susbtituted vide Punjab Government Gazette Legislative Supplement Part III, dated 22.6.1990.] \| ### 27. Validity of the licence. - Every licence granted under rule 25 or renewed under rule 29 shall remain in force up to the 31st December of the year in which it is [granted or renewed, as the case may as be or till the actual date of completion of the contract work whichever is earlier shall be substituted.] [Susbtituted vide Punjab Government Gazette Legislative Supplement Part III, dated 7.5.1976.] ### 28. Amendment of the licence. (1) A licence issued under rule 25 or renewed under rule 29 may, for good and sufficient reasons, be amended by the licensing officer. (2) The contractor who desires to have the licence amended shall submit to the licensing officer an application stating the nature of the amendment and reasons therefor. (3) (i) If the licensing officer allows the application he shall require the applicant to furnish a treasury receipt for the amount, if any, by which the fees that would have been payable if the licence had been originally issued in the amended form exceeds the fees originally paid for the licence. (ii) On the applicant furnishing the requisite treasury receipt the licence shall be amended according to the orders of the licensing officer. (4) Where the application for amendment is refused, the licensing officer shall record the reasons for such refusal and communicate the same to the applicant. ### 29. Renewal of licence. (1) Every contractor shall apply to the licensing officer for renewal of the licence. (2) Every such application shall be in Form VI in triplicate and shall be made not less than thirty days before the date on which the licence expires, and if the application is so made, the licence shall be deemed to have been renewed until such date when the renewed license is issued. (3) The fees chargeable for renewal of the licence shall be the same as for the grant thereof: Provided that if the application for renewal is not received within the time specified in sub-rule (2) , a fee of 25 per cent in excess of the fee ordinarily payable for the licence shall be payable for such renewal: Provided further that in case where the licensing officer is satisfied that the delay in submission of the application is due to unavoidable circumstances beyond the control of the contractor, he may reduce or remit as he thinks fit the payment of such excess fee. ### 30. Issue of duplicate certificate of registration or licence. - Where a certificate of registration or a licence granted or renewed under the preceding rules has been lost, defaced or accidentally destroyed, a duplicate may be granted on payment of five rupees. ### 31. Refund of security. (1) (i) On the expiry of the [validity] [Susbtituted for 'period' vide Punjab Government Gazette Legislative Supplement Part III, dated 7.5.1976.] of licence the contractor may, if he does not intend to have his licence renewed, make an application to the licensing officer for the refund of the security deposited by him under rule 24. (ii) If the licensing officer is satisfied that there is no breach of the conditions of licence or there is no order under section 14 for the forfeiture of security or any portion thereof, he shall direct the refund of the security to the applicant. (2) if there is any order directing the forfeiture of any portion of the security, the amount to be forfeited shall be deducted from the security deposit, and balance, if any, refunded to the applicant. (3) Any application for refund shall, as far as possible, be disposed of within 60 days of the receipt of the application. ### 32. Grant of temporary certificate of registration and licence. (1) Where conditions arise in an establishment requiring the employment of contract labour immediately and such employment is estimated to last for not more than fifteen days, the principal employer of the establishment or the contractor, as the case may be may apply for a temporary certificate of registration or licence to the registering officer or the licensing officer, as the case may be, having jurisdiction over the area in the which the establishment is situated. (2) The application for such temporary certificate of registration or licence shall be made in triplicate in Forms VIII and X respectively and shall be accompanied by a treasury receipt [-] [Words or a crossed postal order drawn in favour of the appropriate registering or licensing officer, as the case may be omitted vide Punjab Government Gazette Legislative Supplement Part III, dated 7.5.1976.] showing the payment of appropriate fees and in the case of licence the appropriate amount of security also. (3) On receipt of the application, complete in all respects, and on being satisfied either on affidavit by the applicant or otherwise that the work in respect of which the application has been made would be finished in a period of fifteen days and was a nature which could not but be carried out immediately, the registering officer or the licensing officer, as the case may be, shall forthwith grant a certificate of registration in Form IX or a licence in Form XI, as the case may be, for a period of not more than fifteen days. (4) Where a certificate of registration or licence is not granted under sub-rule (3) the reasons therefor shall be recorded by the registering officer or the licensing officer, as the case may be. (5) On the expiry of the validity of the registration certificate the establishment shall cease to employ in the establishment contract labour in respect of which the certificate was given. (6) The fees to be paid for the grant of the certificate of registration under sub-rule (3) shall be as specified below:- [If the number of workmen proposed to be employed on contract on any day] [Substituted vide Punjab Government Gazette Legislative Supplement Part III, dated 22.6.1990.] :- \| \| \| \| --- \| --- \| \| \| Rs. \| \| (a) [ exceeds 20 but does not exceed 50 [Substituted vide Punjab Government Gazette Legislative Supplement Part III, dated 22.6.1990.] \| 30 \| \| (b) exceeds 50 but does not exceeds 200 \| 60 \| \| (c) exceeds 200 \| 90.00] \| (7) The fees to be paid for the grant of a licence under sub-rule (3) shall be specified below:- If the number of workmen to be employed by the contractor on any day - \| \| \| \| --- \| --- \| \| \| Rs. \| \| (a) [ exceeds 20 but does not exceed 50 [Substituted vide Punjab Government Gazette Legislative Supplement Part III, dated 22.6.1990.] \| 15 \| \| (b) exceeds 50 but does not exceeds 200 \| 60 \| \| (c) exceeds 200 \| 90.00] \| (8) The provisions of rule 24 and rule 23 shall apply to the refusal to grant licence or to grant licence under sub-rule (4) and sub-rule (3) respectively. Chapter IV ------------ Appeal and Procedure ### 33. (1) Every appeal under-section (1) of section 15 shall be preferred in the form of a memorandum signed by the appellant or his authorised agent and presented to the Appellate Officer in person or sent to him by registered post. (2) The memorandum shall be forth concisely and under distinct head the ground of appeal to the order appealed from. ### 34. (1) Where the memorandum of appeal does not comply with the provisions of sub-rule (2) of Rule 33 it may be rejected or returned to appellant for the purpose of being amended within a time to be fixed by the Appellate Court. (2) Where the Appellate Officer rejects the memorandum under subrule (1) he shall record the reason for such rejection, and communicate the order to the appellant. (3) Where the memorandum of appeal is in order, the Appellate Officer shall admit the appeal, endorse thereon the date of presentation and shall register the appeal in a register to be kept for the purpose called the Register of Appeals. (4) (i) When the appeal has been admitted the Appellate Officer shall send the notice of the appeal to the Registering Officer or the licensing officer, as the case may be, from whose order the appeals has been preferred and the Registering Officer or the licensing officer shall send the record of the case to the Appellate Officer. (ii) On receipt of the record, the Appellate Officer shall send a notice to the appellant to appear before him at such date and time as may be specified in the notice for the hearing of the appeal. ### 35. If on the date fixed for hearing the appellant does not appear, the Appellate Officer may dismiss the appeal for default of appearance of the appellant. ### 36. (i) Where an appeal has been dismissed under rule 35 the appellant may apply to the Appellate Officer for the re-admission of the appeal and where it is proved that the was prevented by any sufficient cause from appearing when the appeal was called on for hearing, the Appellate Officer shall restore the appeal on its original number. (ii) Such an application shall, unless the Appellate Officer extends the time for sufficient reason, be made within 30 days of the date of dismissal. ### 37. (1) If the appellant is present when the appeal is called on for the hearing, the Appellate Officer shall proceed to hear the appellant or his authorised agent and any other person summoned by him for his purpose, and pronounce judgment on the appeal, either confirming, reversing or varying the order appealed from. (2) The judgment of the Appellate Officer shall state the points for determination, the decisions thereon and the reasons for the decisions. (3) The order shall be communicated to the appellant and copy thereof shall be sent to the Registering Officer or the licensing officer from whose order the appeal has been preferred. ### 38. Payment of Fees. - Unless otherwise provided in these rules, all fees to be paid under rules shall be paid in the local treasury under the head of account to be notified by Government in the Official Gazette and a receipt obtained which shall be submitted with the application or the memorandum of appeal, as the cases may be. ### 39. Copies. - Copy of the order of the Registering Officer, licensing officer or the Appellate Officer may be obtained on payment of fees of two rupees for each order on application specifying the date and other particulars of the order, made to the officer concerned. Chapter V ----------- Welfare and Health of Contract Labour ### 40. Facilities. (1) The facilities required to be provided under sections 18 and 19 of the Act namely, sufficient supply of wholesome drinking water, a sufficient number of latrines and urinals, washing facilities, and first aid facilities shall be provided by the contractor in the case of the existing establishment within seven days of the commencement of these rules and in the case of new establishments within seven days of the commencement of the employment of Contract Labour therein. (2) If any of the facilities mentioned in sub-rule (1) is not provided by the contractor within the period prescribed the same shall be provided by the principal employer within seven days of the expiry of the period laid down in sub-rule (1). ### 41. Rest Rooms. (1) In every place wherein contract labour is required to halt at night in connection with the working of the establishment to which the Act applies and in which employment of contract labour is likely to continue for 3 months or more, the contractor shall provide and maintain rest rooms or other suitable alternative accommodation within fifteen days of the coming into force of the rules in the case of existing establishment and within fifteen days of the commencement of the employment of contract labour in new establishments. (2) If the amenity referred to in sub-rule (1) is not provided by the contractor within the period prescribed the principal employer shall provide the same within a period of fifteen days of the expiry of the period laid down in sub- rule (1). (3) Separate rooms shall be provided for women employees. (4) Effective and suitable provision shall be made in every room for securing and maintaining adequate ventilation by the circulation of fresh air and there shall also be provided and maintained sufficient and suitable natural or artificial lighting. (5) The rest room or rooms or other suitable alternative accommodation shall be of such dimensions so as to provide at least floor area of 1.1 square meter for each person making use of the rest room. (6) The rest room or rooms or other suitable alternative accommodation shall be so constructed as to afford adequate protection against heat, wind, rain and shall have smooth, hard impervious floor surface. (7) The rest room or other suitable alternative accommodation shall be at a convenient distance from the establishment and shall have adequate supply of wholesome drinking water. ### 42. Canteens. (1) In every establishment to which the Act applies and wherein work regarding the employment of contract labour is likely to continue for six months and wherein contract labour numbering one hundred or more are ordinarily employed, an adequate canteen shall be provided by the contractor for the use of such contract labour within sixty days of the date of coming into force of the rule in the case of the existing establishments and within sixty days of the commencement of the employment of contract labour in the case of new establishments. (2) If the contractor fails to provide the canteen within the time laid down the same shall be provided by the principal employer within sixty days of the expiry of the time allowed to the contractor. (3) The canteen shall be maintained by the contractor or principal employer, as the case may be, in an efficient manner. ### 43. (1) The canteen shall consist of at least a dining hall, kitchen, store room, pantry and washing places separately for workers and for utensils. (2) (i) The canteen shall be sufficiently lighted at all times when any person has access to it. (ii) The floor shall be made of smooth and impervious material and inside walls shall be lime washed or colour washed at least once in each year: Provided that the inside walls of the kitchen shall be lime washed every four months. (3) (i) The precincts of the canteen shall be maintained in a clean and sanitary condition. (ii) Waste water shall be carried away in suitable covered drains and shall not be allowed to accumulate so as to cause a nuisance. (iii) Suitable arrangements shall be made for the collection and disposal of garbage. ### 44. (1) The dining hall shall accommodate at a time at least 30 per cent of the contract labour working at a time. (2) The floor area of the dining hall, excluding the area occupied by the service counter and any furniture except tables and chairs shall be not less than one square meter per diner to be accommodated as prescribed in sub-rule (1). (3) (i) A portion of the dining hall and service counter shall be partitioned off and reserved for women workers in proportion to their number. (ii) Washing places for women shall be separated and screened to secure privacy. (4) sufficient tables, stools, chairs or benches shall be available for the number of diners to be accommodated as prescribed in sub-rule (1). ### 45. (1) (i) There shall be provided and maintained sufficient utensils, crockery, cutlery, furniture and any other equipment necessary for the efficient running of the canteen. (ii) The furniture, utensils and other equipment shall be maintained in a clean and hygienic condition. (2) (i) Suitable clean clothes for the employees serving in the canteen shall also be provided and maintained. (ii) A service counter, if provided, shall have top of smooth and impervious material. (iii) Suitable facilities including an adequate supply of hot water shall be provided for the cleaning of utensils and equipment. ### 46. The foodstuffs and other items to be served in the canteen shall be in conformity with the normal habits of the contract labour. ### 47. - The charges for foodstuffs, beverages and any other items served in the canteen shall be based on "no-profit, no-loss" and shall be conspicuously displayed in the canteen. ### 48. - In arriving at the prices of foodstuffs and other articles served in the canteen the following items shall not be taken into consideration as expenditure, namely :- (a) the rent for the land and building; (b) the depreciation and maintenance charges for the building and equipment provided for in the canteen; (c) the cost of purchase, repairs and replacement of equipments including furniture, crockery, cutlery and utensils; (d) the water charges and other charges incurred for lighting and ventilation; (e) the interest on the amounts spent on the provision and maintenance of furniture and equipment provided for in the canteen. ### 49. - The books of accounts and registers and other documents used in connection with the running of the canteen shall be produced on demand to an Inspector. ### 50. - The accounts pertaining to canteen shall be audited once every 12 months by the registered accountants and auditors; Provided that the Labour Commissioner, Punjab may approve of any other person to audit the accounts, if he is satisfied that it is not feasible to appoint a registered accountant and auditor in view of the site or the location of the canteen. ### 51. Latrines and Urinals. - Latrines shall be provided in every establishment to which the Act applies on the following scale, namely:- (a) where females are employed, there shall be at least one latrine for every 25 females or a part thereof; (b) where males are employed, there shall be at least one latrine for every 25 males or a part thereof; Provided that where the number of males or females exceeds 100, it shall be sufficient if there is one latrine for every 25 males or females, as the case may be, up to the first 100, and one for every 50 thereafter. ### 52. - Every latrine shall be under cover and so partitioned off as to secure privacy, and shall have a proper door and festerning. ### 53. (1) Where workers of both sexes are employed there shall be displayed outside each block of latrine and urinal a notice in the language understood by the majority of the workers "For Men Only" or "For Women Only", as the case may be. (2) The notice shall also bear the figure of a man or of a woman, as the case may be. ### 54. - There shall be at least one urinal for every fifty male workers or a part thereof, and there shall be at least one urinal for every fifty female workers or a part thereof. Provided that where the number of male or female workers, as the case may be, exceeds 500 it shall be sufficient if there is one urinal for every 50 males or females up to the first 500 and one for every 100 or part thereof thereafter. ### 55. (1) The latrines and urinals shall be conveniently situated and accessible to workers at all times at the establishment. (2) (i) The latrines and urinals shall be adequately lighted and shall be maintained in a clean and sanitary condition at all times. (ii) Latrines and urinals other than those connected with a flush sewerage system shall comply with the requirements of the public health authorities. ### 56. Water shall be provided by means of tap or otherwise so as to be conveniently accessible in or near the latrines and urinals. ### 57. Washing Facilities. (1) In every establishment coming within the scope of the Act adequate and suitable facilities for washing shall be provided and maintained for the use of contract labour employed therein. (2) Separate and adequate screening facilities shall be provided for the use of male and female workers. (3) Such facilities shall be conveniently accessible and shall be kept in clean and hygienic condition. ### 58. First-aid Facilities. - In every establishment coming within the scope of the Act there shall be provided and maintained so as to the readily accessible during all working hours first aid boxes at the rate not less than one box for 150 workers or part thereof ordinarily employed. ### 59. (1) The first aid box shall be distinctively marked with a red cross on a white ground and shall contain the equipment hereinafter maintained. (a) In the case of establishment in which the number of contract labour employed does not exceed fifty, each first aid box shall contain the following equipment, namely :- (i) Six small sterilized dressings. (ii) Three medium size sterilized dressings. (iii) Three lager size sterilized dressings. (iv) Three lager sterilized burn dressings. (v) One (30ml.) bottle containing a two per cent alcoholic solution of iodine. (vi) One (30ml.) bottle containing salvolatile having the dose and mode of administration indicated on the lable. (vii) One snake bite lancet. (viii) One (30 gms.) bottle of potassium permangnate crystals. (xi) One pair of scissors. (x) One copy of the first aid leaflet issued by the Director General, Factory Advice Service and Labour Institutes, Government of India. (xi) One bottle containing 100 tablets (each of 5 grains) of aspirin. (xii) Ointment for burns. (xiii) One bottle of suitable surgical anti-septic solution. (b) In the case of establishments in which the number of contract labour exceed fifty - each first aid box shall contain be following equipment, namely :- (i) Twelve small sterilized dressings. (ii) Six medium size sterilized dressings. (iii) Six large size sterilized dressings. (iv) Six large size sterilized burn dressing. (v) Six (15gms.) packets sterilized cotton wool. (vi) One (60ml.) bottle containing a two per cent alcoholic solution of iodine. (vii) One (60ml.) bottle containing salvolatile having the dose and mode of administration indicated on the lable. (viii) One roll of adhesive plaster. (ix) One snake bite lancet. (x) One (30 gms.) bottle of potassium permangnate crystals. (xi) One pair of scissors. (xii) One copy of the first aid leaflet issued by the Director General, Factory Advice Service and Labour Institutes, Government of India. (xiii) One bottle containing 100 tablets (each of 6 grains) of aspirin. (xiv) Ointment for burns. (xv) One bottle of suitable surgical anti-septic solution. (2) Adequate arrangement shall be made for immediate re-coupment of the equipment when necessary. ### 60. Nothing except the prescribed contents shall be kept in the first aid box. ### 61. - The first aid box shall be kept in charge of a responsible person who shall always be readily available during the working hours of the establishment. ### 62. - A person incharge of the first aid box shall be a person trained in first aid treatment, in establishments where the number of contract labour employed is 150 or more. Chapter VI ------------ Wages ### 63. - The contractor shall fix wage periods in respect of which wages shall be payable. ### 64. - No wage period shall exceed one month. ### 65. - The wages of every person employed as contract labour in an establishment or by a contractor where less than one thousand such persons are employed shall be paid before the expiry of the seventh day and in other cases before the expiry of tenth day after the last day of the wage period in respect of which the wages are payable. ### 66. - Where the employment of any worker is terminated by or on behalf of the contractor the wages earned by him shall be paid before the expiry of the second working day from the day on which his employment is terminated. ### 67. - All payments of wages shall be made on a working day at the work premises and during the working time and on a date notified in advance and in case the work is completed before the expiry of the wage period, final payment shall be made within 48 hours of the last working day. ### 68. - Wages due to every worker shall be paid to him direct or to other person authorised by him in this behalf. ### 69. - All wages shall be paid in current coin or currency or in both. ### 70. - Wages shall be paid without any deductions of any kind except those specified by the Government by general or special order issued in this behalf under any law or permissible under the Payment of Wages Act, 1936 (4 of 1936). ### 71. - A notice showing the wage period and the place and time of disbursement of wages shall be displayed at the place of work and a copy sent by the contractor to the principal employer under acknowledgement. ### 72. - The principal employer shall ensure the presence of the authorised representative at the place and time of disbursement of wages by the contractor to workmen and it shall be the duty of the contractor to assure the disbursement of wages in the presence of such authorised representative. ### 73. - The authorised representative of the principal employer shall record under his signature a certificate at the end of the entries in the Register of [Register of Wages or the Wages-cum-Muster Roll] [Substituted by Punjab Government Notification No. GSR No. 45/CA37/70/S.35/Amd.(3) /80 dated 2-5-1980.] , as the case may be, in the following form: "Certified that the amount shown in column No. ................. has been paid to the workman concerned in my presence on ............. at ...." Chapter VII ------------- Registers and Records and Collection of Statistcs ### 74. Register of Contractors. - Every principal employer shall maintain in respect of each registered establishment a register of contractors in Form XII. ### 75. Register of Persons employed. - Every contractor shall maintain in respect of each registered establishment where he employs contract labour a register in Form XIII. ### 76. Employment card. - (i) Every contractor shall issue an employment card in Form XIV to each worker within three days of the employment of the worker. (ii) The card shall be maintained up to date and any change in the particulars shall be entered therein. ### 77. Service Certificate. - On termination of employment for any reasons whatsoever the contractor shall issue to the workman whose service have been terminated a Service Certificate in Form XV. ### 78. Muster Roll, Wages Registers, Deduction Register and Overtime Register. - (1) [(a) Every contractor shall in respect of each work on which he engages contract labour] [Subrule (1) and (2) substituted by Punjab Government Notification No. GSR No. 45/CA37/70/S.35/Amd.(3)/80 dated 2-5-1980.] :- (i) maintain a Muster Roll and a Register of Wages - in Form XVI and Form XVII respectively. Provided that a combined Register of Wages-cum-Muster Roll in Form XVIII shall be maintained by the Contractor where the wage period is a fortnight or less; (ii) maintain a register of deductions for damage or loss Register of Fines and Register of Advances in Form XX, Form XXI and Form XXII, respectively; (iii) maintain a Register of Overtime in Form XXIII, recording therein the number of hours of and wages paid for, overtime work, if any; (b) Every contractor shall, where the wage period is one week or more, issue wage slips in Form XIX, to the workmen at least a day prior to the disbursement of wages; (c) Every contractor shall obtain the signature or thumb-impression of the worker concerned against the entries relating to him on the Register of Wages or Register of Muster Roll-cum-Wages, as the case may be, and the entries shall be authenticated by the initials of the contractor or his authorised representative, shall also be duly certified by the authorised representative of the principal employer in the manner provided in Rule 73. (2) In respect of establishment which are governed by the Payment of Wages Act, 1936 (Central Act 4 of 1936) and the rules made thereunder, or the Minimum Wages, Act, 1948 (Central Act 11 of 1948 or the rules made thereunder, the following registers and record) required to be maintained by a contractor as employer under those Acts and rules made the reunder shall be deemed to be registers and records to maintained by the contractor under these rules, namely :- (a) Muster Roll; (b) Register of Wages; (c) Register of deductions; (d) Register of Overtime; (e) Register of Fines; (f) Register of Advances; (g) Wage-slip. (3) Notwithstanding anything contained in these rules, where a combined or alternative form is sought to be used by the contractor to avoid duplication of work for compliance with the provisions of any other Act or the rules framed thereunder or any other laws or regulartions or in cases where mechanised pay rolls are introduced for better administration, alternative suitable form or forms in lieu of any of the forms prescribed under these rules, may be used with the previous approval of the Labour Commissioner, Punjab. ### 79. - Every contractor shall display an abstract of the Act and these rules in English, Hindi and Punjabi and in the language spoken by the majority of workers in such form as may be approved by the Labour Commissioner, Punjab. ### 80. (1) All registers and others records required to be maintained under the Act and these rules, shall be maintained, complete and up-to-date, and unless otherwise provided for, shall be kept at an office or the nearest convenient building within the precints of the work place or at a place within a radius of three kilometres. (2) Such registers shall be maintained legibly in English, Hindi or Punjabi. (3) All the registers and other records shall be preserved in original for a period of three calendar years from the date of last entry therein. (4) All the registers, records and notices maintained under the Act or rules shall be produced on demand before the Inspector or any other authority under the Act or any person authorised in that behalf by the Government. (5) Where no deduction of fine has been imposed or no overtime has been worked during any wage period, a "nil" entry shall be made across the body of the register at the end of the wage period indicating also in precise terms the wage period to which the "nil" entry relates, in the respective registers maintained in Form XX, XXI and XXIII, respectively. ### 81. (1) (i) Notices showing the rates of wages, hours of works, wage periods, dates, of payment of wages, names and addresses of the Inspectors having jurisdiction, and date of payment of unpaid wages, shall be displayed in English, Punjabi and Hindi in conspicuous places at the establishment and the work-side by the principal employer of the contractor, as the case may be. (ii) The notices shall be correctly maintained in a clean and legible condition. (2) A copy of the notice shall be sent to the Inspector and whenever any changes occur the same shall be communicated to him forthwith. (3) [Every principal employer shall within fifteen days of the commencement or completion of each contract work under each contractor, submit a return to the Inspector, appointed under section 28 of the Act, intimating the actual dates of the commencement or, as the case may be, completion of such contract work, in Form VI 'B'] [Sub-section 3 inserted vide Punjab Government Gazette Legislative Supplement Part III, dated 15.11.1979.] ### 82. (1) Every contractor shall send half-yearly return in Form XXIV (in duplicate) so as to reach the licensing officer concerned not later than thirty days from the close of the half year. Note. - Half year for the purpose of this rule means "a period of 6 months commencing from 1st January and 1st July of every year." (2) Every principal employer of a registered establishment shall send annually a return in Form XXV (in duplicate) so as to reach the Registering Officer concerned not later than the 15th February following the end of the year to which it relates. ### 83. (1) The Board, Committee, Labour Commissioner, Punjab the licensing officer of the Inspector or any other authority under the Act or these rules shall have powers to call for any information or statistics in relation to contract labour from any contractor or principal employer at any time by an order in writing. (2) Any person called upon to furnish the information under sub-rule (i) shall be legally bound to do so. Form 1 [See Rule 17(1) ] Application for registration of establishments employing Contract Labour. ### 1. Name of the location of the establishment. ### 2. Postal address of the establishment. ### 3. Full name and address of the principal employer (father's name in the case of individuals). ### 4. Full name and address of the Manager or person responsible for the supervision and control of the establishment. ### 5. Nature of work carried on in the establishment. ### 6. Particulars of contractors and contract labour - (a) Names and addresses of contractors. (b) Nature of work in which contract labour is employed or is to be employed. (c) Maximum number of contract labour to be employed on any day through each contractor. (cc) Estimated date of commencement of each contract work under each contractor. (d) Estimated date of termination of employment of contract labour under each contractor. ### 7. Particulars of treasury receipt enclosed............ (Name of the Treasury, Amount and date) I hereby declare that the particulars given above are true to the best of my knowledge and belief. Principal employer Seal and Stamp. Office of the Registering Officer. Date of receipt of application. Form II [See Rule 18(i) ] Certificate of Registration No............... Date................ Government of Punjab Office of the Registering Officer A certificate of Registration containing the following particulars is hereby granted under sub-section (2) of Section 7 of the Contract Labour (Regulation and Abolition) Act, 1970 and the rules made thereunder, to ............ ### 1. Nature of work carried on in the establishment. ### 2. Names and addresses of contractors. ### 3. Nature of work in which contract labour is employed or is to be employed. ### 4. Maximum number of contract labour to be employed on any day through each contractor. ### 5. Other particulars relevant to the employment of contract labour. Signature of Registering Officer with Seal. Form III [See Rule 18(3) ] Register of Establishment \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Serial No. \| Registration No. and date \| Name and address of the establishment registered. \| Name of the Principal employer and his address. \| Type of business, trade, industry manufacture or occupation, which is carried on in the establishment. \| Total No. of workmen directly employed. \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| \| \| \| \| \| \| \| Particulars of Contractor and Contract Labour. \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Name and address of contractor. \| Nature of work in which contract labour is employed or is to be employed. \| Maximum number of contract labour to be employed on any day. \| Probable duration of employment of contract labour. \| Remarks \| \| 7 \| 8 \| 9 \| 10 \| 11 \| \| \| \| \| \| \| Form IV [See Rule 21(1) ] Application for Licence ### 1. Name and address of the contractor (including his father's name in case of individuals). ### 2. Date of birth and age (in case of individuals). ### 3. Particulars of establishment where contract labour is to be employed - (a) Name and address of the establishment. (b) Type of business, trade, industry, manufacture or occupation, which is carried on in the establishment. (c) Number and date of Certificate of Registration of the establishment under the Act. (d) Name and address of the principal employer. ### 4. Particulars of contract labour - (a) Nature of work in which contract labour is employed or is to be employed in the establishment. (b) Duration of the proposed contract work (give particulars of proposed date of commencing and ending). (c) Name and address of the agent or Manager of Contractor at the work site. (d) Maximum number of contract labour proposed to be employed in the establishment on any date. ### 5. Whether the contractor was convicted of any offence within the preceding five years. If so, give details. ### 6. Whether there was any order against the contractor revoking or suspending licence or forfeiting security deposits in respect of an earlier contract. If so, the date of such order. ### 7. Whether the contractor has worked in any other establishment within the last five years. If so, give details of the principal employer, establishments and nature of work. ### 8. Whether a certificate by the principal employer in Form V is enclosed. ### 9. Amount of licence fee paid ..... No. of Treasury Challan and date. ### 10. Particulars of security deposit, if any requested to be adjusted, including Treasury Receipt number and date. ### 11. The amount of security or balance, if any, after adjustment of amount to be refunded under Rule 31, if any, deposited with Treasury Receipt number and date. Declaration. - I hereby declare that the details given above are correct to the best of my knowledge and belief. Place:, Date:, Signature of the applicant (Contractor) Note :- The application should be accompanied by a Treasury receipt for the appropriate amount and a certificate in Form V from the principal employer. (To be filled in the office of the Licensing Officer) Date of receipt of the application with challan for fees/Security Deposit. Signature of the Licensing Officer. Form V [See Rule 21(2) ] Form of certificate by principal employer Certified that I have engaged the applicant \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (name of the contractor) as a contractor in my establishment. I undertake to be bound by all the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 and the Punjab Contract Labour (Regulation and Abolition) Rules, 1973, insofar as they are applicable to me in respect of the employment of contract labour by the applicant in my establishment. Place :, Date :, Signature of Principal Employer. Name and address of Establishment. Form V-A [See Rule 24(1-A)] Application for the adjustment of Security Deposit \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Name and Address of the contractor. \| No. and date of Licence. \| Date of expiry of previous licence. \| Whether the licence of the contractor was suspended or revoked. \| \| 1 \| 2 \| 3 \| 4 \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| \| No. and date of the receipt of security deposit in respect of the previous licence. \| Amount of previous security deposit. \| No. and date of treasury receipt of the balance of security deposit, if any, required on the fresh contract \| \| 5 \| 6 \| 7 \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| No. and date of certificate of registration of the establishment in relation to which new licence is applied for. \| Name and address of the principal employer. \| Particulars of fresh contract. \| Remarks. \| \| 8 \| 9 \| 10 \| 11 \| \| \| \| \| \| Place and date......, Signature of Applicant. --------- Form VI [See Rule 25(1) ] Punjab Government Office of Licensing Officer Licence No........... Date.............. Fee Paid Rs............ Licence Licence is hereby granted to......under Section 12(1) of the Contract Labour (Regulation and Abolition) Act, 1970, subject to the conditions specified in annexure. ### 2. This licence is for doing the work of (nature of work to be indicated) in the establishment of (Name of principal employer to be indicated) at.....(place of work to be indicated). ### 3. The licence shall remain in force till.....(date to be indicated). Place:, Signature and seal of the Licensing Date:, Officer. Renewal (Rule 29) \| \| \| \| \| --- \| --- \| --- \| \| Date of Renewal. \| Fee paid for renewal. \| Date of expiry \| \| 1., \| \| \| \| 2., \| \| \| \| 3., \| \| \| Signature and Seal of the Licensing Officer., Date: --------- Form VI-A [See Rule 25(2) (viii)] Notice of commencement/completion of contract work. I/We Shri M/s \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Name and address of the Contractor) hereby intimate that the contract work \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Name of work) in the establishment \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(Name and address of principal employer) for which licence No.-------dated-------has been issued to me/us by the licensing officer (Name of the headquarter), has been commenced/completed with effect from (date) /on (date). Signature of the Contractor(s) . To The Inspector, Form VI-B [See Rule 81(3) ] Notice of commencement/completion of contract work. ### 1. Name of the principal employer and address. ### 2. No. and date of certificate of registration. ### 3. I/We hereby intimate that the contract work \_\_\_\_\_\_\_\_\_\_\_\_\_ (name of work) given to \_\_\_\_\_\_\_\_\_\_\_\_ (name and address of the contractor) having licence No........dated......has been commenced/completed with effect from (date) /on (date). Signature of the Principal Employer. To The Inspector, -------------- Annexure The licence is subject to the following conditions, namely :- ### 1. The licence shall be non-transferable. ### 2. The number of workmen employed as contract labour in the establishment shall not, on any day, exceed....... ### 3. Except as provided in the rules the fees paid for the grant or, as the case may be, for renewal of the licence shall be non-refundable. ### 4. The rates of wages payable to the workmen by the contractor shall not be less than the rates prescribed for the Schedule of employment under the Minimum Wages Act, 1948, where applicable, and where the rates have been fixed by agreement, settlement or award, not less than the rates fixed. ### 5. In cases where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work : Provided that in the case of any disagreement with regard to the type of work the same shall be decided by the Labour Commissioner, Punjab, whose decision shall be final. ### 6. In other cases the wages rates, holidays, hours of work and conditions of service of the workmen of the contractor shall be such as may be specified in this behalf by the Labour Commissioner, Punjab. ### 7. In every establishment where 20 or more women are ordinarily employed as contract labour there shall be provided 2 rooms of reasonable dimensions for the use of their children under the age of six years. One of such rooms would be used as a playroom and the other as bed-room for the children. For this purpose the contractor shall supply adequate number of toys and games in the play-room and sufficient number of cots and beddings in the bed-room. The standard of construction and maintenance of the creches may be such as may be specified in this behalf by the Labour Commissioner, Punjab. ### 8. The licensee shall notify any change in the number of workmen or the conditions of the work to the Licensing Officer. ### 9. A copy of the licence shall be displayed prominently at the premises where the contract work is being carried on. -------- Form VII [See Rule 29(2) ] Application for renewal of Licences ### 1. Name and address of the contractor. ### 2. Number and date of the licence. ### 3. Date of expiry of the previous licence. ### 4. Whether the licence of the contractor was suspended or revoked. ### 5. No. and date of the treasury receipt enclosed. Place :, Date : Signature of the Applicant. --------------- (To be filled in office of the Licensing Officer) Date of receipt of the application with Treasury Receipt No. and date. Signature of Licensing Officer. -------- Form VIII [See Rule 32(2) ] Application for temporary registration of establishments employing contract labour ### 1. Name and location of the establishment. ### 2. Postal address of the establishment. ### 3. Full name and address of the principal employer. (furnish father's name in the case of individuals). ### 4. Full name and address of the Manager or person responsible for the supervision and control of the establishment. ### 5. Nature of work carried on in the establishment. ### 6. Particulars of contract labour - (i) Nature of work in which contract labour is to be employed and reasons for urgency. (ii) Maximum number of contract labour to be employed on any day. (iii) Estimated date of termination of employment of contract labour. ### 7. Particulars of treasury receipt enclosed....... I hereby declare that the particulars given above are true to the best of my knowledge and belief. Principal Employer Seal and Stamp. ------- Form IX [See Rule 32(3) ] Temporary Certificate of Registration Date of expiry. No........, Date......... Government of Punjab Office of the Registering Officer A temporary Certificate of Registration containing the following particulars is hereby granted under sub-section (2) of Section 7 of the Contract Labour (Regulation and Abolition) Act, 1970, and the rules made thereunder, to............valid from.........to.......... ### 1. Nature of work carried on in the establishment. ### 2. Nature of work in which contract labour is to be employed. ### 3. Maximum number of contract labour to be employed on any day. ### 4. Other particulars relevant to the employment of contract labour. Signature of Registering Officer with Seal. ------- Form X [See Rule 32(2) ] Application for Temporary Licence ### 1. Name and address of the contractor (including his father's name in case of individuals). ### 2. Date of birth and age (in case of individuals). ### 3. Particulars of establishments where contract labour is to be employed :- (a) Name and address of the establishment; (b) Type of business, trade, industry, manufacture or occupation, which is carried on in the establishment; (c) Name and address of the principal employer; ### 4. Particulars of contract labour :- (a) Nature of work in which contract labour is to be employed in the establishment; (b) Duration of the proposed contract work (give particulars of proposed date of commencing and ending); (c) Name and address of the agent or Manager of contractor at the work-site; (d) Maximum number of contract labour proposed to be employed in the establishment on any day. ### 5. Whether the contractor was convicted of any offence within the preceding five years ? If so, give details. ### 6. Whether there was any order against the contractor revoking or suspending licence or forfeiting security deposits in respect of an earlier contract ? If so, the date of such order. ### 7. Whether the contractor has worked in any other establishment within the past five years ? If so, give details of the principal employers, establishments and nature of work. ### 8. Amount of licence fee paid\_\_\_\_\_\_\_\_\_\_ No. of Treasury Challan and date. ### 9. Amount of security deposit\_\_\_\_\_\_\_\_\_\_\_\_ Treasury Receipt No. and date. I hereby declare that the particulars given above are true to the best of my knowledge and belief. Place :, Date :, Signature of the Applicant (Contractor) . -------- Form XI [See Rule 32(3) ] Government of Punjab Office of Licensing Officer. Licence No........... Date............ Fee paid Rs......... Signature of the Licensing Officer. Temporary Licence........., Expires on......... Licence is hereby granted to .............. under sub-section (2) of Section 12 of the Contract Labour (Regulation and Abolition) Act, 1970, subject to the conditions specified in the annexure. The licence shall remain in force till............... Signature and Seal of the Licensing Officer. Date. Annexure The licence is subject to the following conditions, namely :- (1) The licence shall be non-transferable. (2) The number of workmen employed as contract labour in the establishment shall not, on any day, exceed........... (3) Except as provided in the rules the fees paid for the grant of the licence shall be non-refundable. (4) The rates of wages payable to the workmen by the contractor shall not be less than the rates prescribed for the Schedule of employment under the Minimum Wages Act, 1948, where applicable and where the rates have been fixed by agreement, settlement or award, not less than the rates fixed. (5) In cases where the workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work : Provided that in the case of any disagreement with regard to the type of work the same shall be decided by the Labour Commissioner, Punjab, whose decision shall be final. (6) In other cases the wage rates, holidays, hours of work and conditions of service of the workmen of the contractor shall be such as may be specified in this behalf by the Labour Commissioner, Punjab. (7) A copy of the licence shall be displayed permanently at the premises where the contract work is being carried on. -------- Form XII [See Rule 74] Register of Contractors (1) Name and address of the principal employer............ (2) Name, address of the establishment.............. \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| \| Serial No. \| Name and Address of contractor. \| Nature of work on contract. \| Location of contract work. employed by contractor \| Period of contract \| Maximum number of workmen \| \| \| \| \| \| From \| To \| \| \| \| \| \| \| \| \| \| Form XIII [See Rule 75) Register of Workmen employed by Contractor. Name and address of the contractor................. Name and address of establishment in/under which contract is carried on........... Nature and location of work............................ Name and address of principal employer......................... \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Serial No. \| Name and surname of workman. \| Age and sex. \| Father's Husband's name. \| Nature of Employment/Designation. \| Permanent Home Address of workman (Village and Tehsil and District. \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Local Address. \| Date of commencement of employment. \| Signature or thumb impression of workman. \| Date of termination of employment. \| Reasons for termination of employment \| Remarks. \| \| 7 \| 8 \| 9 \| 10 \| 11 \| 12 \| \| \| \| \| \| \| \| Form XIV [See Rule 76] Employment Card Name and address of contractor.............. Name and address of establishment in/under which contract is carried on............. Nature of work and location of work................ Name and address of principal employer............... ### 1. Name of the workmen. ### 2. Serial No. in the register of workmen employed. ### 3. Nature of employment/Designation. ### 4. Wage rate (with particulars of unit in case of piece-work). ### 5. Wage period. ### 6. Tenure of employment. ### 7. Remarks. Signature of contractor. -------- Form XV [See Rule 77] Service Certificate Name and address of contractor......... Name and address of establishment in/under which contract is carried on......... Nature and location of work........ Nature and address of the workman.......... Name and address of principal employer.............. Age or date of birth. Identification Marks. Father's/Husband's name. \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Serial No. \| Total period for which employed. \| Nature of work done. \| Rate of wage (with particulars of unit in case of piece-work). \| Remarks \| \| \| From \| To, \| \| \| \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| \| \| \| \| \| \| \| Signature. Form XVI [See Rule 78(1) (a)(i)] Muster Roll Name and address of contractor............ Name and address of establishment in/under which contract is carried on............. Nature of location of work........... Name and address of principal employer............... for the month of.......... \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Serial No. \| Name of workman. \| Father's/Husband's name. \| Sex \| Dates \| Remarks. \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| Form XVII [See Rule 78(2) (a)(i)] Register of Wages Name and address of contractor............ Name and address of establishment in/under which contract is carried on............. Nature and location of work............. Name and address of principal employer............. Wage Period : Monthly......... \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sr. No. \| Name of workman. \| Serial number in the register of workmen. \| Designation/nature of work done. \| Number of days worked. \| Units of work done. \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6, \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Daily rate of wages piece rate \| Amount of Wages earned \| Other cash payments (Nature of payments to be indicated) \| Total \| \| \| Basic wages. \| Dearness Allowance. \| Overtime \| \| \| \| 7 \| 8 \| 9 \| 10 \| 11 \| 12, \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Deductions if any (indicate nature) \| Net amount paid. \| Signature/thumb impression of workman. \| Initial of contractor or his representative. \| \| 13 \| 14 \| 15 \| 16, \| \| \| \| \| \| Form XVIII [See Rule 78(1) (a)(i)] Form or Register of Wages-cum-Muster Roll. Name and address of contractor.........., Name and address of establishment in/under which contract is carried on.......... Name and address of principal employer.......... Wage period : Weekly/Fortnightly Nature and location of work........., From..........to.......... \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sr. No. \| Serial No. in register of workmen. \| Name of employee. work. \| Designation/nature of work..........112-15 \| Daily Attendance units done. \| Total attendances/units of work done. \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Daily rate of wages piece rate. \| Amount of Wages Earned \| Other cash payments (nature of payments to be indicated) \| Total \| \| \| Basic Wages \| Dearness \| Overtime, \| \| \| \| 7 \| 8 \| 9 \| 10 \| 11 \| 12 \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Deductions if any (indicate nature) \| Net amount paid. \| Signature/thumb impression of workman. \| Initials of contractor or his representative. \| \| 13 \| 14 \| 15 \| 16 \| \| \| \| \| \| Form XIX [See Rule 78(1) (b)] Wage Slip Name and address of contractor............. Name and father's name of the workman......... Nature and location of work........ For the Week/Fortnight/Month ending.......... ### 1. Number of days worked. ### 2. Number of units worked in case of piece rate workers. ### 3. Rate of daily wages/piece rate. ### 4. Amount of overtime wages. ### 5. Gross wages payable. ### 6. Deductions if any. ### 7. Net amount of wages paid. Initials of the contractor or his representative. Form XX [See Rule 78(i) (a)(ii)] Register of Deductions for damage or loss. Name and address of contractor....... Name and address of establishment in/under which contract is carried on............ Nature and location of work...... Name and address of principal employer......... \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sl. No. \| Name of workman. \| Father's Husband's name. \| Designation/nature of employment. \| Particulars of damage or loss. \| Date of damage or loss. \| Whether workman showed cause against deduction. \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Name of person in whose presence employee's explanation was heard. \| Amount of deduction imposed. \| Number of instalments. \| Date of recovery Remarks \| \| \| \| \| \| First \| Last instalment, \| \| \| \| 8 \| 9 \| 10 \| 11 \| 12 \| 13 \| \| \| \| \| \| \| \| Form XXI [See Rule 78(1) (a)(ii)] Register of Fines Name and address of contractor......... Name and address of establishment in/under which contract is carried on............. Nature and location of work........... Name and address of principal employer............. \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Serial No. \| Name of workman. \| Father's/Husband's name. \| Designation and nature of employment. \| Act/Omission for which fine imposed. \| Date of offence. \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6, \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Whether workman showed cause against fine. \| Name of person in whose presence employee's explanation was heard. \| Wage periods and wages payable. \| Amount of fine imposed. \| Date on which fine realised. \| Remarks \| \| 7 \| 8 \| 9 \| 10 \| 11 \| 12, \| \| \| \| \| \| \| \| Form XXII [See Rule 78(1) (a)(ii)] Register of Advances Name and address of contractor........... Name and address of establishment in/under which contract is carried on......... Nature and location of work............ Name and address of principal employer........... \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sr. No. \| Name \| Father's/Husband's name. \| Nature of employment/designation. \| Wage period and wages payable. \| Date and amount of advance given. \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6, \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Purpose(s) for which advance made. \| No. of instalments by which advance to be repaid. \| Date and amount of each instalment repaid. \| Date on which last instalment was repaid. \| Remarks \| \| 7 \| 8 \| 9 \| 10 \| 11, \| \| \| \| \| \| \| Form XXIII [See Rule 78(1) (a)(iii)] Register of Overtime Name and address of contractor........... Name and address of establishment in/under which contract is carried on................ Nature and location of work............ Name and address of principal employer.............. \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sr. No. \| Name of workman. \| Father's/Husband's name. \| Sex \| Designation/Nature of employment. \| Date on which overtime worked. \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6, \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Total overtime worked or production in case of piece-rated. \| Normal rate of wages. \| Overtime rate of wages. \| Overtime earnings. \| Date on which overtime wages paid. \| Remarks. \| \| 7 \| 8 \| 9 \| 10 \| 11 \| 12, \| \| \| \| \| \| \| \| Form XXIV [See Rule 82(1) ] Return to be sent by the Contractor to the Licensing Officer. Half/Year ending............... ### 1. Name and address of the contractor. ### 2. Name and address of the establishment. ### 3. Name and address of the principal employer. ### 4. Duration of contract : From........to........ ### 5. Number of days during the half year on which - (a) the establishment of the principal employer had worked. (b) the contractor's establishment had worked. ### 6. Maximum number of contract labour employed on any day during the half year :- \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Men \| Women \| Children \| Total \| \| \| \| \| \| ### 7. (i) Daily hours of work and spread over. (ii) (a) Whether weekly holidays observed and on what day. (b) If so, whether it was paid for. (iii) Number of man hours of overtime worked. ### 8. Number of man days worked by - \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Men \| Women \| Children \| Total \| \| \| \| \| \| ### 9. Amount of wages paid - \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Men \| Women \| Children \| Total. \| \| \| \| \| \| ### 10. Amount of deductions from wages, if any :- \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Men \| Women \| Children \| Total. \| \| \| \| \| \| ### 11. Whether the following have been provided :- (i) Canteen. (ii) Rest Rooms. (iii) Drinking water. (iv) Creches. (v) . First-aid. (If the answer is 'yes' state briefly standards provided). Place : Date : Signature of contractor. ------ Form XXV [See Rule 82(2) ] Annual return of Principal employer to be sent to the Registering Officer. Year ending on 31st December ### 1. Full name and address of the principal employer. ### 2. Name of establishment - (a) District. (b) Postal address. (c) Nature of operations/industry/work carried on. ### 3. Full name of the Manager or person responsible for supervision and control of the establishment. ### 4. No. of contractors who worked in the establishment during the year (give details in Annexure). ### 5. Nature of work/operations on which contract labour was employed. ### 6. Total number of days during the year on which contract labour was employed. ### 7. Total number of man days worked by contract labour during the year. ### 8. Maximum number of workmen employed directly on any day during the year. ### 9. Total number of days during the year on which direct labour was employed. ### 10. Total number of man days worked by directly employed workmen. ### 11. Changes, if any, in the management of the establishment, its location or any other particulars furnished to the Registering Officer in the application for registration indicating also the dates. Place : Date : Principal Employer. Annexure To Form \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Name and address of the contractor. \| Period of contract \| Nature of work. \| Maximum number of workers employed by each contractor. \| Number of days worked. \| \| From \| To \| \| \| \| \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6, \| \| \| \| \| \| \| \|
65ba7b98ab84c7eca86eb981	acts	Union of India - Act ---------------------- The Salary, Allowances And Pension Of Members Of Parliament (Amendment) Act, 2001 ----------------------------------------------------------------------------------- UNION OF INDIA India The Salary, Allowances And Pension Of Members Of Parliament (Amendment) Act, 2001 =================================================================================== Act 46 of 2001 ---------------- * Published on 1 January 2001 * Commenced on 1 January 2001 An Act further to amend the Salary, Allowances and Pension of Members of Parliament Act, 1954. BE it enacted by Parliament in the Fifty- second Year of the Republic of India as follows:- ### 1. Short title.- This Act may be called the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 2001 . ### 2. Amendment of section 3.- In section 3 of the Salary, Allowances and Pension of Members of Parliament Act, 1954 ( 30 of 1954 ) (hereinafter referred to as the principal Act), after the proviso, the following provisos shall be inserted, namely:- Provided further that in the case of salary, the provisions of this section shall have effect as if for the words" four thousand rupees", the words" twelve thousand rupees" had been substituted for a period of five years beginning from the date of commen ement of the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 2001 : Provided also that in the case of the allowance, the provisions of this section shall have effect as if for the words" four hundred rupees", the words" five hundred rupees" had been substituted for a period of five years beginning from the date of commen ement of the Salary, Allowances and Pension of Members of Parliament (Amendment) Act, 2001 .'. ### 3. Amendment of section 4.- In section 4 of the Principal Act, in sub- section 1, in clause (c) , in sub- clause (ii), for the words" six rupees per kilometre", the words" eight rupees per kilometre" shall be substituted. ### 4. Amendment of section 8A.- In section 8A of the principal Act, in sub- section 1,-(a) for the words" two thousand and five hundred rupees", the words" three thousand rupees" shall be substituted; (b) in the first proviso, for the words" five hundred rupees", the words" six hundred rupees" shall be substituted. SUBHASH C. JAIN, Secy. to the Govt. of India.
65ba58c0ab84c7eca86eb05e	acts	State of Tamilnadu- Act ------------------------- Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation Fee) Rules, 1997 ----------------------------------------------------------------------------------------------- TAMILNADU India Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation Fee) Rules, 1997 =============================================================================================== Rule TAMIL-NADU-EDUCATIONAL-INSTITUTIONS-PROHIBITION-OF-COLLECTION-OF-CAPITATION-FEE-RULES-1997 of 1997 --------------------------------------------------------------------------------------------------------- * Published on 6 June 1997 * Commenced on 6 June 1997 Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation Fee) Rules, 1997 Published vide Notification No. G.O. Ms. No. 304, Higher Education, dated 6th June 1997 - No. SRO. A-58 (c) /1997 In exercise of the powers conferred by sub-section (1) of section 14 of the Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation Fee) Act, 1992 (Tamil Nadu Act 57 of1992), the Governor of Tamil Nadu hereby makes the following Rules, namely:- ### 1. Short title and commencement. (1) These rules may be called the Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation Fee) Rules, 1997. (2) It shall come into force at once. ### 2. Definitions. - In these rules, unless the context otherwise requires,- (a) "Act" means the Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation Fee) Act, 1992; (b) "Authorised Officer" means an Officer authorised by the Government under sub-section (1) of section 9 of the Act; (c) "Director" means the Director of Technical Education, Director of Medical Education, Director of Collegiate Education and Director of School Education, as the case may be; (d) "Form" means the form in Annexure I of these rules. ### 3. Maintenance of Registers, Accounts and Records. (1) Every educational institution shall maintain Registers, Accounts and Records as specified in Annexure I to these rules and keep the said Registers, Accounts and Records up-to-date and maintain correct accounts regarding the financial transactions carried on during the academic year showing the various fees collected, grants received, financial assistance from University Grants Commission or University, if any, received, the expenditure incurred towards salary of the staff, maintenance, etc., separately together with all supporting vouchers, etc. (2) Every educational institution shall keep separate accounts for different kinds of transactions, namely, fees collected, grants received, financial assistance received, payments of staff salary, purchase of machinery and equipments, laboratory articles, library books, stationery and other maintenance expenditure incurred. (3) Every educational institution shall keep the registers, accounts and records within the premises of the educational institution. They shall be made available at all reasonable times for the purposes of enquiry or inspection by the authorised officer. He shall be assisted by a team of officials accompanying him during such enquiry or inspection. (4) Accounts maintained by the educational institution together with all vouchers relating to various items of receipts and expenditure shall be preserved by the educational institution upto and until the audit of accounts is over and the objections raised in the audit reports are settled. (5) The authorised officer shall, at all reasonable times, have free access to the books, registers, accounts, records, documents, securities, cash and other property belonging to or in the custody of the educational institutions and may summon any person in possession of, or responsible for the custody of any such books, registers, accounts, records, documents, securities, cash or other property to produce the same at the educational institution office or at the place as specified by the authorised officer. (6) The authorised officer who had made search and inspection of any educational institution under sub-section (1) of section 9 shall send a report with relevant records, to the Director for necessary action. ### 4. Submission of returns. (1) Every educational institution shall submit to the Regional Joint Director/Deputy Director of the Directorate of Technical Education, Medical Education, Collegiate Education/Chief Educational Officer of School Education, as the case may be, an annual financial return in Form 4 for the period ending with 31st day of March of that year or other subsidiary returns, from time to time, not later than the 1st day of July of every year or within such further time as may be permitted by the Regional Joint Director/Deputy Director of the Directorate of Technical Education, Medical Education, Collegiate Education or Chief Educational Officer of School Education, as the case may be. The return shall bear the signature of the Secretary or Correspondent of the educational institution and the Principal. (2) In addition to the returns referred to in sub-rule (1), every educational institution shall, within such time, or within such extended time, as may be fixed by the Regional Joint Director/Deputy Director of the Directorate of Technical Education, Medical Education, Collegiate Education or Chief Educational Officer of the School Education, as the case may be, and furnish to the Regional Joint Director and Chief Educational Officer concerned such returns, statistics or other information that may be required, from time to time, by the Regional Joint Director, Deputy Director and Chief Educational Officer concerned. (3) The Regional Joint Director, Deputy Director of the Directorate of Technical Education, Medical Education, Collegiate Education and Chief Educational Officer of the School Education, as the case may be, shall for the purpose of this rule, require any educational institution to produce before him the books, registers, records and other documents and furnish any other information relating thereto. (4) The educational institutions shall maintain the various registers and records specified in Annexure I of these rules and keep the entries up-to-date. Annexure I Form A Form of Return [Vide rule 4(1) of the Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation Fee) Rules, 1997] I.1. Name of the Educational Institution ### 2. Name of the college ### 3. Financial year ### 4. Courses offered ### 5. Total number of students admitted every year for each course ### 6. Amount of Tuition fee payable (as per G.O. Ms.No. 432 Education, Science and Technology, dated the 2nd June 1994 for each course, each year) ### 7. Total amount collectable for each course, each year ### 8. Total amount actually collected for each course, each year ### 9. Difference, if any 10. Remarks II. Details of fees, deposits, any other collection made other than tuition fees under whatever name it may be called ### 1. Courses: I year, II year, III year ### 2. Special fees ### 3. Caution deposits for each course for each year ### 4. Various types of deposits collected for each course, for each year ### 5. Any other fee or deposit, if any, collected Certificate Certified that no other fees or deposits, other than those specified above, were collected either directly or indirectly from students and receipts issued. Date:Designation: Signature: Annexure II List of Registers and Records to be Maintained by an Educational Institution [Vide rule 3(1) of the Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation Fee) Rules, 1997] ### 1. Fee receipts. ### 2. Miscellaneous receipts. ### 3. Daily fee collection register. ### 4. Register of miscellaneous collection. ### 5. Admission and withdrawal register. ### 6. Term fee register. ### 7. Fee collection register. ### 8. Application for fee compensation together with the income certificate obtained from the competent authority. ### 9. Register of scholarshipholders. ### 10. Leave register for scholarshipholders. ### 11. Register showing the accounts of endowments of the college and the income derived therefrom. ### 12. Acquittances relating to the various items of scholarships. ### 13. Departmental cash book. ### 14. Daily cash book (Special fees). ### 15. Daily cash book (General) . ### 16. Ledger (Special fees). ### 17. Ledger (General) . ### 18. Vouchers (General) (Invoices and stamped receipts to be kept together). ### 19. Vouchers (Special fees) (Invoices and stamped receipts to be kept together). ### 20. Scale register. ### 21. Provident Fund collection and remittance. ### 22. Bank Pass Books (General and special). ### 23. Acquittance for the refund of tuition fees. ### 24. Caution deposit register. ### 25. Postage account and private stamp account. ### 26. Stock registers (General funds). ### 27. Stock registers for laboratory articles, furniture, library books, games articles, audio visual aids, etc.
65ba7c8cab84c7eca86eb9e0	acts	Union of India - Act ---------------------- The Insurance (Amendment) Act, 2002 ------------------------------------- UNION OF INDIA India The Insurance (Amendment) Act, 2002 ===================================== Act 42 of 2002 ---------------- * Published on 1 January 2002 * Commenced on 1 January 2002 An Act further to amend the Insurance Act, 1938. BE it enacted by Parliament in the Fifty- third Year of the Republic of India as follows:- ### 1. Short title and commencement.- (1) This Act may be called the Insurance (Amendment) Act, 2002 . (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. Amendment of section 2.- In section 2 of the Insurance Act, 1938 ( 4 of 1938 ) (hereinafter referred to as the principal Act),- (a) in clause (1), for the words" qualifications as may be prescribed", the words" qualifications as may be specified by the regulations made by the Authority" shall be substituted; (b) in clause (3), sub- clause (v) shall be omitted; (c) after clause (8), the following clause shall be inserted, namely:- (8A) " insurance co- operative society" means any insurer being a co- operative society,- (a) which is registered on or after the commencement of the Insurance (Amendment) Act, 2002 , as a co- operative society under the Co- operative Societies Act, 1912 ( 2 of 1912 ) or under any other law societies or under the Multi- State Co- operative Societies Act, 1984 (51 pf 1984 ); for the time being in force in any State relating to co- o erative (b) having a minimum paid- up capital (excluding the deposits required to be made under section 7) of rupees one hundred crores; (c) in which no body corporate, whether incorporated or not, formed or registered outside India, either by itself or through its subsidiaries or nominees, at any time, holds more than twenty- six per cent. of the capital of such co- operative society; (d) whose sole purpose is to carry on life insurance business or general insurance business in India;'; (d) after clause (10A), the following clause shall be inserted, namely:- (10B) " intermediary or insurance intermediary" shall have the meaning assigned to it in clause (f) of sub- section (1) of section 2 of the Insurance Regulatory and Development Authority Act, 1999 ( 41 of 1999 ). ### 3. Amendment of section 2C.- In section 2C of the principal Act, after sub- section (2) , the following sub- section shall be inserted at the end, namely:- (3) Notwithstanding anything contained in sub- section (1), an insurance co- operative society may carry on any class of insurance business in India under this Act on or after the commencement of the Insurance (Amendment) Act, 2002. ### 4. Amendment of section 15.- In section 15 of the principal Act, in sub- section 1, for the portion beginning with the words" to the Authority in the case of the accounts and statements" and ending with the words" from the end of the period to which they refer", the words" to the Authority within six months from the end of the period to which they refer" shall be substituted. ### 5. Amendment of section 28A.- In section 28A of the principal Act, for the words" in the prescribed form" at both the places where they occur, the words", in the form specified by the regulations made by the Authority," shall be substituted. ### 6. Amendment of section 28B.- In section 28B of the principal Act, for the words" in the prescribed form" at both the places where they occur, the words", in the form specified by the regulations made by the Authority," shall be substituted. ### 7. Amendment of section 31B.- In section 31B of the principal Act, in sub- section (2) , for the words" the sum of five thousand rupees in that year", the words" such sum as may be specified by the regulations made by the Authority" shall be substituted. ### 8. Amendment of section 40.- In section 40 of the principal Act,- (a) in sub- section (1), for the words" except an insurance agent or a principal, chief or special agent", the words" except an insurance agent or an intermediary or insurance intermediary" shall be substituted; (b) in sub- section (2A), for the words" no insurance agent", the words" no insurance agent or intermediary or insurance intermediary" shall be substituted. ### 9. Amendment of section 42.- In section 42 of the principal Act,- (a) in sub- section (3), for the brackets and letter" (e)", the brackets and letters" (e), (ea)" shall be substituted; (b) in sub- section (4),-(i) in clause (e), for the words" that he does not possess", the words" that in the case of an individual, he does not possess" shall be substituted; (ii) after clause (e), the following clause shall be inserted, namely:- (ea) that in the case of a company or firm making an application under sub- section (1) or sub- section (3), a director or a partner or one or more of its officers or other employees so designated by it and in the case of any other person, the chief execu ive, by whatever name called, or one or more of his employees designated by him, do not possess the requisite qualifications and practical training and have not passed such an examination as required under clauses (e) and (f); ### 10. Amendment of section 42A.- In section 42A of the principal Act, after sub- section (8) , the following sub- section shall be inserted at the end, namely:- (9) No insurer shall, on or after the commencement of the Insurance (Amendment) Act, 2002 , appoint or transact any insurance business in India through any principal agent, chief agent or special agent.". ### 11. Insertion of new section 42E.- After section 42D of the principal Act, the following section shall be inserted, namely:- ### 42E. Commission, brokerage or fee payable to intermediary or insurance intermediary.- (1) No intermediary or insurance intermediary shall be paid or contract to be paid by way of commission, fee or as remuneration in any form, an amount exceeding thirty er cent. of the premium payable as may be specified by the regulations made by the Authority, in respect of any policy or policies effected through him: Provided that the Authority may specify different amounts payable by way of commission, fee or as remuneration to an intermediary or insurance intermediary or different classes of business of insurance. (2) Without prejudice to the provisions contained in this Act, the Authority may, by the regulations made in this behalf, specify the requirements of capital, form of business and other conditions to act as an intermediary or insurance intermediary.". ### 12. Amendment of section 49.- In section 49 of the principal Act,- (a) in sub- section (1),- (i) for the words and figure" balancesheet in Form I as set forth in the Fourth Schedule", the words" balance- sheet in such form as may be specified by the regulations made by the Authority" shall be substituted; (ii) for the second proviso, the following proviso shall be substituted, namely:- Provided further that the share of any such surplus allocated to or reserved for the shareholders (including any amount for the payment of dividends guaranteed to them, whether by way of first charge or otherwise) shall not exceed such sums as may be sp cified by the Authority and such share shall in no case exceed ten per cent. of such surplus in case of participating policies and in other cases the whole thereof. (b) in sub- section (2), for the words, figures and brackets" paragraph 8 (1) of the abstract prepared in accordance with Part II of the Fourth Schedule to this Act", the words, brackets and figures" an abstract of the report of the actuary referred to in sub- section (1) of section 13" shall be substituted. ### 13. Amendment of section 64VB.- In section 64VB of the principal Act, after sub- section (5) , the following sub- section shall be inserted at the end, namely:- (6) The Authority may, from time to time, specify, by the regulations made by it, the manner of receipt of premium by the insurer.". ### 14. Insertion of new Part IIIA.- After Part III of the principal Act, the following Part shall be inserted, namely:-" PART IIIA INSURANCE CO- OPERATIVE SOCIETIES ### 94A. Insurance co- operative society to be an insurer.- (1) Every insurance co- operative society shall be deemed to be an insurer for the purposes of this Act. (2) Save as otherwise provided in this Act, all the provisions applicable to an insurer being an Indian insurance company shall, so far as may be, apply to an insurance co- operative society: Provided that the Authority may, by notification, direct that any of the provisions of this Act,-(a) shall not apply to any insurance co- operative society; or (b) shall apply to any insurance co- operative society only with such exceptions, modifications and adaptations as may be specified in the notification. (3) A copy of every notification proposed to be issued under proviso to sub- section (2), shall be laid in draft 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 ore successive sessions, and if, before the expiry of the 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 t e notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both the Houses.". ### 15. Amendment of section 101A.- In section 101A of the principal Act, in sub- section (8) , for clause (ii), the following clause shall be substituted, namely:- (ii) " Indian re- insurer" means an Indian insurance company which has been granted a certificate of registration under sub- section (2A) of section 3 by the Authority to carry on exclusively the re- insurance business in India. ### 16. Amendment of section 114.- In section 114 of the principal Act, in sub- section (2) , clause (a) shall be omitted. ### 17. Amendment of section 114A.- In section 114A of the principal Act, in sub- section (2) ,- (i) for clause (a), the following clauses shall be substituted, namely:- (a) the qualifications to be possessed by actuaries;(aa) the matters including fee relating to the registration of insurers under section 3; (ii) in clause (g), for the words" fourth proviso", the words" fifth proviso" shall be substituted; (iii) after clause (i), the following clauses shall be inserted, namely:- (ia) the form in which a return showing the investments made out of the controlled fund shall be submitted by an insurer carrying on life insurance business under sub- section (1) of section 28A; (ib) the form in which a return showing all the changes that occurred in the investments shall be submitted by an insurer carrying on life insurance business under sub- section (2) of section 28A; (ic) the form in which a return showing the investment made out of assets shall be submitted by an insurer carrying on general insurance business under sub- section (1) of section 28B; (id) the form in which a return showing all the changes that occurred in the investments shall be submitted by an insurer carrying on general insurance business under sub- section (2) of section 28B; (ie) the form of the statement and the sum to be specified under sub- section (2) of section 31B;"; (iv) after clause (v), the following clauses shall be inserted, namely:- (va) the amount of commission, fee or as remuneration in any form not exceeding thirty per cent. to be paid or contract to be paid under sub- section (1) of section 42E; (vb) the requirements of capital, form of business and other conditions to act as an intermediary or insurance intermediary under sub- section (2) of section 42E; (vc) the form of balance- sheet as may be specified by the Authority under sub- section (1) of section 49;"; (v) after clause (za), the following clause shall be inserted, namely:- (zb) the manner of receipt of premium to be specified under sub- section (6) of section 64VB. ### 18. Omission of Schedules.- The First Schedule, the Second Schedule, the Third Schedule and the Fourth Schedule to the principal Act shall be omitted.
65b9301dab84c7eca86e88b2	acts	State of Odisha - Act ----------------------- The National Law University Orissa Act, 2008 ---------------------------------------------- ODISHA India The National Law University Orissa Act, 2008 ============================================== Act 4 of 2008 --------------- * Published on 4 December 2008 * Commenced on 4 December 2008 The National Law University Orissa Act, 2008 Orissa Act 4 of 2008 Published vide Orissa Gazette Extraordinary No. 2215 dated 4.12.2008. Law Department No. 14778/I-Legislative-34/06. - The following Act of the Orissa Legislative Assembly having been assented to by the Governor on the 23rd November, 2008 is hereby published for general information. An Act to provide for the establishment and incorporation of a National Law University at Cuttack in the State of Orissa for the purposes of advancement of course of learning, teaching and research and diffusion of knowledge in the field of law as also to cater to the need of the society by developing professional skills of persons intending to take up advocacy, judicial service, legal service or service for legislative drafting as their profession and matters connected therewith or incidental thereto. Be it enacted by the Legislature of the State of Orissa in the fifty-ninth Year of the Republic of India as follows : Chapter-I Preliminary ### 1. Short title, extent and commencement. (1) This Act may be called the National Law University Orissa Act, 2008. (2) It extends to the whole of the State of Orissa. (3) It shall come into force on such date as the State Government may, by notification, appoint. ### 2. Definition. - In this Act, unless the context otherwise requires,- (a) "Academic Council" means the Academic Council of the University; (b) "Bar Council of India" means the Bar Council of India constituted under the Advocates Act, 1961; (c) "Chancellor" means the Chancellor of the University; (d) "Executive Council" means the Executive Council of the University; (e) "General Council" means the General Council of the University; (f) "Ordinance" means Ordinance of the University made by the Executive Council; (g) "Registrar" means the Registrar of the University; (h) "Regulations" means the regulations of the University made by the authorities of the University under the provisions of this Act; (i) "Rules" means rules of the University made and enforced by the authority of the University as per the provisions of this Act or regulation; (j) "Schedule" means the Schedule appended to this Act containing Statutes; (k) "University" means the National Law University Orissa established under Section 3: (l) "Vice-Chancellor" means the Vice-Chancellor of the University; and (m) "Visitor" means the Visitor of the University. Chapter-II Establishment of the University, its Objectives and Functions ### 3. Establishment of the University. (1) With effect from such date as the State Government may, by notification, appoint, there shall be established in the State of Orissa a University by the name of "National Law University, Orissa", which shall consist of the Chancellor, Vice-Chancellor, the General Council, the Executive Council, the Academic Council and the Registrar. (2) The University shall be a body corporate by the name aforesaid having perpetual succession and common seal with power and subject to the provisions of this Act, the University shall be competent to acquire and hold property, to contract and shall by the said name, sue and be sued. (3) In all suits and other legal proceedings by or against the University, the pleadings shall be signed and verified by the Registrar and all processes in such suits and proceedings shall be issued to, and served on, the Registrar. (4) The headquarters of the University shall be at Cuttack. ### 4. Objects of the University. (1) The objects of the University shall be,- (a) to design and run regular and periodical courses of learning for dissemination of knowledge, advanced learning in legal subjects and issues of law and other related disciplines with a view to meaningfully integrate, support and enhance professional knowledge of law and so also to appreciate the role of rule of law in national growth and development; (b) to develop in the students and scholars social and scientific research skills for enhancing a sense of responsibility to serve society as a professional and also develop professionals skills of advocacy, judicial and other legal services, legislation, law reformers and the like; (c) to advance the professional education in convergence with knowledge of other related disciplines so as to provide adequate orientation and training including facilities of continuing education to law teachers, judicial officers, advocates and other persons in the civil society engaged or interested in legal field involved in the administration of justice; (d) to organize lecturers, seminars, symposia and conferences, to promote legal knowledge and to make law and legal processes as efficient instruments of social development; (e) to hold examinations and confer degrees, diplomas, certificates and other academic distinctions; and (f) to do all such things as are incidental, necessary or conducive to the attainment of all or any of the objects of the University, as an institution of higher learning and research and an institution of excellence. (2) The University shall be open to all persons of either sex irrespective of race, creed, caste, class or religion and it shall not be lawful for the University to impose on any person any condition whatsoever of religious belief or profession in order to entitle him to be admitted thereto as a teacher or a student or to hold any office therein or to graduate thereat or to enjoy or to exercise any privilege thereof. ### 5. Powers and functions of the University. - The powers and functions of the University shall be,- (a) to administer and manage the University and such centres for research, education, instructions in on-line systems of distant learning and instructions as are necessary for the furtherance of the objects of the University; (b) to provide for instruction in such branches of knowledge or learning pertaining to law, as the University may think fit and to make provision for research and for the advancement and dissemination of knowledge of law; (c) to organized and undertake extramural teaching and extension services; (d) to hold examinations and to grant diplomas or certificates, and to confer degrees and other academic distinctions on persons subject to such condition as the University may determine and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause; (e) to confer honorary degrees or other distinction in the manner laid down in the regulations; (f) to fix, demand and receive fees and other charges; (g) to institute and maintain, halls and hostels, to recongnize places of residence for the students of the University and to withdraw such recognition accorded to any such place of residence; (h) to establish such special centres, specialized study centres or other units for research and instructions at any place, as are in the opinion of the University necessary for the furtherance of its objects; (i) to supervise and control the residence and to regulate the discipline of the students of the University and to make arrangements for promoting their health; (j) to establish and run, directly or through contract systems, sports complexes and gymnasiums and other indoor and outdoor facilities; (k) to make special arrangements in respect of the residence, discipline and teaching of women students; (l) to create academic, technical, administrative, ministerial and other posts in the University and to make appointments thereto; (m) to regulate and enforce discipline among the employees of the University and to take such disciplinary measures as may be deemed necessary; (n) to institute professorships, associate professorships, assistant professorships, part-time lectureship and any other teaching, academic or research posts required by the University; (o) to appoint persons as professors, associate professors, assistant professors, part-time lecturers or otherwise as teachers and researchers of the University either on tenure or on non-tenure basis; (p) to institute and award fellowships, scholarships, prizes and medals; (q) to provide for printing, reproduction and publication of research and other works and to organize exhibitions; (r) to sponsor and undertake research in all aspects of law, justice, social development and scientific enquiries; (s) to co-operate with any other organization in the matter of education, training and research in law, justice, social development and allied subjects and for such purposes as may be agreed upon on such terms and conditions as the University may, from time to time, determine: (t) to co-operate with institutions of higher learning in the world having objects wholly or partially similar to those of the University by exchange of teachers and generally in such manner as may be conducive to the common objects; (u) to regulate the expenditure and to manage the accounts of the University; (v) to advance the professional education and also to provide adequate orientation and training to judicial officers and others who are involved in the administration of justice; (w) to impart training and conduct refresher courses for law teachers, judicial officers, advocates and other persons in legal field; (x) to spread and promote legal literacy and legal awareness among citizens at urban and rural level; (y) to provide legal aid to needy persons at pre-litigation and litigation stage; (z) to undertake research of ancient scriptures and ancient legal system in India and explore their usefulness in the administration of justice in modern India; (za) to develop teaching and research of such religious texts on which the modern law and the concept of non-violence and peace is based and to explore their usefulness in the administration of justice in modern India; (zb) to publish research studies, treaties, books, periodicals, reports and other literature relating to law and other fields; (zc) to establish and maintain within the University premises or elsewhere, such class rooms and study halls as the University may consider necessary and adequately furnish the same and to establish and maintain such libraries and reading rooms as may appear convenient or necessary for the University; (zd) to receive grants, subventions, subscriptions, donations and gifts for the purpose of University consistent with the objects for which the University is established; (ze) to purchase, take on lease or accept as gifts or otherwise, any land or building or works which may be necessary or convenient for the purpose of the University and on such terms and conditions as it may think fit and proper, and to construct or alter and maintain any such building or works; (zf) to draw and accept, to make and endorse, to discount and negotiate, promissory notes, bills of exchange, cheques or other negotiable instruments; (zg) to execute conveyances, transfers, re-conveyances, mortgages, leases, licences and agreements in respect of property, movable or immovable including Government securities belonging to the University or to be acquired for the purpose of the University; (zh) to make policy and take effective regulatory steps for protection of intellectual properties created by the faculty, scholars, and students of various departments of learning and centres of research of the University; (zi) to appoint any person, as it may deem fit in order to execute an instrument or transact any business of the University; (zj) to enter into any agreement with the Central Government, State Governments, the University Grants Commission or other person and Societies for receiving grants; (zk) to accept grants of money, securities or property of any kind on such terms as it may deem expedient; (zl) to raise and borrow money on bonds, mortgages, promissory notes or other obligations or securities founded or based upon all or any of the properties and assets of the University or without any securities and upon such terms and conditions as it may think fit and to pay out of the funds of the University, all expenses incidental to the raising of money, and to repay and redeem any money borrowed; (zm) to invest the funds of the University or money entrusted to the University in or upon such securities and in such manner as it may deem fit and from time to time, transpose any investment in the interest of the University; (zn) to make such regulations as may, from time to time, be considered necessary for regulating the affairs and the management of the University and to alter, modify and to rescind them; (zo) to make provisions for pension, insurance, provident fund and gratuity for the benefit of the academic, technical, administrative, employees of the University, in such manner and subject to such conditions as may be prescribed by the regulations, as it may deem fit, and to make such grants as it may think fit for the benefit of any employees of the University and to aid in establishment and in support of the association, institutions, funds, trusts and conveyance calculated to benefit the employees and the students of the University; (zp) to delegate all or any of its powers to the Vice-Chancellor of the University or any committee or any Sub-committee or to anyone or more members of its body or its officers; and (zq) to do all such other acts and things as the University may consider necessary, conducive or incidental to the attainment or enlargement of the aforesaid objects or any one of them. ### 6. Teaching of University. (1) All recognized teaching in connection with the degrees, diplomas and certificates of the University shall be conducted, under the administrative control of the Executive Council, by the Teachers of the University, in accordance with the curricula, prescribed by the Executive Council by regulation in consultation with the Academic Council. (2) The courses and curricula and the authorities responsible for organizing such teaching shall be such as may be prescribed by the regulations. Chapter-III Powers and Functions of the Visitor and Chancellor ### 7. Visitor of the University. (1) The Chief Justice of the Supreme Court of India, or his nominee from among the sitting Judges of the Supreme Court of India, shall be the Visitor of the University. (2) The Visitor shall preside over the convocation of the University. (3) The visitor shall have the right to call for the report on any matter pertaining to the affairs of the University. ### 8. Chancellor of the University. (1) The Chief Justice of the High Court of Orissa shall be the Chancellor of the University. (2) The Chancellor shall appoint Vice-Chancellor of the University in accordance with the procedure prescribed in the Schedule. ### 9. The Powers of the Visitor and the Chancellor. (1) The Chancellor and the Visitor shall have the powers- (a) to give direction, take action, or do anything as required under the provisions of this Act and the Statutes; (b) to cause an inspection by such person, as he may direct, of any work, activity or examination of the University, centers of research, or Regional centers; and (c) to give his views or advice to the Vice-Chancellor in the matters wherein an inspection has been made under clause (b). (2) Where either the Visitor or the Chancellor of the University under Clause (b) of Sub-section (1) has ordered an inspection, the University may depute one of its officers to represent it in such inspection. (3) The Chancellor or the Visitor shall communicate the result of the inspection and his advice to the Vice-Chancellor. (4) The result and the advice referred to in Sub-section (3) shall be communicated by the Vice-Chancellor to the Executive Council with his comments for such action as the Executive Council may propose to take and the action so taken shall be communicated to the Visitor or the Chancellor, as the case may be, through the Vice-Chancellor. (5) Where the Executive Council does not, within reasonable time, take action to the satisfaction of the Visitor or the Chancellor, as the case may be, the Visitor or the Chancellor, after considering any explanation furnished or representation made by the Executive Council, issue such directions as he may think fit and the Executive Council shall comply with such directions. Chapter IV Authorities and Officers of the University ---------------------------------------------------------- ### 10. Authorities of the University. - The following shall be the authorities of the University, namely : (a) The General Council; (b) The Executive Council; (c) The Academic Council; (d) The Finance Committee: and (e) Such other authorities as may be prescribed by the regulations. ### 11. The General Council. (1) The General Council shall be the highest body of the University. (2) The composition of the General Council and its powers and the functions shall be such as are prescribed in the Schedule. ### 12. The Executive Council. (1) The Executive Council shall be the Chief Executive body of the University. (2) The administration, management and control of the University shall be vested with the Executive Council, which shall control and administer the property and funds of the University. (3) The composition of the Executive Council and its powers and functions shall be such as are prescribed in the Schedule. ### 13. The Academic Council. (1) The Academic Council shall be the academic body of the University and shall, subject to the provisions of this Act and regulations, have power of control and general regulations, and be responsible for the maintenance of standards of instruction, education and examination of the University and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by this Act or the regulations. (2) The Academic Council shall have the right to advice the Executive Council on all academic matters. (3) The Academic Council shall have the power to propose regulations on all the matters specified under Clause 14 of the Schedule and matter incidental and related thereto. (4) The composition of the Academic Council shall be such as has been prescribed in the Schedule. ### 14. Finance Committee. (1) The Finance Committee shall be the recommending body on all matters of financial and accounts of the University. (2) The composition of the Finance Committee and its powers and functions shall be such as are prescribed in the Schedule. ### 15. Officers of the University. - The following shall be the officers of the University, namely : (a) the Vice-Chancellor; (b) the Registrar; (c) the Finance Officer; (d) the Controller of Examinations; and (e) such other officers as may be prescribed by regulations. Chapter V Statutes, Ordinances and Regulations --------------------------------------------------- ### 16. Statutes. (1) The Statutes of the University specified in the Schedule shall contain provisions regarding constitution and functions of various bodies of the University, appointments and terms of appointment, conditions of service and powers of various university officials and constitution of the Fund of the University and its deployment. (2) The Statutes as contained in the Schedule, as amended from time to time, shall be binding on all authorities, officers, teachers and employees of the University and persons connected with the University. (3) The Executive Council shall have powers to make any amendment in the statutes contained in the Schedule; Provided that the Executive Council shall not amend any provision of the Statutes affecting the constitution, status or power of any authority of the University without affording to such authority a reasonable opportunity of making a representation on the proposed changes. (4) Any amendment to the Statutes, whether by adding, deleting or in any other manner, shall not take effect unless the Chancellor has, after consultation with the State Government, assented to it ; Provided that the Chancellor may, after the said consultation and on being satisfied that assent be not given, withhold assent or return the proposal for amendment to the Executive Council for reconsideration in the light of observation, if any, made by him. (5) Notwithstanding anything contained in Sub-section (3) or Subsection (4), the Chancellor shall have power to amend, after consultation with the State Government, whether by adding, deleting, or in any other manner, the Statutes contained in the Schedule. (6) An amendment to the Statutes shall come into force on the date of its publication in the Official Gazette. ### 17. Ordinances of the University. (1) Subject to the provisions of this Act and the Statutes contained in the Schedule, as amended from time to time, the Ordinances of the University may be made by the Executive Council for all or any of the following matters, namely ; (a) the courses of study, admission of students, fees, qualifications requisite for any degree, diploma or certificates and grant of fellowship; (b) the conduct of examination including the appointment of the examiners and their terms and conditions; (c) management of the colleges, institutions, research bodies and other agencies admitted to the privileges of the University; and (d) any other matter required by the Statutes to be dealt by Ordinances of the University. (2) The first Ordinance of the University shall, as soon as may be, after the commencement of this Act, be made by the Vice-Chancellor with previous approval of the State Government, and may be amended at any time, in the manner, as is provided under this Act or as may be specified in the Statutes. (3) Save as otherwise provided in Sub-section (2), no Ordinances concerning the admission to the University or its examinations, courses of study, scheme of examinations, attendance and appointment of examiners shall be considered by the Executive Council unless draft of such Ordinance has been proposed by the Academic Council. (4) The Executive Council shall not amend the draft of the Ordinance proposed by the Academic Council unless the Academic Council consents to said amendment but the Executive Council shall have power to reject or return the draft to the Academic Council for reconsideration either in whole or in part, together with any amendments, which the Executive Council may suggest. (5) The draft Ordinances made by the Executive Council shall be submitted to the General Council and shall be considered by the General Council at its next meeting and shall come into effect from the date on which the General Council approves the same by resolution. (6) The General Council shall have power, by resolution passed by a majority of not less than two-thirds of the members present and voting, to cancel any draft Ordinance made by the Executive Council and such draft Ordinance shall, from the date of such resolution, be deemed to be cancelled. ### 18. Regulations. (1) Subject to the provisions of this Act, the Executive Council shall have, in addition to all other powers vested in it, the power to frame regulations to provide for the administration and management of the affairs of the University ; Provided that the Executive Council shall not make any regulation affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed is considered by the Executive Council : Provided further that except with the prior concurrence of the Academic Council, the Executive Council shall not make, amend or repeal any regulation affecting any or all of the following matters, namely : (a) the constitution, powers and duties of the Academic Council; (b) the persons responsible for organizing teaching in connection with the courses of study and related academic programmes; (c) the withdrawal of degrees, diplomas, certificates and other academic distinctions; (d) the establishment and abolition of faculties, departments and institutions; (e) the institution of fellowships, scholarships, studentship, medals and prizes; (f) conditions and modes of appointment of examiners or conduct of or standard of examinations or any other course of study; (g) mode of enrolment or admission of students; and (h) examinations to be recognized as equivalent to University examinations. (2) The Academic Council shall have the power to propose regulations on all the matters specified in Clauses (a) to (h) of Sub-section (1) and matters incidental and related thereto. ### 19. Power of authorities to make regulations. - An authority of the University shall have the power to make regulations, not inconsistent with the provisions of this Act, Statutes and the Ordinances of the University, in the manner prescribed in the Schedule for the conduct of its affairs and the affairs of the committees constituted by such authority. Chapter-VI Review Commission ### 20. Appointment of a University Review Commission. (1) The Chancellor shall, at least once in every five years or as and when required, constitute a Commission to review the working of the University and to make recommendations. (2) The Commission shall consist of not less than three eminent educationists, one of whom shall be the Chairman of such Commission appointed by the Chancellor in consultation with the State Government. (3) The terms and conditions of the appointment of the members shall be such as the Chancellor may determine. (4) The Commission shall, after holding such inquiry as it deems fit, make its recommendation to the Chancellor. (5) The Chancellor may, in consultation with the State Government, take such action, as he deems fit, on the recommendation made by the Commission for the working and development of the University. ### 21. Action not to be invalidated merely on the ground of defect in the constitution, vacancy, etc. - Notwithstanding that,- (a) the General Council, the Executive Council, the Academic Councillor any other authority or body of the University is not duly constituted or there is a defect in its constitution or reconstitution, at any time; or (b) there is a vacancy in the membership of any such authority or body, no act or resolution or proceedings of such authority or body shall be invalidated on any such ground or grounds. ### 22. Removal of difficulties. - If any difficulty arises with respect of the establishment of the University or m connection with the first meeting of any authority of the University or otherwise in giving effect to the provisions of this Act and the regulations, the Chancellor may, at any time, before all authorities of the University have been constituted, by order, make any appointment or do anything consistent, so far as may be, with the provisions of this Act and the regulations, which appear to him necessary or expedient for the purpose of removing the difficulty and every such order shall have effect as if such appointment or action had been made or taken in the manner provided in this Act and the regulations : Provided that before making any such order, the Chancellor shall ascertain and consider the opinion of the Vice-Chancellor and of such appropriate authority of the University as may have been constituted. ### 23. Transitory provisions. - Notwithstanding anything in this Act and the regulations, the Vice-Chancellor may, with the previous approval of the Chancellor and subject to the availability of funds, discharge all or any of the functions of the University for the purpose of carrying out the provisions of this Act and the regulations and for that purpose may exercise any powers or perform any duties, which by this Act and the regulations are to be exercised or performed by any authority of the University until such authority comes into existence as provided by this Act and the regulations. ### 24. Authorities and officers of the University. - The authorities of the University and their composition, powers, functions and other matters relating to them and the officers of University and their appointment, powers, functions and other matters relating to them and all other matters relating to the finances, powers, teaching, administration and management of the affairs of the University shall be governed by the provisions as specified in the Schedule and subject to the provisions of this Act shall also be governed by the regulations as may be made under the provisions of this Act. ### 25. Indemnity. - No suit, prosecution or other legal proceedings shall lie against, and no damages shall be claimed from, the University, the Chancellor, the Vice-Chancellor, the authorities or officers of the University or any other person in respect of anything which is in good faith done or purported to have been done in pursuance of this Act or any regulations made thereunder. ### 26. Act to have overriding effect. - Provisions of this Act and any regulation made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. Schedule ---------- [See Section 16] Statutes General Council ### 1. Membership of General Council. - (1) There shall be a General Council of the University which shall consist of the following members, namely : (a) the Chancellor: (b) the Attorney-General of India; (c) the Chairperson of the University Grants Commission or his nominee not below the rank of Deputy Chairman of the Commission; (d) Advocate General, Orissa; (e) Chairman, Orissa State Bar Council; (f) all Professors of the University; (g) two retired or sitting Judges of the Supreme Court of India or of High Court nominated by the Visitor; (h) two eminent members of the Bar of the Orissa High Court, nominated by the Chancellor; (i) two eminent persons nominated by the Chancellor working in the field of law and law education; and (j) the Vice-Chancellor : Provided that an employee of the University shall not be eligible for nomination to the General Council except the faculty nominees and the donors. (2) Any person who makes a donation to the University at any time of an amount not less than twenty-five lakhs rupees shall be donor member during his life time and shall have a right to nominate a representative to attend meetings. ### 2. Chairman and Secretary of the General Council. - The Chancellor shall be the Chairman and the Registrar shall be the Secretary of the General Council. ### 3. Terms of office of members of the General Council. - (1) The term of office of the members of the General Council except donor members, if any, shall, subject to Sub-clauses (2) and (3), be three years : Provided that the term of the first General Council will expire on constitution of the regular General Council under the provisions of this Schedule. (2) Where a member of the General Council becomes such member by virtue of the office or appointment he holds or is a nominated member, his membership shall terminate, when he ceases to hold such office or appointment or as the case may be, his nomination is withdrawn or cancelled. (3) A member of the General Council shall cease to be a member,- (a) if he resigns or becomes unsound mind or becomes insolvent or is convicted of a criminal offence involving moral turpitude; (b) if he other than the Vice-Chancellor, accepts a full time appointment in the University; and (c) if he is a nominated member and fails to attend three consecutive meetings of the General Council without the leave of the Chairman. (4) A member other than ex-officio member of the General Council may resign his office by a letter addressed to the Chairman and such resignation shall take effect as soon as such resignation is accepted by the Chairman. (5) Any vacancy in the General Council shall be filled either by appointment or nomination, as the case may be, of a person by the respective authority entitled to make the same and the person so appointed or nominated shall hold office so long only as the member in whose place he is appointed or nominated could have held office if the vacancy had not occurred. ### 4. Powers of the General Council. - (1) The General Council shall have all the powers necessary for the administration and management of the University and for conducting its affairs including the power to review the action of the Authorities and the power to review the regulations made by the Executive Council and shall exercise all powers of the University except as otherwise provided in this Act. (2) Without prejudice to the generality of the powers conferred by Sub-clause (1) , the General Council shall,- (a) recommend the broad policies and ensure good governance of the University and suggest measures for the improvement and development of the University; (b) consider and pass the resolutions on the annual budget, annual account, annual report, the financial estimates and the audit report on such accounts; and (c) perform such other functions, not inconsistent with the provisions of this Act, as it may deem necessary for the better functioning and administration of the University. ### 5. Meeting of the General Council. - (1) The General Council shall meet at least once in a year, called annual meeting of the General Council which shall be held on a date to be fixed by the Vice Chancellor in consultation with the Chancellor. (2) The Chancellor shall preside over the meeting and in his absence, the Vice Chancellor shall preside over such meeting. (3) A report of the working of the University during the previous year, together with a statement of receipt and expenditure as also the balance sheet as audited and the financial estimates, shall be presented by the Chancellor and in his absence, by the vice-Chancellor, to the General Council at its meeting. (4) Meeting of the General Council shall be called by the Vice-chancellor or at the request of not less than two-thirds of the members of the General Council including the ex-officio members. (5) For every meeting of the General Council at least 15 day's notice shall be given. (6) Six members of the General Council shall form the quorum. (7) Each member shall have one vote and if there is equality of votes on any question to be determined by the General Council, the Chairman or the person presiding over meeting shall, in addition, have a casting vote. (8) In case of difference of opinion among the members, the opinion of the majority shall prevail. (9) If urgent action by the General Council becomes necessary, the Chairman may permit the business to be transacted by circulation of papers to the members of the General Council but no action shall be taken unless agreed to by a majority of the members of the General Council and the action taken, if any, shall forthwith be intimated to all the members of the General Council and the papers relating to action so taken shall be placed before the next meeting of the General Council for confirmation. Executive Council ### 6. Membership of the Executive Council. - (1) The Executive Council shall consist of the following members, namely; (a) the Vice-Chancellor; (b) one member of the General Council (to be nominated by it); (c) Advocate General, Orissa; (d) Chairman, Bar Council of India; (e) Chairman, the State Bar Council, Orissa; (f) two senior most Faculty Members to be nominated by the Vice-Chancellor by rotation; (g) a sitting Judge of the High Court of Orissa to be nominated by the Chancellor; and (h) two eminent academicians or jurists nominated by the Visitor. (2) Vice-Chancellor shall be the Chairman and the Registrar shall be the Secretary of the Executive Council. ### 7. Term of Office of Executive Council. - (1) The term of office of the members of the Executive Council shall, subject to Sub-clauses (2) and (3), be three years. (2) Where a person has become a member of the Executive Council by virtue of the office or appointment he holds, his membership shall terminate when he ceases to hold that office or appointment. (3) A member of the Executive Council shall cease to be a member,- (a) if he resigns or becomes unsound mind or becomes insolvent or is convicted of a criminal offence involving moral turpitude; or (b) if he other than the Vice-Chancellor, or a member of the faculty, accepts a full time appointment in the University; or (c) if he is a nominated member and fails to attend three consecutive meetings of the Executive Council without the leave of the Chairman of the Executive Council. (4) A member of the Executive Council other than an ex-officio member, may resign from his office by a letter addressed to the Chairman of the Executive Council and such resignation shall take effect as soon as the Chairman of the Executive Council accepts it. (5) Any vacancy in the Executive Council shall be filled either by appointment or nomination, as the case may be, by the respective authority entitled to make the same and the person so appointed or nominated shall hold office so long as the member in whose place he is appointed or nominated could have held office if the vacancy had not occurred. ### 8. Powers and functions of the Executive Council. - Without prejudice to the provisions contained in Section 5, the powers and functions of the Executive Council shall be, (a) to create, from time to time, faculty position of and appoint in the position of, Professor-Director of Schools, Chairman of Undergraduate and Postgraduate studies. Professors, Associate Professors, Assistant Professor and other teaching staff of the faculty on the recommendation of the Selection Committee constituted under the regulation of the University in that behalf: (b) to create positions in administrative, teaching, research and subordinate management staff, on tenure and non tenure basis on such terms and conditions as may be determined by regulations and to appoint personnel in such posts in such manner as may be determined under regulations and also have the power to delegate such functions to the Vice-Chancellor in such manner as may be stipulated in the regulation; (c) to grant, in accordance with the regulations, leave of absence other than casual leave to any officer or faculty member of the University and to make necessary arrangements for the discharge of the functions of such officer or member during his absence; (d) to manage and regulate the finances, accounts, investments, property, other matters and all other administrative affairs of the University and for that purpose to appoint such agents, as it may think fit; (e) to invest any money belonging to the University, including an unapplied income, in such stock, funds, shares or securities, as it may, from time to time, think fit or in the purchase of immovable property in India, with the like power of varying such investments from time to time; (f) to transfer or accept transfers of any movable or immovable property on behalf of the University; (g) to enter into, vary, carry out and cancel contracts on behalf of the University and tor that purpose to appoint such officers as it may think fit; (h) to provide the buildings, premises furniture and apparatus and other means needed for carrying on the work of the University; . (i) to provide, purchase or accept by donation, books for library of the University; (j) to entertain, adjudicate upon, if it thinks fit, to redress any grievances of the officers of the University, the teachers, the students and the University employees, who may for any reason, feel aggrieved, otherwise than by an act of a Court; (k) to select a common seal for the University and to provide for the custody of the seal: (l) to appoint examiners and moderators, and if necessary to remove them and to fix their fees, emoluments, travelling and other allowances, after consulting the Academic Council; and (m) to exercise such other powers and to perform such other duties as may be conferred or imposed on it by or under this Act. ### 9. Meeting of the Executive Council. - (1) The Executive Council shall meet at least once in six months on a notice of not less than fifteen days. (2) Five members of the Executive Council shall constitute a quorum at any meeting thereof. (3) In case of difference of opinion among the members, the opinion of the majority shall prevail. (4) Each member of the Executive Council shall have one vote and if there shall be equality of votes on any question to be determined by the Executive Council, the Vice-Chancellor or the member presiding over that meeting shall, in addition, have a-casting vote. (5) Every meeting of the Executive Council shall be presided over by the Vice-Chancellor and in his absence by a member chosen by the members present to preside on the occasion. (6) If urgent action by the Executive Council becomes necessary, the Vice-Chancellor may permit the business to be transacted by circulation of papers to the members of the Executive Council, but no action shall be taken unless agreed to by a majority of members of the Executive Council and the action so taken, if any, shall be forthwith intimated to all the members of the Executive Council and the papers relating to action so taken shall be placed before the next meeting of the Executive Council for information. ### 10. Constitution of Standing Committee and appointment of Ad hoc Committees by the Executive Council. - (1) Subject to the provisions of this Act and the regulations made in this behalf, the Executive Council may, by resolution, constitute such Standing Committees or appoint Ad-hoc Committees for such purposes and with such powers as the Executive Council may think fit for exercising any power or discharging any function of the University or for inquiring into, reporting or advising upon any matter relating to the University. (2) The Executive Council may co-opt such persons to a Standing Committee or an Ad-hoc Committee as it considers suitable and may permit them to attend the meetings of the Executive Council. ### 11. Reservation of posts and seats. - (1) The Executive Council may, by regulations, provide for the reservation of seats in the academic programmes for Scheduled Castes and Scheduled Tribes and for any other categories of person as may be notified by the State Government. (2) The Executive Council may, by regulations, provide for the reservation oi post and exclude certain posts from the purview of the reservation, as provided in the Acts or Rules in force dealing with the subject matter of reservation. ### 12. Delegation of powers by the Executive Council. - The Executive Council may by resolution, delegate to the Vice-Chancellor or to a Committee such of its powers as it may deem fit subject to the condition that the action taken by the Vice-Chancellor or such committee, in exercise of the powers so delegated, shall be reported at the next meeting of the Executive Council. Academic Council ### 13. Membership of the Academic Council. - (1) The Academic Council shall consist of the following members, namely; (a) the Vice-chancellor, who shall be the Chairman thereof; (b) three persons from amongst the eminent educationists or men of letters or members of learned professions, who are not in the service of the University, to be nominated by the Chancellor; (c) one member of the Legal Education Committee of the Bar Council of India to be nominated by the Chairman of the Committee; (d) all Heads of the Department of the University; (e) all the Professors other, than the Heads of the Department of the University; and (f) two members of the teaching staff, to be nominated by the Vice-Chancellor from amongst Associate Professors, Assistant Professors and lecturers of the University in order of seniority in each category by rotation: Provided that such of the Associate Professors or Assistant Professors who have been nominated as members of Executive Council by the Vice-Chancellor, shall not be nominated as members of the Academic Council by the Vice-Chancellor. (2) The terms of office of the members, other than ex-officio members shall be three years. ### 14. Powers and duties of the Academic Council. - Subject to the provisions of this Act and regulations, the Academic Council shall, in addition to all other powers vested in it, have the powers, (a) to report on any matter referred or delegated to it by the General Council or the Executive Council; (b) to make arrangements through regulations for the instruction and examination of persons other than those enrolled in the University; (c) to promote research within the University and to require, from time to time to reports on such research; (d) to consider research proposals submitted by the faculties; (e) to appoint committees for admission to the University; (f) to recognize diplomas and degrees of other Universities and institutions and to determine their equivalence in relation to the diplomas and degrees of the University; (g) to fix, subject to any conditions accepted by the General Council, the time, mode and conditions of competition for fellowship, scholarships and other prizes, and to award the same; (h) to make recommendations to the Executive Council in regard to the appointment of examiners and if necessary their removal and the fixation of their fees, emoluments and travelling and other expenses: (i) to make arrangements for the conduct of examinations and to fix dates for holding them; (j) to declare result of the various examinations, or to appoint committees or officers to do so and to make recommendations regarding the conferment or grant of degrees, honours, diplomas, titles and marks of honour; (k) to award stipends, scholarships, medals and prizes and to make other awards in accordance with the regulations and such other condition's as may be attached to the awards; (l) to publish lists of prescribed or recommended text-books and to publish syllabus or the prescribed courses of study; (m) to prepare such forms and registers as are, from time to time, prescribed by regulations; and (n) to perform, in relation to academic matters, all such duties and to do all such acts as may be necessary for the proper carrying out of the provisions of this Act and the regulations. ### 15. Procedure of the meetings of the Academic Council. - (1) The Academic Council shall meet as often as may be necessary, but not less than two times during an academic year. (2) One-half of the total number of members of the Academic Council shall form quorum for a meeting of the Academic Council. (3) Every meeting of the Academic Council shall be presided over by (he Chairman of the Academic Council and in his absence, by a member chosen by the members present at the meeting to preside on the occasion. (4) If urgent action by the Academic Council becomes necessary, the Chairman of the Academic Council may permit the business to be transacted by circulation of papers to the members of the Academic Council but no action shall be taken unless agreed to by a majority of members of the Academic Council and the action, if any, so taken shall be forthwith intimated to all the members of the Academic Council and the papers relating to action so taken shall be placed before the next meeting of the Academic Council for information. Finance Committee ### 16. Finance Committee. - (1) There shall be a Finance Committee constituted by the Executive Council consisting of the following members namely- (a) the Vice-Chancellor: (b) one member nominated by the Executive Council from amongst its members: (c) Finance Officer of the University: (d) one senior teacher preferably a specialist of the finance and account matters nominated by the Vice-Chancellor; (e) three financial experts, not having any relation with the University nominated by the Chancellor; and (f) the Registrar, who shall be the Member-secretary of the Finance Committee. (2) The members of the Finance Committee shall hold office for a term of three years. (3) The functions and duties of the Finance Committee shall be, (a) to examine and scrutinize the annual budget of the University and to make recommendations on financial matters to the Executive Council; (b) to consider the periodical statements of accounts and to review the finances of the University, from time to time, and to consider re-appropriation statements and audit reports and to make recommendations to the Executive Council: (c) to consider all proposals for new expenditure and make recommendation to the Executive Council: and (d) to give its views and to make recommendations to the Executive Council on any financial question affecting, the University either on its own initiative or on reference from the Executive Councillor or the Vice-Chancellor. (4) The Finance Committee shall meet twice every year and five members of the Finance Committee shall form the quorum. (5) The Vice-Chancellor shall preside over the meetings of the Finance Committee. (6) In case of difference of opinion among the members, the opinion of the majority of the members shall prevail. Appointment and Removal ### 17. Selection Committee. - (1) All appointments to teaching and nonteaching posts shall be made on the basis of recommendation of the Selection Committee composed on such manner as may be prescribed under the regulation. (2) Any person appointed to any teaching or non-teaching post shall be removed from the service in such manner as may be prescribed under the regulation. Vice-Chancellor ### 18. Appointment and the powers of the Vice-Chancellor. - (1) The Vice-Chancellor shall be appointed by the Chancellor on the recommendations of a Search Committee and after obtaining the advice of the State Government thereon: Provided that the first Vice-Chancellor of the University shall be appointed by the Chancellor in consultation with the State Government, on such terms and conditions as may be specified, by order, by the Chancellor for a period not exceeding three years. (2) The Search Committee referred to in Sub-clause (1), shall consist of the following members, namely: (a) a person nominated by the Executive Council, not connected with the University or any other college affiliated to the University or any institution thereof; (b) one eminent authority on law nominated by the Chancellor; and (c) one nominee of the Bar Council of India. (3) The Chancellor may appoint one of the members of the Search Committee constituted under Sub-clause (2) to act as the Chairman of the Committee. (4) The Search Committee shall submit a panel of at least three persons for appointment to the position of Vice-Chancellor for the consideration of the Chancellor. (5) The term of the Vice-Chancellor shall be three years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier. (6) The outgoing Vice-Chancellor will continue till newly selected Vice-Chancellor assumes the office. (7) If the office of the Vice-Chancellor falls vacant due to resignation, illness or otherwise, the Chancellor shall make such arrangement to carry on the office of the Vice-Chancellor, as he deems fit. (8) The Vice-Chancellor shall be the Chief Executive and academic head of the University and subject to specific and general directions of the Executive Council, the Vice-Chancellor shall exercise all powers of the Executive Council in the management and administration of the University. (9) The Vice-Chancellor shall (a) ensure that the provisions of this Act and the regulations are duly observed, and he shall have all powers as are necessary for that purpose; (b) convene the meetings of the General Council, the Executive Council, the Academic Council and shall perform all other acts, as may be necessary to give effect to the provisions of this Act; (c) have all powers relating to the proper maintenance of discipline in the University; and (d) if in his opinion any emergency has arisen which requires immediate action to be taken, he shall take such action as he deems necessary and shall report the same for confirmation to the next meeting of the authority which, in the ordinary course, would have dealt with the matter. Registrar ### 19. Registrar. - (1) The Registrar shall be appointed by the Executive Council on the recommendation of the Selection Committee constituted by Executive Council under the Chairmanship of the Vice-Chancellor: Provided that first Registrar shall be appointed by the Chancellor in consultation with the State Government. (2) The terms and conditions of service of the Registrar shall be such as may be prescribed by the regulations. (3) The Registrar shall be the ex-officio Secretary of the General Council, the Executive Council, the Finance Committee and the faculties, but shall not be deemed to be a member of these authorities except the Finance Committee. (4) The Registrar shall- (a) comply with all directions and orders of the Executive Council and the Vice-Chancellor; (b) be the custodian of the records, common seal and such other property of the University as the Executive Council shall assign to his charge; (c) issue all notice for convening meetings of the General Council, the Executive Council, the Academic Council, the Finance Committee, the faculties and of any Committee appointed by the authorities of the University; (d) keep the minutes of all meetings of the General Council, the Executive Council, the Academic Council, the Finance Committee, the faculties and any Committee appointed by the authorities of the University; (e) conduct the official correspondence of the Executive Council and the Academic Council; (f) supply the Visitor, the copies of the agenda of the meeting of the authorities of the University as soon as they are issued and, the minutes of the meetings of the authorities ordinarily within a month of the holding of the meetings; (g) call a meeting of the Executive Council forthwith in an emergency, when neither the Vice-Chancellor nor the officer duly authorized is able to act and to take its directions for carrying on the work of the University; (h) be directly responsible to the Vice-Chancellor for the proper discharge of his duties and function; and (i) perform such other duties as may be assigned, from time to time, by the Executive Councillor the Vice-Chancellor. (5) In the event of the post of the Registrar remaining vacant for any reason, it shall be open to the Vice-Chancellor to authorize any officer in the service of the University to exercise such powers, functions and duties of the Registrar as the Vice-chancellor deems fit. Finance Officer ### 20. Finance Officer. - (1) There shall be a Finance Officer of the University who shall monitor and regulate the finances of the University. (2) The Finance Officer shall be appointed in the same manner as in the case of the Registrar having such qualification as may be prescribed in the regulations: Provided that the Vice-Chancellor shall, in consultation with the State Government, appoint the first Finance Officer of the University. Provident Fund, Gratuity and Pension ### 21. Provident fund, gratuity, pension and any other benefit scheme - All permanent employees of the University shall be entitled to the benefit of the Provident Fund and other beneficial scheme in accordance with such regulations as may be framed in that behalf by the Executive Council. ### 22. Fund of the University. - (1) There shall be a University Fund which shall include- (a) an initial and one time grant of rupees five crores made by the State Government: (b) any contribution or grant made by the University Grants Commission or the Central Government; (c) any contribution made by the Bar Council of India; (d) any contribution made by the Bar Council of India Trust; (e) any contribution made by the State Bar Council; (f) any bequests, donations, endowments or other grants made by any private individual or institution; (g) income received by the University from fees and charges; and (h) any amount received from any other source. (2) The amount of the said Fund shall be kept in a Scheduled Bank as defined in the Reserve Bank of India Act, 1934 or in a corresponding new Dank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 and the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 or may be invested in such securities authorized by the Indian Trust Act, 1882 as may be decided by the Executive Council. (3) The said fund may be utilized for such purpose of the University and in such manner as may be prescribed by regulations. ### 23. Annual accounts, audit and financial estimates. - (1) The accounts of the University shall be prepared under the directions of the Executive Council. (2) The auditors appointed by the Executive Council shall audit the accounts of the University at least once in a year: Provided that the State Government shall have the power to direct, whenever considered necessary a special audit of the accounts of the University, including the institutions managed by it by such auditors, as it may specify. (3) The accounts when audited shall be published by the Executive Council and a copy of the accounts together with the audit report shall be placed before the Executive Council and also shall be submitted to the Chancellor and the State Government. (4) The annual accounts shall be considered by the General Council at its annual meeting and the General Council may pass resolutions with reference thereto, and communicate the same to the Executive Council. (5) The Executive Council shall consider the suggestions made Dy the General Council and take such action there on, as it thinks fit and the Executive Council shall inform the General Council at its next meeting with respect to all actions taken by it as also the reasons for not taking action. (6) The Executive Council shall prepare, before such date as may be prescribed by the regulations, the financial estimates for the ensuring year and place the same before the General Council. (7) The Executive Council may, in case where expenditure in excess of the amount provided in the budget is to be incurred or in cases of urgency, for reasons to be recorded in writing, incur expenditure subject to such restrictions and conditions as may be specified in the regulations and where no provision has been made in the budget in respect, of such excess expenditure, a report shall be made to the General Council at next meeting. ### 24. Annual report. - (1) The Executive Council shall prepare the annual report containing such particulars as the General Council may specify, covering each financial year, and submit it to the General Council on or before such date as may be prescribed by the regulation, who may pass resolution thereon and the Executive Council shall take action in accordance therewith which shall be intimated to the General Council. (2) Copies of the annual report along with the resolution of the General Council thereon shall be submitted to the State Government and the State Government shall place them before the State Legislature at their next earliest session. Miscellaneous ### 25. Execution of contract. - All contracts relating to the management and administration of the University shall be expressed to be made by the Executive Council and shall be executed in accordance with the provisions of the regulations framed separately for this purpose. ### 26. Eligibility for admission of students. - No student shall be eligible for admission to a course of study for a degree or diploma unless he possesses such qualifications as may be prescribed by the regulations. ### 27. Residence of student. - Every student of the University, except those who are enrolled in on-line programme of distance education, shall reside in a hostel maintained or recognized by the University under such conditions as may be prescribed by the regulations. ### 28. Honorary Degrees. - If not less than two-thirds of the members of the Academic Council, recommend that an honorary degree or academic distinction be conferred on any person on the ground that he is, in their opinion, by reason of eminent attainment and position, fit and proper to receive such degree or academic distinction, the General Council may, by a resolution, decide that the same may be conferred on the person recommended. ### 29. Withdrawal of Degree or Diploma. - (1) The General Council may, on the recommendation of the Executive Council, withdraw any distinction, degree, diploma or privilege conferred on or granted to any person by a resolution passed by a majority of the total membership of the General Council and by a majority of not less than two-thirds of the members of the General Council present and voting at the meeting, if such person has been guilty of gross misconduct. (2) No action under this clause shall be taken against any person unless he has been given an opportunity to show cause against the action proposed to be taken. (3) A copy of the resolution passed by the General Council shall be sent to the person concerned immediately. (4) Any person aggrieved by the decision taken by the General Council may appeal to the Visitor within thirty days from the date of the receipt of such resolution. (5) The decision of the Visitor in such appeal shall be final. ### 30. Discipline. - (1) The Vice-Chancellor shall be final authority and responsible for maintenance of discipline among the students of the University. (2) All Heads of Departments, Hostel, Directors of centres of research and services and all faculty staff shall carry out directions of the Vice-Chancellor in that behalf. (3) Notwithstanding anything contained in Sub-clause (1) the punishment of debarring a student from the examination or rustication from the University or Hostel or an institution shall be made on the report of the Vice-Chancellor which shall be considered and imposed by the Executive Council: Provided that, before such report is considered, the Vice-Chancellor shall give to the student concerned a reasonable opportunity to show cause against the action proposed to be taken against him. ### 31. Sponsored Schemes. - (1) The sponsored research projects, studies and consultancies undertaken by the University shall be examined carefully by the Academic Council at the first instance before they are formally accepted by any officer, teacher or authority of the university. (2) The University, however, shall be at liberty to accept and undertake such self-financing research projects, studies and consultancies for Governmental Departments, Corporations, reputed private organizations, University Grants Commission or any other academic and research organization as it may deem proper: Provided that, where an academic or research activity is undertaken at the behest of a private organization, that shall be governed by the separate regulations and on such terms and conditions as the Executive Council may specify by order.
65ba82e4ab84c7eca86ebd3a	acts	Union of India - Act ---------------------- The National Capital Territory Of Delhi Laws (Special Provisions) Second Act, 2009 ------------------------------------------------------------------------------------ UNION OF INDIA India The National Capital Territory Of Delhi Laws (Special Provisions) Second Act, 2009 ==================================================================================== Act 40 of 2009 ---------------- * Published in Gazette of India 40 on 22 December 2009 * Not commenced An Act to make special provisions for the National Capital Territory of Delhi for a further period up to the 31st day of December, 2010 and for matters connected therewith or incidental thereto. WHEREAS there had been phenomenal increase in the population of the National Capital Territory of Delhi owing to migration and other factors resulting in tremendous pressure on land and infrastructure leading to encroachment or unauthorised developments which are not in consonance with the concept of planned development as provided in the Master Plan for Delhi, 2001 and the relevant Acts and building bye-laws made thereunder; AND WHEREAS the Master Plan of Delhi, 2001 was extensively modified and notified by the Central Government on the 7th day of February, 2007 with the perspective for the year2021 keeping in view the emerging new dimensions in urban development vis-a-vis the social, financial and other ground realities; AND WHEREAS the Master Plan of Delhi with the perspective for the year 2021specifically provides for strategies for housing for urban poor as well as to deal with thein formal sector; AND WHEREAS a strategy and a scheme has been prepared by the local authorities in the National Capital Territory of Delhi for regulation of urban street vendors in accordance with the National Policy for Urban Street Vendors and the Master Plan for Delhi, 2021, and is being implemented; AND WHEREAS based on the policy finalised by the Central Government regarding regularisation of unauthorised colonies, village a badi area and its extension, the guidelines and regulations for this purpose have been issued; AND WHEREAS in pursuance of the guidelines and regulations for regularisation of unauthorised colonies, necessary steps are being taken which, inter alia, involve scrutiny of layout plans, assessment of built up percentage existed as on the 31st day of March, 2002, identification of mixed use of streets, approval of layout plans, fixation of boundaries, change of land use and identification of colonies not eligible for regularisation; AND WHEREAS more time is required for orderly implementation of scheme regarding hawkers and urban street vendors and for regularisation of unauthorised colonies, village abadi area and its extension; AND WHEREAS the revised policy and orderly arrangements for relocation and rehabilitation of slum dwellers and Jhuggi-Jhompri clusters in the National Capital Territory of Delhi has been considered and a Bill, namely, the Delhi Urban Shelter Improvement Board Bill, 2009 has been prepared by the Government of National Capital Territory of Delhi to provide for implementation of schemes for improvement of Jhuggi-Jhompri clusters and its redevelopment with a view to bring improvement in environment and living conditions, and preparing housing scheme for resettlement of persons; AND WHEREAS the draft policy regarding farm houses has been formulated by the Delhi Development Authority and has been forwarded to major stakeholders for their views and comments; AND WHEREAS in pursuance of the Master Plan for Delhi, 2021, the policy or plan regarding schools, dispensaries, religious institutions, cultural institutions, storages, warehouses and go downs used for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land is under consideration of the Central Government; AND WHEREAS the National Capital Territory of Delhi Laws (Special Provisions) Act, 2007 (43 of 2007) was enacted on the 5th day of December, 2007 to make special provisions for the areas of National Capital Territory of Delhi for a period up to the 31st day of December, 2008which ceased to operate after the 31st December, 2008; AND WHEREAS the National Capital Territory of Delhi Laws (Special Provisions) Act, 2009 (24 of 2009) was enacted in continuation of the aforesaid Act referred to in the preceding paragraph for a period up to the 31st day of December, 2009 to make special provisions for the areas of the National Capital Territory of Delhi and that Act ceased to operate after the 31st day of December, 2009; AND WHEREAS it is expedient to have a law in terms of the Master Plan for Delhi, 2021, in continuation of the said Act for a period up to the 31st day of December, 2010 to provide for temporary relief and to minimise avoidable hardships and irreparable loss to the people of the National Capital Territory of Delhi against any action by the concerned agency in respect of persons covered by the policies referred to above. BE it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:- ### 1. Short title, extent, commencement and duration.- (1) This Act may be called the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2009. (2) It extends to the National Capital Territory of Delhi. (3) It shall come into force on the 1st day of January, 2010. (4) It shall cease to have effect on the 31st day of December, 2010, except as respects things done or omitted to be done before such cesser, and upon such cesser section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply as if this Act had then been repealed by a Central Act. ### 2. Definitions.-(1) In this Act, unless the context otherwise requires,- (a) "building bye-laws" means bye-laws made under section 481 of the Delhi Municipal Corporation Act, 1957 (66 of 1957) or the bye-laws made under section 188, sub-section (3) of section 189 and sub-section (1) of section 190 of the Punjab Municipal Act, 1911 (Punjab Act 3of 1911), as in force in New Delhi or the regulations made under sub-section (1) of section 57 of the Delhi Development Act, 1957 (61 of 1957) relating to buildings; (b) "Delhi" means the entire area of the National Capital Territory of Delhi except the Delhi Cantonment as defined in clause (11) of section 2 of the Delhi Municipal Corporation Act, 1957 (66 of 1957); (c) "encroachment" means unauthorised occupation of Government land or public land by way of putting temporary, semi-permanent or permanent structure for residential use or commercial use or any other use; (d) "local authority" means the Delhi Municipal Corporation established under the Delhi Municipal Corporation Act, 1957 (66 of 1957), or the New Delhi Municipal Council established under the New Delhi Municipal Council Act, 1994 (44 of 1994) or the Delhi Development Authority established under the Delhi Development Act, 1957 (61 of 1957), legally entitled to exercise control in respect of the areas under their respective jurisdiction; (e) "Master Plan" means the Master Plan for Delhi with the perspective for the year 2021, notified vide notification number S.O.141(E), dated the 7th day of February, 2007, under the Delhi Development Act, 1957 (61 of 1957); (f) "notification" means a notification published in the Official Gazette; (g) "punitive action" means action taken by a local authority under the relevant law against unauthorised development and shall include demolition, sealing of premises and displacement of persons or their business establishment from their existing location, whether in pursuance of court orders or otherwise; (h) "relevant law" means in case of- (i) the Delhi Development Authority, the Delhi Development Act, 1957 (61 of 1957); (ii) the Municipal Corporation of Delhi, the Delhi Municipal Corporation Act, 1957 (66 of 1957); and (iii) the New Delhi Municipal Council, the New Delhi Municipal Council Act, 1994 (44 of 1994); (i) "unauthorised development" means use of land or use of building or construction of building or development of colonies carried out in contravention of the sanctioned plans or without obtaining the sanction of plans, or in contravention of the land use as permitted under the Master Plan or Zonal Plan or layout plan, as the case may be, and includes any encroachment. (2) Words and expressions used but not defined herein shall have the meanings respectively assigned to them in the Delhi Development Act, 1957 (61 of 1957) the Delhi Municipal Corporation Act, 1957 (66 of 1957) and the New Delhi Municipal Council Act, 1994 (44 of 1994). ### 3. Enforcement to be kept in abeyance.- (1) Notwithstanding anything contained in any relevant law or any rules, regulations or bye-laws made thereunder, the Central Government shall before the expiry of this Act, take all possible measures to finalise norms, policy guidelines, feasible strategies and make orderly arrangements to deal with the problem of encroachment or unauthorised development in the form of encroachment by slum dwellers and Jhuggi-Jhompri clusters, hawkers and urban street vendors, unauthorised colonies, village abadi area (including urban villages) and its extension, existing farm houses involving construction beyond permissible building limits and schools, dispensaries, religious institutions, cultural institutions, storages, warehouses and go downs used for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land, as mentioned below: (a) policy for relocation and rehabilitation of slum dwellers and Jhuggi-Jhompri clusters in accordance with the provisions of the Master Plan of Delhi, 2021 to ensure development of Delhi in a sustainable, planned and humane manner; (b) scheme and orderly arrangements for regulation of urban street vendors inconsonance with the national policy for urban street vendors and hawkers as provided in the Master Plan of Delhi, 2021; (c) orderly arrangements pursuant to guidelines and regulations for regularization of unauthorised colonies, village abadi area (including urban villages) and its extension, as existed on the 31st day of March, 2002, and where construction took place even beyond that date and up to the 8th day of February, 2007; (d) policy regarding existing farm houses involving construction beyond permissible building limits; and (e) policy or plan regarding schools, dispensaries, religious institutions, cultural institutions, storages, warehouses and go downs used for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land. (2) Subject to the provisions contained in sub-section (1) and notwithstanding any judgment, decree or order of any court, status quo- (i) as on the 1st day of January, 2006 in respect of encroachment or unauthorised development; and (ii) in respect of unauthorised colonies, village a badi area (including urban villages) and its extension, which existed on the 31st day of March, 2002 and where construction took place even beyond that date and up to the 8th day of February, 2007, mentioned in sub-section (1), shall be maintained. (3) All notices issued by any local authority for initiating action against encroachment or unauthorised development referred to in sub-section (1), shall be deemed to have been suspended and no punitive action shall be taken till the 31st day of December, 2010. (4) Notwithstanding any other provision contained in this Act, the Central Government may, at any time before the 31st day of December, 2010, withdraw the exemption by notification in respect of encroachment or unauthorised development mentioned in sub-section (2) or sub-section (3), as the case may be. ### 4. Provisions of this Act not to apply in certain cases.- During the period of operation of this Act, no relief shall be available under the provisions of section 3 in respect of the following encroachment or unauthorised development, namely:- (a) encroachment on public land except in those cases which are covered under clauses (a), (b) and (c) of sub-section (1) of section 3; (b) removal of slums and Jhuggi-Jhompri dwellers, hawkers and urban street vendors, unauthorised colonies or part thereof, village a badi area (including urban villages) and its extension in accordance with the relevant policies approved by the Central Government for clearance of land required for specific public projects. ### 5. Power of Central Government to give directions.- The Central Government may, from time to time, issue such directions to the local authorities as it may deem fit, for giving effect to the provisions of this Act and it shall be the duty of the local authorities, to comply with such directions.
65b9cb82ab84c7eca86e9fdf	acts	State of Madhya Pradesh - Act ------------------------------- The M.P. Gram Panchayat Obligatory Taxes and Fees (Conditions and Exceptions) Rules, 1996 ------------------------------------------------------------------------------------------- MADHYA PRADESH India The M.P. Gram Panchayat Obligatory Taxes and Fees (Conditions and Exceptions) Rules, 1996 =========================================================================================== Rule THE-M-P-GRAM-PANCHAYAT-OBLIGATORY-TAXES-AND-FEES-CONDITIONS-AND-EXCEPTIONS-RULES-1996 of 1996 ---------------------------------------------------------------------------------------------------- * Published on 29 February 1996 * Commenced on 29 February 1996 The M.P. Gram Panchayat Obligatory Taxes and Fees (Conditions and Exceptions) Rules, 1996 Published vide Notification No. B-1-39-95-22-P-2, M.P. Rajpatra (Asadharan) , dated 29-2-1996 at page 132(4) In exercise of the powers conferred by sub-section (1) of Section 95 read with sub-section (1) of Section 77 of the Madhya Pradesh Panchayai Raj Adhiniyam, 1993 (No. 1 of 1994), the State Government hereby makes the following rules, the same having been previously published as required by sub-section (3) of Section 95 of the said Act, namely :- ### 1. Short title. - These rules may be called the Madhya Pradesh Gram Panchayat Obligatory Taxes and Fees (Conditions and Exceptions) Rules, 1996. Part I – General ------------------ ### 2. Definitions. - In these rules, unless the context otherwise requires,- (a) 'Act' means the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994); (b) 'Fee' means a fee leviable under item 5 or 6 of Schedule I-A of the Act; (c) 'Schedule' means the Schedule appended to these rules; (d) 'Tax' means a tax imposable under item 1, 2, 3 or 4 of Schedule I-A of the Act. ### 3. Procedure for imposing tax or fee. - Every Gram Panchayat shall impose any tax or fee after observing the following procedure, namely :- (a) The Gram Panchayat shall, subject to the provisions of these rules, pass a resolution the rate at which the tax or fee is to be imposed; (b) The Gram Panchayat shall then notify to the public the proposal by beat of drum in the Gram Panchayat area and by means of a notice affixed in the office of the Gram Panchayat and at conspicuous places in the village or villages specifying a date not earlier than one month after the date of such publication, on or after which the Gram Panchayat shall take the proposal into consideration; (c) Any inhabitant of the village objecting to the rate of tax or fee proposed by the Gram Panchayat may send his objection or suggestion in writing on or before the date specified in the notice published under Clause (b); (d) On or after the date fixed under Clause (b) the Gram Panchayat shall consider all objections and suggestions made under Clause (c) and shall impose the tax or fee and decide the rate at which it is to be imposed; (e) Where a Gram Panchayat finally decides the rate of lax or fee, a notice stating the tax or fee imposed and the rate thereof shall be published by the Gram Panchayat by affixing a copy thereof in the office of the Gram Panchayat. It shall also announce by beat of drum in the village or villages the fact of such publication; (f) The tax or fee shall accordingly be imposed from the date which shall be specified in the notice and which shall not be earlier than one month after the date of publication of notice. ### 4. Tax effective from what date. - Any tax imposed under these rules shall be imposable for the year beginning on the 1st April and ending on the 31st March next following. If the tax comes into force on any date other than the 1st April it shall be imposable by the quarter ending on the 1st July, 1st October, 1st January and 1st April next following and thereafter by the year. Part II – Property Tax on Land and Building --------------------------------------------- ### 5. Rate of tax on buildings. - Every Gram Panchayat shall subject to the provisions of item 1 of the Schedule 1-A of the Act and sub-section (2) of Section 77 and after following the procedure prescribed in Rule 3, impose a tax on land or buildings or both at such rate based on the capital value of the building and land as may be decided by it, but not below the minimum and not exceeding the maximum rate specified in the First Schedule. ### 6. Tax by whom payable. - The tax shall he payable by the owner of the building upon which it is assessed. Part III – 7. Tax for cleaning private latrines. -------------------------------------------------- - A Gram Panchayat shall, after following the procedure prescribed in Rule 3, impose a tax for cleaning private latrines at the rates which may be decided by it. ### 8. Condition necessary to be fulfilled prior to the imposition of tax for cleaning private latrines. - No tax for cleaning privates latrines shall be imposed under item 2-a of Schedule 1-A of Act and sub section (2) of Section 77 unless the Gram Panchayat has- (a) made a provision for the cleaning of the private latrines; (b) issued either individually to the person to be charged or generally to the inhabitants of the village or villages to be charged with such tax, one month's notice of the intention of the Gram Panchayat lo make such provision and to impose the tax. ### 9. Tax by whom payable. - The tax for cleaning private latrines shall be payable in the house to which the private latrine is attached, is occupied- (a) by the owner himself, by the owner; (b) by a person other than the owner, by the occupier; (c) by owner and tenant, by the owner. Part IV – Lighting Tax ------------------------ ### 10. Rate of lighting tax. (1) A Gram Panchayat which has made lighting arrangements, shall, after following the procedure prescribed in Rule 3, impose a lighting tax on all buildings within the Gram Panchayat area as may be decided by it with reference to the capital value of the building. (2) No lighting tax under sub-rule (1) shall be imposed on any building used exclusively for religious or educational purpose including boarding houses and yielding no rent to the owner or trustee thereof. ### 11. Tax by whom payable. - The lighting tax shall be payable by the actual occupier of the house. Part V – Tax on Persons following any Profession or Art or Carrying on Trade of Calling within the Gram Panchayat Area ------------------------------------------------------------------------------------------------------------------------ ### 12. Rate of tax on any profession or art of any trade or calling. - A Gram Panchayat shall, after following the procedure prescribed in Rule 3, impose a tax on persons following any profession or art or carrying on any trade or calling within the Gram Panchayat area at such rale as may be decided by the Gram Panchayat, but not below minimum and not exceeding the maximum rate specified in the Second Schedule. ### 13. Advance payment of tax. - The tax on persons following any profession or art or carrying on trade or calling within the Gram Panchayat area shall be payable in advance for the year. Part VI – Fees on Persons Exposing Goods for Sale in any Market or Place Belonging to or under the Control of the Gram Panchayat or for the use of any Building or Structure therein -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ### 14. Rate of fees. - A Gram Panchayat shall, after following the procedure prescribed in Rule 3, impose fee on persons exposing goods for sale in any market or place belonging to or under control of the Gram Panchayat or for the use of any building or structure therein at such rates as may be decided by it. but not below the minimum and not exceeding the maximum rale specified in the Third Schedule. Part VII – Fees on Registration of Animals Sold in any Market or Place belonging to or under the Control of Gram Panchayat ---------------------------------------------------------------------------------------------------------------------------- ### 15. Rate of fees. (1) A Gram Panchayat shall, after following the procedure prescribed in Rule 3, impose fees on the registration of animals sold in any market or place belonging to or under the control of Gram Panchayat at such rates as may be decided by it, but not below the minimum and not exceeding the maximum rate specified in the Fourth Schedule. (2) Young ones of animal depending on mother's milk shall be exempted from fees. ### 16. Repeal. - All the previous rules on the subject shall stand repealed from the date of final publication of these rules in the "Madhya Pradesh Gazette." The First Schedule [See Rule 5] Rape of Tax on Lands and Buildings \| \| \| \| \| --- \| --- \| --- \| \| \| Minimum (1) \| Maximum (2) \| \| 1. On building of capital value exceeding Rs. 6,000/- but not exceeding Rs. 12,000/- \| 20 paise per Rs. 100 of the capital value or fraction thereof \| 30 paise per Rs. 100 of the capital value or fraction thereof. \| \| 2. On building of capital value exceeding Rs. 12,000/- \| Rupee 1 per Rs. 500 of the capital value or fraction thereof \| Rupees 1.50 per 500 rupees of the capital value or fraction thereof. \| The Second Schedule [See Rule 12] Rate of Tax on Persons following any Profession or Art or Carrying on any Trade or Calling within the Limits Gram Panchayat Area \| \| \| \| \| --- \| --- \| --- \| \| Annual Income \| Minimum \| Maximum \| \| (1) \| (2) \| (3) \| \| Rs. 11,000 to 15,000 \| Rs. 100 \| Rs. 200 \| \| Rs. 15,001 to 20,000 \| Rs. 150 \| Rs. 300 \| \| Rs. 20,001 to 30,000 \| Rs. 200 \| Rs. 400 \| \| Rs. 30,001 to 40,000 \| Rs. 300 \| Rs. 600 \| \| Rs. 40,001 to 50,000 \| Rs. 450 \| Rs. 400 \| \| More than Rs. 50,000 \| Rs. 650 \| Rs. 1400 \| The Third Schedule [See Rule 14] Rate of Fees on Persons Exposing Goods for sale in any Market or Place belonging to or under the Control of the Gram Panchayat or for the use of any Building or Structure therein \| \| \| \| \| --- \| --- \| --- \| \| \| Minimum (1) \| Maximum (2) \| \| 1. For every space measuring one square metre or part thereof. \| 30 paise per day or Rs. 8 per month. \| 50 paise per day or Rs. 14 per month. \| \| 2. For goods brought to the market for sale. \| 25 paise per basket or head load (not being a bag) or 50 paise per bag. \| 50 paise per basket or head load (not being a bag) or Rs. one per bag. \| The Fourth Schedule [See Rule 15] Rate of Fees on Registration of Animals sold in any Market or Place belonging to or under the Control of the Gram Panchayat \| \| \| \| \| --- \| --- \| --- \| \| Animals \| Minimum \| Maximum \| \| (1) \| (2) \| (3) \| \| 1. Pig, he-goat, she-goat, ass, calf. \| Rs. 3 \| Rs. 20 \| \| 2. He-buffalo, Bullock, Cow, Horse, Mare. \| Rs. 5 \| Rs. 25 \| \| 3. She-buffalo, Elephant, Camel \| Rs. 10 \| Rs. 30 \|
65b9a74fab84c7eca86e98e3	acts	State of Haryana - Act ------------------------ Forest Rules -------------- HARYANA India Forest Rules ============== Rule FOREST-RULES of 1923 --------------------------- * Published on 26 September 1923 * Commenced on 26 September 1923 Forest Rules Published vide Punjab Government Notification No. 22890, dated 26 September 1923 A. - Rules prescribing Powers of Forest Officers ### 1. General Powers. - The Chief Conservator of Forests and all Conservators, Deputy Conservators, Assistant Conservators, Extra Assistant Conservators, Forest Rangers, Deputy Rangers, Foresters and Forest Guards are appointed to do all acts and exercise all powers that are prescribed by the Act, or by rules made under it, to be done by a Forest Officer or by any Forest Officer. ### 2. The Forest Officers mentioned in the first column of the following Schedule shall exercise the powers under the sections of the Act mentioned in the second column of the same opposite each class of officers, respectively :- \| \| \| \| \| --- \| --- \| --- \| \| Class of officers empowered \| Section of the Act under which powers are given \| Brief description of nature of powers conferred \| \| I. All Deputy Conservators, Assistant Conservators and Extra Assistant Conservators, when in charge of Forest Divisions \| 20 \| To publish translation of notifications of reserved forests. \| \| 25 \| To notify seasons during which the kindling, etc., of fire is not prohibited. \| \| 45 \| To notify depots for drift timber, etc. \| \| 60 \| To direct release of property seized. \| \| 82 \| To take possession of and sell forest produce for Government use. \| \| II. All Deputy Conservators, Assistant Conservators and Extra Assistant Conservators \| 46 \| To issue notice to claimants of drift timber, etc. \| \| 47 \| To decide claims to drift timber, etc. \| \| 50 \| To receive payments on account of drift timber, etc. \| \| III. All Deputy Conservators, Assistant Conservators and Extra Assistant Conservators, Forest Rangers, Deputy Rangers and Foresters when specially authorised in that behalf by the Chief Conservator of Forests or Conservators of Forests. \| 25 \| To permit acts otherwise prohibited in reserved forests \| \| 33 \| To permit acts otherwise prohibited in protected forests. \| ### 3. The Chief Conservators of Forests and Conservators of Forests are empowered to exercise all or any of the powers conferred in the following schedule. ### 4. The Chief Conservator of Forests and Conservators of Forests are empowered under section 24 of the Act, with the previous sanction of the Commissioner of the Division, to stop ways and water courses in reserved forests, subject to the provisions of that section. ### 5. Powers to compound offences. - [All officers of the Forest Department of a rank not inferior to that of Probationary Extra Assistant Conservator are invested with the powers described in section 67 of Act VII of 1878.] [Punjab Government Notification No. 92, dated 26.2.1913.] ### 6. Powers to compel attendance of witnesses, to issue search warrant and to record evidence. - [Forest Officers serving in the Punjab are invested with powers under section 71(b) , (c) and (d) of Act VII of 1878 as described in the following schedule] [Punjab Government Notification No. 423 dated 14.10.1923.] :- \| \| \| \| \| --- \| --- \| --- \| \| Class of officers empowered \| Section of the Act under which powers are given \| Brief description of nature of powers conferred \| \| I. Conservators of Forests and all Divisional Forests Officers, provided that such officers hold substantive rank not lower than that of Assistant Conservator of Forests or Extra Assistant Conservator of Forests, and that they have passed the prescribed tests in Forests Law and in Urdu by the Higher Standard \| 71(b) \| Powers of a Civil Court to compel the attendance of witnesses and the production of documents \| \| II. Conservators of Forests \| 71(c) \| Power to issue a search warrant under the Code of Criminal Procedure \[-] \| \| III. Conservators of Forests and all officers of and above the rank of Assistant Conservator of Forests or Extra Assistant Conservator of Forests : provided that they have passed the prescribed tests in Forests Law and in Urdu by the Higher Standard. \| 71(d) \| Power to hold an enquiry in Forest offences and in the course of such enquiry to receive and record evidence \| \Omitted by Punjab Government Notification No. 2479-Ft-55/1603, dated 17.6.1955. ### 7. These powers shall be exercised within the circle or division, as the case may be, to which an officer is posted from time to time. Powers under section 71(c) of the Indian Forest Act, 1878, can be given to Forest Officers not below the rank of Assistant Conservator of Forests or Extra Assistant Conservator of Forests by name with the sanction of the Punjab Government, provided that such officers are in charge of a Forest Division. [vide Conservator's No. 1265, dated 2nd June, 1913, and Punjab Government No. 333 (Forests), dated 5th August, 1913]. ### 8. Powers of Forests Officers to be Public Prosecutors under section 492 of the Criminal Procedure Code, Act V of 1898. - [All Forest Officers of and above the rank of Forester are appointed to be public prosecutors within the limits of the Forest Division in which they are serving in respect of cases in which the Forest Department is the complainant.] [Punjab Government Notification No. 183, dated 7.4.1914.] ### 9. Powers of Forest Officers to be Public Officers under section 29-A of the Courts Fees Act, 1870, as amended by the Courts Fees (Punjab Amendment) Act, 1939. - [All Forests Officers not below the rank of Range Officers shall, when preferring any complaint of an offence under section 9 of the Punjab Wild Birds and Wild Animals Protection Act, 1833, be deemed to be public officers for the purpose of sub-section (1) of section 29-A of the Court Fees Act, 1870, as amended by the Court Fees (Punjab Amendment) Act, 1939.] [Punjab Government Notification No. 8564-J-39 dated 20.12.1939.] ### 10. Forest Officers of a rank not inferior to that of Extra Assistant Conservator, serving in the Punjab, shall, from the date of this notification, exercise the powers mentioned in sub-section (1) of section 68 of the Indian Forest Act, in respect of offences under the Punjab Land Preservation (Chos) Act, 1900. B. - (a) Appointment of Rakhas and others in the Kangra District to be Forest Officers ### 1. [All Rakhas or village forest watchmen in the Kangra District are appointed to do all acts and exercise all powers that are prescribed by Act VII of 1878 or by the Rules made under it to be done or exercised by a Forest Officer or by any Forest Officer.] [Notification No. 86, dated 7.2.1900.] ### 2. [All kotwals, Negis, village headman, village watchmen and all lambardars of Phatis in Kangra District are appointed to be Forest Officers within the meaning and for the purpose of sections 64 and 78 of Act VII of 1878.] [Notification No. 589, dated 4.12.1900.] ### 3. [All forest Rakhas in the Kangra District are appointed to be Forest Officers within the meaning and for the purpose of [sections 64 and 78 of Act VII of 1878.] [Notification No. 425, dated 6.10.1908.] ] ### 4. [All Forest Officers employed by Co-operative Forest Societies in Kangra District are appointed to be Forest Officers within the meaning and for the purpose of sections 52, 56, 65, 66 and 79 of the Indian Forest Act, 1927.] [Notification No. 2754-Ft., dated 26.9.1941.] ### 5. [All Rakhas employed by Co-operative Societies in the Kangra District are appointed to be Officers within the meaning of and for the purposes of sections 64, 66 and 77 of the Indian Forest Act, 1927.] [Notification No. 2754-Ft., dated 26.9.1941.] (b) Appointment of lambardars and others of the Hoshiarpur District to be Forest Officers ### 6. [All lambardars and village watchmen of the Punjab, Lohara and Dhrui Tappas, in the Hoshiapur District, are appointed to be Forest Officers within the meaning and for the purpose of sections 64 and 78 of Act VII of 1878.] [Notification No. 165, dated 27.3.1901.] ### 7. [All Rakhas in the service of Village Forest of Reclamation Co-operative Societies registered under the Co-operative Societies Act, II of 1912, in the Hoshiarpur District shall be appointed to do all acts and exercise all powers that may be done and exercised by a Forest Officer under the Indian Forest Act, 1927, or under any rule made thereunder.] [Notification No. 3859-Ft., dated 14.9.1940.] ### 8. All Rakhas in the employment of Court of Wards estates in Hoshiarpur District shall be appointed to do all acts and exercise all powers that may be done or exercised by a Forest Officer under the Indian Forest Act, 1927, or under any rule made thereunder. [Appointment of Rakhas in Revenue District as Forest Officers] [Notification No. 4092-Ft., dated 31.12.1941.] ### 9. In exercise of the powers conferred by sub-section (2) of section 2 of the Indian Forest Act, XVI of 1927, the Governor of the Punjab is pleased to appoint the Rakhas employed by landlords for the protection of their private lands notified under section 38 of the Indian Forest Act in the revenue districts specified in the schedule hereto annexed to do anything required by this Act or any rule made thereunder to be done by a Forest Officer :- Schedule ---------- \| \| \| \| \| --- \| --- \| --- \| \| Serial No \| Revenue district \| Executive Forest and Soil Conservation charges \| \| 1 \| Gurdaspur \| \| \| 2 \| Kangra \| Kangra Forest Society Division \| \| 3 \| Hoshiarpur \| Hoshiarpur Forest Division \| \| 4 \| Ambala \| Ambala/Gurgaon Soil Conservation Division \| \| 5 \| Gurgaon \| Ditto \| C. - Payment of Rewards Rules Regulating the payment of rewards to certain Revenue, Police and Forest Officers ### 1. All Revenue Officers below the Rank of Tehsildars and all Police Officers up to and including Inspectors, all Forest Officers below the rank of Extra Assistant Conservators and Forest Officer Clerk and messengers, as well as persons who are not public servants are eligible for rewards under these rules. ### 2. On conviction of an offender, or on directing the confiscation of property under section 56, the Magistrate by whom the case has been decided is authorised to grant such reward and in such proportions as he may think fit, to any person or persons who have contributed to the seizure of the property confiscated, or the conviction of the offender; provided that the total amount of the reward shall not exceed the estimated value of the property confiscated plus the amount of any fine imposed. ### 3. If in any case the fine and the proceeds of the property confiscated cannot be immediately realized, the Magistrate deciding the case shall at once pay the reward (provided that it does not exceed Rs. 100). If in any case the Magistrate considers that more than Rs. 100 should be distributed as rewards, he shall distribute Rs. 100 at once, and shall submit his recommendation for a larger reward, through the Conservator of Forests concerned, for the orders of the Punjab Government, giving seasons for the same. ### 4. In case the Magistrate has not at his disposal a fund out of which the reward can be paid, or in the case of an order of confiscation where by law the Forest Officer takes charge of the property, the Forest Officer of the Division shall on requisition furnish the Magistrate with the necessary funds. ### 5. In any case the rewards shall be paid within the limit and under the sanction provided in rule 6, even though the fine may not have been realized. In cases in which the Forest Officer has furnished the funds under the rule, the fine on recovery be paid over to him. ### 6. If after payment of the reward the conviction is reversed in appeal, the amount paid away in reward shall not be recovered from the persons to whom it has been paid unless it shall appear that they have acted fraudulently in the case. ### 7. In cases where, under section 67 of the Indian Forest Act, a Forest Officer has accepted a sum of money as compensation for any damage which may have been committed, the Conservator of Forests concerned may authorise the payment of a portion of the amount realized (not exceeding three-fourths) as a reward to any person or persons who may have contributed to the discovery of the offender. D. - Shooting, Hunting and Fishing Rules General rules regarding shooting, hunting and fishing in Reserved and Protected Forests under section 25(i) and section 31(i) of Act, VII 1878. ### 1. The setting of snares and traps, the use of small-mesh nets to catch, or of dynamite to destroy fish, and the poisoning of water, are prohibited. ### 2. Hunting or shooting with elephants and with large parties of beaters is prohibited. ### 3. The Conservator of Forests may declare and publicly notify any Reserved or Protected Forests or portion of such forest to be altogether closed against hunting, shooting and fishing for such periods as may be necessary when it is desirable in his judgment so to close such forest or portion of forest. [Rules to regulate shooting and hunting in all Reserved and Protected Forests of every class in the Kangra District under Clause (j) of Section 32, Clause (d) of Section 76 and Clause I (i) of Section 2 of the Indian Forest Act, 1927.] [Vide Punjab Government Notification No. 530-Ft., dated 27.5.1939.] ### 1. Short title. - These rules shall be called "Rules for the regulation of shooting and hunting in the forests of the Kangra District." Extent. - These rules shall apply to all reserved and protected forests of every class in the Kangra District. Definition. - In these rules the term "big game" denotes the following species of mammalia :- \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| SI. No \| English name \| Scientific name \| Kangra name \| Kulu name \| \| 1 \| 2 \| 3 \| 4 \| 5 \| \| 1. \| Himalayan Ibex \| Capra sibirica \| Tangrol \| Katorol Tangrol (Spiti) , Skin (Lahaul) \| \| 2. \| Tahr \| Hemitragus \| Kart \| Kart Korth (M) . \| \| \| \| Jemlaicus \| Meshi (F) \| Bakri (F) \| \| 3. \| The great Tibetan sheep or Nyan or Argali, misnamed Ovis ammon by sportsmen \| Ovis, hodgsoni (Ovis ammon hodgsoni) \| \| Nian. \| \| 4. \| The Blue Wild Sheep or Bharal \| Ovis Nahura (Pseudois nahoor) \| \| Miatu. \| \| 5. \| The Himalayan Goat Antelope or Serow \| Nemorhaedus bubalinus (Capricornis sumatrenis) \| Goa \| Yamu., Emu. \| \| 6. \| Goral \| Cemes goral (Nemorahedus goral) \| Pij Ban Bakri Ghrorrur \| Ban Bakri Gurrar, Ghoral, Ghurral, Gudh. \| \| 7. \| \* \| \* \| \* \| \* \| \| 8. \| Hog Deer \| Cervus porcinus(Hyelaphus porcinus) \| Para \| \| \| 9. \| Barking Deer or Muntjac \| Cervulus muntjac (Muntiacus muntjak) \| Kakar \| Kakar \| \| 10. \| Musk Deer \| Moschus moschiterus \| Kastura Taunsa Bina \| Bina, Kastura Raonwi (F.) Ranwhin (F.) \| \| 11. \| Blue Bull and Nilgai \| Boselphus Tragocamelus \| Nilgai, Bangai, Raj \| \| \| 12. \| Brown Bear or Snow Bear \| Ursus arcots isabellinus \| Brahbo Lagru \| Rotta Bhalu., Rata Balu., Bhird., Brabhu. \| Note - Names given in brackets in column 3 are latest classification taken from Lydekker's Fauna. ### 2. Prohibition of snares traps and nets. - The setting of the Jul or Jhal net or any other traps, nets or snares is absolutely prohibited. Provided that this rule does not apply to the traping of musk deer, or the snaring of goshawks and sparrow hawks, which are governed by rule 7, or to the trapping and snaring or otters against which there is no restriction. ### 3. Prohibition of driving in snow. - The driving and killing of big game in snow is absolutely prohibited. ### 4. Big game licences. - The shooting of big game is absolutely prohibited, except under a licence to be granted by the Divisional Forest Officers. Provided that no officers, British or Gurkha, serving with any Gorkha Regiment station for the time being in Dharamsala, shall be required to take out a licence under this rule, except for the purpose of shooting big game in the Kulu Sub-Division or Bara or Chota Banghal. Such officers will, however, be subject to the prohibitions and restrictions contained in the provision to Rule 6 below, and will not be entitled to shoot big game in areas closed to sport by the Conservator of Forests. ### 5. Free Licences. - The Conservator of Forests may, at his discretion, grant a fixed number of free licences every year to enable serving riflemen and non-commissioned officers of any Gurkha Regiment stationed in Dharmsala to shoot big game in the Kangra District, excluding Aara and Chota Banghal and the Kulu Sub-Division . These licences will be issued in the name of the Commanding Officer of the battalion concerned and will be subject to the conditions mentioned in rule 6. ### 6. Big game licences. - The following licence fee will be charged :- \| \| \| \| \| --- \| --- \| --- \| \| \| \| Rs. \| \| Kulu \| .. \| (a) 30 (for animals other than brown bear). \| \| \| ... \| (b) 40 (for the brown bear in addition to other animals) \| \| Lahaul \| .. \| 30 \| \| Spiti \| .. \| 30 \| \| Bara Banghal \| .. \| 30 \| \| Chota Bhangal \| .. \| 30 \| \| Rest of Kangra \| .. \| 5 \| Except for the Kangra District, these fees includes a deposit of Rs. 10 which will be refunded when the licensee returns his licence, duly completed, to the Divisional Forest Officer. The holder of any of these licences will be permitted to shoot big game in any forest not closed to sport by the Conservator of Forests subject to the persons mentioned in Schedule III of the Punjab Wild Birds and Wild Animals Protection Act, 1933, provided that the licensee does not kill (a) more than the numbers of animals specified below or (B) immature specimens, or (c) females other than she-bears, or (d) she-bears with cub or cubs. \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| (1) \| Ibex or Tangrol (Capra sibirica) \| 1 \| (Kulu and Chota Banghal. No head to measure less than 30") \| \| \| \| 2 \| (Lahaul and Bara Banghal. No head to measure less than 30"). \| \| \| \| 3 \| (Spiti. No head to measure less than 30"). \| \| (2) \| Nyan Ovis Hodgson (Ovis ammon hodgsoni) \| 1 \| (Minimum head 38"). \| \| (3) \| Bharal (Ovis nahura) Pseudois nahoor \| 2 \| (Kulu and Lahaul. Minimum head 20"). \| \| \| \| 4 \| (Spiti, Minimum head 20"). \| \| (4) \| Goral (Cemes goral) Nemorhaedus goral \| \3 \| (with minimum length of horn 4 inches, 1313-Ft., dated 11th July, 1944. \| \| (5) \| Tahr and Kart (Hemitragus jemlaicus) \| 2 \| (Minimum head 10"). \| \| (6) \| Serow or Yamu (Nemorhaedus bubalinus) (Capricornis sumatrensis) \| 1 \| (No limits). \| \| (7) \| Barking deer (Cervulus muntjac (Muntiacus muntjak) \| \2 \| (With minimum length of horn 4 inches, including pediceli) \| \| (8) \| Brown bear (Ursus arctos isabellinus) \| 1 \| (except in Bara Banghal where 2 may be shot only when without cub or cubs) \| \| (9) \| \Hog deer (cervus pornicus) (Axix axis) \| 1 \| (With minimum length of 12 inches). \| \Substituted by Punjab Government Notification No. 1314-Ft., dated 11.7.1914. ### 7. Musk deer, hawks. - The shooting of musk deer both male and female, is prohibited, and no such animal may be taken except as provided by the terms of the Forest Settlement, or under licence of the Assistant Commissioner, Kulu Sub-Division. The taking or sharing of goshawks and sparrow-hawks is prohibited except under terms of the Kulu and Kangra Forest Settlements and in the case of the Kulu Forest Settlement under licence of the Assistant Commissioner, Kulu. All such licences issued for the trapping and snaring of musk-deer or of goshawks and sparrow-hawks shall specify the kind of trap or snare to be employed other than the jul, which is prohibited by rule 2, and the manner in which it is to be set. ### 8. Special permission as to licences. - Licences to shoot big game will remain in force for twelve months from 1st January of the year of issue and are not transferable. Every licence must be returned to the office of issue within a fortnight of the date of its expiry or earlier and the licence- holder must endorse upon it the number and kind of big game killed. The Conservator of Forest may (a) in the case of residents of Kulu other than officials, issue a family licence to cover shooting by all members of the family of the holder residing in his house, and (b) in the case of officers travelling on duty issue a temporary permit for a period not exceeding 30 days on payment of Rs. 5. The, number of animals which may be killed under a family licence is restricted to the number fixed in rule 6. ### 9. Application for licences. - Applications for licences should the sent by registered post to the Divisional Forest Officer, Kulu, or to the Divisional Forest Officer, Kangra Forest Division [or to the Divisional Forest Officer, Kangra Forest Societies Division] [Inserted by Punjab Government Notification No. 660-F., dated 13.3.1944.] , according to the locality in which it is proposed to shoot. Applicants for a shooting licence in Kulu should state whether they require either an (a) licence or a (b) licence mentioned in rule 6. The Conservator of Forests may at his discretion limit the number of licences to be in force at any one time. Note - Bare Banghal and Chota Banghal are in Kangra [Forest Societies] [Inserted by ibid.] Division; Lahaul and Spiti are in Kulu Division. All forests lying west of Banghal are in Kangra Division. ### 10. Employment of shikaris. - All holders of licences to shoot big game in Kulu and Lahaul must employ a Shikari registered on the list of shikaris maintained in the Divisional Forest Office at Kulu. A copy of this list will be sent to each person with this licence. The Divisional Forest Officer Kulu, may at his discretion refuse to enter any name on this register, and may strike off any name therefrom. No man not so registered may be employed as a shikari. The yearly registration fee is Re. 1, in exchange for which a badge and certificate will be issued. ### 11. Penalties. - Breaches of these rules are punishable under sections 26(i) and 33 of Act XVI of 1927. ### 12. Rights of the Rai and Rupi. - Nothing in these rules shall be deemed to interfere with the recorded "sporting rights" of the Rai and Rupi within the limits of his own jagir. ### 13. Sheep killers. - Nothing in these rules shall prevent the destruction of any brown beer known to be a sheep killer, either in defence of property or life or with the written permission of the Divisional Forest Officer. ### 14. A list of forests closed to all sport by the Conservator of Forests shall be published in the official gazette, and a copy attached to all licences issued. Copies shall also be hung up in the offices of the Deputy Commissioner and the Divisional Forest Officer. ### 15. A licence may be cancelled at any time by the officer granting it, or by the Conservator of Forests. Any breach of the Forest Act, or of any rule made under the Act, if committed by the holder of the licence or any of his retainers or followers, shall render the licence liable to cancellation. Licences are liable to be declared invalid in regard to any particular forest or in case of interference with forest work. ### 16. The holder of a licence is not exempted from liability under the Forest Act or any other law for anything done in contravention of such Act or law, or for any damage caused by him, his retainers or followers. Note. - Sections 26(1) (i) and 33(1)(h) of the Forest Act prescribe penalties for breach of these rules and section 68 of that Act empowers the Divisional Forest Officer to compound any such breach on payment of a sum of money. Big Game Licence Forest Department, Punjab \| \| \| \| --- \| --- \| \| No. \| of \| Licence issued under rules made by Government notification No. \| \| \| \| --- \| --- \| \| (Forests) \| dated \| In consideration of payment of Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ permission is hereby hereby granted to \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ to shoot big game within the \| \| \| --- \| \| Government forests of\| KuluKangra\| for the period of twelve months from the \_\_\_\_\_\_\_\_\_\_\_\_ subject to the conditions noted on the reverse. \| (Signature) Dated the \_\_\_\_\_\_\_\_\_ 19 . Divisional Forest Officer, \_\_\_\_\_\_\_\_\_ Division Note. - In the case of a family permit enter names of all members of the family. (To be filled in by licence-holder) I certify that the number of big game shot by myself between the \_\_\_\_\_\_\_\_\_\_\_ and the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ had been \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ and the I have strictly carried out the conditions attaching to this licence. (Signature) Dated \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ the \_\_\_\_\_\_\_\_\_\_\_\_\_\_ 19. Reverse (Conditions under which this licence is issued) (1) This licence can only be used by the persons named therein. (2) This licence must be produced on the demand of any Forest Officer or Police Officer or Magistrate. (3) It is valid only for the forest area entered therein. (4) The holder shall not shoot more than the specified number of animal viz :- (5) He will not shoot the female of any species except red bear. (6) He will not shoot in any area closed to sport by the Conservator of Forests. (7) No refund of fees will be granted except in special circumstances (including "recall from leave") to be determined by the Conservator of Forests. (8) The holder of this licence is personally responsible for any infringement of its conditions or of the Indian Forest Act or rules made under this Act, and in the event of any such infringement in addition to forfeiting the licence renders himself liable to penalties under the Forest Act that may be in force. Note. - If any forest or shooting rule has been infringed, this is to be stated on the margin. [Rules to regulate the hunting and shooting in the Kalesar Reserved Forest in the Ambala District under Clause (i) of Section 26 and Clause (d) of Section 76 of the Indian Forest Act, 1927.] [Vide Punjab Government Notification No. 537-Ft., dated 27.5.1939.] These rules may be called "Rules to regulate hunting and shooting in the Kalesar reserved forest in the Ambala District". Definition. (1) In these rules the term "big game" denotes the following species of animals :- \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| (1) \| Tiger \| ...... \| Felis tigris. \| \| (2) \| Leopard \| ..... \| Felis pardusr \| \| (3) \| Sambhar (cervus unicolor) \| ..... \| Rusa unicolor \| \| (4) \| Chital (cervus axix) \| ..... \| Axis axis \| \| (5) \| Barking Deer or Kakar (cervulus muntjac) \| ..... \| Muntiacus muntjak \| \| (6) \| Goral (Cemus goral) \| ..... \| Memorhaeus goral \| \| (7) \| Pig \| ..... \| \| (2) In these rules the term "small game" denotes the species mentioned in the schedule of rule 2 of "Punjab Forest Small Game Rules". ### 2. Omitted as not applicable to Haryana \* [Rules to regulate the hunting and shooting of and the setting of traps and snares for the capture of Small Games in the Punjab under Clause (j) of Section 32 and Clause (d) of Section 76 of the Indian Forest Act, 1927.] [Vide Punjab Government Notification No. 534-Ft., dated 27.5.1939.] ### 1. Short title and extent. - These rules shall be called the "Punjab Forest Small Game Rules, 1939". They apply to all reserved and protected forests of every class in Punjab (other than those in which special sporting rights have been recorded under the Forest (Settlements) . ### 2. Definitions. - In these rules the term "small games" denotes the following species:- \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Serial No. \| Scientific name \| English name \| Vernacular name \| Period during which the shooting of game under licence is permitted \| \| 1 \| 2 \| 3 \| 4 \| 5 \| \| 1. \| Crocopus Phoenicopeterus \| The Green Pigeon \| Kandeil, harrial kokla, latta, nilsar guggu, guya \| \| \| 2. \| Sphenocercus sphenrus \| The Wedge tailed Green Pigeon \| \| \| 3. \| Columba livia \| The Blue Rock Pigeon \| Kabutar \| 15th September to 15th March \| \| 4. \| Columba rupestris \| The Blue Hill Pigeon \| \| 5. \| Columba penas \| The Eastern Stock Pigeon or Dove \| Salara kabutar Kamarkular \| \| \| 6. \| Columba leuconota \| The while bellied or Snow Pigeon \| Bhusli, bujul, Ahujriapia, charan, luku \| \| \| 7. \| Dendrotreren hodgsonnii \| The Speckled Wood Pigeon \| Kamlowa, Chittal \| \| \| 8. \| Streptopetia \| Refous Turtle Dove \| Kamlowa, Chittal Kabutar Kabutar, Laber \| \| \| 9. \| Columba palumbus \| The Eastern Wood Pigeon or Ring dove \| Dhond, Kabutor \| 15th September to 15th March \| \| 10. \| Streptopelia Chineusis \| The Indian Spotted dove \| Ghugi, fakhta tottru, chhota fakhta \| \| 11. \| Streptopelia decaocto \| The Indian Ring dove \| Ghuggu, fakhta, ghaggil, panduk, geyrra \| \| \| 12. \| Pavo oristasus \| The Common Peafowl \| Mor, manjha bodar \| 15th September to 1st March \| \| 13. \| Gullus bankiva \| The Common Red Jungle fowl \| Jangli murghi ban kukar kukar \| \| 14. \| Catreus wallichit \| The Chir Pheasant \| Chir chrihi cheman chair \| \| \| 15. \| Cereornis macrolophus \| The Pukras or Koklas Pheasant \| Koklas, khwakta, phokrns plachh Khwakah \| \| \| 16. \| Gennaeus hamiltonli \| The white-crested Kali \| Khosle, halij, kalesha \| 1st October to 15th March \| \| 17. \| Lophophoros impejanus \| The Impeyan Pheasant or Monal \| Monal, karrari, nil, bod, narel, neroala, nilwal \| \| \| 18. \| Tragopan melanocephalus \| The Western Horned Pheasant \| Phulgar, jaji, jijurana, jowar \| \| \| 19. \| Perdicula asiatica \| The bush quai \| Lowal, lawa, batol, batoli, choonuk \| 15th September to 15th March \| \| 20. \| Arborophil torqueolo \| The Hill Partidge \| Piora, pimera, pahari titar ban titar \| \| \| 21. \| Alectoria groeca \| The Chukar or Chikor \| Chukor, chukra onakur, khonk, kanuk kakh chahru \| \| \| 22. \| Ammoperdix griseogularis \| The See see Partidge \| Sisi, sasi, sussi, kakki, chaukla \| 15th September to 1st March \| \| 23. \| Francolinus francolinus \| The Black Patridge \| Kala titar, koddi titar \| 1st November to 1st March vide Government Notification No. 430-C, dated 2nd February, 1937 \| \| 24. \| Francolinus pondicerianus \| The Grey Patridge \| Titar, titur, bagga titar patila \| \| 25. \| Tetraogallus himalayensis \| The Himalayan Snow Cock \| Golind, golannd, lip lipya \| \| \| 26. \| Tetracgallus tibetanus \| The Tibetan Snow Cock \| Golind, golaund gourkagu \| 1st October to 15th March \| \| 27. \| Lerwa lerwa \| The Snow \| Ram chakru, Ram chukor, tillu, doedu, chakru \| \| \| 28. \| Turnix macumieri \| The tittle Button Quail \| Lawa, chhota, Lawa \| 15th September to 1st March \| \| 29. \| Turnix \| The Indian Botton Quail \| \| \| \| 30. \| Scolopax rusticola \| The Wood Cock \| Simkukri, jalakri jul kukri, smukukri \| 15th September to 15th March \| \| 31. \| Capella nemoricolo \| The Wood Snipe \| Burru chaha, Sun kukri, chanh Jalakri \| \| \| 32. \| Capella solitaria \| The Eastern Solitary Snipe \| \| \| 33. \| Capella gallinago \| The Common of Fantial Snipe \| \| \| \| 34. \| Capella stenura \| The Pin-tail Snipe \| Chah, jalakri \| 15th September to 1st April \| \| 35. \| Capella media \| The Great Snipe \| \| \| \| 36. \| Lymnocryptes minima \| The Jack Snipe \| Chota chaha \| \| \| 37. \| Rostratulo bengalensis \| The Painted Snipe \| Rangila chaha, chabarcha \| \| \| 38. \| Lepus ruficaudatus \| The Common Indian Hare \| Khargosh, seru, charru susya sasu, seha, saiyah sahu \| 15th September to 31st March \| \| 39. \| Lepus hypsibius \| The Upland Hare \| Ditto \| \| ### 3. The snaring, trapping and netting of small game is prohibited. ### 4. The shooting of small game is prohibited except as provided for in rule 6 and in column 5 of the schedule to rule 2. ### 5. No person shall destroy or take the eggs or nests of any small game without the permission of the Divisional Forest Officer concerned. ### 6. A licence, for which the sum of Rs. 5 will be charged will permit the holder to shoot small game in any forest not closed to sport by the Conservator of Forests subject to the seasons mentioned in column 5 of rule 2. This licence shall be valid for the period 15th September to 15th March. Such licence may be granted by the Divisional Forest Officer of the division in which the licensee intends to shoot. ### 7. Any person, who holds a licence to shoot big game in the Kangra District, shall be entitled to a shoot small game, in the forests within this area, without a small game licence subject to the seasons mentioned in column 5 of rule 2. ### 8. The Conservator may, from time to time, limit the number of small game licences to be issued and the maximum number of each kind of game to be shot by the holder of a licence in one day, and may from time to time prohibit shooting in any particular forests or the shooting of any particular kind of small game for a period not exceeding three years with the concurrence of the Deputy Commissioner. ### 9. Shooting of roosting birds is strictly prohibited. ### 10. The holder of a licence under these rules may use dogs for the purpose of flushing and retrieving birds and hares. ### 11. Nothing in these rules shall be deemed to interfere with the recorded sporting rights of jagirdars within the limits of their own jagirs. ### 12. A licence may be cancelled at any time by the officer granting it, or by the Conservator of Forests. Any breach of the Indian Forest Act, 1927, or of any rule made thereunder if committed, by the holder of a licence or any of his retainers or followers, shall render a licence liable to cancellation. Licences are liable to be declared invalid in respect of any particular forest in the case of fire breaking out in any part thereof or in the case of interference with forest work. ### 13. The holder of a licence is not exempted from liability under Forest Act or any other law for anything done in contravention of such Act or law, or for any damage caused by him, his retainers or followers. E. - River Rules Rules regulating launching, collection and rafting of timber and the registration of timber property marks, under section 41 of the Act XVI of 1927. ### 1. Unless there is anything repugnant in the subject or context the word 'timber' used in these rules shall be deemed to refer to the timber of deodar, kail, chil, spruce and sliver fir and not to timber of other trees. Other words used in these rules and defined in the Indian Forest Act, 1927, shall be deemed to have the meaning respectively assigned to them by the said Act. ### 2. No person having launched his timber, or set it afloat on any river, shall collect the same, except :- (a) at the permission, in writing, of the Forest Officer in charge of the Forest Division; (b) at the places which such officer may publicly notify as places at which such collection shall ordinarily be made. ### 3. No person shall raft, or otherwise convey, any timber which has been collected on any river without first obtaining a pass from such the Forest Officer in charge of the Forest Division in which such river is situate, or from such subordinate Forest Officer as the officer-in-charge of the Forest Division may authorize in that behalf. Such pass shall show the number of logs or pieces, the kind of timber, the marks indicative of the owner's property therein, the place of its destination, and the time for which it shall remain in force. It may specify that the timber may be stopped for examination at certain places to be named in the pass, and the Forest Officer may require the measurements of the timber (when such is practicable) and its estimated value to be entered. No pass shall be issued for any unmarked timber, or for such timber as bears a mark not registered as hereinafter provided : Provided, that when any reason having timber in transit on a river, at the date of the publication of these Rules, applies for a pass for such timber within six months from such date, such pass may be granted, though the marks on such timber have not been registered. Any Forest Officer may require any person rafting or conveying timber as aforesaid, to produce the pass for the same at any time. No person shall be entitled to raft or convey timber by virtue of a pass which he does not himself hold, but which is, or is stated to be, in the hands of some other person. In the event of the pass not being produced, the Forest Officer may detain the timber. In the event of the time mentioned on the pass as that for which it shall remain in force having expired before arrival at its destination of the property covered by the pass, the Forest Officer in charge of the division may extend the period during which the pass shall be further valid for such time as he may think proper at a charge not exceeding 25 per cent of the fees chargeable under Rule 5. Any right-holder in Kangra District, who has obtained timber for the construction of his house or farm buildings in accordance with his rights thereto under the Kangra and Kulu Forest Settlements or cut in his own land may convey such timber by a direct route across the Beas river and its tributaries without a pass. ### 4. No person is permitted to deposit any timber for which a pass has been applied, but not yet issued, so close to the water's edge so as to endanger its being carried away by a rise in the river before the pass is issued. ### 5. [ For the issue of the pass a fee not exceeding four annas for each log or piece of round timber and two annas for each sawn or axe cut scantling may be levied on such rivers and at such places as the Chief Conservator of Forests may from time to time direct.] [Punjab Government Notification No. 31, dated 6.1.1942.] ### 6. (1) No person without the written permission of the Forest Officer in charge of the division, - (a) cut, move, conceal, mark or alter or efface any mark on any timber while in transit or adrift on any river, or while stranded on any bank or island of any river, or (b) saw or cut up timber or burn timber for the manufacture of charcoal, bricks, lime or surki on any river used for floating purposes, or on any island of such river, or at any place on either bank of the main stream of such river which is within a distance of three miles from such bank at its cold season level, provided that the permission required shall be assumed to have been given if a man applies by a registered letter (Acknowledgement due) addressed to the Divisional Forest Officer concerned and receives no orders within one calendar month from the date of the receipt of the acknowledgement certificate of the registered letter. This Rule 6(1) (b) shall not apply to any areas which are within the limits of any Municipality or Cantonment, nor to any pieces of unmarked, unsawn timber which are less than two feet in girth and fourth feet in length, provided that no person shall cut up timber in order to reduce it below this size. And it shall not apply to any areas on the downstream side of the following places :- Jagadhri on the Jumna River. Harike at the Junction of the Sutlej and Beas Rivers. [-] [Places now in Pakistan - omitted.] (2) Every written permission granted under clause (1) shall specify the place at which alone it may be acted upon, and may contain such conditions as to the previous inspections of the timber and as to other matters as the Forest Officer may consider necessary. (3) Once a building has been constructed, or is so far constructed that the wood cannot be examined without dismantling, then no inspection of the wood shall be made except by order of a Magistrate duly empowered, nor shall any house be searched except on the authority of search warrant duly signed by a Magistrate. ### 7. All persons wishing to float or otherwise convey timber by any river shall register, at the Forest Office of the Division to which the control of the river pertains, the mark or marks which indicate their proprietary right in such timber. A registration fee of five rupees shall be payable for every separate mark so referred; and if the number of marks exceed three, the said fee shall be ten rupees for each mark. ### 8. In the case of persons having at the date of the publication of these Rules timber in transit on any river, a period of six months from such date shall be allowed within which the timber marks existing at such date on such timber in transit may be registered. Subject only to the provisions of Rule 10, the Forest Officer shall, during such period, be bound to register all such marks as owners of timber can show to his satisfaction to have been already made use of and put on their timber previously to the publication of these Rules; but no such owner shall be entitled to register any new or additional marks without the special permission of the Forest Officer. ### 9. In the case of persons not having, at the date of the publication of these Rules, timber or other forest produce in transit on any river marked with several different marks the registration of one mark only shall be permitted, unless permission be given for any special reason to register more than one. ### 10. No person shall be allowed to register a mark already registered in favour of another person nor any mark used by Government; and the Forest Officer may refuse registration of any mark which in his judgment so closely resembles a mark used by Government or registered in favour of any person, as to be easily producible by altering such marks. ### 11. Every registration under these Rules shall hold good for three years following the 1st of January next after the date of registration. A certificate, showing the marks registered, the date of registration, the period for which it holds good, and acknowledging the payment of the fees, shall be given to every person registering his mark or marks. ### 11. -A. (1) Notwithstanding anything contained in the foregoing rules - (a) temporary property marks, for special consignments of timer to be transported by water, may be registered by the Forest Officer-in-charge of the Division to which the control of the river pertains, or, with the written permission of such Forest Officer, by the River Range Officer; (b) such registration shall be made under such conditions as the Conservator of Forests may from time to time direct; (c) a fee of eight annas shall be payable for every separate mark so registered; (d) every such registration shall hold good for three months only from the date of the registration; and (e) no temporary property mark is required for any timber of a right-holder in the Kangra District which is used in such circumstances or conveyed in such a manner as shall exempt such right-holder from the necessity of obtaining a pass under rule 3. (2) Rule 10, and the second paragraph of Rule 11, of the foregoing rules shall have effect in the case of every registration made under this rule. ### 12. Any person infringing any provision of these Rules shall be punished with imprisonment of either description, which may extend to six months, or with fine which may extend to five hundred rupees, or with both. Rules under section 41(f) and (g) of Act VII of 1878 for the prevention and removal of any obstruction in the rivers. Published vide Punjab Government Notification No. 14548, dated 9th May 1921 ### 1. Prohibition of obstructions in rivers and licences for booms or weirs. - No person other than an authorised officer of Government, shall close or obstruct the channel of any river used for the transit of timber, except under and in accordance with the conditions of a special licence permitting the erection of a boom, weir or irrigation band. Such licence may be issued by the Deputy Commissioner or the Divisional Forest Officer permitting the erecting of a boom, weir or irrigation band. ### 2. Prevention and removal of obstructions on banks and in the channel of a river and recovery of cost thereof. - (1) Any Forest Officer may prevent any acts likely to cause obstruction on the banks or in the channel of any river used for the transit of timber or other forest produce and the Divisional Forest Officer may cause to be removed any obstruction which has not been erected or caused by or with the permission of an authorised officer of Government under the authority of a special licence. (2) The cost of such prevention or removal may be recovered by the Divisional Forest Officer from the person causing the obstruction by proceedings under section 81 of the Act as if the amount were an arrear of land revenue. ### 3. Regulations regarding interference with irrigation bands. - Where the whole or partial removal of any irrigation or water mill band has been ordered by the Divisional Forest Officer under the provisions of these rules, that officer shall safeguard the interests of the right-holders as far as possible. No irrigation or water mill band may be opened for a period exceeding twelve hours during any one day. ### 4. The owner or the contractor in charge of the timber in transit shall before the expiry of the period of twelve hours mentioned in the next preceding rule, - (i) ensure a flow of water into any irrigation or water mill channel breached under these rules by closing the breach in a manner sufficient for this purpose. (ii) at his own expense make all necessary repairs to irrigation or water mill channels to which damage due to his timber operation has been caused. ### 5. Compensation to be paid to right holders for damage done to bands or for loss due to shortage of water. - The amount of compensation due on account of any loss incurred by the interference with the customary rights or irrigation or of water mills shall be assessed by the Deputy Commissioner and shall be paid by the owner of the timber or the floating contractor to the person concerned. Forest Department Punjab\_\_\_\_ Forest Division No.\_\_\_\_\_\_ Rafting Fees \_\_\_\_\_\_Depot Date of issue\_\_\_\_\_\_\_ 19\_\_\_. Date of expiry\_\_\_\_ 19\_\_\_. Property Mark :- Fees payable Rs\_\_\_as\_\_\_pies\_\_Date of payment\_\_\_ 19\_\_. (Rupees\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_) \| \| \| \| --- \| --- \| \| Signature of Officer receiving payment \| (Name) \_\_\_\_\_\_\_\_\_\_\_\_ \| \| \| (Rank) \_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| 1 \| 2 \| 3 \| 4 \| 5 \| \| Name and description of timber \| Estimated value \| Rafting fees payable \| Depots at which fees payable and timber to examined \| Remarks \| \| Name of owner \| Amount \| \| Kind No. \| Dimensions \| Cub. Contents \| Rs. \| A.P. Rate \| Unit Rs. \| A.P. \| Name of Depositor \| Signature of Examining Officer \| Depots where pass will be given up and timber passed out \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| \| Signature of Issuing Officer \| \| Name \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Rank \_\_\_\_\_\_\_\_\_Depot\_\_\_\_\_\_\_\_\_ \| \| Period of Renewal \| \| Renewing Officer \| \| \| From \| To \| Name \| Rank \| Charge \| Remarks \| \| \| \| \| \| \| \| Rules regulating the collection of drift timber and payment of salvage fees under section 51 of the Act VII of 1878 Published vide Punjab Government Notification No. 411 dated 19.8.1879, No. 84 dated 26.1.1912, 372 dated 7.12.1916 and 19805 dated 3.7.1926. ### 1. Whenever on any river, owing to flood or otherwise, timber has passed the place or all the places where it would ordinarily be caught and brought under control, or has after being brought under control, broken loose, and is consequently adrift or stranded below, the Forest Officer in charge of the Forest Division in which such river is situate may, instead of collecting such timber himself, under section 45 of Act VII of 1878, grant permission in writing to the owner or owners to collect such timber. ### 2. The permission shall specify the kind of timber, the marks it should bear, the destination or manner of the disposal when collected and the time for such permission shall hold good. ### 3. No person shall, without such permission, cut up, remove, conceal, burn, mark, or efface or alter any mark of marks on or sell or otherwise dispose of any such timber. ### 4. The Forest Officer in charge of the Division may authorize zaildars, lambardars, or other respectable persons to salve timber which is adrift at any point on the river below the last catching place, and may cancel such authority. For every log salved and taken to any drift timber depot notified by the Forest Officer under section 45 of the Act, the following salvage rates shall be payable, either to the authorized salver or to the Forest Officer, as the case may be :- \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| Rs. \| A. \| P. \| \| [For every log of deodar of 8 feet in girth and over \| 1 \| 8 \| 0 \| \| For every log of deodar of 5 feet in girth and over \| 0 \| 12 \| 0 \| \| For every log of deodar under 5 feet in girth \| 0 \| 6 \| 0 \| \| Sleepers and scantlings \| 0 \| 6 \| 0 \| \| each] \| Salvage rates authorized for deodar shall be the authorized rates for all species of timber. For salvage of scraps or firewood, one-fourth of the pieces collected in kind. The Forest Officer in charge may fix any higher rate, not exceeding [three times] [Substituted by ibid for 'twice'.] above the rates, for salving on any portion of the river where such salving is unusually difficult or dangerous. Nothing in this rule shall be held to prevent the Forest Officer contracting with such salvers to raft the timber at certain places at rates agreed on by the parties, and no salvage rate shall be claimable in addition to any rate paid under such contract. F. - Forest Rules of General Application Rules for the unclassed forest or waste lands belonging to Government, under sections 52 and 50-B of the Punjab Lands Act, IV of 1872. ### 1. (1) This Rule, Rules 2 to 9 (both inclusive) and Rule 17 apply in the first instance to all waste lands which are of the Government in the local areas mentioned in the Schedule, except - (a) protected and reserved forest; (b) lands under the control of the Military, Canal or Railway authorities; (c) lands under the control of District Boards and Municipal Committees; (d) encamping-grounds; (e) Government lands to which any special rules having the force of law under any Act for the time being in force in the Punjab, apply; (f) lands included within the area of any cultivating lease, or which have been allotted under the Government Tenants (Punjab) Act, 1893. But the said rules may be extended to lands of classes (c) and (d) by special order of the Punjab Government published in the official Gazette. (2) Rules 10 to 26 may be extended to any other local area by special order of the Punjab Government in the official Gazette. ### 2. In these rules - (a) "Cattle" includes, besides horned cattle, camels, horses, asses, mules, sheep, goats, and the young of such animals. (b) "Collector" means the Collector of the district, and any person on whom the powers of a Collector have been conferred under section 27 of the Punjab Land Revenue Act, XVII of 1887. (c) "Forest Officer" means any officer of the Forest Department in charge of a Forest Range, and includes any person appointed by the Collector or by the Conservator of Forests, Punjab, to discharge all or any of the functions given by these rules to the Forest Officer. (d) "Farmer" means a person to whom the right to collect fees for the pasturing of cattle or to cut wood or grass or to remove fuel or any other natural product of any land to which these rules apply, has been issued by the Collector. (e) "Graze" includes "browse". ### 3. Save as hereinafter provided in Rule 10, no person shall pasture cattle, cut wood or sajji plants or grass, or gather fuel or any other natural product in the above-mentioned lands, except - (i) under the authority of law in accordance with the conditions of a licence granted by the Collector or Forest Officer; or (ii) with the permission of a farmer and in accordance with the conditions of such farmer's lease. ### 4. Every licence granted under rule 3, clause (i) , shall be in writing and signed by the Collector or Forest Officer, and shall state - (a) the nature, extent and duration of the rights thereby conferred; (b) the consideration paid or to be paid by the licence holder; (c) the special conditions, if any, on which the licence is granted. ### 5. (1) Every lease granted to a farmer shall be in writing signed by the Collector and the farmer, and shall state - (a) the nature, extent and duration, which shall in no case exceed five years, of the rights thereby conferred; (b) the consideration paid or to be paid by the farmer; and (c) the special conditions, if any, on which the lease is granted. (2) Every such lease shall include - (a) in case where the consideration-money is payable by instalments, a statement as to the amount of the said instalments and the dates on which they will fall due; (b) in cases where the lease relates to the right of grazing - (1) a specification of the maximum grazing dues which the farmer may lease; and (2) a clause providing that the farmer shall not, without the written permission of the Collector, transfer the lease or close any portion of the leased area to grazing by any cattle in respect of which grazing dues are tendered under Rule 6; and (c) in all cases a clause providing that, if the leased area or any part thereof is at any time required by the Government for public purposes, the lease shall be terminable on payment to the farmer of reasonable compensation to be assessed by the Collector. ### 6. (1) The owners of cattle grazing on any lands to which these rules apply shall pay to the Collector or Forest Officer, or to the farmer as the case may be, fees according to a scale fixed from time to time by the Financial Commissioner for each district. Provided that no fee shall be charged for any sheep or goat less than six months old, or for any other animal less than one year old. (2) The fees to be charged for licences to cut wood, sajji plants or to gather fuel or any other natural product in any lands to which these rules apply shall be fixed from time to time by Commissioner of the Division and shall be paid by the licence-holder to the Collector or Forest Officer or such other person as may be authorised by the Collector in this behalf or to the farmer, as the case may be. ### 7. The Punjab Government may in respect of any local area exempt from all or any of the provisions of these rules any person or class of persons and any cattle or description of cattle. ### 8. Every licence-holder and every farmer shall be bound by the conditions stated in the licence or lease, as the case may be, granted to him, and every person acting under Rule 3, clause (ii) , shall be bound by the conditions of the lease granted to the farmer. ### 9. (1) In case of any breach of the provisions of Rule 8, the Collector may, at his discretion cancel the licence or lease, and thereupon the licence- holder or farmer and every person acting under the Rule 3, clause (ii), shall forfeit all claims to any produce or wood which at the time of the cancellation of the licence or lease has not been removed from the land to which the licence or lease applies. (2) On the cancellation of a licence or lease under sub-section (1) the licence-holder or farmer shall not be liable for any fees outstanding on the produce or wood so forfeited; but he shall have no claim to refund of dues already paid, he shall not be thereby discharged from his liability for the payment of other dues in arrears or of instalments overdue under the terms of his licence or lease at the date of the forfeiture. ### 10. (1) The Collector may with the previous sanction of the Financial Commissioner, make an agreement on behalf of Government with the whole community of cattle-owners residing in any estate to pay such an annual assessment, by way of commutation for grazing dues, as may be agreed upon between the Collector and such community. (2) Such assessment shall not, without the sanction of the Punjab Government, be made for a period exceeding five years and when such an assessment has been concluded and recorded in such manner as the Financial Commissioner shall direct, no person comprised in such community of cattle- owners shall be liable to separate assessment in respect of any cattle belonging to him and grazing during the period mentioned in such agreement on lands to which these rules apply within the limits of the tract regarding which the agreement is made. (3) Similar agreements may, under the orders of the Financial Commissioner, be entered into between the Collector on behalf of the Government and associations of cattle owners, in respect of the cattle owned jointly or severally by the members of such associations. (4) For the purposes of this rule, the consent of persons owning two-thirds of the cattle belonging to a community or association as aforesaid shall be deemed to be the consent of all the cattle-owners of such community or association. ### 11. If the cattle-owners of any community or association, which has accepted an assessment made under rule 10, prove to the satisfaction of the Collector that the owner of any cattle, in respect of which the assessment was made, has with his cattle left that community or with another association in the same district which has accepted a similar assessment, payable by the former community or association and enhance the assessment payable by the latter community or association proportionately to the number and description of cattle removed from the one and added to the other. ### 12. The Collector may require the headman of any community association of cattle-owners with which an agreement is in force under Rule 10 to furnish him with a nominal roll of the cattle-owners belonging to such community or association showing the number and description of the cattle owned by each. ### 13. Disputes arising among the cattle-owners of any community or association which has accepted an assessment made under Rule 10, regarding the incidence as among themselves of the assessment, shall be decided by the Collector, whose order shall be final. ### 14. (1) All sums due under an assessment made under rule 10 shall be payable at such times and places and to such persons as the Financial Commissioner shall direct. (2) The amount assessed under Rule 10 shall be collected by lambardars of estates headmen associations of cattle-owners, or by such other persons as the Collector may appoint, and such lambardars headmen, or other persons shall levy grazing dues from the cattle-owners in accordance with rates which shall be fixed by the Collector so as not to exceed in the aggregate the total assessment and to apportion the incidence thereof among the cattle-owners as nearly as may be in proportion to the number and kind of cattle owned by each. (3) If the amount of the grazing dues leviable under this rule from a cattle-owner belonging to any community or association which has accepted an assessment under Rule 10 is not paid by such cattle-owner or by some other person on his account when duly demanded, the Collector may entirely rescind the agreement made under Rule 10, in respect of such community or association. ### 15. The persons authorised under Rule 14 to collect the assessment shall be entitled to a drawback not exceeding 5 per cent on all sums paid by them into the Government Treasury on account of such assessment. ### 16. Three per cent of the net collections, after deducting sums payable under Rule 15, shall be credited to the District Patwari Fund and shall be expended, under the orders of the Financial Commissioner, in remunerating the establishment maintained, and in paying the contingent charges incurred, in connection with the assessment and collection of grazing duties. ### 17. Any person acting in contravention of any of these rules shall be liable, on a first conviction, to simple imprisonment for a term which may extend to one month, or to fine not exceeding Rs. 100, or to both; and on a subsequent conviction under this rule within three years of the first to imprisonment for a term which may extend to six months, or to fine not exceeding Rs. 300, or to both. Schedule 2 ------------ Local areas to which rules 1 to 9 Rule 17 apply. \| \| \| \| --- \| --- \| \| Hissar \| District \| \| Rohtak \| " \| \| Karnal \| " \| Rules regulating the firing of land near Reserved Forests under section 25(b) of Act VII of 1878 Published vide Punjab Government Notification No. 437, dated 3.10.1904. ### 1. No person shall set fire to any forest grass land within one mile of a Reserved Forest without giving notice to the Divisional Forest Officer or such other official of the Forest Department as may be authorised by the Divisional Forest Officer to permit such firing and obtaining the permission, in writing, of such officer and then only subject to such conditions, restrictions and precautions as that officer may impose. ### 2. Any person desirous of burning on land within 100 yards of a Reserved Forest, cut wood, grass, weeds or other cut materials, shall collect such cut material into heaps and fire them in such a way as not to endanger the Reserved Forest.
65b96642ab84c7eca86e9061	acts	State of Bihar - Act ---------------------- Bihar Legislature (Members' Pay, Allowances & Pension) Rules, 2010 -------------------------------------------------------------------- BIHAR India Bihar Legislature (Members' Pay, Allowances & Pension) Rules, 2010 ==================================================================== Rule BIHAR-LEGISLATURE-MEMBERS-PAY-ALLOWANCES-PENSION-RULES-2010 of 2010 -------------------------------------------------------------------------- * Published on 2 June 2010 * Commenced on 2 June 2010 Bihar Legislature (Members' Pay, Allowances & Pension) Rules, 2010 Published vide Notification No. - P.A. - 1/V.M., Mis. - 11/2008 (part) -1054., 2nd June, 2010, Bihar Gazette (Extraordinary) No. 360, dated 10 June, 2010 No. - P.A.-1/V.M., Mis. - 11/2008 (part) -1054. - Power conferred under Section 8 of the Bihar Legislature (Members' Pay, Allowances and Pension) Act, 2006 (Act No. 16 of 2006), Governor of Bihar, for amendment in the Bihar Legislature (Members' Pay, Allowances and Pension) Rules, 2006 frames the following Rules:- ### 1. Short name and commencement. - (i) This Rule may be called as the Bihar Legislature (Members' Pay, Allowances & Pension) Rules, 2010. (ii) It will come in force from the date of its Gazette Notification. ### 2. Substitution of Rule 17(4) of Bihar Legislature (Members' Pay, Allowances and Pension) Rules, 2006. - Rule 17(4) of the said Rules shall be substituted by the following:- "(4) Ex-member of the Bihar Legislature will be entitled to journey on railway coupon with One-co-traveller in First class A.C./Second class A.C./Third class A.C./Sleeper class compartment up to rupees 75,000/- in a year:" Provided that, such Ex-member who is employed in Central Government/ any State Government recognized any University even then he will be entitled to journey by railway coupon as mentioned above: Provided further that, he can not draw travelling allowance/daily allowance from his University/College for the same journey; he will have to give an undertaking to that effect to the Secretary of Bihar Legislative Assembly/Bihar Legislative Council as the case may be and his Employment Authority.
65b99b1cab84c7eca86e96f6	acts	State of Haryana - Act ------------------------ Haryana Urban Development Authority (Conduct of Meetings) Regulations, 1977 ----------------------------------------------------------------------------- HARYANA India Haryana Urban Development Authority (Conduct of Meetings) Regulations, 1977 ============================================================================= Rule HARYANA-URBAN-DEVELOPMENT-AUTHORITY-CONDUCT-OF-MEETINGS-REGULATIONS-1977 of 1977 --------------------------------------------------------------------------------------- * Published on 7 June 1977 * Commenced on 7 June 1977 Haryana Urban Development Authority (Conduct of Meetings) Regulations, 1977 Published vide Notification Haryana Government Gazette Part 3, dated 7.6.1977 ### 1. Short title. - These regulations shall be called the Haryana Urban Development Authority (Conduct of Meetings) Regulations, 1977. ### 2. Definitions. - In these regulations unless there is anything repugnant in the subject or context - (a) `Authority' means the Haryana Urban Development Authority. (b) `Agenda' means the item of business proposed to be transacted at a Meeting. (c) `Chairman' means the Chairman of the Authority. (d) `Chief Administrator' means the Chief Administrator of the Authority. (e) `Member' means a member of the Authority. (f) `Minutes' means the record of proceedings of a meeting of the Authority. (g) `Presiding Authority' means the Chairman or in his absence the Vice Chairman or such other Member chosen to preside by the Members present at the meeting. (h) `Quorum' means the minimum number of members of the Authority/Committee whose presence is essential for the proper or valid transaction of business at a meeting. (i) `Secretary' means Secretary of the Authority. ### 3. Holding of Meetings. - The Authority may hold a meeting either ordinary or special for the transaction of business, adjourn and or regulate it and its proceedings as deemed fit, provided, however that an ordinary meeting shall be held once at least every 3 months. There shall ordinarily be not, an interval or more than 90 days between any two successive meetings. ### 4. Who may call a meeting. - The Chairman may, at any time, and shall on receipt of written request of two third of the number of members actually serving for the time being, convene a meeting of the Authority, provided that the special meeting shall be called by the Chairman alone, whenever there is an urgent matter for consideration at such a meeting. ### 5. Date, time and place of Meeting. - The meeting of the Authority shall normally be held at the head office of the Authority during office hours. The exact date, time and place of each meeting shall be fixed by the Secretary of the Authority with the prior approval of the Chairman. ### 6. Quorum. - The quorum for every meeting of the Authority shall be one third of the number of members actually serving for the time being but shall not, in any case, be less than four. The quorum for a meeting of the Committee shall, however, be three members except where the total number of members in a Committee is itself three, the quorum shall be two. ### 7. When quorum not present at a meeting. - (i) If within fifteen minutes from the time appointed for the meeting, a quorum is not present, the meeting if convened on the written request of the members as laid down under Regulation 4, shall be dissolved, but in any other case shall stand adjourned to any future day or to any hour of the same day, as the Presiding Authority may determine and announce at the time of adjournment. If at such adjourned meeting, a quorum is still not present within 15 minutes from the time appointed, the meeting shall stand dissolved. (ii) When the quorum has once been constituted and the business of the meeting properly started, it shall continue, unless some member objects and calls the attention of the Presiding Authority to the absence of quorum. In such circumstances, the Presiding Authority would make a count and if there is no quorum within next fifteen minutes, he shall adjourn the meeting to any future day or to any hour of the same day, as he may determine. The procedure thereafter shall be as prescribed in Regulation 7(i). ### 8. Power to adjourn meeting. - The Presiding Authority may, if he thinks it necessary or expedient, and shall, if so directed by the meeting, adjourn the meeting from time to time and place to place, but no business shall be transacted at the adjourned meeting other than the business left unfinished at the meeting which had been adjourned. When an adjourned meeting is to be held within 48 hours, it shall not be necessary to give a fresh notice. A notice shall be sent to all the members in the case of a regular meeting. ### 9. Decisions in a meeting in which quorum is present. - All questions or items at such a meeting shall be decided by a majority of votes, of the members present and voting and in case of equality of votes, the member presiding shall have a second or casting vote. ### 10. Who shall preside at the meeting. - The Chairman shall preside at every meeting, or in his absence, the Vice-Chairman and if there be no Chairman or Vice-Chairman, present, then any one of the members present, whom the members present may elect, shall preside. ### 11. Agenda for meetings. - The agenda for each meeting of the Authority shall be prepared by the Secretary, on the basis of the proposals received from the Chief Administrator. Before any item is included in the Agenda, the Secretary shall ensure that the item has been approved for inclusion by the Chief Administrator. Each item to be included in the agenda should be self- explanatory. If approval of the Authority is required on any item by calculation, approval of the Chief Administrator shall be obtained by the Secretary before circulation of that item. ### 12. Notice for the meeting. - (i) At least seven days' notice in writing for an ordinary meeting shall be given to each member by the Secretary. An extra- ordinary meeting could, however, be convened at 24 hours' notice. A copy of the agenda for meeting shall also be sent to the members either with the notice or as soon thereafter as possible, but at least 3 days before the ordinary meeting. (ii) If any member is out of India, or is otherwise not in a position to attend the meeting, the service of notice on such a member may be dispensed with by the Secretary with the prior approval of the Chief Administrator, provided that if any member is present without issue of notice, the proceedings of such meeting shall not be challenged on the ground of non- issuance of notice. (iii) A notice shall be deemed to be duly served, if it is sent within the prescribed time limit to the member personally by hand or by post at the registered address communicated by the member in writing to the Authority. ### 13. Constitution of Committee. - The authority may appoint Committees and Sub-committees consisting of such members as it may think fit and with such powers and functions as it may specify. ### 14. Participation of non-members in the deliberation of the meeting of the Authority. - (i) The Chairman's all have power to invite in a meeting any person(s) whose assistance or advice is considered necessary. Such person(s) shall have the right to attend such meeting of the Authority and to take part in their deliberations, but not the right to vote. (ii) The Secretary and any other officer(s)/official(s) of the Authority permitted by the Chairman shall attend the meeting and shall furnish or explain any information as may be asked by the Authority. The Secretary will participate in the discussion as and when required, but shall have no right to vote. ### 15. Recording and confirmation of minutes. - (i) Minutes shall be kept of the names of the members present and of the proceedings at each meeting in a book to be provided for the purpose, which shall be signed at the next ensuing meeting by the person presiding at such meeting, and shall be open to inspection by any member during office hours. (ii) The proceedings of each meeting shall be prepared by the Secretary, after approval and signatures of the Presiding Authority, the proceedings shall be duly kept by the Secretary in his personal custody. (iii) No person shall be entitled to object to the text of the minutes of any meeting unless he was present at the meeting to which they relate. ### 16. Removal from membership. - The State Government may remove, from office of any member - (i) who, without excuse, sufficient in the opinion of the State Government, is absent for more than four consecutive meetings of the Authority. (ii) who has, in the opinion of the State Government so abused his position as a member as to render his continuance on the Authority detrimental to the interest of the Authority.
65b91acfab84c7eca86e84f5	acts	State of Uttar Pradesh - Act ------------------------------ U.P. Prison Administration and Reforms Department Engineering (Gazetted) Service Rules, 2006 ---------------------------------------------------------------------------------------------- UTTAR PRADESH India U.P. Prison Administration and Reforms Department Engineering (Gazetted) Service Rules, 2006 ============================================================================================== Rule U-P-PRISON-ADMINISTRATION-AND-REFORMS-DEPARTMENT-ENGINEERING-GAZETTED-SERVICE-RULES-2006 of 2006 ------------------------------------------------------------------------------------------------------- * Published on 9 January 2007 * Commenced on 9 January 2007 U.P. Prison Administration and Reforms Department Engineering (Gazetted) Service Rules, 2006 Published vide Notification No. 77/22-1-2007-216-90, dated 9th January, 2007 and published in the U.P. Gazette (Extraordinary) , Part 4, Section (Ka), dated 9th January, 2007 In exercise of the powers conferred by the proviso to Article 309 of the Constitution and in supersession of all existing rules and orders on the subject, the Governor is pleased to make the following rules regulating recruitment and the conditions of service of persons appointed to the Uttar Pradesh Prison Administration and Reforms Department Engineering (Gazetted) Service: Part I – General ------------------ ### 1. Short title and commencement. (1) These rules may be called the Uttar Pradesh Prison Administration and Reforms Department Engineering (Gazetted) Service Rules, 2006. (2) They shall come into force at once. ### 2. Status of the service. - The Uttar Pradesh Prison Administration and Reforms Department Engineering (Gazetted) Service is a service comprising Group 'A' and Group 'B' posts. ### 3. Definitions. - In these rules, unless there is anything repugnant in the subject or context,- (a) "Act" means the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994; (b) "appointing authority" means the Governor; (c) "citizen of India" means a person who is or is deemed to be a citizen of India under Part-II of the Constitution; (d) "Constitution" means the Constitution of India; (e) "Government" means the State Government of Uttar Pradesh; (f) "Governor" means the Governor of Uttar Pradesh; (g) "member of the service" means a person substantively appointed under these rules or the rules or orders in force prior to the commencement of these rules to a post in the cadre of the Service; (h) "other backward classes of citizens" means the backward classes of citizen specified in Schedule-I of the Act, as amended from time to time; (i) "Service" means the Uttar Pradesh Prison Administration and Reforms Department Engineering (Gazetted) Service; (j) "substantive appointment" means an appointment, not being an ad hoc appointment, on a post in the cadre of the service, made after selection in accordance with the rules and, if there were no rules, in accordance with the procedure prescribed for the time being by executive instructions issued by the Government; (k) "year of recruitment" means a period of twelve months commencing on the first day of July of a calendar year. Part II – Cadre ----------------- ### 4. Cadre of Service. (1) The strength of the service and of each category of posts therein shall be such as may be determined by the Government, from time to time. (2) The strength of the service and of each category of posts therein shall, until orders varying the same are passed under sub-rule (1), be as given below : \| \| \| \| \| --- \| --- \| --- \| \| Serial No. \| Name of Post \| Number of Posts \| \| Permanent \| Temporary \| Total \| \| 1. \| Executive Engineer \| 1 \| - \| 1 \| \| 2. \| Assistant Engineer \| 1 \| - \| 1: \| Provided that- (i) the appointing authority may leave unfilled or the Governor may hold in abeyance any vacant post, without thereby entitling any person to compensation, or (ii) the Governor may create such additional permanent or temporary posts, as he may consider proper. Part III – Recruitment ------------------------ ### 5. Source of recruitment. - Recruitment to the various categories of posts in the service shall be made from the following sources : (1) Executive Engineer.-By promotion through the Selection Committee from amongst substantively appointed Assistant Engineers who have completed five years service as such on the first day of the year of recruitment: Provided that if no suitable or eligible person is available for promotion, the post may be filled by transfer of service in accordance with the policy laid down by the Government. (2) [ Assistant Engineer.-By promotion through the Selection Committee from amongst substantively appointed Junior Engineers and Computer operators who have completed ten years service as such on the first day of the year of recruitment: Provided that if suitable or eligible persons are not available for promotion, the post may be filled by transfer of service in accordance with the policy laid down by the Government.] [Substituted by Notification No. 2575/22-1-2007-216-90, dated 21st September, 2007 and published in the U.P. Gazette (Extraordinary) , Part 4, Section (Ka), dated 21st September, 2007.] ### 6. Reservation. - Reservation for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories shall be in accordance with the Act, as amended from time to time, and the orders of the Government in force at the time of the recruitment. Part IV – Procedure For Recruitment ------------------------------------- ### 7. Determination of vacancies. - The appointing authority shall determine the number of vacancies to be filled during the course of the year of recruitment as also the number of vacancies to be reserved for the candidates belonging to Scheduled Castes, Scheduled Tribes and other categories under Rule 6. ### 8. Procedure for recruitment by promotion. (1) Recruitment by promotion to the posts of Assistant Engineer and Executive Engineer in the service shall be made on the basis of the criterion laid down in the Uttar Pradesh Government Servants Criterion for Recruitment by Promotion Rules, 1994, as amended from time to time, through the Selection Committee constituted in accordance with the provisions of the Uttar Pradesh Constitution of Departmental Promotion Committee for Posts outside the purview of the Service Commission Rules, 1992, as amended from time to time. Note.-Nomination of officers for giving representation to the Scheduled Castes, Scheduled Tribes and Other Backward Classes of citizens in the Selection Committee shall be made in accordance with the order; made under Section 7 of the Act, as amended from time to time. (2) The appointing authority shall prepare eligibility lists of the candidates in accordance with the Uttar Pradesh Promotion by Selection (on Posts Outside the Purview of the Public Service Commission) Eligibility List Rules, 1986 as amended from time to time, and place the same before the Selection Committee along with their character rolls and such other records, pertaining to them, as may be considered proper. (3) The Selection Committee shall consider the cases of candidates on the basis of the records, referred to in sub-rule (2) and, if it considers necessary, it may interview the candidates also. (4) The Selection Committee shall prepare a list of selected candidates in order of seniority as it stood in the cadre from which they are to be promoted and forward the same to the appointing authority. Part V – Appointment, Probation, Confirmation and Seniority ------------------------------------------------------------- ### 9. Appointment. (1) The appointing authority shall make appointment by taking the names of candidates in the order in which they stand in the lists prepared under Rule 8. (2) If more than one order of appointment are issued in respect of any one selection, a combined order shall also be issued, mentioning the names of the persons in order of seniority as it stood in the cadre from which they are promoted. ### 10. Probation. (1) A person on substantive appointment to a post in the service shall be placed on probation for a period of two years. (2) The appointing authority may, for reasons to be recorded, extend the period of probation in individual cases specifying the date up to which the extension is granted : Provided that, save in exceptional circumstances, the period of probation shall not be extended beyond one year and in no circumstance beyond two years. (3) If it appears to the appointing authority at any time during or at the end of the period of probation or extended period of probation that a probationer has not made sufficient use of his opportunities he may be reverted to his substantive post, if any, and if he does not hold a lien on any post, his services may be dispensed with. (4) A probationer who is reverted or whose services are dispensed with under sub-rule (3) shall not be entitled to any compensation. (5) The appointing authority may allow continuous service, rendered in an officiating or temporary capacity in a post included in the cadre or any other equivalent or higher post, to be taken into account for the purpose of computing the period of probation. ### 11. Confirmation. (1) Subject to provisions of sub-rule (2) a probationer shall be confirmed in his appointment at the end of the period of probation or the extended period of probation if- (a) his work and conduct is reported to be satisfactory, and (b) his integrity is certified. (2) Where, in accordance with the provisions of the Uttar Pradesh State Government Servants Confirmation Rules, 1991, confirmation is not necessary, the order under sub-rule (3) of Rule 5 of those rules declaring that the person concerned has successfully completed the probation shall be deemed to be the order of confirmation, ### 12. Seniority. - The seniority of persons substantively appointed in any category of posts in the service shall be determined in accordance with the Uttar Pradesh Government Servants Seniority Rules, 1991, as amended from time to time. Part VI – Pay Etc. -------------------- ### 13. Scales of pay. (1) The scales of pay admissible to persons appointed to the various categories of posts in the service shall be such as may be determined by the Government from time to time. (2) The scales of [pay] [See now Revised Pay Scale.] at time of the commencement of these rules are given as follows : \| \| \| \| --- \| --- \| \| Name of Post \| Scales of pay \| \| 1. Executive Engineer \| Rs. 10,000-325-15,200 \| \| 2. Assistant Engineer \| Rs. 8,000-275-13,500 \| ### 14. Pay during probation. (1) Notwithstanding any provision in the Fundamental Rules to the contrary, a person on probation, if he is not already in permanent Government service, shall be allowed his first increment in the time-scale when he was completed one year of satisfactory service, has passed departmental examination and undergone training, where prescribed, and second increment after two years service when he has completed the probationary period and is also confirmed. (2) The pay during probation of a person who was already holding a post under the Government, shall be regulated by the relevant fundamental rules. (3) The pay during probation of a person already in permanent Government service shall be regulated by the relevant rules, applicable generally to Government servants serving in connection with the affairs of the State. Part VII – Other Provisions ----------------------------- ### 15. Canvassing. - No recommendations, either written or oral, other than those required under the rules applicable to the post or service will be taken into consideration. Any attempt on the part of a candidate to enlist support directly or indirectly for his candidature will disqualify him for appointment. ### 16. Regulation of other matters. - In regard to the matters not specifically covered by these rules of special orders, persons appointed to the service shall be governed by the rules, regulations and orders applicable generally to Government servants serving in connection with the affairs of the State. ### 17. Relaxation from the conditions of service. - Where the State Government is satisfied that the operation of any rule regulating the conditions of service of persons appointed to the service causes undue hardship in any particular case, it may, notwithstanding anything contained in the rules applicable to the case, by order, dispense with or relax the requirements of that rule to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner. ### 18. Savings. - Nothing in these rules shall affect reservations and other concessions required to be provided for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other special categories or persons in accordance with the orders of the Government issued from time to time in this regard.
65b936fdab84c7eca86e89eb	acts	State of Odisha - Act ----------------------- The Orissa Requisitioning of Omnibuses Act, 1984 -------------------------------------------------- ODISHA India The Orissa Requisitioning of Omnibuses Act, 1984 ================================================== Act 11 of 1984 ---------------- * Published on 1 January 1984 * Commenced on 1 January 1984 The Orissa Requisitioning of Omnibuses Act, 1984 Orissa Act No. 11 of 1984 Published vide Orissa Gazette Extraordinary No. 914/30.6.1992-Notification No. 8670-LC-I-A-24/92-T./21.5.1992 w.e.f. 30.6.1992. An Act to provide for the requisitioning of Omnibuses for securing better and more coordinated passenger transport service in the State and for matters connected therewith Be it enacted by the Legislature of the State of Orissa in the Thirty-fifth Year of the Republic of India, as follows : ### 1. Short title, extent and commencement. (1) This Act may be called the Orissa Requisitioning of Omnibuses Act, 1984. (2) It extends to the whole of the State of Orissa. (3) It shall be deemed to have come into force on the 7th day of October, 1983. ### 2. Definitions. - ln this Act, unless the context otherwise requires- (a) "competent authority" means any person appointed by the Government, by notification, to perform the functions of the competent authority under this Act within such area as may be specified in the notification; (b) "Corporation" means the Orissa State Road Transport Corporation registered under the Road Transport Corporations Act, 1950 (64 of 1950); (c) "Government" means the State Government of Orissa; (d) "Omnibus" has the same meaning as assigned under Clause (18-A) of Section 2 of the Motor Vehicles Act, 1939; and (e) "owner" includes where the person in possession of Omnibus is a minor the guardian of- such minor and in relation to an Omnibus which is the subject of a hire purchase agreement, the person in possession of the vehicle under that agreement. ### 3. Power to requisition Omnibuses. (1) If in the opinion of the competent authority it is necessary or expedient so to do for providing better and more coordinated passenger transport service in the State or to most any emergency in the maintenance of such service, he may, by order in writing, requisition any Omnibus and may make such further orders as appear to it to be necessary or expedient in connection with the requisition. (2) After requisition of the Omnibus under Sub-section (1), the competent authority shall deliver possession of the same to the Corporation to operate the same for the purpose of passenger transport and the Corporation may use and deal with it in such manner as may appear to it to be expedient for the said purpose. (3) Without prejudice to any powers conferred by this Act any person authorised by a competent authority may enter any premises and inspect any Omnibus therein or thereon for the purpose of determining whether and if so in what manner any order under this section should be made in relation to such Omnibus or with a view to securing compliance with any order made under this section. (4) Save as otherwise expressly provided in this act any requisition made or order issued under the provisions of this Act shall be deemed to have been served on the owner, if it is served or the person having possession or control of the Omnibus and on receipt thereof the owner shall comply with the requisition or the order, as the case may be, forthwith. (5) When any owner or person having possession of control of the Omnibus refuses or avoids in any manner to receive the order or cannot be found after using all due and reasonable diligence, or is absent from his residence when the order is sought to be served on him and there is no likelihood of his being found at the residence within a reasonable time, affixture of the requisition or the order, as the case may be, on the outer door or some other conspicuous part of his residence in presence of two witnesses shall amount to sufficient service of the requisition or the order on the owner. (6) It shall be competent for the competent authority or the person authorised by him to take possession of the Omnibus, the materials and documents connected therewith and remove or cause the same to be removed if the owner or the person having possession or control over the Omnibus does not comply with the requisition or order of the competent authority. (7) While taking possession of an Omnibus either under Sub-section (4) or Sub-section (6) the competent authority or the person authorised by him in that behalf shall make an inventory of the Omnibus, materials and documents connected therewith in presence of the owner or the person having possession and control of the omnibus and two witnesses and obtain their signature thereon. Explanation. - Where the owner or the person having possession of control of the Omnibus refuses or avoids to be present at the preparation of the inventory or to sign it, such inventory prepared in the presence and under the signature of two witnesses shall be sufficient compliance of this sub-section. (8) The Corporation shall make all arrangements for garaging, maintenance and repair of every omnibus requisitioned and the cost shall be recoverable from the owner. ### 4. Release from requisition. (1) The competent authority may, at any time release from requisition any omnibus requisitioned under Section 3 and shall, as far as possible, restore the omnibus in as good a condition as it was when possession thereof was taken, subject only to the changes caused by reasonable wear and tear. (2) Where any Omnibus is to be released from requisition, the competent authority may, after such enquiry, if any, as it may in any case consider necessary to make or cause to be made, specify by order in writing to whom possession of the omnibus shall be given. (3) The delivery of possession of the requisitioned omnibus to the person specified in the order made under Sub-section (1) shall be a full discharge of the Government and the Corporation from all liability in respect of such omnibus and the requisition shall be at an end : Provided that nothing in this section shall prejudice any rights in respect of the Omnibus which any other person may be entitled to by due process of law to enforce against the person to whom the possession of the omnibus is so delivered. (4) Where the person to whom the possession of any requisitioned omnibus is to be delivered cannot be found and has no legal agent or other person competent to accept delivery on his behalf, the competent authority shall cause a notice declaring that the omnibus is released from requisition to be published in the Official Gazette. (5) When a notice referred to in Sub-section (4) is published in the Official Gazette, the omnibus specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof and the Corporation shall not be liable for any amount or other claims in respect of the Omnibus for any period after the said date. ### 5. Determination of amount. - Whenever any Omnibus is requisitioned under Section 3 there shall be paid to the owner thereof an amount which shall be determined by the competent authority on the basis of the fares or rates prevailing in the locality for the hire of such omnibus : Provided that where the owner of such omnibus is aggrieved by the amount so determined shall make an application to the Government within one month from the date the first payment is due and the State Government after giving him an opportunity for being heard shall determine the amount to be paid to the owner and the amount determined shall be final. ### 6. Payment of amount. - Any amount determined by the competent authority or Government, as the case may be, for requisitioning any omnibus shall be paid to the owner in such manner as the competent authority may by order so determine within the 10th day of the month following the month for which the amount is payable : Provided that where payment of the amount is delayed beyond the said date interest shall be payable on the amount or part thereof in arrear at the rate of nine per cent per annum from the date of default. ### 7. Payment of dues. (1) The competent authority may direct any owner to make payment or any tax or fee payable in respect of the omnibus under requisition within such date as may be specified in the order. (2) If the owner fails to pay such tax or fee within the date so specified, the competent authority may direct the Corporation to pay and recover the same by deduction from the amount payable to the owner. ### 8. Power to require information. - A competent authority may with a view to requisitioning any Omnibus or taking any action with respect thereto in pursuance of the provisions of this Act by order in writing- (a) require any person to submit to it within such time or at such interval as may be specified in that order such information or document in his possession relating to the omnibus as may be so specified being information and documents reasonably necessary for carrying into effect provisions in this Act; (b) direct that the owner or person in charge of the omnibus shall not without the permission of the competent authority dispose of it or remove it from the premises in which it is kept till the expiry of such period as may be specified in the order. ### 9. Penalty for contravention of orders. - If any person contravenes any order made under Section 3 or Section 8, he shall be punishable with imprisonment with a term which may extend to one year or fine not exceeding one thousand rupees or both. ### 10. Delegation of powers. - The powers conferred on the Government under such condition, if any, as may be specified in the direction, shall be exercised also by such officer as may be so specified. ### 11. Protection of action taken. - No suit or prosecution or other proceeding shall lie against any person for anything which is in good faith done or omitted to be done in pursuance of any order of rules made under this Act and no suit or legal proceeding shall lie against the Government or Corporation for any damage caused or likely to be caused by anything which is in good faith done or omitted to be done in pursuance of this Act or rules made thereunder. ### 12. Power to make rules. - The State Government by notification in the Official Gazette may make rules for carrying out the purposes of this Act. ### 13. Repeal and savings. (1) The Orissa Requisitioning of Omnibuses Ordinance, 1983 is hereby repealed. (2) Notwithstanding such repeal, anything done, any action taken or any notification or order issued shall be deemed to have been done, taken or issued under this Act.
65b9c612ab84c7eca86e9ef6	acts	State of Madhya Pradesh - Act ------------------------------- The M.P. Pariyojana Ke Karan Visthapit Vyakti (Punhsthapan) Adhiniyam, 1985 ----------------------------------------------------------------------------- MADHYA PRADESH India The M.P. Pariyojana Ke Karan Visthapit Vyakti (Punhsthapan) Adhiniyam, 1985 ============================================================================= Act 9 of 1985 --------------- * Published on 2 May 1985 * Commenced on 2 May 1985 The M.P. Pariyojana Ke Karan Visthapit Vyakti (Punhsthapan) Adhiniyam, 1985 (M.P. Act No. 9 of 1985 ) Received the assent of the President on the 2nd May, 1985; assent first published in the "Madhya Pradesh Gazette" (Extraordinary) , dated the 3rd May, 1985. An Act to provide for the resettlement of certain persons displaced from lands which are acquired for irrigation projects, power projects or public utility projects and for matters connected therewith or incidental thereto. Be it enacted by the Madhya Pradesh Legislature in the Thirty-sixth Year of the Republic of India as follows : Chapter I Preliminary -------------------------- ### 1. Short title and extent. (1) This Act may be called the Madhya Pradesh Pariyojana Ke Karan Visthapit Vyakti (Punhsthapan) Adhiniyam, 1985. (2) It extends to the whole of the State of Madhya Pradesh. ### 2. Definitions. - In this Act, unless the context otherwise requires,- (1) "affected zone" in relation to a project, means the land declared under Section 16 as constituting the area of affected zone under the project; (2) "agricultural land" includes,- (i) land used or usable for the purpose of agriculture; and (ii) land used for dairy farming, poultry farming, pisciculture, breeding of livestock and nursery growing medical herbs; and (iii) land used for well and hut. (3) "agricultural labourer" means a person normally resident in the affected zone for a period of not less than one year immediately before the declaration of the affected zone under Section 10 who does not hold any land in the affected zone but who earns his livelihood principally by manual labour on agricultural land therein immediately before such declaration and who has been deprived of earning his livelihood principally by manual labour on the land comprised in the affected zone; (4) "benefited zone" in relation to a project, means the land declared under Section 16 as constituting the area of benefited zone under that project; (5) "Code" means the Madhya Pradesh Land Revenue Code, 1959 (20 of 1959); (6) "Commissioner" means the Commissioner of the Revenue Division and includes an Additional Commissioner appointed under Section 15 of the Code in that division; (7) "to cultivate" means to carry on any agricultural operation on agricultural land and the expression "cultivation" shall be construed accordingly; (8) "displaced persons" means any tenure holder, tenant, Government lessee or owner of other property, who on account of acquisition of his land including plot in the abadi or other property in the affected zone for the purpose of the project, has been displaced from such land or other property; (9) "family" in relation to displaced person means the family of displaced person consisting of such person and his or her spouse, minor son, unmarried daughter, minor brother or unmarried sister, father and mother and other members residing with him and dependent on him for their livelihood; (10) "holding" means the total land held by a person as tenure holder, tenant or Government lessee; (11) "irrigation project" means the construction, extension or improvement of any work for the supply of water for the purpose of irrigation; (12) "land pool" means the land referred to in sub-section (3) of Section 14 which may be available for resettlement of displaced persons; (13) "project" means an irrigation project, a power project or a public utility project or any composite project of the above mentioned two or more projects in respect of which a declaration is made under Section 10; (14) "Project Resettlement Officer" in relation to project means an officer not below the rank of Tahsildar appointed by the State Government by an order in writing for that project for the purpose of this Act; (15) "power project" means construction, extension or improvement of any work for the production and supply of electricity or any work conducive to electrical development; (16) "public utility project" means any work of public utility other than irrigation project and power project, the construction, extension, improvement or development of which results in displacing persons from lands which may be used for such work; (17) "Resettlement Commissioner" means the Resettlement Commissioner appointed under Section 4; (18) Words and expressions used in this Act but not defined, shall have the meaning respectively assigned to them in the Code. Chapter II Resettlement Officer, Their Powers and Duties ------------------------------------------------------------- ### 3. Chief Controlling Authority in resettlement matters. - The Chief Controlling Authority in all matters connected with the resettlement of displaced persons shall vest in the Resettlement Commissioner subject to the superintendence, direction and control of the State Government. ### 4. Resettlement Commissioner and Project Resettlement Officer and Assistant Project Resettlement Officer. (1) For carrying out the purposes of this Act, there shall be a Resettlement Commissioner for the whole State, who shall be cither Secretary or Additional Secretary to the State Government or an Officer of a rank not below that of Deputy Secretary to the State Government as the State Government may, by order in writing specify. (2) The State Government may constitute an Advisory Board consisting of such number of persons not exceeding seven as it may deem fit to appoint to assist the Resettlement Commissioner in exercise of the powers and discharge of functions conferred or imposed upon him by or under this Act. (3) In each project, there shall be a Project Resettlement Officer who shall be the principal Executive Officer of the Project. There shall be as many Assistant Project Resettlement Officers as the State Government may appoint lo assist the Project Resettlement Officer. The Project Resettlement Officer and Assistant Project Resettlement Officer shall be appointed by the State Government. ### 5. Duties of Resettlement Commissioner. - Subject to the provisions of this Act, the Resettlement Commissioner shall be in overall charge of the resettlement programme of the State Government and shall implement the same within the frame work of the policy of the State Government relating to resettlement of displaced persons. ### 6. Duties of Commissioner. - Subject to the overall superintendence of the State Government and guidance of the Resettlement Commissioner, the Commissioner shall be in overall charge of the resettlement programmes, in his division and shall implement the same within the frame work of the policy of the State Government relating to resettlement of displaced persons. ### 7. Delegation of power and duties to subordinate officers. (1) The Resettlement Commissioner may, subject to the control of the State Government by an order in writing delegate such of the powers and duties conferred and imposed on him by or under this Act to such officer of the State Government as may be specified in the order. (2) The Project Resettlement Officer may, by an order in writing delegate such of the powers and duties conferred and imposed on him by or under this Act to such officers of local authority as may be specified in the order with the approval of Resettlement Commissioner. ### 8. Subordination of officers and servants. - For the purposes of this Act, the Project Resettlement Officer and all other officers and servants appointed under this Act shall be subordinate to the Commissioner and Resettlement Commissioner. ### 9. Constitution of Advisory Committee. - The State Government may constitute one or more Advisory Committees each consisting of not more than live members to assist the Resettlement Commissioner, Project Resettlement Officer or any other officer appointed for any of the purposes of this Act on such matters regarding the speedy resettlement of the displaced persons as may be referred to him or them. The composition of an Advisory Committee, the regulation of business, the allowances or fees, if any, to be paid to its members and all matters incidental thereto shall be such as may be prescribed. Chapter III Declaration of Project and Consequences to Ensue Therefrom --------------------------------------------------------------------------- ### 10. Declaration of project. (1) If the State Government is of opinion that it is necessary or expedient in the public interest so to do for the resettlement of displaced persons, it may, by notification, declare any irrigation project, power project or public utility project or any composite project thereof to be a project to which the provisions of this Act shall apply and specify therein, the villages or areas which are likely to be in the affected zone and benefited zone. (2) The declaration shall also be published in the villages or areas which are likely to be affected and benefited zones by beat of drums or otherwise, and by affixing a copy of the notification in some prominent place or places in the zones and in the office of the Gram Panchayat, if any, and also in the office of the Project Resettlement Officer. ### 11. Registration on transfer, sub-division or partition of land in benefited zone. (1) After the publication of a notification under Section 10 and until the Project Resettlement Officer makes a declaration to the effect all proceedings for the acquisition of land in the benefited zone are complete, no land in the village or areas specified in the notification aforesaid shall, notwithstanding anything contained in any law for the time being in force, be- (a) transferred, whether by way of sale (including sale in execution of decree or order of Civil Court or of an award or order of any competent authority) or by way of gift, exchange, lease or otherwise; (b) sub-divided (including sub-division by a decree or order of any Court or any other competent authority); or (c) partitioned (including partition by a decree or order of any Court or any other competent authority), without previous permission of the State Government obtained in such manner as may be prescribed. (2) The State Government may refuse to give permission if in its opinion the transfer, sub-division or partition of land is likely to defeat the object of this Act. (3) Any transfer, sub-division or partition of land made in contravention of sub-section (1) shall be void and inoperative. ### 12. Assessment of extent of land from which persons are likely to be displaced and census of displaced persons. (1) On the publication of the notification under Section 10 the Project Resettlement Officer shall, according to the provisions of this section and with reference to the position as existing on the dale of publication of the said notification :- (a) assess the extent of land from which persons are likely to be displaced; (b) take census in the villages or areas specified in the notification of persons who- (i) ordinarily reside; or (ii) hold agricultural land, abadi plot or other property; or (iii) are agricultural labourers and who in each case are likely to be affected by any project which is subject-matter of declaration under Section 10. (2) For the purpose of assessing the extent of land or taking census under sub-section (1), the Project Resettlement Officer may ask such questions to all persons concerned as he may deem necessary for the purpose, and record substance of information furnished by such persons. (3) Every person to whom any question is asked under sub-section (2) shall be legally bound to answer such question to the best of his knowledge or belief. A document giving such information or substance thereof signed by the person would be a conclusive proof of the correct position at the time of the census. (4) The Project Resettlement Officer shall provisionally declare the result of the assessment and census in the manner provided by sub-section (2) of Section 10. (5) The declaration under sub-section (4) shall invite objections to and suggestions for the matters included therein within a period of not less than thirty days from the date the declaration is first made under sub-section (4) as may be specified by the Project Resettlement Officer in this behalf. (6) On expiration of the period specified for inviting objections and suggestions, the Project Resettlement Officer shall, by notification publish the result of assessment and the census finally in the manner provided by sub-section (2) of Section 10. ### 13. Appeal. (1) Any person aggrieved by the inclusion or non-inclusion of any land or any name in the finally published result of assessment and census under sub-section (6) of Section 12 may prefer an appeal in a manner prescribed lo the Commissioner within thirty days of such final publication. The appeal memorandum shall be accompanied by such fees as may be prescribed. (2) The decision of the Commissioner in appeal which shall be heard as per procedure as may be prescribed, shall, be final and shall not be called in question in any Court of law. The Commissioner shall state points arising for determination in appeal and give reasons in brief in support of his decision. ### 14. Assessment of land available for resettlement. (1) The Project Resettlement Officer shall also assess the extent of land which may be available for grant to displaced person. The Project Resettlement Officer shall also indicate in such assessment, the location of such lands and of the area of extension of any existing abadi where resettlement of displaced persons may be made. (2) In selecting the site for abadi (hereinafter referred to as the new abadi) or, as the case may be, for extension of an abadi, the Project Resettlement Officer shall have regard to the following factors, namely :- (i) the proximity of alternative agricultural land (which may be earmarked for grant to the displaced persons) to the new abadi or as the case may be, to the extended part of the existing abadi (the distance between such agricultural lands and the new or the extended part of the existing abadi may ordinarily not exceed 8 km.); (ii) the availability of water resources in or in the vicinity of the new abadi or extended part of the abadi or possibility of striking water, if well is constructed in or in the vicinity of such abadi; (iii) access to road; (iv) suitability of land construction of houses; and (v) such other factors as the State Government may, by an order in writing, specify. (3) The Project Resettlement Officer shall draw up a list of lands which may be available for resettlement of the displaced persons and in doing so, may indicate the area which may be included in the benefited zone or which may be specified under Section 10. Such lands shall consist of- (a) Government waste lands, not reserved under Section 236 or Section 237 of the Code; (b) Government lands on banks of reservoirs on which there is a forest growth and which arc available or which may be available for cultivation after clearance of the forest growth; (c) Government forest lands which are available or which may be available for cultivation after deforestation; (d) lands which may be included in the benefited zone, or in any village or area to be specified under Section 10 or lands which are on the periphery of the affected benefited zone or the villages or areas so specified and which may be acquired under the Land Acquisition Act, 1894 (1 of 1894), in accordance with the provisions of Section 17; (e) lands acquired under Section 17; (f) any other lands vesting in the State Government and available for the resettlement of displaced persons. (4) For the purpose of making assessment under this section, the Resettlement Commissioner shall- (a) cause to be prepared an index map of submergence area which is likely lo be submerged showing the villages at different reservoir levels i.e.,- (i) for storage with gates; and (ii) for storage without gates; (b) cause lo be prepared the village maps indicating the submerged area, and the actual survey numbers which may be submerged; (c) cause to be collected information regarding- (i) the extent of land required for the project; (ii) the extent of land which is likely to be benefited by the project together with a list of survey numbers in each village. (5) The Project Resettlement Officer shall collect information regarding- (a) Government land, land on the periphery of the submerged area and land in the benefited zone including area benefited by other projects in the vicinity available for resettlement and which may have to be acquired under the provisions of Section 17 for resettlement; (b) details of persons affected by the project, such as the extent of the holding of the displaced persons, the extent or area therefrom to be acquired for the project, the number of structures to be acquired for the project and the number of members in the family of each displaced person; (c) the location of the new abadi or extension of the existing abadi preferably in consultation with the persons who are likely to be displaced on account of undertaking works relating to the project. (6) The Project Resettlement Officer shall send a copy of his assessment made under Sections 12 and 41 to the State Government through the Commissioner. ### 15. Provisional declaration of affected zone and benefited zone. (1) As soon as may be after the receipt of the copy of assessment under Section 14, the State Government shall, after such enquiry as it thinks fit, provisionally declare, by notification, and also in the manner provided by sub-section (2) of Section 10- (a) the area which is required for the project and thereby would be adversely affected by to under the project; (b) if the project is an irrigation project or is a composite project consisting of irrigation project and power project or any other project of public utility the area under the command of the project, which is likely to be benefited by the project; (c) the area in which it is proposed to resettle displaced persons including the area benefited by other projects in the vicinity; (d) the list of displaced persons. (2) The declaration under sub-section (1) shall invite objections to and suggestions for, the inclusion of any land in the area referred to in clause (a), clause (b) or clause (c) and consequentially for the inclusion of certain persons in the list of displaced persons referred to in clause (d) of sub-section (1) within a period of not less than thirty days specified in the notification. (3) A copy of the notification shall be sent to the Commissioner, Resettlement Commissioner and the Project Resettlement Officer who may make such suggestions relating to the notification as he thinks fit. ### 16. Declaration of affected zone and benefited zone and power to make changes in such zone. (1) The State Government shall after considering the objections and suggestions received within the period specified in the notification under Section 15, after giving reasonable opportunity to the persons affected by that notification to be heard, and after making such further enquiry as it may think fit, finally declare by notification and also in the manner provided in sub-section (2) of Section 10- (a) the extent of area which shall constitute the area of affected zone under the project; (b) if the project is a project falling under clause (b) of sub-section (1) of Section 15, the extent or area which shall constitute the area of benefited zone for the project; (c) the extent of area in which the displaced persons shall be resettled. (2) A copy of the notification shall be sent to the Commissioner and the Project Resettlement Officer. (3) II at any time during the course of execution of a project, the Project Resettlement Officer is satisfied that any change in the affected zone or benefited zone and the area in which the displaced persons are to be resettled is necessary, he shall communicate such change to the State Government through the Commissioner and the Resettlement Commissioner and shall likewise forward to the State Government Project Plans and particulars relating to the change. (4) On the receipt of the communication under sub-section (3), the State Government may after making such enquiries as it thinks fit, make provisional and final declaration in respect of such change in accordance with the provisions of Section 15 and this section. ### 17. Power to acquire land for purpose of this Act. (1) The State Government or any officer authorised by it in his behalf may enter into an agreement with any person for the purchase or exchange of any land required for carrying out the purpose of this Act. (2) Subject to the provisions of this section, the State Government may also for carrying out the purpose of this Act compulsorily acquire land under the Land Acquisition Act, 1894 (1 of 1894) and,- (i) the acquisition of any land for the said purpose shall be deemed to be public purpose within the meaning of the said Act; (ii) notwithstanding anything contained in Section 23 of that Act, the market value of the land at the date of publication of declaration under sub-section (1) of Section 10 shall be deemed to be market value for the purpose of determining the amount of compensation to be awarded for the land acquired. (3) Acquisition of land in an abadi site in the affected zone shall be subject in such restrictions as may be prescribed by the State Government. (4) For the purpose of resettlement of displaced persons on land the State Government may, subject to any rule in this behalf, acquire land from holdings in the benefited zone or from any village or area specified under Section 10 as far as practicable according to the provisions of the First Schedule. (5) All lands acquired under this section shall form part of the land pool. ### 18. Resettlement of displaced persons. (1) The State Government shall, as far as practicable and in accordance with the guidelines specified in sub-section (2), resettle the displaced persons in the benefited zone or at the option of such persons along the periphery of submerged areas : Provided that any displaced person who is not desirous of being resettled in the manner aforesaid in accordance with the provisions of this Act, but is desirous of retaining the compensation in whole receivable by him under the Land Acquisition Act, 1894 (1 of 1894) for the acquisition of his land or property in the affected zone may, by a declaration made to that effect in the manner and form prescribed, exercise his option to do so and thereafter he shall not be entitled to resettlement as aforesaid : Provided further that option once exercised shall be final and shall, in no circumstances be changed or allowed to be changed : Provided also that option exercised by a member of Scheduled Tribes shall not be effective unless it is endorsed by the Collector certifying that the option so exercised is in the interest of the member of the Scheduled Tribes. (2) The State Government shall, in resettlement of the displaced persons in accordance with sub-section (1) be guided by the following principles, namely :- (i) persons displaced on account of acquisition of his agricultural land in the affected zone other than those who exercise option for retaining compensation under the first proviso to sub-section (1) shall be resettled by allotment of irrigated land in the command area in the benefited zone or at the option of such person along the periphery of submerged areas; (ii) new land for abadi shall be given lo a displaced person in the following order of priority, namely :- I. abadi plots to all displaced persons; II. allotment of land lo small and marginal farmers; III. allotment of land to tribal and backward farmers. (iii) persons displaced on account of acquisition of their agricultural land who opt for retaining the compensation and who do not desire lo have land as in (i) above shall be resettled by payment of rehabilitation grant. (iv) persons displaced on account of compulsory acquisition of his land or of any right therein shall be paid unless otherwise expressly provided by or under this Act, compensation calculated as nearly as may be, in accordance with the provisions contained in the Land Acquisition Act, 1894 (No. I of 1894). (v) the compensation payable under clause (iv) shall be adjusted towards the market value of site or land or both as the case may be, which is allotted or is ordered to be allotted to the displaced person for his resettlement. (3) The State Government shall grant lo displaced persons rehabilitation grant, grant-in-aid and land to the extent and in accordance with the provisions of the Second Schedule. Explanation. - "Rehabilitation grant" means rehabilitation grant payable to displaced persons according to the provisions of the Second Schedule. ### 19. Appropriation of compensation payable to displaced persons under Act No. 1 of 1894. - Notwithstanding anything contained in the Land Acquisition Act, 1894 (1 of 1894), compensation for acquisition of the land to a displaced person shall not be payable to him except where he opts for retaining the compensation under the first proviso to sub-section (1) of Section 18 : Provided that where a displaced person does not opt for retaining compensation, the compensation payable to him shall be appropriated by the Project Resettlement Officer in such manner, as may be prescribed towards the cost of site or land granted to the displaced person under Section 24. Chapter IV Resettlement of Displaced Persons ------------------------------------------------- ### 20. Public notice calling upon displaced persons to state if they want land for resettlement. (1) The Project Resettlement Officer shall, as soon as may be after the assessment is made under Section 15, publish a public notice in the Official Gazette and also as provided by sub-section (2) of Section 10 calling upon the displaced persons in the affected zone to intimate to him in writing before the date specified in the notice (not being earlier than 60 days from the date of publication of notice in the Official Gazette) whether they require land for resettlement and if so, to submit to him in duplicate before the said date a statement containing the following particulars, namely :- (a) the area of land and the right in which it is held by each displaced person in the affected zone separately; (b) the area of land held by each displaced person, if any, in the benefited zone or outside that zone in any village or area specified under Section 10 as tenure holder, tenant or Government lessee; (c) the place of residence in the old abadi and whether the displaced person holds that place in any right; (d) choice of land for purpose of grant or for working thereon as agricultural labourer in the benefited zone, or in the village or area specified under Section 10 and choice of the land in new abadi or, as the case may be, in the extended part of the existing abadi. (2) The Project Resettlement Officer shall take particular care to ensure that the notice published under sub-section (1) is given as wide publicity as is possible and for that purpose he may render or cause to be rendered such assistance to the displaced persons to understand the contents of the notice as he thinks fit in the circumstances of each case. (3) A copy of the statement, received under sub-section (1) shall be sent lo the Resettlement Commissioner. ### 21. Project Resettlement Officers to prepare Draft Scheme of Resettlement. (1) For enabling the State Government to resettle displaced persons as required by Section 18, the Project Resettlement Officer shall, as soon as may be, on the basis of the statement received under Section 20 and on the basis of the assessment of land made under Section 12, prepare one or more draft schemes for the resettlement of the displaced persons. The scheme shall, contain the following particulars, namely :- (a) the extent of area included in the project indicating therein the area of the affected zone and the number of villages affected by the project; a plan indicating the area and villages therein shall be appended lo the draft scheme; (b) date of submergence of the holding under the water of the project; (c) a list of displaced persons (not being agricultural labourers or other persons carrying on any occupation in the affected zone or labourers or persons sustaining on forest near or around the affected zone) and the extent of land in their holding indicating the survey numbers thereof held by each person in the affected zone, and a list of agricultural labourers in such zone, and the extent of land held by them, if any, in that zone and the names of such persons on whose lands they have been earning their livelihood principally by manual labour; (d) a list of displaced persons (not being holders of land or agricultural labourers) being other persons carrying on any occupation in the affected zone of persons sustaining on forest near or around the affected zone; (e) the area of abadi in the affected zone and the names of the persons owning land therein and the extent of such land; (f) the number of facilities in the affected zone and the number of members in each family; (g) a list of persons benefited or likely to be benefited on the completion of the project, and the extent of land held by each person in the benefited zone; (h) the extent of land available from the benefited zones that would be irrigated by the lime the displaced persons arc required lo leave their lands, and from the villages and areas specified under Section 10 for resettlement of the displaced persons; (i) the names of the displaced person, the number of members in each family and the extent of land (with particulars of location) proposed to be granted to each displaced persons from the land pool; (j) the site of the abadi in the benefited zone, or the area of extension thereof or, as the case may be, the area where it is proposed to locate the new abadi thereon. A plan indicating the layout of the new abadi or extension of the existing abadi as aforesaid shall be appended to the draft scheme. The layout shall explain the public utilities, amenities and services and provision for nistar proposed to be provided or made, as the case may be, in new abadi or, as the case may be, in the extension of existing abadi. Explanation. - For the purpose of this clause, the expression "public utilities and amenities" includes provision for reservation of such extent of land for threshing ground and for cremation and burial ground in the resettled village as the rules may provide in that behalf, regard being had to the nature and type of threshing ground existing in the submerged village, the extent of land existing for cremation and burial purpose in the submerged village, the population of different communities and the availability of land for resettlement; (k) the names of displaced persons and the extent of land to be granted to each family for resettling in the new abadi or, as the case may be, in the proposed extension of the existing abadi; (l) the time-schedule for shifting the displaced persons in the affected zone to the new abadi or to the extended part of the existing abadi according to the submergence scheme of the project; (m) such other particulars as the Project Resettlement Officer may think fit to include for the information of the displaced person. (2) The draft scheme drawn up by the Project Resettlement Officer shall be submitted by him to the Resettlement Commissioner who may send it to the Advisory Board and the Project Resettlement Officer shall amend it according to the recommendations, if any, made by the Board. (3) The draft scheme shall State that Resettlement Commissioner shall afford facilities to the displaced persons to see for themselves, the agricultural lands proposed to be granted to them and the location of the new abadi or, as the case may be, the extended part of the existing abadi. (4) A copy of the draft scheme prepared under sub-section (1) shall be submitted to the Resettlement Commissioner and to the Commissioner by the Project Resettlement Officer. ### 22. Publication of scheme and sanctioning of scheme. (1) As soon as may be, after a copy of the draft scheme for resettlement is received under Section 21, the Resettlement Commissioner after considering the recommendations of the Advisory Board and after making such enquiries as he thinks fit, shall publish the draft scheme in the Official Gazette and also in the manner provided by sub-section (2) of Section 10. (2) The draft scheme shall call upon each of the displaced persons to send his objections and suggestions in writing to the draft scheme within 45 days from the date the draft scheme is published in the Official Gazette. (3) The Resettlement Commissioner may, after considering any objections or suggestions, duly received under sub-section (2) and after making such enquiries as he thinks fit, sanction the draft scheme with or without any modification and publish it in the Official Gazette and also in the manner provided by sub-section (2) of Section 10 : Provided that the draft schemes shall not be sanctioned with any modifications unless the parties affected by the modification are given a reasonable opportunity of being heard. (4) A plan or map forming part of any scheme may not be published alongwith the scheme as required by this Act but a copy of the plan shall be kept open for inspection in the office of the Project Resettlement Officer. (5) Any person aggrieved by any of the provisions of the sanctioned scheme may, within 30 days of the date of publication of such scheme in the Official Gazette, file an appeal in such manner and accompanied by such fees as may be prescribed to the Resettlement Commissioner who may after giving such person a reasonable opportunity to be heard pass an order in writing and thereby either amend the sanctioned scheme or decline to do so. The appellate order shall state reasons in brief for the decision. ### 23. Entrustment of execution of layout to Collector. (1) The execution of every layout of a new abadi or the extension of an existing abadi, as the case may be, in so far as it relates to public utilities, amenities and services and maintenance thereof shall be entrusted by the State Government, by an order in writing to the Collector having jurisdiction over the area included in the layout or to any other officer of such rank as the State Government may decide, and the Collector or such officer, as the case may be, shall ensure the abadi to be included in the Record of Rights of the village and also in the annual papers. (2) For ensuring speedy execution of works relating to public utilities, amenities and services and for their proper maintenance the State Government shall arrange for release of the necessary funds to the Collector or to the officer referred to in sub-section (1) and for that purpose the State Government may make such orders as it thinks fit, regard being had to the circumstances of each case. Chapter V Grant of Land ---------------------------- ### 24. Grant of Land. - After the publication of the sanctioned scheme in the Official Gazette under Section 22, the Project Resettlement Officers shall, subject lo the provisions of Section IS, grant land subject to such conditions as may be prescribed to the displaced persons in accordance with the provisions of the sanctioned scheme and to the extent specified in the Second Schedule and thereupon except as expressly provided by this Act, the provisions of the Code and rules made thereunder which provide for disposal of Government land shall apply to such grants as they apply in relation lo Government land granted under the Code. ### 25. Transfer of encumbrances. (1) Where any land held by a displaced person in an affected zone is burdened with a mortgage, debt or any other encumbrances such mortgage, debt or other encumbrance shall be deemed to be transferred therefrom and attach to the land granted to such displaced persons under Section 24 and the mortgagee, creditor or, as the case may be, other encumbrancer shall exercise his right accordingly. (2) If the land to which a mortgage, debt or other incumbrance is transferred under sub-section (1) is of lesser market value than the original land from which it is transferred, the mortgage, creditor as the case may be, other encumbrancer shall be entitled to payment of such compensation by the displaced persons owning the land as may be determined by the Project Resettlement Officer. Chapter VI Miscellaneous ----------------------------- ### 26. Penalty for false declaration. - If any person knowingly makes a false declaration or statement under this Act he shall without prejudice to any legal proceeding under any law for the time being in force on conviction, be punished with fine which may extend to one thousand rupees : Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court such fine shall not be less than one hundred rupees. ### 27. Power of Officers of Government and other local authorities to assist. (1) Every officer of Government in any Department and every officer or servant of a local authority shall be bound to assist the Resettlement Commissioner, any Project Resettlement Officer or any officer duly authorised for the purpose of carrying out the provisions of this Act. ### 28. Officers and servants appointed under this Act to be public servants. - All officers and servants appointed under this Act shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860 (No. 45 of 1860). ### 29. Bar of jurisdiction. (1) No Civil Court shall have jurisdiction to entertain, hear or decide any question which is by or under this Act required to be heard or disposed of by the Commissioner, Resettlement Commissioner, Project Resettlement Officer or the State Government. (2) No injunction in any form shall be granted by any Court or other authority in respect of any lawful action taken or that may be taken in pursuance of any power conferred by or under this Act. ### 30. Revision. - The Board may at any time on its own motion or on an application made by any party for the purpose of satisfying itself as lo the legality or propriety of any order passed by or as to the regularity of the proceeding of any officer performing functions under this Act call for and examine the record of any case pending before, or disposed of, by such officer, and may pass such order in reference thereto as it thinks fit : Provided that- (i) no application for revision shall be entertained against an order appealable under this Act; (ii) no such application shall be entertained unless presented within ninety days to the Board from the date of the order sought to be revised and in computing the period aforesaid, time requisite for obtaining a copy of the said order shall be excluded; (iii) no application for revision shall be entertained unless it is accompanied by such fees as may be prescribed; (iv) no order shall to varied or reversed in revision unless notice has been served on the parties interested and opportunity given to them of being heard. ### 31. Rectification of mistakes. - The Resettlement Commissioner, the Commissioner, Project Resettlement Officer or the State Government at any time within two years from the date of any order passed by him or it, on his or its own motion, rectify any mistake apparent from the record, and shall within a like period, rectify any such mistake which has been brought to his or its notice by any person affected by such order : Provided that no such rectification other than rectification of clerical or arithmetical mistakes arising from any accidental slip or omission shall be made, unless the Resettlement Commissioner, the Commissioner, the Project Resettlement Officer or the State Government, as the case may be, has given notice in writing lo the person likely to be affected by the order of his or its intention to do so and has allowed such person a reasonable opportunity of being heard. ### 32. Protection of action taken under this Act. - No suit, prosecution or other legal proceeding shall lie against the State Government, local authority or any public servant for anything which is in good faith done or purported to be done or anything omitted to be done likewise under this Act. ### 33. Power to make rules. (1) The State Government may, by notification, and subject to the condition of previous publication, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for- (a) the composition of Advisory Committee, regulation of its business, allowance or fees to be paid to members and matters incidental thereto under Section 9; (b) the manner of obtaining previous permission under sub-section (1) of Section 11; (c) the fees which shall be paid on memorandum of appeal under sub-section (1) of Section 13 and sub-section (5) of Section 22 and an application for revision under Section 30, and the nature and description of stamps for payment of such fees; (d) restrictions subject to which land in an abadi site in affected zone shall be acquired under sub-section (3) of Section 17; (e) acquisition of land from holdings in a benefited zone or any village or area under sub-section (4) of Section 17; (f) manner and form in which declaration be made under sub-section (1) of Section 18; (g) manner in which compensation payable shall be apportioned under Section 19; (h) public utilities, amenities and services to be provided to new abadi or in the extension of existing abadi under clause (1) of sub-section (1) of Section 21; (i) the conditions subject to which land shall be granted to displaced person under Section 24; (j) any other matter which is required to be or may be prescribed. (3) All rules made under this Act shall be laid on the table of the Legislative Assembly. ### 34. Power to remove difficulty. (1) Where any difficulty arises in giving effect to the provisions of this Act or of the rules made thereunder, the State Government may, by order in writing, not inconsistent with the provisions of this Act and the rules made thereunder remove such difficulty. (2) Every order passed under sub-section (1) shall be laid on the table of the Legislative Assembly and provisions of Section 24-A of the Madhya Pradesh General Clauses Act, 1957 (No. 3 of 1958), shall apply to the laying of such order as they apply to rules. ### 35. Power to delegate. - The State Government may by order in writing delegate any of its powers or functions under this Act or rules, other than power to remove difficulty under Section 34 to any of its officers, and subject to such conditions if any as it may deem fit, and may at any time modify or revoke any such delegation. ### 36. Repeal. - The Madhya Pradesh Pariyojana Ke Karan Visthapit Vyakti (Punhsthapan) Adhyadesh, 1985 (No. 3 of 1985) is hereby repealed. The First Schedule [See Section 17 (4) ] Acquisition of land from Holdings for Allotment to Displaced Persons \| \| \| \| --- \| --- \| \| Size of holding \| Area to be acquired in hectare \| \| (a) Not more than 4 hectares \| Nil. \| \| (b) Between 4 to 6 hectares \| The area in excess of 4 hectares but not more than one hectare. \| \| (c) Between 6 to 8 hectares \| The area in excess of 6 hectares but not more than three hectares. \| \| (d) Between 8 to 10 hectares \| The area in excess of 6 hectares but not more than three hectares. \| \| (e) Between 10 to 12 hectares \| The area in excess of 7 hectares but not more than four hectares. \| \| (f) More than 12 hectares \| All the area above 8 hectares. \| The Second Schedule [See Sections 18 (3) , 21 (1), (4) and 24] While details for each project would be worked out as provided in the rules the minimum provisions to be made for the resettlement of displaced persons shall be as under :- (I) Rehabilitation grant. - Rs. 150 per month per family for- (i) 18 months where no land or uncultivated land is made available; (ii) 6 months if cultivated land is made available. This grant will be paid in three equal instalments. Note. - The date for the purpose of giving rehabilitation grant would be the date of dispossession of land of the displaced person. (II) Grant-in-aid. - The grant in aid shall cover the following, namely :- (i) difference between the compensation which the displaced family gets for the agricultural land and the price it has to pay for the agricultural land that will be allotted to the family; (ii) cost of transportation, minimum Rs. 200 or as may be considered reasonable by the Project Resettlement Officer. (III) Plot for building house (free of cost) (100 sq. metres in the case of persons having 5 acres or less and 150 sq. metres in the case of persons having more than 5 acres). (IV) Agricultural land as per table, below :- Table Allotment of Irrigated Agricultural Land To The Displaced Persons \| \| \| \| \| --- \| --- \| --- \| \| \| Area of land in hectares lost by displaced persons for a project \| Area of land in hectares to be granted to the displaced persons from the benefited zone \| \| \| (1) \| (2) \| \| 1 \| Not more than 80.94 Ares (2 Acres). \| Not less than 40.47 Ares (1 acre) but no more than 80.94 Ares (2 Acres). \| \| 2 \| More than 80.94 Ares (2 acres) but not more than 2 hectares and 02.34 acres (5 acres). \| Not less than 40.47 Ares (1 acre) but not more than 1 hectare and 21.42 Arcs (3 acres). \| \| 3 \| More than 2 hectares and 02.34 Ares (4 acres). \| Not less than 40.47 Ares (1 acre) but not more than 1 hectare and 61.87 Ares (4 acres). \| Note. - (1) All land in the command area of the benefited zone shall be presumed to be irrigated land. Explanation. - (1) Expression "Command area" means area comprising land which is irrigable being commanded by a canal. (2) Expression "command" and "irrigable" shall have the meanings assigned to those expressions in Sections 8 to 10 respectively of the Madhya Pradesh Irrigation Act, 1931 (III of 1931). Note. - (2) Where non-irrigated area is allotted to the displaced person the extent of area to be allotted will be double that shown above.
65ba8b68ab84c7eca86ebfdd	acts	Union of India - Act ---------------------- Appellate Tribunal For Electricity Salary, Allowances And Other Conditions Of Service Of The Officers And Employees Rules, 2004 --------------------------------------------------------------------------------------------------------------------------------- UNION OF INDIA India Appellate Tribunal For Electricity Salary, Allowances And Other Conditions Of Service Of The Officers And Employees Rules, 2004 ================================================================================================================================= Rule APPELLATE-TRIBUNAL-FOR-ELECTRICITY-SALARY-ALLOWANCES-AND-OTHER-CONDITIONS-OF-SERVICE-OF-THE-OFFICERS-AND-EMPLOYEES-RULES-2004 of 2004 -------------------------------------------------------------------------------------------------------------------------------------------- * Published on 6 February 2004 * Commenced on 6 February 2004 Appellate Tribunal For Electricity Salary, Allowances And Other Conditions Of Service Of The Officers And Employees Rules, 2004 Published in the Gazette of India, Extra., Part III, Section 4, dated 6.2.2004. ### 1684. S.O. 1059(E) , dated 28.9.2004.- In exercise of the powers conferred by clause (s) of subsection (2) of section 176 of the Electricity Act, 2003, the Central Government hereby makes the following rules regulating the method of recruitment to certain posts in the Appellate Tribunal for Electricity, namely:- ### 1. Short title and commencement.- (1) These rules may be called the Appellate Tribunal for Electricity Salary, Allowances and other Conditions of Service of the Officers and Employees Rules, 2004. (2) They shall come into force on the date of their publication in the Official Gazette. ### 2. Application.- These rules shall apply to the posts specified in column 1 of the Schedule annexed to these rules. ### 3. Number of posts, classification and scale of pay.- The number of posts, their classification and the scale of pay attached thereto shall be as specified in columns 2 to 4 of the said Schedule. ### 4. Method of recruitment, age limit and other qualifications, etc.- The method of recruitment, age limit, qualifications and other matters relating to the said posts shall be as specified in columns 5 to 14 of the aforesaid Schedule. ### 5. Disqualification.- No person,- (i) who has entered into or contracted a marriage with a person having a spouse living; or (ii) who having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment to the said post:- Provided that the Central Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule. ### 6. Power to relax.- Where the Central Government is of the opinion that it is necessary or expedient so to do, it may, by order and for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category or persons. ### 7. Saving.- Nothing in these rules shall affect reservations, relaxation of age limit and other concessions required to be provided for the Scheduled Castes, the Scheduled Tribes ex-servicemen and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard. [8 Other conditions of service. [Substituted by Notification No. G.S.R. 39(E) , dated 16.1.2017 (w.e.f. 6.2.2004).] (1) Officers and employees of the Appellate Tribunal for Electricity shall be entitled to the medical facilities as specified in Schedule II annexed to these rules. (2) Other conditions of service of the officers and employees of the Appellate Tribunal for Electricity, for which no specific provisions have been provided, shall be regulated in accordance with such rules as are, from time to time, applicable to officers and employees of the Central Government drawing the pay and allowances in corresponding pay scales] \| \| \| --- \| \| 8. Other conditions of service.-Other conditions of service of the officers and employees of the Appellate Tribunal for Electricity, for which no specific provisions have been provided, shall be regulated in accordance with such rules as are, from time to time, applicable to officers and employees of the Central Government Group drawing the pay and allowances in corresponding scales of pay. \| I --- \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Name of post \| Number of post \| Classification \| Pay band and grade pay or pay scale \| Whether selection post or non-selection post \| Age limit for direct recruits \| Educational and other qualifications required for direct recruits \| Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotees \| Period of probation, if any \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| \| 1. Registrar \| 1\* (2011) \Subject to variation dependent on work load \| Equivalent to Group 'A' post in the Central Government \| Pay band-4 Rs. 37400-67000/- plus grade pay-Rs. 10000/- \| Not applicable \| Not applicable \| Not applicable \| Not applicable \| Not applicable \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Method of recruitment, whether by direct recruitment or by promotion or by deputation/absorption and percentage of vacancies to be filled by various methods. \| In case of recruitment by promotion/deputation/absorption, grades from which promotion/deputation absorption to be made \| If a Departmental Promotion committee exists, what is its composition \| Circumstances in which Union Public Service Commission is to be consulted in making recruitment. \| \| 10 \| 11 \| 12 \| 13 \| \| By deputation \| Deputation: Officers of the Central Government or State Government or Supreme Court or High Court or District Court possessing degree in law a recognised university or equivalent,- (a) holding analogous post on regular basis, or (b) with two years regular service in the post in pay band-4 with grade pay of Rs. 8900/- or equivalent; or (c) with three years regular service in the post in pay band-4 with grade pay of Rs. 8700/-; or (d) holding post of District Judge or Additional District Judge or Registrar or Additional Registrar, on regular basis; or (e) with five years regular service in the post of Joint Registrar of a High Court. Note 1:-The period of deputation including the period of deputation in another ex-cadre post held immediately preceding this appointment in the same or other organisation or Department of Central Government shall be five years. Note 2:-The maximum age limit for appointment by deputation shall be not exceeding 56 years as on the closing date of receipt of applications. Note 3:-For the purpose of appointment on deputation basis, the service rendered on a regular basis by an officer prior to 1st January, 2006 or the date from which the revised pay structure based on the recommendations of the Sixth Central Pay Commission has been extended, shall be deemed to be the service rendered in the corresponding grade pay or pay scale extended based on the recommendations of the said Pay Commission except where there has been merger of more than one pre-revised scale of pay into one grade with a common grade pay or pay scale, and where this benefit will extend only for the post(s) for which that grade pay or pay scale is the normal replacement grade without any up-gradation. \| Search-cum-Selection Committee consisting of :-1. Chairperson, Appellate Tribunal for Electricity - Chairperson2. Member, Appellate Tribunal for Electricity – Member3. Additional Secretary or above in the Ministry of Law and Justice Legislative Department to be nominated by the Secretary, Legislative Department - Member \| [Selection shall be based on the recommendations of a Search-cum-Selection Committee consisting of :-(i) Chairperson, Appellate Tribunal for Electricity - Chairperson(ii) Member, Appellate Tribunal for Electricity - Member(iii) Additional Secretary or above in the Ministry of Law and Justice, Legislative Department to be nominated by the Secretary, Legislative Department - Member] [Substituted for the words "Not applicable" by Notification No. G.S.R. 548 (E) dated 22.7.2008 (w.e.f. 6.2.2004)] \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| \| 2. Deputy Registrar \| 1\ (2011) \Subject to the variation dependent on work load \| Equivalent to Group 'A' post in the Central Government \| Pay band-3 Rs. 15600 - 39100/- plus grade pay - Rs. 7600/- \| Not applicable \| Not applicable \| Not applicable \| Not applicable \| Not applicable \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 10 \| 11 \| 12 \| 13 \| \| By deputation absorption/ absorption \| Deputation/absorption: Officers of the Central Government or State Government or High Court or District Court of Autonomous Bodies or Tribunals or Universities possessing degree in law from a recognised university or equivalent - (a) holding analogous post on regular basis; or (b) with five years regular service in the post in pay band-3 with grade pay of Rs. 6600/- or equivalent; or (c) with ten years combined regular service in the pay band-3 with grade pay of Rs. 6600/- and Rs. 5400/-; or (d) holding the post of Additional Registrar or Joint Registrar or Deputy Registrar in a high court on regular basis; or (e) with five years regular service as Judicial officer in a High Court. Note 1 :-The period of deputation including the period of deputation in another excadre post held immediately preceding this appointment in the same or other organisation or Department of Central Government shall be five years. Note 2 :-The maximum age limit for appointment by deputation shall be not exceeding 56 years as on the closing date of receipt of applications. Note 3 :-For the purpose of appointment on deputation/absorption basis, the service rendered on a regular basis by an officer prior to 1st January, 2006 or the date from which the revised pay structure based on the recommendations of the Sixth Central Pay Commission has been extended, shall be deemed to be the service rendered in the corresponding grade pay or pay scale extended based on the recommendations of the said Pay Commission except where there has been merger of more than one pre-revised scale of pay into one grade with a common grade pay or pay scale, and where this benefit will extend only for the post(s) for which that grade pay or pay scale is the normal replacement grade without any upgradation. \| Selection Committee consisting of :-1. Chairperson, Appellate Tribunal for Electricity – Chairman;2. Judicial Member or the senior most Member, Appellate Tribunal for Electricity – Member;3. Registrar, Appellate Tribunal for Electricity – Member;4. A Group 'A' officer from any other Ministry or Department of the Central Government - Member. \| Not applicable \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| \| 3. Director (Administration) . \| 1\ (2011) \Subject to variation dependent on work load. \| Equivalent to Group 'A' post in the Central Government. \| Pay band-3 Rs. 15600-39100/- plus grade pay-Rs. 7600/- \| Not applicable \| Not applicable \| Not applicable \| Not applicable \| Not applicable \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 10 \| 11 \| 12 \| 13 \| \| Promotion/deputation \| Promotion/deputation: Officers of the Central Government or State Government or Public Sector Undertakings or Autonomous Bodies or Tribunals:- (a) (i) holding analogous post on regular basis or (ii) with five years regular service in the post in pay band-3 with grade pay of Rs. 6600/-; and (b) having five years experience in the area of Administration, Personal Management, Establishment Matters, Accounting and Protocol in offices of the Central or State Government or Public Sector undertakings or Autonomous Bodies or Tribunals. Note 1:- The Departmental Administrative-cum-Accounts Officer with five years regular service in the grade shall also be considered alongwith outsiders and in case he is selected for appointment to the post the same shall be deemed to have been filed by promotion. Note 2:- The officers of the Appellate Tribunal for Electricity in the feeder category who is in the direct line of promotion shall not be eligible for consideration for appointment by deputation, similarly, the deputationists shall be eligible for consideration for appointment by promotion. Note 3:- The period of deputation including the period of deputation in another ex-cadre post held immediately preceding this appointment in the same or other organisation or Department of Central Government shall be five years. Note 4:- The maximum age limit for appointment by deputation shall be not exceeding 56 years as on the closing date of receipt of applications. Note 5:- For the purpose of appointment on promotion/deputation basis, the service rendered on a regular basis by an officer prior to 1st January, 2006 or the date from which the revised pay structure based on the recommendations of the Sixth Central Pay Commission has been extended, shall be deemed to be the service rendered in the corresponding grade pay or pay scale extended based on the recommendations of the said Pay Commission except where there has been merger of more than one pre-revised scale of pay into one grade with a common grade pay or pay scale, and where this benefit will extend only for the post(s) for which that grade pay or pay scale is the normal replacement grade without any upgradation. \| Departmental Promotion Committee (for promotion) consisting of:- 1. Chairperson, Appellate Tribunal for Electricity - Chairman; 2. Senior-most Member, Appellate Tribunal for Electricity - Member; 3. Register, Appellate Tribunal for Electricity - Member 4. A Group 'A' Officer from any other Ministry or Department of the Central Government - Member; \| Not apllicable. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| \| 4. Administrative-cum-Accounts Officer. \| 1\ (2011) Subject to variation dependent on work load \| Equivalent to Group 'A' post in the Central Government \| Pay band-3 Rs. 15600-39100 plus grade pay- Rs. 6600/-. \| Not applicable \| Not applicable \| Not applicable \| Not applicable \| Not applicable \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 10 \| 11 \| 12 \| 13 \| \| By deputation / absorption \| Deputation / absorption: Officers of the Central Government or State Government or Public Sector Undertakings or Autonomous Bodies,- (a) (i) holding analogous post on regular basis; or (ii) with five years regular service in the post in pay band-3 with grade pay of Rs. 4800/- or equivalent; and (b) Possessing a Bachelor's degree from a recognised university or equivalent and having five years experience in Administrative, Accounts, Establishment matters and protocol in office of the Central Government or State Government or Public Sector Undertaking or Autonomous Bodies. Note 1:- The Period of deputation including the period of deputation in another ex-cadre post held immediately preceding this appointment in the same or other organisation or Department of Central Government shall be five years. Note 2:- The maximum age limit for appointment by deputation shall be not exceeding 56 years as on the closing date of receipt of applications. Note 3:- For the Purpose of appointment on deputation/absorption basis the service rendered on a regular basis by an officer prior to 1st January, 2006 or the date from which the revised pay structure based on the recommendations of the Sixth Central pay Commission has been axtenced, shall be deemed to be the service rendered in the corresponding grade pay or pay scale extended based on the recommendations of the said Pay commission except where there has been merger of more than one pre-revised scale of pay into one grade with a common grade pay or pay scale of pay into one grade with a common grade pay or pay scale, and where this benefit will extend only for the post(s) for which that grade pay or pay scale is the normal replacement grade without any upgradation. \| Selection Committee consisting of:- 1. Chairperson, Appellate Tribunal for Electricity - Chairman; 2. Senior-most Member, appellate Tribunal for Electricity-Member; 3. Registrar, Appellate Tribunal for Electricity-Member; 4. A Group 'A' officer from any other Ministry or Department of the Central Government-Member. \| Not applicable. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| \| 5. Principal Private Secretary. \| 4(2011) Subject to Variation dependent on work load \| Equivalent to Group 'A' Post in the Central Government \| Pay band-3 Rs. 15600-39100/- plus grade pay- Rs.6600/- \| Selection \| Not applicable \| Not applicable \| Not applicable \| Not applicable \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 10 \| 11 \| 12 \| 13 \| \| By promotion falling which by deputation / absorption \| Promotion: Private Secretary with six years regular service in the grade and Court maste with seven years regular service in the grade. Not 1:- For the purpose of appointment on promotion basis, the service rendered on a regular basis by an officer period to 1st January, 2006 or the date from which the revised pay structure based on the recommendations of the Sixth Central Pay Commission has been extended, Shall be deemed to be the service rendered in the corresponding grade pay or pay scale extended based on the recommendations of the said pay Commission except where there has been merger of more than one pre-revised scale of pay into one grade with a common grade pay or pay scale, and where this benefit will extend only for the post(s) for which that grade pay or pay scale is the normal replacement grade without any upgradation. Note 2:- The eligibility list for promotion shall be prepared with reference to the date of completion of the require qualifying service in respective grade/post. Deputation/absorption: Officers of the Central Government or State Government or High Court or District Court or Public Sector Undertakings or Autonomous Bodies;- (a) (i) holding analogous post on regular basis; or (ii) with five years regular service in the post in pay band-3 with grade pay of Rs.5400/- or equivalent; or (iii) with six years regular service in the post in pay band-2 with grade pay of Rs.4800/- or equivalent; (b) possessing speed in stenography of 120 words per minute (English) ; and (c) having knowledge of computers. Note 1:- The officers of the Appellate Tribunal for Electricity in the feeder category who are in the direct --- of promotion shall not be eligible for consideration for appointment by deputation, similarly, the deputationists shall not be eligible for consideration for appointment by promotion. Note 2:- The period of deputation including the period of deputation in another ex-cadre post held immediately preceding this appointment in the same or other organisation or Department of Central Government shall be five years. Note 3:- The maximum age limit for appointment by deputation shall be not exceeding 56 years as on the closing date of receipt of applications. Note 4:- For the purpose of appointment on deputation/absorption basis, the service rendered on a regular basis by an officer prior to 1st January, 2006 or the date from which the revised pay structure based on the recommendations of the Sixth Central Pay Commission has been extended, shall be deemed to be the service rendered in the corresponding grade pay or pay scale extended, Shall be deemed to be the service rendered in the corresponding grade pay or pay scale extended based on the recommendations of the said Pay Commission except where there has been merger of more than one pre-revised scale of pay into one grade with a common grade pay or pay scale, and where this benefit will extend only for post(s) for which that grade pay or pay scale is the normal replacement grade without any upgradation. \| Departmental Promotion Committee (for promotion) consisting of:- 1. Chairperson, Appellate Tribunal for electricity - chairman; 2. Senior-most Member, Appellate Tribunal for Electricity - Member; 3. Registrar, Appellate Tribunal for Electricity-Member; 4. A Group 'A' officer from any other Ministry or Department of the Central Government - Member. \| Not Applicable. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| \| 6. Principal Private Secretary. \| 5\* (2011) Subject to Variation dependent on work load \| Equivalent to Group 'B' Post in the Central Government \| Pay band-2 Rs.9300-34800/- plus grade pay- Rs.4800/- \| Non-Selection \| Not applicable \| Not applicable \| Not applicable \| Not applicable \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 10 \| 11 \| 12 \| 13 \| \| By promotion falling which by deputation/absorption \| Promotion: Personal Assistant with six years regular service in the grade Note:- For the purpose of appointment on promotion basis, the service rendered on a regular basis by an officer prior to 1st January, 2006 or the date from which the revised pay structure based on the recommendations of the Sixth Central pay Commission has been extended, shall be deemed to be the service rendered in the corresponding grade pay or pay scale extended based on the recommendations of the said Pay Commission except where there has been merger of more than one pre-revised scale of pay into one grade with a common grade pay or pay scale, and where this benefit will extend only for the post(s) for which that grade pay or pay scale is the normal replacement grade without any upgradation. Deputation/absorption: Officers of the Central Government or State Government or High Court or District Court or Public Sector Undertakings or Autonomous Bodies:- (a) (i) holding analogous post on regular basis, or (ii) with six years regular service in the post in pay band-2 with grade pay of Rs.4200/- or equivalent. (b) possessing speed in stenography of 100 word per minute (English); and (c) having knowledge of computers. Note 1:- The officer of the Appellate Tribunal for Electricity in the feeder category who are in the direct line of promotion shall not be eligible for consideration for appointment by deputation, similarly the deputationists shall not be eligible for consideration for appointment by promotion. Note 2:- The period of deputation including the period of deputation in another ex-cadre post held immediately preceding this appointment in the same or other organisation or Department of Central Government shall be five years. Note 3:- The maximum age limit for appointment by deputation shall be not exceeding 56 years as on the closing date of receipt of applications. Note 4:- For the purpose of appointment on deputation/absorption basis, the service rendered on a regular basis by an officer prior 1st January, 2006 or the Sixth Central pay Commission has been extended, shall be deemed to be the service rendered in the corresponding grade pay or pay scale extended based on the recommendations of the said Pay Commission except where there has merger of more than one pre-revised scale of pay into one grade with a common grade pay or pay scale, and where this benefit will extend only for the post(s) for which that grade pay or pay scale is the normal replacement grade without any upgradation. \| Departmental Promotion Committee (for promotion) consisting of:- 1. Registrar, Appellate Tribunal for Electricity-Chairman; 2. Director, Appellate Tribunal for Electricity-Member; 3. Administrative-cum-Accounts Officer, Appellate Tribunal for Electricity-Member; 4. A Group 'A' officer from any other Ministry or Department of the Central Government-Member; \| Not Applicable. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| \| 7. Court Master. \| 2\* (2011) Subject to Variation dependent on work load \| Equivalent to Group 'B' Post in the Central Government \| Pay band-2 Rs. 9300-34800/- plus grade pay- Rs.4600/- \| Non-Selection \| Not applicable \| Not applicable \| Not applicable \| Not applicable \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 10 \| 11 \| 12 \| 13 \| \| By promotion falling which by deputation/absorption \| Promotion: Personal Assistant with five years regular service in the grade. Note:- For the purpose of appointment on promotion basis, the service rendered on a regular basis by an officer prior to 1st January, 2006 or the date from which the revised pay structure based on the recommendations of the Sixth Central Pay Commission has been extended, shall be deemed to be the service rendered in the corresponding grade pay or pay scale extended based on the recommendations of the said pay into one grade with a common grade pay or pay scale, and where this benefit will extend only for the post(s) for which that grade pay or pay scale is the normal replacement grade without any upgradation. Deputation/absorption: Officers of the Central Government of State Government or High Court or District Court or Public sector Undertakings or Autonomous Bodies;- (a) (i) holding analogous post on regular basis; or (ii) with five years regular service in the post in pay band-2 with grade pay of Rs. 4200/- or equivalent; (b) possessing Bachelor's degree from a recognised university of equivalent; (c) possessing speed in stenography of 100 words per minute (English) ; and (d) having knowledge of computers. Note 1:- The officer of the Appellate Tribunal for Electricity in the feeder category who are in the direct line of promotion shall not be eligible for consideration for appointment by deputation, similarly, the deputationists shall not be eligible for consideration for appointment by promotion. Note 2:- The period of deputation including the period of deputation in another ex-cadre post held immediately preceding this appointment in the same or other organisation or Department of Central Government shall be five years. Note 3:- The maximum age limit for appointment by deputation shall be not exceeding 56 years as on the closing date of receipt of applications. Note 4:- For the purpose of appointment on deputation/absorption basis, the service rendered on a regular basis by an officer prior to 1st January, 2006 or the date from which the revised pay structure based on the recommendations of the Sixth Central Pay Commission has been extended, Shall be deemed to be the service rendered in the corresponding grade pay or pay scale extended based on the recommendations of the said Pay Commission except where there has been merger of more than one pre-revised scale of pay into one grade with a common grade pay or pay scale, and where this benefit will extend only for the post(s) for which that grade pay or pay scale is the normal replacement grade without any upgradation. \| Departmental promotion Committee (for promotion) Consisting of:- 1. Registrar, Appellate Tribunal for Electricity-chairman; 2. Director, Appellate Tribunal for Electricity-Member; 3. Administrative-cum-Accounts Officer, Appellate Tribunal for Electricity-Member; 4. A Group 'A' officer from any other Ministry or Department of the Central Government-Member. \| Not Applicable. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| \| 8. Accountant. \| 1\* (2011) Subject to Variation dependent on work load \| Equivalent to Group 'B' Post in the Central Government \| Pay band-2 Rs. 9300-34800/- plus grade pay- Rs. 4200/- \| Not-applicable \| Not applicable \| Not applicable \| Not applicable \| Not applicable. \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 10 \| 11 \| 12 \| 13 \| \| By deputation/absorption. \| Deputation/absorption: Officers of the Central Government or State Government or High Court or District Court or Public Sector Undertakings or Autonomous Bodies;- (a) (i) holding analogous post on regular basis; or (ii) with ten years regular service in the post in pay band-1 Rs. 5200-20200 with grade pay of Rs. 2400/- or equivalent; (b) having knowledge of Accounts and Establishment work; (c) having knowledge of Computers. Note 1:- The period of deputation including the period of deputation in another ex-cadre post held immediately preceding this appointment in the same or other organisation or Department of the Central Government Shall be five years. Note 2:- The maximum age limit for appointment by deputation shall be net exceeding 56 years as on the closing date of receipt of applications. Note 3:- For the purpose of appointment on deputation/absorption basis the service rendered on a regular basis by an officer prior to 1st January, 2006 or the date from which the revised pay structure based on the recommendations of the Sixth Central Pay Commission has been extended, shall be deemed to be the service rendered in the corresponding grade pay or pay scale extended based on the recommendations of the said pay Commission except where there has been merger of more than one pre-revised scale of pay into one grade with a common grade pay or pay scale, and where this benefit will extend only for the post(s) for which that grade pay or pay scale is the normal replacement grade without any upgradation. \| Selection Committee Consisting of:- 1. Registrar, Appellate Tribunal for Electricity - Chairman; 2. Director, Appellate Tribunal for Electricity - Member; 3. Administrative-cum-Accounts Officer, Appellate Tribunal for Electricity - Member; 4. A Group 'A' officer from any other Ministry or Department of the Central Government - Member. \| Not applicable. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| \| 9. Assistant. \| 1\* (2011) Subject to Variation dependent on work load \| Equivalent to Group 'B' Post in the Central Government \| Pay band-2 Rs. 9300-34800/- plus grade pay- Rs.4200/- \| Not-applicable \| Not applicable \| Not applicable \| Not applicable \| Not applicable. \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 10 \| 11 \| 12 \| 13 \| \| By deputation/absorption. \| Deputation/absorption: Officers of the Central Government or State Government or High Court or District Court or Public Sector Undertakings or Autonomous Bodies:- (a) (i) holding analogous post on regular basis; or (ii) with ten years regular service in the post in pay band-1 Rs. 5200-20200/- with grade pay of Rs. 2400/- or equivalent; (b) having knowledge of Accounts and Establishment work; (c) having knowledge of computers. Note 1:- The period of deputation including the period of deputation in another ex-cadre post held immediately preceding this appointment in the same or other organisation or Department of the Central Government shall be five years. Note 2:- The maximum age limit for appointment by deputation shall be not exceeding 56 years as on the closing ate of receipt of applications. Note 3:- For the purpose of appointment on deputation/absorption basis, the service rendered on a regular basis by an officer prior to 1st January, 2006 or the date from which the revised pay structure based on the recommendations of the Sixth Central Pay Commission has been extended, shall be deemed to be the service rendered in the corresponding grade pay or pay scale extended based on the recommendations of the said Pay Commission except where there has been merger of more than one pre-revised scale of pay into one grade with a common grade pay or pay scale and where this benefit will extend only for the post(s) for which that grade pay or pay scale is the normal replacement grade without any upgradation. \| Selection Committee consisting of:- 1. Registrar, Appellate Tribunal for Electricity - Chairman; 2. Director, Appellate Tribunal for Electricity - Member; 3. Administrative-cum-Accounts Officer, Appellate Tribunal for Electricity - Member; 4. A Group 'A' officer from any other Ministry or Department of the Central Government - Member; \| Not Applicable. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| \| 10. Personal Assistant. \| 3\* (2011) \Subject to Variation dependent on work load \| Equivalent to Group 'B' Post in the Central Government \| Pay band-2 Rs. 9300-34800/- plus grade pay- Rs.4200/- \| Not-Selection \| Not applicable \| Not applicable \| Not applicable \| Not applicable. \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 10 \| 11 \| 12 \| 13 \| \| By Promotion falling which by deputation/absorption. \| Promotion: Stenographer Grade D with ten years regular service in the grade. Note :- For the purpose of appointment on promotion basis, the service rendered on a regular basis by an officer prior to 1st January, 2006 or the date Sixth Central Pay Commission has been extended, Shall be deemed to be the service rendered in the corresponding grade pay or pay scale extended based on the recommendations of the said Pay Commission except where there has been merger of more than one pre-revised scale of pay into one grade with a common grade pay or pay scale, and where this benefit will extend only for the post(s) for which that grade pay or pay scale is the normal replacement grade without any upgradation. Deputation/absorption: Officers of the Central Government or State Government or High Court;- (a) (i) holding analogous post on regular basis; or. (ii) with ten years regular service in the post in pay band-1 Rs. 5200-20200/- with grade pay of Rs. 2400/- or equivalent; (b) possessing speed in Stenography of 80 words per minute (English); (c) having knowledge of computers. Note 1:- The officers of the Appellate Tribunal for Electricity in the feeder category who are in the direct line of promotion shall not be eligible for consideration for appointment by promotion. Note 2:- The Period of deputation including the period of deputation in another ex-cadre post held immediately preceding this appointment in the same or other organization or Department of the Central Government shall be five years. Note 3:- The maximum age limit for appointment by deputation shall be not exceeding 56 years as on the closing date of receipt of applications. Note 4:- For the purpose of appointment on deputation/absorption basis the service rendered on a regular basis by an officer prior to 1st January, 2006 or the date from which the revised pay structure based on the recommendations of the Sixth Central Pay Commission has been extended, shall be deemed to be the service rendered in the corresponding grade pay or pay scale extended based on the recommendations of the said Pay Commission except where there has been merger of more than one pre-revised scale of pay into one grade with a common grade pay or pay scale, and where this benefit will extend only for post(s) for which that grade pay or pay scale is the normal replacement grade without any upgradation. \| Selection Committee consisting of:- 1. Registrar, Appellate Tribunal for Electricity-Chairman; 2. Director, Appellate Tribunal for Electricity-Member; 3. Administrative-cum-Accounts Officer, Appellate Tribunal for Electricity Member; 4. A Group 'A' Officer from any other Ministry or Department of the Central Government-Member. \| Not applicable. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| \| 11. Librarian. \| 1\ (2011) \Subject to Variation dependent on work load \| Equivalent to Group 'B' Post in the Central Government \| Pay band-2 Rs. 9300-34800/- plus grade pay- Rs.4200/- \| Not-applicable \| Not applicable \| Not applicable \| Not applicable \| Not applicable. \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 10 \| 11 \| 12 \| 13 \| \| Deputation/absorption. \| Deputation/absorption: \| Selection Committee consisting of:- \| Not Applicable. \| \| (a) (i) holding analogous post on regular basis; or \| Officers of the Central Government or State Government or High Court or Public Sector Undertakings or Autonomous Bodies or recognised Universities;- \| 1. Registrar, Appellate Tribunal for Electricity - Chairman; \| \| \| \| (ii) with six years regular service in the post in pay band-1 Rs. 5200-20200/- with grade pay of Rs2800/- or equivalent; or \| 2. Director, Appellate Tribunal for Electricity - Member; \| \| \| \| (iii) with ten years regular service in the post in pay band-1 Rs. 5200-20200/- with grade pay of Rs. 2400/-or equivalent; \| 3. Administrative-cum-Accounts officer, Appellate Tribunal for Electricity - Member; \| \| \| \| (b) (i) Possessing a degree in Library Science from a recognised University or equivalent; \| 4. A Group 'A' officer from any other Ministry or Department of the Central Government - Member; \| \| \| \| (ii) having five years experience as Librarian or Assistant Librarian in the Library of the Central Government or High Court or recognised University. \| \| \| \| \| Note 1:- The period of deputation including the period of deputation in another ex-cadre Post held immediately preceding this appointment in the same of other organisation or Department of the Central Government shall be five years. \| \| \| \| \| Note 2:- The Maximum age limit for appointment by deputation shall be not exceeding 56 years as on the closing date of receipt of applications. \| \| \| \| \| Note 3:- For the purpose of appointment on dispatcher/absorption basis the service rendered on a regular basis by an officer prior to 1st January, 2006 or the date from which the revised pay structure based on the recommendations of the Sixth Central Pay Commission has been extended, shall be deemed to be the service rendered in the corresponding grade pay or pay scale extended based on the recommendations of the said pay Commission except where there has been merger of more than one pre-revised scale of pay into one grade with a common grade pay or pay scale, and where this benefit will extend only for the post(s) for which that grade pay or pay scale is the normal replacement grade without any upgradation. \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| \| 12. Stenographer Grade D. \| 1\ (2011) \Subject to Variation dependent on work load \| Equivalent to Group 'C' Post in the Central Government \| Pay band-1 Rs. 5200-20200/- plus grade pay- Rs.2400/- \| Not-applicable \| Between 18 and 27 years (Relaxable for Government Servant upto 40 years in case of general candidates and upto 45 years in case of candidates belonging to the Scheduled Castes and Scheduled Tribes in accordance with the instruction or orders issued by the Central Government from time to time). Note :- The crucial date for determining the age limit shall be as fixed by the appellate Tribunal for Electricity for inviting applications. \| (i) 12th class pass from a recognised Board or equivalent.(ii) Skill Test Norms Dictation : 10 minutes with the speed of 80 words per minutes. Transcription: 50 minutes. (English) (on Computer). \| Not applicable. \| Two Years for direct recruits. \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 10 \| 11 \| 12 \| 13 \| \| By deputation / absorption failing which by direct recruitment. \| Deputation/absorption: Officer of the Central Government or State Government or High Court:- (a) (i) holding analogous post on regular basis; or (ii) with eight years regular service in the post in pay band-1 Rs. 5200-20200/- with grade pay of Rs. 1900/- or equivalent; and (b) Possessing the qualifications prescribed for direct recruits under column7. Note 1:- The period of deputation including the period of deputation in another ex-cadre post held immediately preceding this appointment in the same or other organisation or Department of the Central Government shall be five years. Note 2:- The maximum age limit for appointment by deputation shall be not exceeding 56 years as on the closing date of receipt of applications. Note 3:- For the purpose of appointment on deputation / absorption basis, the service rendered on a regular basis by an officer prier to 1st January, 2006 or the date from which the devised pay structure based on the recommendations of the Sixth Central pay Commission has been extended, Shall be deemed to be the service rendered in the corresponding grade pay or pay scale extended based on the recommendations of the said Pay Commission except where there has been manger of more than one pre-revised scale of pay into one grade with a common grade pay or pay scale and where this benefit will extend only for the post(s) for which that grade pay or pay scale is the normal replacement grade without any upgradation. \| Selection Committee consisting of:- 1. Director, Appellate Tribunal for Electricity - Chairman; 2. Administrative-cum-Accounts officer, Appellate Tribunal for Electricity - Member; 3. A Group 'A' officer from any other Ministry or Department of the Central Government - Member; \| Not Applicable. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| \| 13. Cashier. \| 1\ (2011) \Subject to Variation dependent on work load \| Equivalent to Group 'C' Post in the Central Government \| Pay band-1 Rs. 5200-20200/- plus grade pay- Rs.1900/- \| Not-applicable \| Not applicable \| Not applicable \| Not applicable \| Not applicable. \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 10 \| 11 \| 12 \| 13 \| \| By deputation/absorption. \| Deputation/absorption: Officers of the Central Government or State Government or High Court- (a) (i) holding analogous post on regular basis; or (ii) with three years regular service in the post in pay band-1 with grade pay of Rs. 1800/-; (b) possessing 10+2 pass certificate from a recognised Board of equivalent; (c) having knowledge of cash and accounts words; and (d) having knowledge of computer; Note 1:- Note 1:- The period of deputation including the period of deputation in another ex-cadre Post held immediately preceding this appointment in the same of other organisation or Department of the Central Government shall be five years. Note 2:- The Maximum age limit for appointment by deputation shall be not exceeding 56 years as on the closing date of receipt of applications. Note 3:- For the purpose of appointment on dispatcher/absorption basis the service rendered on a regular basis by an officer prior to 1st January, 2006 or the date from which the revised pay structure based on the recommendations of the Sixth Central Pay Commission has been extended, shall be deemed to be the service rendered in the corresponding grade pay or pay scale extended based on the recommendations of the said pay Commission except where there has been merger of more than one pre-revised scale of pay into one grade with a common grade pay or pay scale, and where this benefit will extend only for the post(s) for which that grade pay or pay scale is the normal replacement grade without any upgradation. \| Selection Committee consisting of:- 1. Director, Appellate Tribunal for Electricity-Member; 2. Administrative-cum-Accounts officer, Appellate Tribunal for Electricity-Member; 3. A Group 'A' officer from any other Ministry or Department of the Central Government-Member; \| Not Applicable. \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| \| 14. Lower Division Clerk. \| 1\ (2011) \Subject to Variation dependent on work load \| Equivalent to Group 'C' Post in the Central Government \| Pay band-1 Rs. 5200-20200/- plus grade pay- Rs.1900/- \| Not-applicable \| Between 18 and 27 years (Relaxable for Government Servant upto 40 years in case of general candidates and upto 45 years in case of candidates belonging to the Scheduled Castes and Scheduled Tribes in accordance with the instruction or orders issued by the Central Government from time to time). Note :- The crucial date for determining the age limit shall be as fixed by the appellate Tribunal for Electricity for inviting applications. \| (i) 12th class pass from a recognised Board or equivalent.(ii) Skill Test Norms on Computer English Typing with the speed of 35 words per minute Hindi Typing with the speed of 30 words per minute. (Time allowed - 10 minutes) \| Not applicable. \| Two Years for direct recruits. \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| 10 \| 11 \| 12 \| 13 \| \| By deputation / absorption failing which by direct recruitment. \| Deputation/absorption: Officer of the Central Government or State Government or High Court:- (a) (i) holding analogous post on regular basis; or (ii) with three years regular service in the post in pay band 1 with grade pay of Rs.1800/-and (b) possessing the qualifications prescribed for direct recruits under column 7. Note 1:- The period of deputation including the period of deputation in another ex-cadre post held immediately preceding this appointment in the same or other organisation or Department of the Cental Government shall be five years. Note 2:- The Maximum age limit for appointment by deputation shall be not exceeding 56 years as on the closing date of receipt f applications. Note 3:- For the purpose of appointment on deputation / absorption basis, the service rendered on a regular basis by an officer prier to 1st January, 2006 or the date from which the revised pay structure based on the recommendations of the sixth central pay commission has been extended shall be deemed to be the service rendered in the corresponding grade pay or pay scale extended based on the recommendations of the said pay commission except where there has been merger of more than one pre-revised scale of pay into one grade with a common grade pay or pay scale, and where this benefit will extend only for the post(s) for which that grade pay or pay scale is the normal replacement grade without any upgradation. \| Selection Committee consisting of:- 1. Director, Appellate Tribunal for Electricity-Chairman; 2. Administrative-cum-Accounts Officer, Appellate Tribunal for Electricity-Member; 3. A Group 'A' officer from any other Ministry or Department of the Central Government-Member. \| Not Applicable. \| \| \| \| --- \| \| {\| \| \| Name of post \| Number of post \| Classification \| Scale of pay \| Whether selection post or non-selection \| \| 1 \| 2 \| 3 \| 4 \| 5 \| \| Registrar \| 1\(2004) \(subject to variation dependant on work load) \| Equivalent to Gr. `A' post in the Central Government \| Rs. 18400-500-22400 \| Not applicable \| \| Whether benefit of added years of service admissible under rule 30 of the Central Civil Services (Pension) Rules, 1972. \| Age limit for direct recruitment \| Educational and other qualifications required for direct recruitment. \| Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotes \| Period of probation, if any \| \| 6 \| 7 \| 8 \| 9 \| 10 \| \| Not applicable \| Not applicable \| Not applicable \| Not applicable \| Not applicable \| \| Method of recruitment: whether by direct recruitment or by promotion or by deputation absorption and percentage of vacancies to be filled by various methods. \| In case of recruitment by promotion/deputation/absorption to be made. \| If Departmental Promotion Committee exists, what is its composition \| Circumstances in which Union Public Service Commission is to be consulted in making recruitment. \| \| 11 \| 12 \| 13 \| 14 \| \| Deputation \| Officers of the Central Government or State Government possessing degree in law and holding Selection Committee (consisting of) -government possessing degree in law and holding- (a) analogous posts in Central Government/State Government/High Court on regular basis; or (b) Post in Central /State Government/ High Court with two years regular service in the scale of Rs.16400-20000 or equivalent; (c) Post in Central /State Government/ High Court with three years regular service in the scale of Rs.14300-18300 or equivalent or \| i) Chairperson of the Appellate Tribunal-Chairman. ii) Two senior most Members of the Appellate Tribunal-As Not applicable \| Not applicable \| ### 2. Officers holding posts of District Judge/Additional District Judge/Registrar/Additional Registrar/Joint Registrar of High Courts Selectioin Committee (consisting of)- \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Name of post \| Number of post \| Classification \| Scale of pay \| Whether selection post or non-selection \| \| 1 \| 2 \| 3 \| 4 \| 5 \| \| Deputy Registrar \| 1\(2004) \(subject to variation dependant on work load) \| Equivalent to Gr. `A' post in the Central Government \| Rs. 12000-375-16,500 \| Not applicable \| \| Whether benefit of added years of service admissible under rule 30 of the Central Civil Services (Pension) Rules, 1972. \| Age limit for direct recruitment \| Educational and other qualifications required for direct recruitment. \| Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotes \| Period of probation, if any \| \| 6 \| 7 \| 8 \| 9 \| 10 \| \| Not applicable \| Not applicable \| Not applicable \| Not applicable \| Not applicable \| \| Method of recruitment: whether by direct recruitment or by promotion or by deputation absorption and percentage of vacancies to be filled by various methods. \| In case of recruitment by promotion/deputation/absorption to be made. \| If Departmental Promotion Committee exists, what is its composition \| Circumstances in which Union Public Service Commission is to be consulted in making recruitment. \| \| 11 \| 12 \| 13 \| 14 \| \| Deputation \| Officers possessing degree in law and holding- (a) analogous posts in Central Government/State Government/High Court on regular basis; or (b) with five years regular service in the scale of Rs. 10,000-325-15,200 or equivalent; or judicial officers with minimum service of 8 years. \| Selection will be made by the Selection Committee (Comprising Chairperson, 2 members and Registrar of the Appellate Tribunal) \| Not applicable \| ### 3. Officer holding posts of Additional Registrar/Joint Registrar in High Courts with at least five years regular services. \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Name of post \| Number of post \| Classification \| Scale of pay \| Whether selection post or non-selection \| \| 1 \| 2 \| 3 \| 4 \| 5 \| \| Court Master \| 1\(2004) \(subject to variation dependant on work load) \| Equivalent to Gr. `A' post in the Central Government \| Rs. 6500-200-10,500 \| Not applicable \| \| Whether benefit of added years of service admissible under rule 30 of the Central Civil Services (Pension) Rules, 1972. \| Age limit for direct recruitment \| Educational and other qualifications required for direct recruitment. \| Whether age and educational qualifications prescribed for direct recruits will apply in the case of promotes \| Period of probation, if any \| \| 6 \| 7 \| 8 \| 9 \| 10 \| \| Not applicable \| Not applicable \| Not applicable \| Not applicable \| Not applicable \| \| Method of recruitment: whether by direct recruitment or by promotion or by deputation absorption and percentage of vacancies to be filled by various methods. \| In case of recruitment by promotion/deputation/absorption to be made. \| If Departmental Promotion Committee exists, what is its composition \| Circumstances in which Union Public Service Commission is to be consulted in making recruitment. \| \| 11 \| 12 \| 13 \| 14 \| \| Deputation \| (1) Officers possessing a bachelors degree or equivalent- (2) Having speed of 120 wpm in shorthand (English) (a) holding analogous posts on regular basis; or (b) With five years regular service in the scale of Rs. 5500-175-9000 or equivalent. \| Selection will be made by the Selection Committee (Comprising Registrar and Administrative-cum-Accounts Officer of the Appellate Tribunal) \| Not applicable \| \|} \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| 3.Court Master \| 1\(2004) Subject to variation dependent on workload \| Equivalent to Group 'A' post in the Central Government \| Rs. 6500- 200- 10,500 \| Not applicable \| Not applicable \| Not applicable \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 8 \| 9 \| 10 \| 11 \| 12 \| \| 13 \| 14 \| \| Not applicable \| Not applicable \| Not applicable \| Deputation \| 1. Officers possessing a bachelors degree or equivalent2. having speed of 120 wpm in shorthand (English) (i) holding analogous posts on regular basis; or(ii) with five years regular service in the scale of Rs. 5500-175-9000 or equivalent \| \| Selection will be made by the Selection Committee (comprising Registrar and Administrative-cum-Accounts Officer of the Appellate Tribunal) \| Not applicable \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| 4. Administrative-cum-Accounts Officer \| 1\(2004) \subject to variation dependent on Workload \| Equivalent to Gr.'A' post in the Central Government \| Rs.10,000-325-15,200 \| Not applicable \| Not applicable \| Not applicable \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 8 \| 9 \| 10 \| 11 \| 12 \| \| 13 \| 14 \| \| Not applicable \| Not applicable \| Not applicable \| Deputation \| Officers under Central Government- \| \| Selection will be made by the Selection Committee (comprising Chairperson,two Chairperson, two members and Registrar of the Tribunal) \| Not applicable \| \| (a) (i) holding analogous posts on regular basis; or(ii) with five years regular service in the scale of Rs. 8000-275-13,500 or equivalent;(iii) with eight years regular service in the scale of Rs. 6500-200-10,500 or equivalent(b) Possessing a Bachelor degree with at least five years experience in administrative and establishment matters at the executive or supervisory level \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| 5. Principal Private Secretary \| \(2004) \Subject to variation dependent on workload \| Equivalent to Group 'A' post in the Central Government \| Rs.10,000-325-15,200 \| Not applicable \| Not applicable \| Not applicable \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 8 \| 9 \| 10 \| 11 \| 12 \| \| 13 \| 14 \| \| Not applicable \| Not applicable \| Not applicable \| Deputation \| Officers under the Central Government- \| \| Selection will be Not applicable made by the Selection Committee (comprising Chairperson, two members and Registrar of the Tribunal) \| Not applicable \| \| (a) (i) holding analogous posts on regular basis; or(ii) with eight years regular service in the scale of Rs. 6500-10,500 or equivalent;(b) Possessing speed of stenography 100 wpm (English/Hindi) \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| 6. Private Secretary \| 1\(2004) \Subject to variation dependent on workload \| Equivalent to Group 'B' post in the Central Government \| Rs. 6500- 200- 10,500 \| Not applicable \| Not applicable \| Not applicable \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 8 \| 9 \| 10 \| 11 \| 12 \| \| 13 \| 14 \| \| Not applicable \| Not applicable \| Not applicable \| Deputation \| Officers under the Central Government- \| \| Selection will be made by the Selection Committee (comprising Registrar and Administrative-cum-Account Officer of the Tribunal) \| Not applicable \| \| (a) (i) holding analogous posts on regular basis; or(ii) with three years regular service in scale of Rs. 5500-9000 or equivalent; or(iii) with six years regular service in the scale of Rs. 5000-8000 or equivalent(iv) with eight years regular service in the scale of Rs. 4500-700 or equivalent(b) Possessing speed stenography 100 wpm (English/Hindi) \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| 7. Librarian \| 1\(2004) \Subject to variation dependent on workload \| Equivalent to Group 'B' post in the Central Government \| Rs. 6500- 200- 10,500 \| Not applicable \| Not applicable \| Not applicable \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 8 \| 9 \| 10 \| 11 \| 12 \| \| 13 \| 14 \| \| Not applicable \| Not applicable \| Not applicable \| Deputation \| Officers under the Central Government- \| \| Selection will be made by the Selection Committee (comprising Registrar and Administrative-cum-Account Officer of the Appellate Tribunal) \| Not applicable \| \| (a) (i) holding analogous posts on regular basis; or(ii) with three years regular service in scale of Rs. 5500-9000 or equivalent; or(iii) with eight years regular service in the scale of Rs. 4500-7000 or equivalent(b) (i) possessing a degree in Library Science from a recognised University(ii) 5 years experience as Librarian/Assistant Librarian in a reputed Library \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| 8. Accountant \| 1\(2004) \Subject to variation dependent on workload \| Equivalent to Group 'B' post in the Central Government \| Rs. 5500- 175- 9000 \| Not applicable \| Not applicable \| Not applicable \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 8 \| 9 \| 10 \| 11 \| 12 \| \| 13 \| 14 \| \| Not applicable \| Not applicable \| Not applicable \| Deputation \| Officers under the Central Government- \| \| Selection will be made by the Selection Committee (comprising Registrar and Administrative-cum-Account Officer of the Appellate Tribunal) \| Not applicable \| \| (a) (i) holding analogous posts on regular basis; or(ii) with ten years regular service in the scale of Rs. 4000-6000 or equivalent; or(b) should be well versed with Accounts/Establishment Administration work etc. \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| 9. Assistant \| 1\(2004) \Subject to variation dependent on workload \| Equivalent to Group 'B' post in the Central Government \| Rs. 5500- 175- 9000 \| Not applicable \| Not applicable \| Not applicable \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 8 \| 9 \| 10 \| 11 \| 12 \| \| 13 \| 14 \| \| Not applicable \| Not applicable \| Not applicable \| Deputation \| Officers under the Central Government- \| \| Selection will be made by the Selection Committee (comprising Registrar and Administrative-cum-Account Officer of the Appellate Tribunal) \| Not applicable \| \| (a) (i) holding analogous posts on regular basis; or(ii) with ten years regular service in the scale of Rs. 4000-6000 or equivalent; \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| 10. Personal Assistant \| 5\(2004) \Subject to variation dependent on workload \| Equivalent to Group 'B' post in the Central Government \| Rs. 5500- 175- 9000 \| Not applicable \| Not applicable \| Not applicable \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 8 \| 9 \| 10 \| 11 \| 12 \| \| 13 \| 14 \| \| Not applicable \| Not applicable \| Not applicable \| Deputation \| Officers under the Central Government- \| \| Selection will be made by the Selection Committee (comprising Registrar and Administrative-cum-Account Officer of the Appellate Tribunal) \| Not applicable \| \| (a) (i) holding analogous posts on regular basis; or(ii) with eight years regular service in the scale of Rs. 4000-6000 or equivalent;(b) Possessing speed of stenography of 100 Wpm (English/Hindi) \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| 11. Steno Grade D \| 1\(2004) \Subject to variation dependent on workload \| Equivalent to Group 'B' post in the Central Government \| Rs. 4000- 100- 6000 \| Not applicable \| Not applicable \| Not applicable \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 8 \| 9 \| 10 \| 11 \| 12 \| \| 13 \| 14 \| \| Not applicable \| Not applicable \| Not applicable \| Deputation \| Officers under the Central Government- \| \| Selection will be made by the Selection Committee (comprising Registrar and Administrative-cum-Account Officer of the Appellate Tribunal) \| Not applicable \| \| (a) (i) holding analogous posts on regular basis; or(ii) Lower Division Clerk with five years regular service in the scale of Rs. 3050-4590 or equivalent;(b) Possessing speed of stenography of 100 Wpm (English/Hindi) \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| 12. Cashier \| 1\(2004) \Subject to variation dependent on workload \| Equivalent to Group 'C' post in the Central Government \| Rs. 3050- 75- 4590 \| Not applicable \| Not applicable \| Not applicable \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 8 \| 9 \| 10 \| 11 \| 12 \| \| 13 \| 14 \| \| Not applicable \| Not applicable \| Not applicable \| Deputation \| Officers under the Central Government- \| \| Selection will be made by the Selection Committee (comprising Registrar and Administrative-cum-Account Officer of the Appellate Tribunal) \| Not applicable \| \| (a) (i) holding analogous posts on regular basis; or(ii) experience of cash and accounts in the Ministry/Department \| [Schedule II] [Inserted by Notification No. G.S.R. 39(E) , dated 16.1.2017 (w.e.f. 6.2.2004)] [See Rule 8(1) ] Medical Facilities ### 1. Definitions. - In this Schedule, unless the context otherwise requires- (a) "competent authority" means the Chairperson of the Appellate Tribunal and includes any other officer so designated by him in this behalf; (b) "employee" means any person appointed in accordance with these rules who is on the rolls of the Appellate Tribunal and also includes the employees who have superannuated from the said Tribunal after rendering not less than five years of regular service, having been permanently absorbed in the said Tribunal; (c) "empaneled hospital and diagnostic centre" means the Government hospitals or diagnostic centers including all recognized private hospitals or diagnostic centers under the Central Government Health Scheme for specialized and general purpose treatment and diagnostic procedures recognized vide Ministry of Health and Family Welfare O.M. No. 24/2001/JD(M)/CGHS/Delhi/CGHS(P), dated 7th September, 2001 as amended from time to time, or any private hospital or diagnostic centre notified or authorized by the Appellate Tribunal; (d) "family" shall have the same meaning as assigned to in the Central Services (Medical Attendance) Rules, 1944: Provided that the members of the family shall be treated as dependents only if their income from all sources including pension and pension equivalent to gratuity is less than three thousand five hundred rupees per month: Provided further that the members of the family shall be entitled to medical attendance and treatment even if they do not stay with the employee; (e) "pay" means basic pay plus non-practicing allowance plus stagnation increment, if any: Provided that for employees who have superannuated and are eligible for medical facilities, "pay" means the last pay drawn before the superannuation; (f) "Authorized or Notified Medical Practitioner" means a registered medical practitioner having a degree recognized under the Indian Medical Council Act, 1956 ( 102 of 1956 ), or a registered Medical Practitioner holding Degree or Diploma in Ayurveda or Unani or Siddha or Homoeopathy of not less than four years duration from a University or Statutory Board or Council or Faculty of Indian Medicine and Homoeopathy, included in the Schedules to the Indian Medicine Central Council Act, 1970 ( 48 of 1970 ) and the Homoeopathy Central Council Act, 1973 ( 59 of 1973 ), as the case may be; (g) words and expressions used in these rules but not defined, and defined in the Act, shall have the same meaning as assigned to them in the Act. ### 2. Maintenance of list of Authorized Medical Practitioners. - (1) A list of Authorized Medical Practitioners shall be prepared and maintained by Appellate Tribunal, area-wise, on the request of the employees and based on relevant documentary proof including prescription with registration number of the concerned Registered Medical Practitioner. (2) If an employee is receiving treatment from the out-patient department of an empaneled hospital or Central Government Health Scheme recognized hospital, the attending physician shall be treated as a deemed authorized or Notified Medical Practitioner for the Appellate Tribunal. Indoor Treatment ### 3. Entitlement of room charges. - (1) The entitlement for room facility, such as General Ward, Semi-private Ward, Private Ward or Day Care, in case of hospitalization shall be the same as may be specified by the Central Government Health Scheme from time to time. (2) The entitlement for room rent for General Ward, Semi-private Ward, Private Ward and Day Care shall be as per the Central Government Health Scheme rates, as amended from time to time. (3) The employees of the Appellate Tribunal shall be entitled for medical treatment including the cost of treatment, pathological, radiological, scanning, hospital accommodation, nursing home facilities, etc., as per the package rates prescribed vide Ministry of Health and Family Welfare O.M. No. 24/2001/JD(M)/CGHS/Delhi/CGHS(P) dated 7th September, 2001, as amended from time to time. (4) The employees of the Appellate Tribunal may get medical treatment in any of the empaneled hospital or diagnostic centre on the advice of Authorized or Notified Medical Practitioner or attending physician, and in case of emergency they may directly go to any private or recognized private hospital or diagnostic centre nearest to their place of residence. (5) The charges paid for clinical tests, etc, to a private non-recognized hospital or diagnostic centre shall be reimbursable as per rates prescribed for Central Government Health Scheme beneficiaries and where there are no rates prescribed, the expenses incurred shall be reimbursed on actual basis. (6) If during treatment in an empaneled hospital or diagnostic centre, special nursing becomes necessary, the employee or a member of his family shall be entitled to such special nursing as may be deemed essential for the recovery or for the prevention of serious deterioration in the condition of the patient having regard to the nature of the disease, and the amount to be reimbursed for such special nursing shall be limited to the amount, which is in excess of twenty-five per cent. of the pay of the employee concerned for the period for which special nursing was necessary, for which a certificate from the Medical Officer-in-charge, countersigned by the Medical Superintendent shall be produced. (7) Package rates for duration of indoor treatment shall be as follows: (a) 12 days for specialized procedure; (b) 7-8 days for other procedures; (c) 3 days for laparoscopic surgery; (d) 1 day for day care or minor procedures (out-patient). ### 4. Submission of claims. - (1) Final claims for reimbursement of medical expenses for a particular spell of illness shall ordinarily be preferred within three months from the date of completion of the treatments shown in the prescription issued by the attending physician. (2) All claims for reimbursement shall be accompanied with prescription and cash memos or vouchers duly signed by the Medical Officer indicating the registration number. (3) The application for medical claims shall be submitted in the Form given at Appendix A. (4) All expenses on indoor treatment shall initially be met by the employee himself and shall claim for medical reimbursement on completion of the treatment. (5) Normally the recognized private hospitals or diagnostic centres, who entered into agreement with the Appellate Tribunal, shall charge the rates approved for the package rate and they shall also extend credit facility in emergency cases as specified in the Memorandum of Agreement signed with private hospitals or diagnostic centres to the employees of the Appellate Tribunal undertaking treatment in their hospital or diagnostic centre, and submit the bill for reimbursement as per approved rates to the Appellate Tribunal: Provided that in case of hospital or diagnostics centres insisting for immediate payment of the cost of treatment, room rent, medicines, various test, etc., the Appellate Tribunal may sanction advance payment to the extent of ninety per cent. of approximate expenses as per package rate prescribed for Central Government Health Scheme beneficiaries and issue an account payee cheque in the name of the hospital concerned, and the balance payment shall be made on submission of final claim by the beneficiary. Outdoor Treatment ### 5. Entitlements. - (1) Officers and staff shall be entitled to the reimbursement of medical expenses on actual basis for non-hospitalization cases, for themselves and their family members including dependents on production of prescription from Authorized or Notified Medical Practitioners along with bills or cash memos of medicines or tests. (2) In the case of superannuated employees of the Appellate Tribunal, the annual ceiling of the expenses incurred on outdoor treatment shall be as per Central Government Health Scheme package deal rates or maximum of the Level in the respective Pay Matrix of a serving employee holding equivalent post, whichever is lower. ### 6. Treatment abroad. - For treatment during foreign visit, reimbursement shall be limited to entitlement in accordance with the provisions of the Central Services (Medical Attendance) Rules, 1944. ### 7. When both husband and wife are Government servants. - Where husband and wife both are employed in the Central Government or State Government or Public Sector Undertakings or Autonomous bodies or Statutory bodies or Local bodies, etc., a joint declaration shall be furnished by the employees to the effect that his or her spouse is not availing medical facility provided by his or her employer. ### 8. Submission of claims. - (1) The employees are required to prefer the claims within three months from the date of completion of treatment. (2) The employees are also required to submit the following, namely:- (i) original prescription with registration number of the Authorized or Notified Medical Practitioner; and (ii) original bills or cash memos of medicines or tests. (3) The application for medical claims shall be submitted in the Form given at Appendix B. ### 9. Other conditions. - (1) Inadmissible medicines as specified in Schedule I and Schedule II of sub-clause (iii) of clause (h) of rule 2 of the Central Services (Medical Attendance) Rules, 1944 are not reimbursable. (2) The competent authority in the Appellate Tribunal shall be empowered to disallow any claims or part of the claim which does not satisfy the required condition for such claim. (3) The expenditure on account of reimbursement of medical claims in any month shall be monitored by applying the benchmark of an amount equivalent to one-twelfth of the budgetary provision for medical expenses (for indoor as well as outdoor treatment) for that particular year and in the event of such expenditure exceeding the aforesaid benchmark ceiling in any particular month, the Chairperson of the Appellate Tribunal shall be the competent authority to approve such expenditure in excess of the benchmark ceiling. ### 10. Interpretation. - Wherever clarification or interpretation or relaxation and extension of any of the provisions of this regulation arise, the Appellate Tribunal may refer the matter to the Central Government and the decision of the Central Government shall be final in such matters. Appendix - A Appellate Tribunal for Electricity Form of Application for Medical Claims Form of application for claiming refund of medical expenses incurred in connection with medical attendance or treatment of the Employees of Appellate Tribunal for Electricity or their families for treatment in a Hospital: ### 1. Name and designation of the Employee (in Block Letters) (i) Whether married or unmarried (ii) If married, the place where wife/ husband is employed ### 2. Pay of the Employee as defined in the Fundamental Rules and any other emoluments which should be shown separately ### 3. Place of duty ### 4. Actual residential address ### 5. Name of the patient and his/ her relationship to the employee ### 6. Place at which the patient fell ill ### 7. Details of the amounts claimed Name of the Hospital Charges for Hospital treatment, indicating separately the charges for- (i) Accommodation (State whether it was according to the status or pay of the employees and in cases where the accommodation is higher than the status of the employee, a certificate should be attached to the effect that the accommodation to which he was entitled was not a available) (ii) Diet (iii) Surgical operation or medical treatment or confinement (iv) Pathological, Bacteriological, Radiological or other similar tests, indicating - (a) The name of the hospital or laboratory at which undertaken; and (b) Whether undertaken on the advice of the Medical Officer in charge of the case at the hospital. If so, a certificate to the effect should be attached. (v) Medicines (vi) Special medicines (Cash memos and the Essentiality Certificate should be attached) (vii) Ordinary nursing (viii) Special nursing, i.e., nurses, specially engaged for the patient. State whether they are employed on the advice of the Medical Officer in charge of the case at the hospital or at the request of the Employee or patient. In the former case a certificate from the Medical Officer in charge of the case and countersigned by the Medical Superintendent of the Hospital should be attached. (ix) Ambulance charges - (state the journey - to and fro - undertaken) (x) Any other charges, e.g., charges for electric light, fan, heater, air-conditioning, etc. State also whether the facilities referred to are a part of the facility normally provided to all patients and no choice was left to the patient. ### 8. Total amount claimed ### 9. Less advance taken on ### 10. Net amount claimed ### 11. List of enclosures Declaration to be Signed by the Government Servant I hereby declare that the statements in the application are true to the best of my knowledge and belief and that the person for whom medical expenses were incurred is wholly dependent upon me. Date Signature of the Employees Appendix - B Appellate Tribunal for Electricity Form of Application for Reimbursement of Medical Claim ### 1. Name and Designation \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. Basic Pay + Dearness Allowance \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 3. Name of the patient \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ and relationship ### 4. Place at which patient \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Fell ill ### 5. Name of the Doctor/\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| \| \| \| --- \| --- \| --- \| \| Claim Details \| Amount Claimed \| Amount Admitted \| \| \| Rs. P. \| Rs. P. \| \| a) Consultation Charges: number and dates of consultations b) Special Consultations number and dates of consultations c) Pathological Charges: d) Cost of Medicines S. No. Cash Memo No. Date \| \| \| \| Rupees (In words) \| \| \| I hereby declare that the statements in the application are true to the best of my knowledge and belief and that the person for whom medical expenses were incurred is wholly dependent upon me. List of encl: Date: Signature of the Employee.
65b93fa4ab84c7eca86e8b90	acts	State of Odisha - Act ----------------------- Orissa Rules under The Workmen's Compensation Act, 1923 --------------------------------------------------------- ODISHA India Orissa Rules under The Workmen's Compensation Act, 1923 ========================================================= Rule ORISSA-RULES-UNDER-THE-WORKMEN-S-COMPENSATION-ACT-1923 of 1923 --------------------------------------------------------------------- * Published on 3 December 1938 * Commenced on 3 December 1938 Orissa Rules under The Workmen's Compensation Act, 1923 Published vide Notification No. 7964-Com., dated 3.12.1938 No. 7964-Com.-Dated 3.12.1938. - In exercise of the powers conferred on them by Section 32 of the Workmen's Compensation Act, VIII of 1923, the Government of Orissa are pleased to make the following rules in supersession of all previous rules on the subject made by the Governor of Bihar and Orissa, Madras and the Central Province and Berar and which have been in force in the Province of Orissa. Chapter -1 Fees ### 1. The following fees shall be payable in respect of proceedings under this Act- \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| I. \| Applications for compensation- \| \| \| \| \| (a) \| Where compensation is claimed in the form of recurring payments; \| ... \| Fifty paise \| \| \| (b) \| Where compensation is claimed in the form of lump sum \| ... \| One rupee where the sum does not exceed Rs. 500 plus one rupee for each additional sum of Rs. 500 or fractional thereof. \| \| II. \| Applications for commutation \| \| \| \| \| (a) \| By agreement between parties \| ... \| Fifty paise \| \| \| (b) \| In all other cases \| ... \| One rupee \| \| III. \| Application for the deposit of compensation \| \| \| \| \| (a) \| Under Section 8 (1) of the Act \| ... \| Nil \| \| \| (b) \| Under Section 8 (2) of the Act \| ... \| Fifty paise \| \| \| (In respect of each person to whom compensation is payable) \| \| \| \| IV. \| Applications for distribution by dependents for each dependant \| ... \| One rupee \| \| V. \| Application for review- \| \| \| \| \| (a) \| Where the review claimed is the continuance, increase, decrease, or ending of half monthly payment \| ... \| Fifty paise \| \| \| (b) \| Where the half-monthly payments are sought to be converted into a lump sum \| ... \| Two rupees \| \| \| (c) \| In all other cases \| ... \| One rupee \| \| VI. \| Applications for the registration of agreements \| \| \| \| \| (a) \| Where the application of the memorandum of agreement is signed by both parties \| ... \| Nil \| \| \| (b) \| In all other cases \| ... \| Fifty paise \| \| VII. \| Applications to summon witness- \| \| \| \| \| (a) \| For the first witness mentioned in application \| ... \| Fifty paise \| \| \| (b) \| For every subsequent witness \| ... \| Twenty-five paise \| \| VIII. \| Application for the indemnification \| ... \| Three rupees \| \| IX. \| Application for the recovery of compensation- \| \| \| \| \| (a) \| Under an order already passed by the Commissioner \| ... \| Fifty paise \| \| \| (b) \| In all cases \| ... \| The same fee as is payable on a similar application for compensation \| \| X. \| All applications not otherwise provided for \| ... \| Fifty paise \| ### 2. In the case of any applications failing under head X, the Commissioner may if he thinks fit, permit the application to be made with fee. ### 3. If in any case the Commissioner considers that he ought to pass orders granting relief of a different kind or to a different extent from that claimed by the applicant, and if the fee which would have been payable by the applicant on an application for the relief which the Commissioner considers to be is due is greater than the fee which has actually been paid, the Commissioner may require the applicant to deposit fees to the extent of the difference. The order shall not be executed until the difference is paid. Chapter II Costs --------------------- ### 4. Where the Commissioner directs that any costs shall not follow the event, he shall state his reasons in writing. ### 5. The costs which may be awarded shall include - (a) the charges necessarily incurred on account of Court-fees; (b) the charges necessarily insured on subsistence money to witness; and (c) pleader's fees on the scale prescribed in the following rule. ### 6. In any proceeding involving an application for compensation in the form of a lump sum an application for commutation or an application for indemnification the pleader's fee allowed shall be Rs.10 subject by special order of the Commissioner to diminution to a sum not less than Rs.5 and to increase to a sum not more than Rs-50 for each such proceedings. In all other applications the pleader's fee allowed shall be Rs. 9 subject to increase by special order to a sum not exceeding Rs. 20. ### 7. When a party engages more pleaders than one to conduct or defend a case he Shall be allowed one set of costs only. ### 8. If several defendants have substantially one defence to make not more than one pleader's fee should be allowed, and such fee shall be apportioned by the Court among the several defendants as it may think fit. ### 9. If several defendants have separate and distinct defences, they may be allowed separate costs whether they are represented by separate pleaders or not. Chapter III Statement regarding fatal accidents ---------------------------------------------------- ### 10. (1) The notice to be sent by a Commissioner under Sub-section (1) of Section 10-A of the Act shall in Form I and shall be accompanied by copy of Form II. (2) The statement to be submitted by an employer under Section 10-A shall be in Form II. Form I Whereas I have received information that (1) ..............a workman employed by you in (2)..................has died as the result on an accident arising out of and in the course of employment. I hereby require you in accordance with Section 10-A of the Workmen's Compensation Act, 1923 to submit to me within 30 days of the receipt of this notice the enclosed form with the particulars required in paragraphs 1 and 2 and the particulars required in either paragraph 3 or paragraph 4 duly filled in. In the event of your admitting liability to pay compensation, the necessary deposits must under Section 10-A (2) of the Act, be made within 30 days of the receipt to this notice. .............. Commissioner Workmen's Compensation. Form II ### 1. In reply to your notice, dated the............20...... which was received by me on the ........20 it is submitted that (1) .........residing at .............workmen over/under 15 years of age and employed in (2).............met with an accident on the.............. 20......as a result of which died on the ............20...........The monthly wages of the deceased amounted to Rs............. ### 2. The circumstances in which the deceased met his death were as follows : ### 3. I admit liability to pay as compensation, on account of the deceased's death amount of Rs.............was/will be deposited with you on/before the........20............. ### 4. I disclaim liability to pay compensation on account of the deceased's death on the following grounds : ........................................................... ........................................................... ..................................................Employer. (1) Insert name of workmen. (2) Insert name of establishment. Chapter IV Notice book under Section 10(3) ----------------------------------------------- ### 11. (1) A notice book shall be maintained under Sub-section (3) of Section 10 of the Act by employers who employ 100 or more workmen in railway workshops. Form III Notice Book of Accidents (To be filled up by or on behalf of workmen) Date and time of accident..................................................................... Date and time of notice....................................................................... Name of person injured ....................................................................... Address.................................................................. Cause of injury............................................................... Signature or thumb-impression of person giving notice. (To be filled up by the employer or his agent) Rate of wages................................................................................. Place of accident............................................................................. Nature of injuries...................................................... Name of eye-witness...................................................... Note of circumstances........................................................................ [Chapter V] [Inserted vide L.E. & H. Department Notification No-33-Dated/3.1.1966.] Prescribing abstract of the Act under Act to be displayed by the employer under Section 30(O) ### 12. The abstracts of the Act to be displayed by the employer under Section 32(O) shall be displayed in English and in a language understood by the majority of the persons employed, in Form IV- Form IV ### 1. Section 2(1) (d). -"dependent" means any of the following relative of a deceased workmen, namely : (i) a widow, a minor legitimate son and unmarried legitimate daughter, or a widowed mother and (ii) if wholly dependent on the earnings of the workman at the time of his death a son or a daughter who has attained the age of 18 years and who is infirm; (iii) if wholly or in part dependent on the earnings of the workman at the time of his death- (a) widower, (b) a parent other than a widowed mother, (c) a minor illegitimate son, an unmarried illegitimate daughter or a daughter legitimate or illegitimate if married and a minor or if widowed and a minor, (d) a minor brother or an unmarried sister or a widowed sister if a minor, (e) a widowed daughter-in-law, (f) a minor child or a pre-deceased son; (g) a minor child of a pre-deceased where no parent of the child is alive, or (h) a paternal grand parent if no parent of the workman is alive; (i) "partial disablement" means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity of a workman in any employment in which he was engaged at the time of the accident resulting in the disablement, and where the disablement is of a permanent nature, such disablement as reduces his earning capacity in every employment which he was capable of undertaking at that time, provided that every injury specified in Part II of Schedule I shall be deemed to result; in permanent partial disablement; (j) "total disablement" means such disablement, whether of a temporary or permanent nature as incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such disablement : Provided that permanent total disablement shall be deemed to result from every injury specified in Part I of Schedule I or from any combination of injuries specified in Part II thereof where the aggregate percentage of the loss of earning capacity as specified in said part against those injuries amounts to one hundred per cent or more; (k) "workman" means any person (other than a person whose employment is of a casual nature and who is employed otherwise than for the purpose of the employer's trade or business) who is- (i) a railway servant as defined in Section 3 of the Indian Railways Act, IX of 1890, not permanently employed in any administrative, district or subdivisional of a railway and not employed in any such capacity as is specified in Schedule II; or (ii) employed on monthly wages not exceeding five hundred rupees, in any such capacity as is specified in Schedule II, whether the contract or employment was made before or after the passing of this Act and whether such contract is expressed or implied, oral of in writing; but does not include any person working in the capacity of a member of the Armed Forces of the Union; and any reference to a workman who has been injured shall, where the workman is dead include a reference to his defendants or any of them. II ---- [See Section 2(1) (n)] List of Persons who, Subject to The Provisions of Section 2(1) (n) are included in The Definition of Workmen The following persons are workmen within the meaning of Section 2(1) (n) and subject to the provisions of that Section, that is to say any person who is- (i) employed, otherwise than in a clerical capacity or on a railway, in connection with the operation or maintenance of a lift or a vehicle propelled by steam or other mechanical power or by electricity or in connection with the loading or unloading of any such vehicle; or (ii) employed, otherwise than in a clerical capacity, in any premises wherein or within the precincts whereof a manufacturing process as defined in Clause (k) of Section 2 of the Factories Act, 1948 is being carried on, or in any kind of work whatever incidental to or connected with any such manufacturing process or with the article made (whether or not employment in any such work is within such premises or precincts) and steam , water or other mechanical power or electrical power is used; or (iii) employed for the purpose of making, altering, repairing ornamenting, finishing or otherwise adopting for use, transport or any article or part of an article in any premises wherein or within the precincts whereof twenty or more persons are so employed; Explanation. - For the purposes of this clause, persons employed outside such premises or precincts but in any work incidental to, or connected with, the work relating to making, altering, repairing, ornamenting, finishing or otherwise adopting for use, transport or sale any article or part of an article shall be deemed to be employed within such premises or precincts; or (iv) employed in the manufacture or handling of explosives in connection with the employer's trade or business; or (v) employed, in any mine as defined in Clause (i) of Section 2 of the Mines Act, 1952, in any mining operation or in any kind of work, other than clerical work, incidental to or connected with any mining operation or with the mineral obtained, or in any kind of work whatsoever below ground; or (vi) employed as the master or as a seaman of- (a) any ship which is propelled wholly or in part by steam or other mechanical power or by electricity or which is towed or intended to be towed by a ship so propelled; or (b) any ship not included in Sub-clause (a) of twenty five tons net tonnage or over; or (c) any sea-going ship not included in Sub-clause (a) or Sub-clause (b) provided with sufficient area for navigation under sails along; or (vii) employed for the purpose of- (a) loading, unloading, fuelling, constructing, repairing, demolishing, cleaning or painting any ship of which he is not the master or a member of the crew, or handling or transport within the limits or any port subject to the Indian Ports Act, 1908, of goods which have been discharged from or are to be loaded into any vessels; or (b) warping a ship through the lack; or (c) mooring and unmooring ships at harbour wall berths or in pier; or (d) removing or replacing dry dock caisoons when vessels are entering or leaving dry docks; or (e) the docking or undocking of any vessel during an emergency; or (f) preparing splicing coir springs and check wires, painting depth marks on lock-sides, removing or replacing fenders whenever necessary, landing of fag wags, maintaining lifebuoys upto or any other maintenance work of a like nature; or (g) any work or jolly-boats for bringing a ship's line to the wharf; or (viii) employed in the construction, maintenance, repair or demolition of- (a) any building which is designed to be or is or has been more than one story in height above the ground or twelve feet or more from the ground level to the apex of the roof; or (b) any dam or embankment which is twelve feet or more in height from its lowest to its highest point; or (c) any road, bridge, tunnel or canal; or (d) any wharf, quay, sea-wall or other marine work including any moorings of ships; or (ix) employed in sheeting up maintaining, repairing or taking down any telegraphs or telephone line or Post or any overhead electric line or cable or post or standard or fittings and fixures for the same; or (x) employed otherwise than In a clerical capacity in the construction, working, repair or demolition of any aerial ropeway, canal, pipeline or sewer; (xi) employed in the service of any fire brigade; or (xii) employed upon a railway as defined in Clause (4) of Section 3 and Sub-section (1) of Section 148 of the Indian Railways Act, 1890, either directly or although a sub-contractor, by a person fulfilling a contract with the railway administration; or (xiii) employed as an Inspector, mail guard, sorter or van peon in the Railway Mail Service (or as a telegraphist or as a postal or railway signaler) or employed in and occupation ordinarily involving outdoor work in the Indian Posts and Telegraph Department; or (xiv) employed otherwise than in a clerical capacity in connection with operations for winning natural petroleum or natural gas; or (xv) employed in any occupation involving blasting operations; or (xvi) employed in the making of any execution in which or any one day of the preceding twelve months more than (twenty-five) persons have been employed or explosives have been used or whose depth from its highest to its lowest point exceeds (twelve) feet; or (xvii) employed in the operation of any ferry boat capable of carrying more than ten persons; or (xviii) employed otherwise than in a clerical capacity, on any estate which is maintained for the purpose of growing (cardamom) cinchona, coffee, rubber or tea and on which on any one day in the preceding twelve months, twenty-five or more persons have been so employed; or^ (xix) employed otherwise than in a clerical capacity, in the generating, transforming or supplying of electrical energy or in the generating or supplying of gas; or (xx) employed in a light house as defined in Clause (d) of Section 2 of the Indian Lighthouse Act, 1972; or (xxi) employed in producing cinematography pictures intended for public exhibition or in exhibiting such pictures; or (xxii) employed in the training, keeping or working of elephants or wild animals; (xxiii) employed in the tapping of palm-trees or the felling or logging of trees or the transport of timber by inland waters or the control or extinguishing of forest fires; or (xxiv) employed in operation for the catching or hunting of elephants or wild animals; or (xxv) employed as driver; or (xxvi) employed in the handling or transport of goods, or within the precincts of- (a) any warehouse or other places in which goods are stored and in which on any one day of the preceding twelve months ten or more persons have so employed; or (b) any market in which any one day of preceding twelve months (fifty) or more persons have been so employed; or (xxvii) employed in any occupation involving the handling and manipulation of radium or X-rays apparatus, or contract with radio-active substances; or (xxviii) employed in or in connection with the construction erection, dismantling operation or maintenance of an aircraft as defined in Section 2 of the Indian Aircraft Act, 1934; or (xxix) employed in farming by tractors or other contrivances driven by steam or other mechanical power or by electricity; or (xxx) employed otherwise than in a clerical capacity, in the Construction, working, repair or maintenance of a tubewell; or (xxxi) employed in the maintenance, repair or renewal of electric fittings in any building; or (xxxii) employed in a circus. Explanation. - In this Schedule the preceding twelve months' relates in any particular case to the twelve month ending with the day on which the accident in such case occurred. ### 3. Section 3(1) - Employer's liability for compensation. - If personal injury is caused to a workman by accident arising out of and in the course of his employment, the employer shall be liable to pay compensation in accordance with the provisions of this Chapter: Provided that the employer shall not be so liable- (a) in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding three days; (b) in respect of any injury not resulting in death caused by an accident which is directly attributable to - (i) the workman have been at the time thereof under the influence of drink or drugs; or (ii) the wilful disobedience of the workman to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of workmen, or (iii) the wilful removal or disregard by the workman of any safety guard or other device which he knew to have been provided for the purpose of securing safety of workman. ### 4. Section 4(1) . - Subject to the provisions of this Act, the amount of compensation shall be as follows, namely : (a) where death results from the injury and deceased workman has been in receipt of monthly wages falling within limits shown in the first column of Schedule IV, the amount shown against such limits in the second column thereof; (b) where permanent total disablement results from the injury and the injured workman has been in receipt of monthly wages falling within limits shown in the first column of Schedule IV, the amount shown against such limits in the column thereof; (c) where permanent partial disablement results from the injury- (i) in the case of an injury specified in Part II of Schedule I, such percentage of the compensation which would have been payable in the case of permanent total disablement as is specified therein as being the percentage of the loss of earning capacity caused by that injury, and (ii) in the case of an injury not specified in Schedule I such percentage of the compensation payable in the case of permanent total disablement, as is proportionate to the loss of earning capacity permanently caused by the injury. Explanation. - Where more injuries than one are caused by the same accident the amount of compensation payable under this head shall be aggregated but not so in any case as to exceed the amount which would have been payable if permanent total disablement has resulted from the injuries; (d) where temporary disablement, whether total or partial, result from the injury and the injured workman has been in receipt of monthly wages falling within limits shown in the first column of Schedule IV-A half monthly payment of the sum shown against such limits in the fourth column thereof payable on the sixteenth day- (i) from the date of the disablement, where such disablement lasts for a period of twenty-eight days or more, or (ii) after the expiry of a waiting period of three days from the date of the disablement, where such disablement lasts for a period of less than twenty-eight days, and thereafter half-monthly during the disablement or during a period of five years, which ever period is shorter provided that - (a) there shall be deducted from any lump sum of half-monthly payments to which the workman is entitled the amount of any payment or allowance which the workman has received from the employer by way of compensation during the period of disablement prior to the receipt of such lump sum or of the first half-monthly payment as the case may be; and (b) no half-monthly payment shall in any case exceed the amount, if any, by which half the amount of the monthly wages of the workman before the accident exceeds half the amount of such wages which he is earning after the accident. Explanation. - Any payment or allowance, which the workman has received from the employer towards his medical treatment shall not be deemed to be a payment or allowance received by him by way of compensation within the meaning of Clause (a) of the proviso. (2) On the ceasing of the disablement before the date on which any half-monthly payment falls due, there shall be payable in respect of that half-month a sum proportionate to the duration of the disablement in that half-month. I --- [See Sections 2 (1) & (4)] \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Sl. No. \| Description of injury \| \| Percentage of loss of earning capacity \| \| (1) \| (2) \| \| (3) \| \| Part I List of Injuries Deemed to Result in Permanent Total Disablement \| \| 1. \| Loss of both hands or amputation at higher sites \| ... \| 100 \| \| 2. \| Loss of hand and a foot \| ... \| 100 \| \| 3. \| Double amputation-through leg or thigh or amputation through leg or thigh on one side and loss of other foot \| ... \| 100 \| \| 4. \| Loss of sight to such an extent as to render the claimant unable to perform any work for which eyesight is essential \| ... \| 100 \| \| 5. \| Very severe facial disfigurement \| ... \| 100 \| \| 6. \| Absolute deafness \| ... \| 100 \| \| Part II List of Injuries Deemed to Result on Permanent Partial Disablement \| \| \| Amputation cases, upper limbs (either arm) \| \| \| \| 1. \| Amputation through shoulder joint \| ... \| 90 \| \| 2. \| Amputation below shoulder with stump less than 8" from upto acromion. \| ... \| 80 \| \| 3. \| Amputation from from tip of acromion to less than 4.5" below tip of olecranon. \| ... \| 70 \| \| 4. \| Loss of a hand or of the thumb and four fingers of one hands or amputation from 4.5" below tip of olecranon. \| ... \| 60 \| \| 5. \| Loss of thumb \| ... \| 30 \| \| 6. \| Loss of thumb and its metacarpal bone \| ... \| 40 \| \| 7. \| Loss of four fingers of one hand \| ... \| 50 \| \| 8. \| Loss of three fingers of hand \| ... \| 30 \| \| 9. \| Loss of two fingers of one hand \| ... \| 20 \| \| 10. \| Loss of terminal phalanx of thumb \| ... \| 20 \| \| Amputation cases - Lower limbs \| \| 11. \| Amputation of both feet resulting in end-bearing stumps \| ... \| 90 \| \| 12. \| Amputation through both feet proximal to the metatarso-phalangeal joint \| ... \| 80 \| \| 13. \| Loss of all toes of both feet through the metatarsoso- phalangeal joint \| ... \| 40 \| \| 14. \| Loss of all toes of both feet proximal inter-phalangeal joint \| ... \| 30 \| \| 15. \| Loss of all toes of both feet distal to the proximal interphalangeal joint \| ... \| 20 \| \| 16. \| Amputation at hip \| ... \| 90 \| \| 17. \| Amputation below him with stump not exceeding 5" in length measured from tip of great trenchanter \| ... \| 80 \| \| 18. \| Amputation below hip with stump exceeding 5" in length measured from tip of great trenchanter, but not beyond middle high. \| ... \| 70 \| \| 19. \| Amputation below middle thigh to 3.5" below knee \| ... \| 60 \| \| 20. \| Amputation below knee with stump exceeding 3.5" but not exceeding 5". \| ... \| 50 \| \| 21. \| Amputation below knee with stump exceeding 5" \| ... \| 40 \| \| 22. \| Amputation of one foot resulting in end-bearing \| ... \| 30 \| \| 23. \| Amputation through one foot proximal to the metatarsophalangeal joint \| ... \| 30 \| \| 24. \| Loss of all toes of one foot through the metatarsophalangeal joint. \| ... \| 20 \| \| Other injuries \| \| 25. \| Loss of one eye, without complications, the other being normal. \| ... \| 40 \| \| 26. \| Loss of vision of one eye, without complications, or disfigurement of eye-ball, the other being normal \| ... \| 30 \| \| Loss of Fingers of right or left hand-Index finger \| \| 27. \| Whole \| ... \| 14 \| \| 28. \| Two phalanges \| ... \| 11 \| \| 29. \| One phalanx \| ... \| 9 \| \| 30. \| Guillotion amputation of tip without loss of bone \| ... \| 5 \| \| Middle finger \| \| 31. \| Whole \| ... \| 12 \| \| 32. \| Two phalanges \| ... \| 9 \| \| 33. \| One phalanx \| ... \| 7 \| \| 34. \| Guillotine amputation of tip without loss of bone \| ... \| 4 \| \| Ring or little finger \| \| 35. \| Whole \| ... \| 7 \| \| 36. \| Two phalanges \| ... \| 6 \| \| 37. \| One phalanx \| ... \| 5 \| \| 38. \| Guillotion amputation of tip without loss of bone \| ... \| 2 \| \| B. Toes of right and left foot - Great toe \| \| 39. \| Through metatarso phalangeal joint \| ... \| 14 \| \| 40. \| Part, with some loss of bone \| ... \| 3 \| \| Any other toe \| \| 41. \| Through metatarso phalangeal joint \| ... \| 3 \| \| 42. \| Part, with some loss of bone \| ... \| 1 \| \| Two toes of one foot, excluding great toe \| \| 43. \| Through metatarsophalangeal joint \| ... \| 5 \| \| 44. \| Part, with some loss of bone \| ... \| 2 \| \| Through toes of one foot, excluding great toe \| \| 45. \| Through metatarso phalangeal joint \| ... \| 6 \| \| 46. \| Part, with some loss of bone \| ... \| 3 \| \| Four, toes of one foot excluding great toe \| \| 47. \| Through metatarso phalangeal joint \| ... \| 9 \| \| 48. \| Part, with some loss of bone \| ... \| 3 \| [Note. - Complete and permanent loss of the use of any limb or member referred to in this Schedule shall be deemed to be the equivalent of the loss of that limp or member] [Added by Act 58 of 1960.] . [Schedule II] [Substituted by Act 65 of 1976.] [See Section 4] Compensation Payable in Certain Cases \| \| \| --- \| \| Amount of compensation for - \| \| Monthly wages of the workmen injured \| Death \| Permanent total disablement \| Half monthly payment as compensation for temporary disablement \| \| (1) \| (2) \| (3) \| (4) \| \| More than- \| But not more than \| \| \| \| \| Rs. \| Rs. \| Rs. \| Rs. \| Rs. P. \| \| 0 \| 10 \| 1,000 \| 1400 \| Half his monthly wages \| \| 10 \| 13 \| 1,100 \| 1,540 \| Ditto \| \| 13 \| 18 \| 1,200 \| 1,680 \| 6-50 \| \| 18 \| 21 \| 1,260 \| 1,764 \| 7-00 \| \| 21 \| 24 \| 1,440 \| 2,016 \| 8-00 \| \| 24 \| 27 \| 1,620 \| 2,268 \| 8-50 \| \| 27 \| 30 \| 1,800 \| 2,530 \| 9-50 \| \| 30 \| 35 \| 2,100 \| 2,940 \| 9-50 \| \| 35 \| 40 \| 2,400 \| 3,360 \| 10-00 \| \| 40 \| 45 \| 2,700 \| 3,780 \| 13-00 \| \| 45 \| 50 \| 3,000 \| 4,200 \| 13-00 \| \| 50 \| 60 \| 3,600 \| 5,040 \| 18-50 \| \| 60 \| 70 \| 4,200 \| 5,880 \| 18-50 \| \| 70 \| 80 \| 4,800 \| 6,720 \| 20-00 \| \| 80 \| 100 \| 6,000 \| 8,400 \| 26-00 \| \| 100 \| 150 \| 7,000 \| 9,800 \| 37-50 \| \| 150 \| 200 \| 7,000 \| 9,800 \| 52-50 \| \| 200 \| 300 \| 8,000 \| 11,200 \| 60-00 \| \| 300 \| 400 \| 9,000 \| 12,600 \| 75-00 \| \| 400 \| - \| 10,000 \| 14,000 \| 87-50 \| ### 5. Section 3(2) . - Occupational Diseases for which compensation is payable - If a workman employed in any employment specified in Part A of Schedule III contracts and disease specified therein as an occupational disease peculiar to that employment, or if a workman, whilst In the service of an employer in whose service he has been employed for a continuous period of not less than six months (which period shall not include a period of service under any other employer in the same kind of employment) in any employment specified in Part B of Schedule III, contracts any disease specified therein as an occupational disease peculiar to that employment or if a workman whilst in the service of one or more employees in any employment specified in Part C of Schedule III for such continuous period as the Central Government may specify in respect of each employment, contracts any disease specified therein as an occupational disease peculiar to that employment, the contracting of the disease shall be deemed to be an injury by accident within the meaning of this section and unless the contrary is proved, the accident shall be deemed to have arisen out of and in the course of the employment : Provided that if it is proved (a) that a workman whilst in the service of one or more employers in any employment specified in Part C of Schedule III has contracted a disease specified therein as in occupational disease peculiar to that employment during a continuous period which is less than the period specified under this Sub-section for that employment; and (b) that the disease has arisen out of and in the course of the employment; the contracting of such disease shall be deemed to be an injury by accident within, the meaning of this Section : Provided further that if it is proved that a workman who having served under any employer in any employment specified in Part B of Schedule III or who having served under any one or more employers in any employment specified in Part C of Schedule III for a continuous period specified under this Sub-section for the employment and he has after the cessation of such service contracted any disease specified in the said Part B or the said Part C, as the case may be, as an occupational disease peculiar to employment and that such disease arose out of the employment, the contracting of the disease shall be deemed to be an injury by accident within the meaning of this Section. (2-A) If a workman employed in any employment specified in Part C of Schedule III contracts any occupational disease peculiar to that employment, the contracting whereof is deemed to be an injury by accident within the meaning of this Section and such employment was under more than one employer, all such employers shall be liable for the payment of the compensation in such proportion as the Commissioner may, in the circumstances, deem just. III ----- [See Section 3] List of Occupational Diseases \| \| \| \| --- \| --- \| \| Occupational disease \| Employment \| \| (1) \| (2) \| \| Part A \| \| Anthrax \| Any employment- \| \| \| (a) involving the handling of wool, hair, bristles or animal carcasses, or parts of such carcasses, including hides, hoofs and horns, or \| \| \| (b) in connection with animal infected with anthrax; or \| \| \| (c) involving the loading, unloading or transport of any merchandise. \| \| Compressed air illness or its sequelae ... \| Any process carried on in compressed air. \| \| Poisoning by lead tetra-ethyl ... \| Any process involving the use of lead tetra-ethyl. \| \| Poisoning by nitrous fumes ... \| Any process involving the exposure to nitrous fumless. \| \| [Poisoning by organic phosphorous insecticides ... \| Any process involving the use or handling or exposure to the fumes, dust or vapour containing any of the organic phosphorous insecticides. \| \| Part B \| \| Poisoning by lead, its alloys or compounds or its sequlae excluding poisoning by leae tetra ethyl;... \| Any process involving the handling or (use of lead ore or lead) or any of its preparation or compounds except lead tetra ethyl. \| \| Poisoning by phosphorous or its compounds, or its sequelae... \| Any process involving liberation of phosphorous or use or handling of phosphorus or its preparation or compounds. \| \| Poisoning by mercury, its amalgams and compounds, or its sequelae... \| Any process involving the use of mercury or its preparations or compounds. \| \| Poisoning by henxene, or its homologous their amidol and nitro-derivatives or its sequelae... \| Any process involving the manufacture, liberation, or use of benzene, benezene homologous and their amidol and introderivatives. \| \| Chrome ulceration or its sequelae... \| Any process involving the chromic acid or bichromate of ammonium, potassium or sodium or their preparation (or the manufacture of bichromate). \| \| Poisoning by ascenic or its compounds, or its sequelae \| Any process involving the production, liberation or utilisation of arsenic or its compounds. \| \| Pathological manifestatidns due to- \| \| \| (a) Radium and other radio active substances; \| Any process involving exposure to the action of radium, radioactive substances or X-rays. \| \| (b) X-ray \| \| Primary epitheliomatous cancer of the skin ... \| Any process involving the handling or use of tar, pitch, bitumen, mineral oil, paraffin or the compounds, products or residues of these substances \| \| Posting by halogenated hydro-carbons of the aliphatic seril and their halogen derivatives. \| Any process involving the manufacture, (liberation) and use of hydrocarbons of the aliphatic seril and their halogen derivatives. \| \| Poisoning by carbon disulphide or its sequelae \| Any employment in - \| \| \| (a) the manufacture of artificial silk disulphide; or \| \| \| (b) the manufacture of artificial silk viscose process; or \| \| \| (c) rubber industry; or \| \| \| (d) any other industry involving the production or use of products containing carbon disulphide or exposure to emanations from carbon disulphide. \| \| Occupational cataract due to infar-ratiations \| Any manufacturing process involving exposure to glare from molten material or to any other sources of infra red radiations \| \| Telegraphist's Gramp... \| Any employment involving the use to telegraphic instruments. \| \| Poisoning by manganese or a compound of manganese or its sequelae. \| Any process involving the use of or handling of or exposure to the fumes, dust or vapour of manganese or a compound of manganese or a substance containing manganese. \| \| Part C \| \| Silicosis ... \| Any employment involving exposure to the inhabitation of dust containing silica. \| \| Coal Mine's Pneumoco-coniosis ... \| Any employment in coal mining \| \| Asbestosis ... \| Any employment in- \| \| \| (1) the production of- \| \| \| (i) fibre cement materials; Or \| \| \| (ii) asbestos mill board; or \| \| \| (2) the processing of ores containing asbestos, \| \| Bagassosis... \| Any employment in the production of bagasse mill board or other articles from bagassee. \| ### 6. Section 9. - Compensation not be assigned, attached and charged. - Save as under this Act, on lump sum or half monthly payment payable under this Act, shall in any way be capable of being assigned or charged or be liable to attachment or pass to any person other than the workman by operation of law, nor shall any claim be set of against the same. ### 7. Section 10 - Notice and claim. - (1) No claim for compensation shall be entertained by a Commissioner unless notice of the accident has been given in the manner hereinafter provided as soon as practicable after the happening thereof and unless the claim is preferred before him within two years of the occurrence of the accident or, in case of death, within two years from the date of death: Provided that, where the accident is the contracting of a disease in respect of which the provisions of Sub-section (3) are applicable the accident shall be deemed to have occurred on the first of the day during which the workman was continuously absent from work in consequence of the disablement caused by the disease : Provided further that in case of partial disablement due to the contracting of any such disease and which does not force the workmen to absent himself from work, the period of two years shall be counted from the day the workmen gives notice of the disablement to his employer : Provided further that if a workman who having been employed in an employment for a continuous period, specified under Sub-section (2) of Section 3 in, respect of that employment ceases to be so employed and develops symptoms of occupational disease peculiar to that employment within two years of the cessation of employment, the accident shall be deemed to have occurred on the day on which the symptoms were first detected; provided further that the want of or any defect or irregularity in a notice shall not be a bar to the entertainment of a claim- (a) if the claim is preferred in respect of the death of a workman resulting from an accident which occurred in the premises of the employer, or at any place where the workman at the time of the accident which occurred on control of the employer or of any person employed by him and the workman died on such premises or at such place, or on any premises belonging to the employer, or died without having left the vicinity of the premises or place where the accident occurred, or (b) if the employer or any one of the several employers or any person responsible to the employer for the management of any branch of the trade or business in which the injured workman was employed had knowledge of the accident from any other source at or about the time when it occurred provided further, that the Commissioner may entertain and decide any claim to compensation in any case notwithstanding that the notice has not been given, or the claim has not been preferred, in due time as provided in this subsection if he is satisfied that the failure so to give the notice or prefer the claim, as the case may be was due sufficient cause. (2) Every such notice shall give the name and address of the person injured and shall state in ordinary language the cause of the injury and the date on which the accident happened and shall be served on the employer or upon any one of several employer or upon any person responsible to the employer for the management of any branch of the trade or business in which the injured workman was employed. (3) The State Government may require that any prescribed class of employers shall maintain at their premises at which workmen are employed a notice book in the prescribed form which shall be read accessible at all reasonable times to any injured workmen employed on the premises and to any person acting bona fide on his behalf. (4) A notice under this Section may be served by delivering it at or sending it by registered post addressed to the residence or any office or place of business of the person on whom it is to be served, or where a notice book is maintained entry in the notice book- ### 8. Section 12 - Contracting. - (1) Where any person (hereinafter in this Section referred to as the principal, in the course of or for the purpose of his trade or business contracts with any other person (hereinafter in this section referred to as the contractor for the execution by or under the contractor of the whole or any part of any work which is ordinarily part of the trade or business of the principal, the principal shall be liable to pay to any workman employed in the execution of the work, any compensation which he would have been liable to pay if that workman had been immediately employed by him and where compensation is claimed from the principal, this Act, shall apply as if references to the principal were substituted for references to the employer except that the amount of compensation shall be calculated with reference to the wages of the workman under the employer by whom he is immediately employed. (2) Where the principal is liable to pay compensation under this section, he shall be entitled to be indemnified by the contractor (or any other person from whom the workman could have recovered compensation and where a contractor who is himself a principal is liable to pay compensation or to indemnify a principal under this Section shall be entitled to be indemnified by any person standing to him in the relation of a contractor from whom the workman could have recovered compensation) and all questions as to the right to and the amount such indemnity shall, in default of agreement, be settled by the Commissioner. (3) Nothing in this section shall be construed as preventing a workman from recovering compensation from the contractor instead of the principal. (4) This section shall not apply in any case where the accident occurred elsewhere than on, in or about the premises on which the principal has undertaken, or usually undertakes, as the case may be, to execute the work or which are otherwise under his control or management. ### 9. Section 17 - Contracting out. - Any contract or agreement where made before or after the commencement of this Act, whereby a workman relinquishes any right of compensation from the employer for personal injury arising out of or in the course of the employment, shall be null and void is so far as it purports to remove or reduce the liability of any person to pay compensation under this Act. ### 10. Section 24 - Appearance of parties. - Any appearance, application or act required to be made or done by any person before or to a Commissioner (other than an appearance of a party which is required for the purpose of his examination as a witness) may be made or done on behalf of such person by a legal practitioner or by an official of an Insurance Company or a registered Trade Union or by an Inspector appointed under Sub-section (1) of Section 8 of the Factories Act, 1948, or under Sub-section (1) of Section 5 of the Mines Act, 1952, or by any other officer specified by the State Government in this behalf, authorised in writing by such person, or with the permission of the Commissioner, by any other person so authorised.
65b9b933ab84c7eca86e9bed	acts	State of Rajasthan - Act -------------------------- Rajasthan Animals and Birds Sacrifice (Prohibition) Act, 1975 --------------------------------------------------------------- RAJASTHAN India Rajasthan Animals and Birds Sacrifice (Prohibition) Act, 1975 =============================================================== Act 21 of 1975 ---------------- * Published on 1 January 1975 * Commenced on 1 January 1975 Rajasthan Private Electric Supply Undertakings (Acquisition) Act, 1975 Act No. 21 of 1975 [Published in the Rajasthan Gazette, Pad IV-A, Extraordinary, dated 16th June, 1975]. [Received the assent of the President on the 11th day of June, 1975]. An Act to provide for the acquisition of the Udaipur, Mount Abu and Abu Road Electric Supply Undertakings. Be it enacted by the Rajasthan State Legislature in the Twenty-sixth Year of the Republic of India, as follows:- ### 1. Short title, extent and commencement. (1) This Act may be called the Rajasthan Private Electric Supply Undertakings (Acquisition) Act, 1975. (2) It shall extend to the whole of the State of Rajasthan. (3) It shall be deemed to have come into force on the 21st day of April, 1975. ### 2. Definitions. - In this Act, unless repugnant to the context,- (a) "Annual Account" means the account of the Undertaking rendered to the Government annually under and in accordance with the Electricity Act; (b) "Board" means the Rajasthan State Electricity Board constituted under section 5 of the Electricity Supply Act; (c) "Document" means in relation to an Undertaking, includes its books, accounts, registers, maps and plans; (d) "Electricity Act" means the Indian Electricity Act, 1910 (Central Act IX of 1910); (e) "Electricity Supply Act" means the Electricity (Supply) Act, 1948 (Central Act LIV of 1948); (f) "Fixed Assets" includes works, spare parts, stores, tools, motor and other vehicles, office equipment and furniture: (g) "Government" means the Government of Rajasthan; (h) "Licensee" means- (a) in relation to the electric supply undertaking at Udaipur, The Maharana Bhupal Electric Supply Company Limited, Udaipur; (b) in relation to the electric supply undertaking at Mount Abu. The Mount Abu Electric Supply Company; and (c) in relation to the electric supply undertaking at Abu Road. The Abu Road Electricity and Industries Company Limited: (i) "Prescribed" means prescribed by rules framed under this Act; (j) "Undertaking" means the electric supply undertaking at Udaipur owned and managed by The Maharana Bhupal Electric Supply Company Limited, Udaipur. The electric supply undertaking at Mount Abu owned and managed by the Mount Abu Electric Supply Company and the electric supply undertaking at Abu Road owned and managed by The Abu Road Electricity and Industries Company Limited; (k) "Vesting date" means the date on which the undertakings shall vest in the Government under section 4 of this Act; (l) "Works" includes electric supply lines and any lands, buildings, machinery or apparatus required to supply energy and to carry into effect the object of a licence granted under the Electricity Act; (m) Other expressions shall have the meanings respectively assigned to them in the electricity Act. ### 3. Application. (1) This Act shall apply to the Undertakings. (2) Any notice given under any of the provisions of the electricity Act or the Electricity Supply Act to the licensee for the purchase of the Undertaking and in pursuance of which notice the Undertaking has not been purchased before commencement of this Act, shall lapse and be of no effect. Explanation. - There shall be no obligation on the part of the Government or the board to purchase any undertaking in pursuance of any notice given as aforesaid, nor shall the service of such notice or any stay order of any Court restraining further action in pursuance of such notice, be deemed to prevent the Government from taking any proceedings denovo in respect of the Undertaking under this Act. ### 4. Vesting of the Undertakings. (1) All the undertakings shall he deemed to be transferred to, and shall vest in the Government on the 23rd day of April, 1975. (2) The Government shall, by force of vesting in it of the undertakings under sub-section (1) be deemed to have entered into possession of all the properties, movable and immovable, fixed assets, rights, powers authorities and privileges of the Undertakings as from the vesting date. ### 5. Transfer of Undertakings to Board. (1) Immediately upon the vesting of Undertakings in the Government under section 4, the Undertakings shall stand transferred to the Board and all the assets, liabilities, rights and obligations, which by virtue of this Act have devolved on the Government, shall thereupon vest and devolve on the Board, on the condition, that the net amount payable to the licensee under this Act by the Government shall be recoverable from the board. (2) Upon the transfer of the Undertakings to the Board under subsection (1) it shall be lawful for any officer of the Board to take physical possessions of all the properly movable and immovable including fixed assets of the Undertakings and in doing so, to use such force to remove obstruction, if any, as he may deem necessary for the purpose. ### 6. Gross amount payable to licensee. (1) The gross amount payable to a licensee, shall be the aggregate value of the Amounts specified below:- (i) the book value of all completed works in beneficial use pertaining to the undertaking and taken over by the Government (excluding works paid for by consumers) less depreciation calculated in accordance with Schedule I: (ii) the book value of all works in Progress taken over by the Government, excluding works paid for by consumers or prospective consumers; (iii) the book value of all stores including spare parts taken over by the Government and in the case of used stores and spare parts, if taken over, such sum as may be decided upon by the Government; (iv) the book value of all other fixed assets in use on the vesting date and taken over by the Government less depreciation calculated in accordance with Schedule I; (v) the book value of all plants and equipments existing on the vesting date, if taken over by the Government, but no longer in use owing to wear and tear or to obsolescence, to the extent such value has not been written off in the books of the licensee less depreciation calculated in accordance with Schedule I: (vi) the amount due from consumers in respect of every hire-purchase agreement referred to in clause (ii) of sub-section (1) of section 7 less a sum which bears to the difference between the total amount of the installments and the original cost of the material or equipment, the same proportion as the amount due bears to the total amount of the installments; (vii) any amount paid actually by the licensee in respect of every contract referred to in clause (iii) of sub-section (1) of section 7. Explanation. - The boo value of any fixed assets means its original cost and shall comprise- (i) the purchase price paid by the licensee for the asset, including the cost of delivery and all charges properly incurred in erecting and bringing the asset into beneficial use as shown in the books of the Undertakings: (ii) the cost of supervision actually incurred but not exceeding 15% of the amount referred to in paragraph (i): Provided that before deciding the amounts under this sub-section, the licensee shall be given an opportunity by the Government of being heard, after giving him a notice of at least 30 days therefor. (2) When any asset is acquired by the licensee after the expiry of the period to which the latest annual accounts relate the book value of the asset shall be such as may be decided upon by the Government: Provided that before deciding the book value of any such asset the licensee shall be given an opportunity by the Government of being heard after giving him a notice of at least 30 days therefor. ### 7. Vesting of Undertakings. (1) The property, rights, liabilities and obligations specified below in respect of the Undertakings shall vest in the Government on the vesting date:- (i) all the fixed assets of the licensee and all the documents relating to the Undertaking: (ii) all the rights liabilities and obligations of the licensee under hire-purchase agreements if any for the supply of materials or equipment made bonafide before the vesting date: (iii) all the rights liabilities and obligations of the licensee under any other contract entered into bonafide upto the vesting date not being a contract relating to the borrowing or lending of money or to the employment of staff tariff for supply of electricity: Provided that the arrears due from the consumers on account of supply of electricity upon the vesting date shall be recoverable by the licensee from the consumers even after the said date. (2) All the assets specified in sub-section (l)(i) shall vest in the Government free from any debts mortgages or similar obligations of the licensee or attaching to the Undertaking: Provided that such debts mortgages or obligations shall attach to the amount payable under this Act for the assets (3) In the case of an Undertaking which vests in the Government under this Act the licence granted to it under Part II of the Electricity Act shall be deemed to have been terminated on the vesting date and all the rights liabilities and obligations of the licensee under any agreement except those relating to the supply of electricity entered into before that date shall devolve or shall be deemed to have devolved on the Government: Provided that on and from the vesting date the consumers will be governed by the Tariff for supply of Electricity and the General Conditions of Supply of the Board. (4) In respect of any Undertaking to which section 4 applies it shall be lawful for the Government or their authorised representative on and after the vesting date, after removing any obstruction that may be or might have been offered to take possession of the entire Undertaking or as the case may be the fixed assets and of all documents relating to the Undertaking which the Government may require for carrying it on. (5) All the liabilities and obligations other than those vesting in the Government under sub-section (1) and (3) shall continue to be the liabilities and obligations of the licensee after the vesting date. Explanation. - All liabilities and obligations in respect of staff taxes Provident Fund Employees State insurance industrial disputes and all other matters, upto and including the vesting date shall continue to be the liabilities and obligations of the licensee after the vesting date. ### 8. Effect of transactions not bona fide. - Where the Government is of opinion that any licensee has on or after the 1st July 1969 disposed of any fixed asset whether by way of sale, exchange gift, lease or otherwise or incurred any expenditure liability or obligation otherwise than in the normal course of events, with a view to benefit unduly the licensee or some other person and has thereby caused loss to the Government as succeeding owners of the Undertaking, the Government shall be entitled to deduct from the amount payable to the licensee under this Act an amount which they consider to be the loss sustained by them: Provided that before making such deduction the licensee shall be given a notice within twelve months of the vesting date to show cause against such deduction within a period of 30 days from the date of receipt of such notice. ### 9. Deductions from the gross amount. - The Government shall be entitled to deduct the following sums from the gross amount payable under this Act to a licensee:- (a) the amount if any, already paid in advance: (b) the amount, if any, specified in section 8; (c) the amount due if any including interest thereon from the licensee to the Board for energy supplied by the Board before the vesting date: (d) all amounts and arrears of interest if any thereon due from the licensee to the Government; (e) the amount if any equivalent to the loss sustained by the Government by reason of any properly or rights belonging to the Undertaking not having been handed over to the Government the the amount of such loss being deemed to be the amount by which the market value of such property or rights exceeds the amount payable therefor under this Act together with any income which might have been realised by the Government if the property or rights had been handed over on the vesting date; (f) the amount of all loans due from the licensee to any financial institutions constituted by or under the authority of the Government and arrears of interest, if any, thereon; (g) all sums paid by consumers by way of security deposit and arrears of interest due thereon on the vesting date in so far as they have not been paid over by the licensee to the Government less the amounts which according to the books of the licensee are due from the consumers to the licensee for energy supplied by him before that date; (h) all advances from consumers and prospective consumers and all sums which have been or ought to be set aside to the credit of the consumers fund, in so far as such advances of sums have not been paid over by the licensee to the Government. (i) the amounts remaining in Tariffs and Dividends Control Reserve, Contingencies Reserve and the Development Reserve, in so far as such amounts have not been paid over by the licensee to the Government: (j) the amount if any as specified in sub-sections (2) and (3) of section 11; (k) the amount, if any relating to debts mortgages or obligations as mentioned in the proviso to section 7(2): (l) the amount due to Government from the licensee by way of royalties or due to other Governments by way of taxes not paid: Provided that before making any deduction under this section, the licensee shall be given a notice to show cause against such deduction, within a period of 30 days from the date of receipt of such notice. ### 10. Manner of payment of net amount. (1) The Government shall appoint, by order in writing, a person having adequate knowledge and experience in matters relating to accounts as Special Officer to assess the net amount payable under this Act by the Government to the licensee after making the deductions mentioned in section 9. (2) The Special Officer may call for the assistance of such officers and staff of the Government or the Board or the Undertaking as he may deem fit in assessing the net amount payable. (3) The net amount payable to a licensee under this Act shall be paid to him by the Government in three equal yearly installments from the vesting date: Provided that this period may be suitably extended by the Government if the licensee fails to furnish or delays the furnishing of accounts information, particulars or documents as mentioned in section 12. (4) The net amount payable shall bear interest at the rate of interest at the Reserve Bank ruling at the time of payment plus 1% on the net amount payable on the vesting date. (5) Where the gross amount payable to the licensee is equal to or less than the total amount to be deducted under section 9 no payment shall be made to the licensee by the Government. ### 11. Provisions for existing staff of licensee. (1) Every person who was genuinely employed in connection with the affairs of an undertaking as its employee immediately before the vesting date shall become on the vesting date an employee of the Government and thereafter an employee of the Board on the date of transfer of the undertaking to the Board under section 5 and shall hold his service on the same terms and conditions and with the same rights to pension gratuity and other matters as would have been admissible to him if the undertaking had not been transferred to and vested in the Government or the Board as the case may be and continue to do so unless and until his employment under the Government or the Board as the case may be is terminated or until his remuneration terms or conditions are duly altered by the Government or the Board as the case may be. (2) If the licensee fails to pay such an employee his dues as immediately before the vesting date the Government or the Board as the case may be may pay him those dues and the amount so paid shall be deducted from the amount payable by the Government to the licensee. (3) In case the Government or the Board as the case may be retrench any such employee within a period of one year from the vesting date the amount payable to such an employee on retrenchment shall be deducted from the amount payable by the Government to the licensee. (4) For the person who immediately before the vesting date were the trustees for any pension, provident fund or gratuity or other like fund constituted for the employees of the licensee, there may be substituted as trustees such persons as the Government may, by general or special order, specify (5) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (Central Act 14 of 1947) or in any other law for the time being in force the transfer of the services of any employee from the licensee to the Government or from the Government to the Board shall not entitle such employee to any compensation under this Act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority. (6) If any question arises as to whether or not any person was genuinely employed in connection with the affairs of the undertaking as its employee immediately before the vesting date or whether or not the services of any person have transferred to the Government or the Board under this Act it shall be decided by an officer authorised for this purpose by the Government and an appeal shall lie again this decision to the Government whose decision shall be final. ### 12. Inventory of assets and information. (1) The licensee shall within ninety days from the vesting date or such further time as may be provided by the Government prepare and hand over to them a complete inventory of all the items of fixed assets belonging to his undertaking alongwith their book value and year of purchase and its documents. (2) The licensee shall also write up the accounts of his undertaking upto the vesting date, get them audited and submit them to the Government within four months from that date or such further time as may be granted by the Government. (3) The licensee shall also within such time as may be specified by the Government, furnish to them such information and particulars as may be required by the Government in regard to documents relating to the Undertaking. (4) The licensee shall not destroy any document relating to the undertaking and shall hand over to the Government on the vesting date all such documents as are necessary for as certaining the assets of the Undertaking the rights liabilities and obligations attaching thereto and for determining the amount payable or deductable in respect of the Undertaking under this Act. (5) Where the documents aforesaid have been taken possession of by the Government the licensee or any person authorised by him in this behalf, shall have access to such documents at all reasonable times and shall also be entitled to take copies thereof or extracts therefrom. ### 13. Power of entry. - Any employee of the Government or the Board authorised in this behalf by a general or special order of the Government or the Special Officer appointed under section 10 may, at any time after giving the licensee reasonable notice, enter upon any land or premises in his possession and may make any survey examination or investigation preliminary or incidental to the purposes of this Act. ### 14. Penalties. (1) Whoever being required to furnish any information or make any statement under this Act furnishes any information or makes any statement which he knows to be false or whoever wilfully fails to hand over to the Government or obstructs in taking over by the Government of any fixed asset or document belonging to the undertaking or wilfully suppresses or damages or destroys such fixed asset or documents which is to be taken over by the Government, shall be punishable with imprisonment, for a term which may extend to two years or with fine which may extend to twenty thousand rupees or with both and in the case of a continuing offence with an additional fine which may extend to five hundred rupees for every day after the first during which the offence continues. (2) Whoever fails, without reasonable cause to comply with any of the provisions of this Act or the rules made thereunder or any direction or order issued in pursuance thereof shall, if the case be not governed by sub-section (1) be punishable with fine which may extend to twenty thousand rupees and in the case of a continuing offence with an additional fine which may extend to five hundred rupees for every day after the first during which the offence continues. (3) No court shall take cognizance of an offence punishable under this section except with the previous sanction of the Government or of an officer authorised by them in this behalf. (4) Not withstanding anything contained in sections 28 to 30 of the Code of Criminal Procedure 1973 (Central Act 2 of 1974), it shall be lawful for any Magistrate of the first Class specially empowered by the Government in this behalf to impose a sentence of line exceeding five thousand rupees when awarding punishment under sub-section (1) or (2). ### 15. Offences by Corporation. - Where a person committing any offence punishable under this Act. is a Company or an Association or a body of persons the Manager Secretary Agent or other principal officer managing the affairs of the Company. Association or body shall be deemed to be guilty of such offence. ### 16. Protection of action. - No suit protection or other legal proceeding shall lie against the Government or the Board or any employee of Government or the Board or the Special Officer appointed under section 10 acting under the direction of the Government or the Board or aiding or assisting the Government of the Board or an employee of the Government or the Board, in respect of anything which is in good faith done or intended to be done, in pursuance of this Act or any rule or order made thereunder. ### 17. Bar to jurisdiction of Court. - Notwithstanding anything contained in any other law for the time being in force, no court or tribunal shall call in question any order, notification, or any other act done or purported to have been done under this Act. ### 18. Effect of other laws. (1) No provision of the Electricity Act 1910 (Central Act No. IX of 1910) the Electricity Supply Act 1948 (Central Act No. 54 of 1948) or any other Act for the time being in force and of any rule made under any of those Acts or of any instrument, including licence, having effect by virtue of any of those Act or any rule made thereunder, shall in so far as it is inconsistent with any of the provisions of this Act have any effect. (2) Save as otherwise provided in this Act, the provisions of this Act shall be in addition to and not in derogation of the Electricity Act, 1910 and the Electricity Supply Act 1948. ### 19. Power to remove difficulties. - If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require, do anything which appears to them necessary for the purpose of removing the difficulty. ### 20. Arbitration. (1) Where any dispute arise in respect of any of the matters specified below it shall be determined by an arbitrator appointed by the Government, who shall be a sitting or retired District or High Court Judge- (a) Whether any property belonging, or any right, liability or obligation attaching to the undertaking, vests in the Government; (b) Whether any fixed asset from part of the undertaking; (c) Whether any contract including any contract referred to in clause (ii) or (iii) of sub-section (1) of section 7 has been entered into bonafide or not. (2) Subject to the provision, of this section, the provisions of the Arbitration Act, 1940 (Central Act X of 1940), shall apply to all arbitrations under this Act. ### 21. Power to make rules. - The Government may also make rules to carry out the purposes of this Act. ### 22. Declaration. - It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles specified in clause (b) of Article 39 of the Constitution of India. ### 23. Repeal and Savings. (1) The Rajasthan Private Electric Supply Undertaking (Acquisition) Ordinance, 1975 (Ordinance No. 7 of 1975) is hereby repealed. (2) Notwithstanding such repeal, any action taken or purported to have been taken or anything done or purported to have been done including taking over possession of property of the undertakings under the said Ordinance shall be deemed to have been taken or done under the corresponding provisions of this Act by or on behalf of the Government or the Board. I --- [See Section 6 (1) 1 For purposes of determining the amount payable under section 6(1) , the depreciation shall be calculated at annual rates arrived at by dividing ninety per cent of the book value of each asset by the number of years of life of the asset as specified in the table below. For the year in which an asset was brought into beneficial use, the depreciation shall be calculated at half the annual rate and for the period after the licensees last completed financial year till the vesting date, the depreciation shall be calculated pro-rata. Depreciation shall not be calculated for any period beyond the life of the asset as prescribed herein. Table \| \| \| \| --- \| --- \| \| Description of asset1 \| Number of years of life of asset2 \| \| A. \| Land owned under full title. \| Infinite. \| \| B. \| Land held under lease- \| \| (a) for investment in the land \| The period of the lease or the period remaining unexpired on assignment of the lease \| \| (b) for cost of clearing site. \| The period of the lease remaining unexpired at the date of clearing the site. \| \| C. \| Assets purchased new:- \| \| (a) Plant and machinery in generating stations including Plant foundations: \| \| (i) hydro-electric \| Thirty five. \| \| (ii) steam- electric \| Twenty five. \| \| (iii) diesel-electric \| Fifteen. \| \| (b) Cooling towers and circulating water system. \| Thirty. \| \| (c) Hydraulic works forming part of hydro electric system including - \| \| (i) dams, spillways, weirs canals One hundred reinforced concrete flumes and syphons. \| One hundred. \| \| (ii) reinforced concrete pipelines and surge tanks steel pipelines, sluice gates, steel surge tanks, hydraulic control valves and other hydraulic works. \| Forty \| \| (d) Buildings and civil engineering works of a permanent character, not mentioned above- \| \| (i) offices and show rooms \| Fifty. \| \| (ii) containing thermoelectric generating plant \| Thirty \| \| (iii) containing hydroelectric generating plant \| Thirty-five. \| \| (iv) temporary erections such as wooden structures \| Five \| \| (iv-a) Roads other than kutcha roads \| One hundred \| \| (v) Others \| Fifty. \| \| (e) Transformers transformer kiosks sub-station equipment and other fixed apparatus (including plant foundations)- \| \| (i) transformers (including foundations) having a rating of 100 kilovolt amperes and over. \| Thirty five. \| \| (ii) Others \| Twenty five. \| \| (f) switchgear including cable connections. \| \| (ff) Lightening arrestores- \| Twenty. \| \| (i) Station type \| Twenty. \| \| (ii) Pole type. \| Fifteen. \| \| (iii) Synchronous condensers. \| Thirty five. \| \| (g) Batteries \| Ten. \| \| (h) (i) Underground cables including joint boxes and disconnecting boxes \| Forty. \| \| (ii) Cable duct system \| Sixty. \| \| (i) Over head lines including support- \| \| (i) lines on fabricated steel supports operating at nominal voltages higher than 6 Kilovolts. \| Thirty five. \| \| (ii) lines on steel supports operating at nominal voltages higher than 13.2 Kilovolts but not exceeding 66 kilovolts \| Thirty \| \| (iii) lines on steel or rein- Twenty five forced concrete supports \| Twenty five. \| \| (iv) lines on treated wood support \| Twenty. \| \| (j) Meters \| Fifteen. \| \| (k) Self propelled vehicles \| Seven. \| \| (l) Static machine tools \| Twenty. \| \| (m) Air Conditioning Plant- \| \| (i) Static \| Fifteen. \| \| (ii) Portable \| Seven \| \| (n) (i) Office Furniture and fittings \| Twenty \| \| (ii) Office equipment \| Ten. \| \| (iii) Internal wiring including fitting and apparatus \| Fifteen. \| \| (iv) Street light fitting \| Fifteen \| \| (o) Apparatus let on hire- \| \| (i) Other than motors \| Seven. \| \| (ii) Motors \| Twenty. \| \| (p) Communication equipment- \| \| (i) radio and high frequency carrier system \| Fifteen. \| \| (ii) telephone lines and telephone. \| Twenty. \| \| D. \| Assets purchased second hand and assets not otherwise provided for in this table. \| Such reasonable period as Government determines in each case having regard to the nature, age and condition of the assets at the time of its acquisition by the licensee. \|
65ba8b84ab84c7eca86ebff7	acts	Union of India - Act ---------------------- The Means Of Delivery Of Notice, Order Or Document Rules, 2004 ---------------------------------------------------------------- UNION OF INDIA India The Means Of Delivery Of Notice, Order Or Document Rules, 2004 ================================================================ Rule THE-MEANS-OF-DELIVERY-OF-NOTICE-ORDER-OR-DOCUMENT-RULES-2004 of 2004 --------------------------------------------------------------------------- * Published on 21 June 2004 * Commenced on 21 June 2004 The Means Of Delivery Of Notice, Order Or Document Rules, 2004 Published vide G.S.R. 371(E) , dated 21.6.2004, published in the Gazette of India, Extraordinary, Part II, Section 3(i), dated 21.6.2004. ### 9. /479 In exercise of the powers conferred by clause (y) of sub-section (2) of section 176 of the Electricity Act, 2003 ( 36 of 2003 ), the Central Government hereby makes the following rules regarding the manner of delivery of notice, order or document under the Act, namely:- ### 1. Short title and commencement .-(1) These rules may be called The Means of Delivery of Notice, Order or Document Rules, 2004. (2) They shall come into force on the date of their publication in the Official Gazette. ### 2. Definitions .-(1) In these rules, unless the context otherwise requires,- (a) "Act" means the Electricity Act, 2003; (b) "section" means a section of the Act. (2) Words and expressions used and not defined in these rules but defined in the Electricity Act, 2003 ( 36 of 2003 ), shall have the meanings respectively assigned to them in that Act. ### 3. Means of delivery of notice, order or document .-Every notice, order or document by or under this Act required, or authorised to be addressed to any person may in addition to the means provided in sub-section (1) of section 171 may also be delivered by any of the following means:- (a) through special messenger and obtaining signed acknowledgment; or (b) by telegraphic message; or (c) by fax; or (d) by e-mail.
65ba7cbaab84c7eca86eba1c	acts	Union of India - Act ---------------------- The Housing Finance Institutions Debt Recovery Appellate Tribunal (Salaries, Allowances and other Conditions of Service of the Officers and Employees) Rules, 2002 -------------------------------------------------------------------------------------------------------------------------------------------------------------------- UNION OF INDIA India The Housing Finance Institutions Debt Recovery Appellate Tribunal (Salaries, Allowances and other Conditions of Service of the Officers and Employees) Rules, 2002 ==================================================================================================================================================================== Rule THE-HOUSING-FINANCE-INSTITUTIONS-DEBT-RECOVERY-APPELLATE-TRIBUNAL-SALARIES-ALLOWANCES-AND-OTHER-CONDITIONS-OF-SERVICE-OF-THE-OFFICERS-AND-EMPLOYEES-RULES-2002 of 2002 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------- * Published on 7 May 2002 * Commenced on 7 May 2002 The Housing Finance Institutions Debt Recovery Appellate Tribunal (Salaries, Allowances and other Conditions of Service of the Officers and Employees) Rules, 2002 Published vide Notification No. G.S.R. 337(E) , dated 7th May, 2002 Ministry of Finance (Department of Economic Affairs) (Banking Division) G.S.R. 337(E) . - In exercise of the powers conferred by section 54A of the National Housing Bank Act, 1987 (53 of 1987), the Central Government hereby makes the following rules, namely :- ### 1. Short Title and Commencement. (1) These rules may be called the Housing Finance Institutions Debt Recovery Appellate Tribunal (Salaries, Allowances and other Conditions of Service of the Officers and Employees) Rules, 2002. (2) They shall come into force on the date of their publication in the Official Gazette. ### 2. Definitions. - In these rules, unless the context otherwise requires.- (a) "Act" means the National Housing Bank Act, 1987 (53 of 1987). (b) all other words and expressions used and not defined in these rules but defined in the Act shall have the meanings respectively assigned to them in the Act. ### 3. Salary of officers and employees of the Appellate Tribunal. - The nature and categories of officers and employees of an Appellate Tribunal and the scales of pay thereof shall be as specified in the Schedule appended hereto. ### 4. Conditions of service. - The conditions of service of the officers and employees of an Appellate Tribunal in the matter of pay, allowances, leave, joining time, joining time pay, provident fund, age of superannuation, pension and retirement benefits, medical facilities, and other conditions of service, shall be regulated in accordance with such other rules and regulations as are from time to time, applicable to officers and employees of the Central Government belonging to group 'A', Group 'B', Group 'C' and Group 'D' as the case may be, and drawing the corresponding scales of pay. Schedule ---------- \| \| \| \| \| --- \| --- \| --- \| \| S.No \| Name of Post \| Scale of Pay \| \| 1. \| Presiding Officer \| 12750-16500 \| \| 2. \| Secretary/Register \| 10000-15200 \| \| 3. \| Assistant Registrar \| 6500-10500 \| \| 4. \| Private Secretary to Presiding Officer \| 6500-10500 \| \| 5. \| Section Officer \| 5500-9000 \| \| 6. \| Assistant/Research Assistant \| 5500-9000 \| \| 7. \| Accounts Assistant/Cashier \| 4000-6000 \| \| 8. \| Steno Grade 'C' \| 4000-6000 \| \| 9. \| Steno Grade 'D' \| 3050-4590 \| \| 10. \| UDC/Care Taker \| 3050-4590 \| \| 11. \| LDC/Typist \| 2610-3540 \| \| 12. \| Staff Car Driver \| 2550-3200 \| \| 13. \| Jamadar/Daftry-cum-Record Keeper \| 2610-3540 \| \| 14. \| Gestetner Operator-cum-Photocopier \| 2610-3540 \| \| 15. \| Peon/Farash/Sweeper \| 2550-3200 \|
65b90136ab84c7eca86e824b	acts	State of Puducherry - Act --------------------------- Puducherry Goods and Services Tax Act, 2017 --------------------------------------------- PUDUCHERRY India Puducherry Goods and Services Tax Act, 2017 ============================================= Rule PUDUCHERRY-GOODS-AND-SERVICES-TAX-ACT-2017 of 2017 --------------------------------------------------------- * Published on 5 June 2017 * Commenced on 5 June 2017 Puducherry Goods and Services Tax Act, 2017 (Act No. 6 of 2017) Last Updated 24th December, 2019 [Dated 5.6.2017] No. 138-Leg.-2017-LD. - The following Act of the Legislative Assembly, Puducherry received the assent of the Lieutenant-Governor, Puducherry, on the 1st day of June, 2017 and is hereby published for general information : - An act to make a provision for levy and collection of tax on Intra-State supply of goods or services or both by the Union territory of Puducherry and the matters connected therewith or incidental thereto. BE it enacted by the Legislative Assembly of Puducherry in the Sixty-eighth year of the Republic of India as follows: - Chapter I Preliminary -------------------------- ### 1. Short title, extent and commencement. (1) This Act may be called the Puducherry Goods and Services Tax Act, 2017. (2) It extends to the whole of the Union territory of Puducherry. (3) It shall come into force on such date as the State 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. Definitions. - In this Act, unless the context otherwise requires,- (1) "actionable claim" shall have the same meaning as assigned to it in section 3 of the Transfer of Property Act, 1882; (2) "address of delivery" means the address of the recipient of goods or services or both indicated on the tax invoice issued by a registered person for delivery of such goods or services or both; (3) "address on record" means the address of the recipient as available in the records of the supplier; (4) "adjudicating authority" means any authority, appointed or authorised to pass any order or decision under this Act, but does not include the Commissioner, Revisional Authority, the Authority for Advance Ruling, the Appellate Authority for Advance Ruling, the Appellate Authority and the Appellate Tribunal; (5) "agent" means a person, including a factor, broker, commission agent, arhatia, delcredere agent, an auctioneer or any other mercantile agent, by whatever name called, who carries on the business of supply or receipt of goods or services or both on behalf of another; (6) "aggregate turnover" means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable by a person on reverse charge basis), exempt supplies, exports of goods or services or both and inter-State supplies of persons having the same Permanent Account Number, to be computed on all India basis but excludes central tax, State tax, Union territory tax, integrated tax and cess; (7) "agriculturist" means an individual or a Hindu Undivided Family who undertakes cultivation of land - (a) by own labour, or (b) by the labour of family, or (c) by servants on wages payable in cash or kind or by hired labour under personal supervision or the personal supervision of any member of the family; (8) "Appellate Authority" means an authority appointed or authorised to hear appeals as referred to in section 107; (9) "Appellate Tribunal" means the Goods and Services Tax Appellate Tribunal referred to in section 109; (10) "appointed day" means the date on which the provisions of this Act shall come into force; (11) "assessment" means determination of tax liability under this Act and includes self-assessment, re-assessment, provisional assessment, summary assessment and best judgement assessment; (12) "associated enterprises" shall have the same meaning as assigned to it in section 92A of the Income-tax Act, 1961; (13) "audit" means the examination of records, returns and other documents maintained or furnished by the registered person under this Act or the rules made thereunder or under any other law for the time being in force to verify the correctness of turnover declared, taxes paid, refund claimed and input tax credit availed, and to assess his compliance with the provisions of this Act or the rules made thereunder; (14) "authorised bank" shall mean a bank or a branch of a bank authorised by the Central Government to collect the tax or any other amount payable under this Act; (15) "authorised representative" means the representative as referred to under section 116; (16) "Board" means the Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963; (17) "business" includes - (a) any trade, commerce, manufacture, profession, vocation, adventure, wager or any other similar activity, whether or not it is for a pecuniary benefit; (b) any activity or transaction in connection with or incidental or ancillary to sub-clause (a); (c) any activity or transaction in the nature of sub-clause (a), whether or not there is volume, frequency, continuity or regularity of such transaction; (d) supply or acquisition of goods including capital goods and services in connection with commencement or closure of business; (e) provision by a club, association, society, or any such body (for a subscription or any other consideration) of the facilities or benefits to its members; (f) admission, for a consideration, of persons to any premises; (g) services supplied by a person as the holder of an office which has been accepted by him in the course or furtherance of his trade, profession or vocation; (h) services provided by a race club by way of totalisator or a licence to book maker in such club; and (i) any activity or transaction undertaken by the Central Government, a State Government or any local authority in which they are engaged as public authorities; (18) "business vertical" means a distinguishable component of an enterprise that is engaged in the supply of individual goods or services or a group of related goods or services which is subject to risks and returns that are different from those of the other business verticals. Explanation. - For the purposes of this clause, factors that should be considered in determining whether goods or services are related include - (a) the nature of the goods or services; (b) the nature of the production processes; (c) the type or class of customers for the goods or services; (d) the methods used to distribute the goods or supply of services; and (e) the nature of regulatory environment (wherever applicable), including banking, insurance or public utilities; (19) "capital goods" means goods, the value of which is capitalised in the books of account of the person claiming the input tax credit and which are used or intended to be used in the course or furtherance of business; (20) "casual taxable person" means a person who occasionally undertakes transactions involving supply of goods or services or both in the course or furtherance of business, whether as principal, agent or in any other capacity, in the taxable territory where he has no fixed place of business; (21) "central tax" means the central goods and services tax levied under section 9 of the Central Goods and Services Tax Act; (22) "cess" shall have the same meaning as assigned to it in the Goods and Services Tax (Compensation to States) Act; (23) "chartered accountant" means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949; (24) "Commissioner" means the Commissioner of State tax appointed under section 3 and includes the Principal Chief Commissioner or Chief Commissioner of State tax appointed under section 3; (25) "Commissioner in the Board" means the Commissioner referred to in section 168 of the Central Goods and Services Tax Act; (26) "common portal" means the common goods and services tax electronic portal referred to in section 146; (27) "common working days" shall mean such days in succession which are not declared as gazetted holidays by the Central Government or the Government of Puducherry; (28) "company secretary" means a company secretary as defined in clause (c) of sub-section (1) of section 2 of the Company Secretaries Act, 1980; (29) "competent authority" means such authority as may be notified by the Government; (30) "composite supply" means a supply made by a taxable person to a recipient consisting of two or more taxable supplies of goods or services or both, or any combination thereof, which are naturally bundled and supplied in conjunction with each other in the ordinary course of business, one of which is a principal supply; Illustration: - Where goods are packed and transported with insurance, the supply of goods, packing materials, transport and insurance is a composite supply and supply of goods is a principal supply. (31) "consideration" in relation to the supply of goods or services or both includes - (a) any payment made or to be made, whether in money or otherwise, in respect of, in response to, or for the inducement of, the supply of goods or services or both, whether by the recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government; (b) the monetary value of any act or forbearance, in respect of, in response to, or for the inducement of, the supply of goods or services or both, whether by the recipient or by any other person but shall not include any subsidy given by the Central Government or a State Government: Provided that a deposit given in respect of the supply of goods or services or both shall not be considered as payment made for such supply unless the supplier applies such deposit as consideration for the said supply; (32) "continuous supply of goods" means a supply of goods which is provided, or agreed to be provided, continuously or on recurrent basis, under a contract, whether or not by means of a wire, cable, pipeline or other conduit, and for which the supplier invoices the recipient on a regular or periodic basis and includes supply of such goods as the Government may, subject to such conditions, as it may, by notification, specify; (33) "continuous supply of services" means a supply of services which is provided, or agreed to be provided, continuously or on recurrent basis, under a contract, for a period exceeding three months with periodic payment obligations and includes supply of such services as the Government may, subject to such conditions, as it may, by notification, specify; (34) "conveyance" includes a vessel, an aircraft and a vehicle; (35) "cost accountant" means a cost accountant as defined in clause (c) of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959; (36) "Council" means the Goods and Services Tax Council established under article 279A of the Constitution; (37) "credit note" means a document issued by a registered person under sub-section (1) of section 34; (38) "debit note" means a document issued by a registered person under sub-section (3) of section 34; (39) "deemed exports" means such supplies of goods as may be notified under section 147; (40) "designated authority" means such authority as may be notified by the Commissioner; (41) "document" includes written or printed record of any sort and electronic record as defined in clause (t) of section 2 of the Information Technology Act, 2000; (42) "drawback" in relation to any goods manufactured in India and exported, means the rebate of duty, tax or cess chargeable on any imported inputs or on any domestic inputs or input services used in the manufacture of such goods; (43) "electronic cash ledger" means the electronic cash ledger referred to in sub-section (1) of section 49; (44) "electronic commerce" means the supply of goods or services or both, including digital products over digital or electronic network; (45) "electronic commerce operator" means any person who owns, operates or manages digital or electronic facility or platform for electronic commerce; (46) "electronic credit ledger" means the electronic credit ledger referred to in subsection (2) of section 49; (47) "exempt supply" means supply of any goods or services or both which attracts nil rate of tax or which may be wholly exempt from tax under section 11, or under section 6 of the Integrated Goods and Services Tax Act, and includes non-taxable supply; (48) "existing law" means any law, notification, order, rule or regulation relating to levy and collection of duty or tax on goods or services or both passed or made before the commencement of this Act by the Legislature or any Authority or person having the power to make such law, notification, order, rule or regulation; (49) "family" means,- (i) the spouse and children of the person, and (ii) the parents, grand-parents, brothers and sisters of the person if they are wholly or mainly dependent on the said person; (50) "fixed establishment" means a place (other than the registered place of business) which is characterised by a sufficient degree of permanence and suitable structure in terms of human and technical resources to supply services, or to receive and use services for its own needs; (51) "Fund" means the Consumer Welfare Fund established under section 57; (52) "goods" means every kind of movable property other than money and securities but includes actionable claim, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before supply or under a contract of supply; (53) "Government" means the Government of the Union territory of Puducherry; (54) "Goods and Services Tax (Compensation to States) Act" means the Goods and Services Tax (Compensation to States) Act, 2017; (55) "goods and services tax practitioner" means any person who has been approved under section 48 to act as such practitioner; (56) "India" means the territory of India as referred to in article 1 of the Constitution, its territorial waters, seabed and sub-soil underlying such waters, continental shelf, exclusive economic zone or any other maritime zone as referred to in the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976, and the air space above its territory and territorial waters; (57) "Integrated Goods and Services Tax Act" means the Integrated Goods and Services Tax Act, 2017; (58) "integrated tax" means the integrated goods and services tax levied under the Integrated Goods and Services Tax Act; (59) "input" means any goods other than capital goods used or intended to be used by a supplier in the course or furtherance of business; (60) "input service" means any service used or intended to be used by a supplier in the course or furtherance of business; (61) "Input Service Distributor" means an office of the supplier of goods or services or both which receives tax invoices issued under section 31 towards the receipt of input services and issues a prescribed document for the purposes of distributing the credit of central tax, State tax, integrated tax or Union territory tax paid on the said services to a supplier of taxable goods or services or both having the same Permanent Account Number as that of the said office; (62) "input tax" in relation to a registered person, means the central tax, State tax, integrated tax or Union territory tax charged on any supply of goods or services or both made to him and includes - (a) the integrated goods and services tax charged on import of goods; (b) the tax payable under the provisions of sub-sections (3) and (4) of section 9; (c) the tax payable under the provisions of sub-sections (3) and (4) of section 5 of the Integrated Goods and Services Tax Act; or (d) the tax payable under the provisions of sub-sections (3) and (4) of section 9 of the Central Goods and Services Tax Act, but does not include the tax paid under the composition levy; (63) "input tax credit" means the credit of input tax; (64) "intra-State supply of goods" shall have the same meaning as assigned to it in section 8 of the Integrated Goods and Services Tax Act; (65) "intra-State supply of services" shall have the same meaning as assigned to it in section 8 of the Integrated Goods and Services Tax Act; (66) "invoice" or "tax invoice" means the tax invoice referred to in section 31; (67) "inward supply" in relation to a person, shall mean receipt of goods or services or both whether by purchase, acquisition or any other means, with or without consideration; (68) "job work" means any treatment or process undertaken by a person on goods belonging to another registered person and the expression "job worker" shall be construed accordingly; (69) "local authority" means - (a) a "Panchayat" as defined in clause (d) of article 243 of the Constitution; (b) a "Municipality" as defined in clause (e) of article 243P of the Constitution; (c) a Municipal Committee, a Zilla Parishad, a District Board, and any other authority legally entitled to, or entrusted by the Central Government or any State Government with the control or management of a municipal or local fund; (d) a Cantonment Board as defined in section 3 of the Cantonments Act, 2006; (e) a Regional Council or a District Council constituted under the Sixth Schedule to the Constitution; (f) a Development Board constituted under article 371 of the Constitution; or (g) a Regional Council constituted under article 371A of the Constitution; (70) "location of the recipient of services" means, - (a) where a supply is received at a place of business for which the registration has been obtained, the location of such place of business; (b) where a supply is received at a place other than the place of business for which registration has been obtained (a fixed establishment elsewhere), the location of such fixed establishment; (c) where a supply is received at more than one establishment, whether the place of business or fixed establishment, the location of the establishment most directly concerned with the receipt of the supply; and (d) in absence of such places, the location of the usual place of residence of the recipient; (71) "location of the supplier of services" means,- (a) where a supply is made from a place of business for which the registration has been obtained, the location of such place of business; (b) where a supply is made from a place other than the place of business for which registration has been obtained (a fixed establishment elsewhere), the location of such fixed establishment; (c) where a supply is made from more than one establishment, whether the place of business or fixed establishment, the location of the establishment most directly concerned with the provisions of the supply; and (d) in absence of such places, the location of the usual place of residence of the supplier; (72) "manufacture" means processing of raw material or inputs in any manner that results in emergence of a new product having a distinct name, character and use and the term "manufacturer" shall be construed accordingly; (73) "market value" shall mean the full amount which a recipient of a supply is required to pay in order to obtain the goods or services or both of like kind and quality at or about the same time and at the same commercial level where the recipient and the supplier are not related; (74) "mixed supply" means two or more individual supplies of goods or services, or any combination thereof, made in conjunction with each other by a taxable person for a single price where such supply does not constitute a composite supply. Illustration: - A supply of a package consisting of canned foods, sweets, chocolates, cakes, dry fruits, aerated drinks and fruit juices when supplied for a single price is a mixed supply. Each of these items can be supplied separately and is not dependent on any other. It shall not be a mixed supply if these items are supplied separately; (75) "money" means the Indian legal tender or any foreign currency, cheque, promissory note, bill of exchange, letter of credit, draft, pay order, traveller cheque, money order, postal or electronic remittance or any other instrument recognized by the Reserve Bank of India when used as a consideration to settle an obligation or exchange with Indian legal tender of another denomination but shall not include any currency that is held for its numismatic value; (76) "motor vehicle" shall have the same meaning as assigned to it in clause (28) of section 2 of the Motor Vehicles Act, 1988; (77) "non-resident taxable person" means any person who occasionally undertakes transactions involving supply of goods or services or both, whether as principal or agent or in any other capacity, but who has no fixed place of business or residence in India; (78) "non-taxable supply" means a supply of goods or services or both which is not leviable to tax under this Act or under the Integrated Goods and Services Tax Act; (79) "non-taxable territory" means the territory which is outside the taxable territory; (80) "notification" means a notification published in the Official Gazette and the expressions 'notify' and 'notified' shall be construed accordingly; (81) "other territory" includes territories other than those comprising in a State and those referred to in sub-clauses (a) to (e) of clause (114); (82) "output tax" in relation to a taxable person, means the tax chargeable under this Act on taxable supply of goods or services or both made by him or by his agent but excludes tax payable by him on reverse charge basis; (83) "outward supply" in relation to a taxable person, means supply of goods or services or both, whether by sale, transfer, barter, exchange, licence, rental, lease or disposal or any other mode, made or agreed to be made by such person in the course or furtherance of business; (84) "person" includes - (a) an individual; (b) a Hindu Undivided Family; (c) a company; (d) a firm; (e) a Limited Liability Partnership; (f) an association of persons or a body of individuals, whether incorporated or not, in India or outside India; (g) any corporation established by or under any Central Act, State Act or Provincial Act or a Government company as defined in clause (45) of section 2 of the Companies Act, 2013; (h) any body corporate incorporated by or under the laws of a country outside India; (i) a co-operative society registered under any law relating to co-operative societies; (j) a local authority; (k) Central Government or a State Government; (l) society as defined under the Societies Registration Act, 1860; (m) trust; and (n) every artificial juridical person, not falling within any of the above; (85) "place of business" includes - (a) a place from where the business is ordinarily carried on, and includes a warehouse, a godown or any other place where a taxable person stores his goods, supplies or receives goods or services or both; or (b) a place where a taxable person maintains his books of account; or (c) a place where a taxable person is engaged in business through an agent, by whatever name called; (86) "place of supply" means the place of supply as referred to in Chapter V of the Integrated Goods and Services Tax Act; (87) "principal" "prescribed" means prescribed by rules made under this Act on the recommendations of the Council; (88) "principal" means a person on whose behalf an agent carries on the business of supply or receipt of goods or services or both; (89) "principal place of business" means the place of business specified as the principal place of business in the certificate of registration; (90) "principal supply" means the supply of goods or services which constitutes the predominant element of a composite supply and to which any other supply forming part of that composite supply is ancillary; (91) "proper officer" in relation to any function to be performed under this Act, means the Commissioner or the officer of the State tax who is assigned that function by the Commissioner; (92) "quarter" shall mean a period comprising three consecutive calendar months, ending on the last day of March, June, September and December of a calendar year; (93) "recipient" of supply of goods or services or both, means - (a) where a consideration is payable for the supply of goods or services or both, the person who is liable to pay that consideration; (b) where no consideration is payable for the supply of goods, the person to whom the goods are delivered or made available, or to whom possession or use of the goods is given or made available; and (c) where no consideration is payable for the supply of a service, the person to whom the service is rendered, and any reference to a person to whom a supply is made shall be construed as a reference to the recipient of the supply and shall include an agent acting as such on behalf of the recipient in relation to the goods or services or both supplied; (94) "registered person" means a person who is registered under section 25 but does not include a person having a Unique Identity Number. (95) "regulations" means the regulations made by the Government under this Act on the recommendations of the Council; (96) "removal" in relation to goods, means - (a) despatch of the goods for delivery by the supplier thereof or by any other person acting on behalf of such supplier; or (b) collection of the goods by the recipient thereof or by any other person acting on behalf of such recipient; (97) "return" means any return prescribed or otherwise required to be furnished by or under this Act or the rules made thereunder; (98) "reverse charge" means the liability to pay tax by the recipient of supply of goods or services or both instead of the supplier of such goods or services or both under sub-section (3) or sub-section (4) of section 9, or under sub-section (3) or sub-section (4) of section 5 of the Integrated Goods and Services Tax Act; (99) "Revisional Authority" means an authority appointed or authorised for revision of decision or orders as referred to in section 108; (100) "Schedule" means a Schedule appended to this Act; (101) "securities" shall have the same meaning as assigned to it in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956; (102) "services" means anything other than goods, money and securities but includes activities relating to the use of money or its conversion by cash or by any other mode, from one form, currency or denomination, to another form, currency or denomination for which a separate consideration is charged; (103) "State" means the Union territory of Puducherry; (104) "State tax" means the tax levied under this Act; (105) "supplier" in relation to any goods or services or both, shall mean the person supplying the said goods or services or both and shall include an agent acting as such on behalf of such supplier in relation to the goods or services or both supplied; (106) "telecommunication service" "tax period" means the period for which the return is required to be furnished; (107) "taxable person" means a person who is registered or liable to be registered under section 22 or section 24; (108) "taxable supply" means a supply of goods or services or both which is leviable to tax under this Act; (109) "taxable territory" means the territory to which the provisions of this Act apply; (110) "telecommunication service" means service of any description (including electronic mail, voice mail, data services, audio text services, video text services, radio paging and cellular mobile telephone services) which is made available to users by means of any transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature, by wire, radio, visual or other electromagnetic means; (111) "the Central Goods and Services Tax Act" means the Central Goods and Services Tax Act, 2017; (112) "turnover in State" or "turnover in Union territory" means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable by a person on reverse charge basis) and exempt supplies made within a State or Union territory by a taxable person, exports of goods or services or both and inter- State supplies of goods or services or both made from the State or Union territory by the said taxable person but excludes central tax, State tax, Union territory tax, integrated tax and cess; (113) "usual place of residence" means - (a) in case of an individual, the place where he ordinarily resides; (b) in other cases, the place where the person is incorporated or otherwise legally constituted; (114) "Union territory" means the territory of, - (a) the Andaman and Nicobar Islands; (b) Lakshadweep; (c) Dadra and Nagar Haveli; (d) Daman and Diu; (e) Chandigarh; and (f) other territory; Explanation. - For the purposes of this Act, each of the territories specified in sub-clauses (a) to (f) shall be considered to be a separate Union territory; (115) "Union territory tax" means the Union territory goods and services tax levied under the Union Territory Goods and Services Tax Act; (116) "Union Territory Goods and Services Tax Act" means the Union Territory Goods and Services Tax Act, 2017; (117) "valid return" means a return furnished under sub-section (1) of section 39 on which self-assessed tax has been paid in full; (118) "voucher" means an instrument where there is an obligation to accept it as consideration or part consideration for a supply of goods or services or both and where the goods or services or both to be supplied or the identities of their potential suppliers are either indicated on the instrument itself or in related documentation, including the terms and conditions of use of such instrument; (119) "works contract" means a contract for building, construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning of any immovable property wherein transfer of property in goods (whether as goods or in some other form) is involved in the execution of such contract; (120) words and expressions used and not defined in this Act but defined in the Integrated Goods and Services Tax Act, the Central Goods and Services Tax Act, the Union Territory Goods and Services Tax Act and the Goods and Services Tax (Compensation to States) Act shall have the same meanings as assigned to them in those Acts. Chapter II Administration ------------------------------ ### 3. Officers under this Act. - The Government shall, by notification, appoint the following classes of officers for the purposes of this Act, namely: - (a) Principal Chief Commissioner of State tax, (b) Chief Commissioner of State tax, (c) Commissioner of State tax, (d) Special Commissioner of State tax, (e) Additional Commissioners of State tax, (f) Joint Commissioners of State tax, (g) Deputy Commissioners of State tax, (h) Assistant Commissioners of State tax, and (i) any other class of officers as it may deem fit: Provided that, the officers appointed under the Puducherry Value Added Tax Act, 2007 shall be deemed to be the officers appointed under the provisions of this Act. ### 4. Appointment of officers. (1) The Government may, in addition to the officers as may be notified under section 3, appoint such persons as it may think fit to be the officers under this Act. (2) The Commissioner shall have jurisdiction over the whole of the State, the Special Commissioner and an Additional Commissioner in respect of all or any of the functions assigned to them, shall have jurisdiction over the whole of the State or where the State Government so directs, over any local area thereof, and all other officers shall, subject to such conditions as may be specified, have jurisdiction over the whole of the State or over such local areas as the Commissioner may, by order, specify. ### 5. Powers of officers. (1) Subject to such conditions and limitations as the Commissioner may impose, an officer of State tax may exercise the powers and discharge the duties conferred or imposed on him under this Act. (2) An officer of State tax may exercise the powers and discharge the duties conferred or imposed under this Act on any other officer of State tax who is subordinate to him. (3) The Commissioner may, subject to such conditions and limitations as may be specified in this behalf by him, delegate his powers to any other officer who is subordinate to him. (4) Notwithstanding anything contained in this section, an Appellate Authority shall not exercise the powers and discharge the duties conferred or imposed on any other officer of State tax. ### 6. Authorisation of officers of central tax as proper officer in certain circumstances. (1) Without prejudice to the provisions of this Act, the officers appointed under the Central Goods and Services Tax Act are authorised to be the proper officers for the purposes of this Act, subject to such conditions as the Government shall, on the recommendations of the Council, by notification, specify. (2) Subject to the conditions specified in the notification issued under sub-section (1),- (a) where any proper officer issues an order under this Act, he shall also issue an order under the Central Goods and Services Tax Act, as authorised by the said Act under intimation to the jurisdictional officer of central tax; (b) where a proper officer under the Central Goods and Services Tax Act has initiated any proceedings on a subject matter, no proceedings shall be initiated by the proper officer under this Act on the same subject matter. (3) Any proceedings for rectification, appeal and revision, wherever applicable, of any order passed by an officer appointed under this Act, shall not lie before an officer appointed under the Central Goods and Services Tax Act. Chapter III Levy and Collection of Tax ------------------------------------------- ### 7. Scope of supply. (1) For the purposes of this Act, the expression "supply" includes - (a) all forms of supply of goods or services or both such as sale, transfer, barter, exchange, license, rental, lease or disposal made or agreed to be made for a consideration by a person in the course or furtherance of business; (b) import of services for a consideration whether or not in the course or furtherance of business; (c) the activities specified in Schedule I, made or agreed to be made without a consideration; and (d) the activities to be treated as supply of goods or supply of services as referred to in Schedule II. (2) Notwithstanding anything contained in subsection (1), - (a) activities or transactions specified in Schedule III; or (b) such activities or transactions undertaken by the Central Government, a State Government or any local authority in which they are engaged as public authorities, as may be notified by the Government on the recommendations of the Council, shall be treated neither as a supply of goods nor a supply of services. (3) Subject to the provisions of sub-sections (1) and (2), the Government may, on the recommendations of the Council, specify, by notification, the transactions that are to be treated as- (a) a supply of goods and not as a supply of services; or (b) a supply of services and not as a supply of goods. ### 8. Tax liability on composite and mixed supplies. - The tax liability on a composite or a mixed supply shall be determined in the following manner, namely: - (a) a composite supply comprising two or more supplies, one of which is a principal supply, shall be treated as a supply of such principal supply; and (b) a mixed supply comprising two or more supplies shall be treated as a supply of that particular supply which attracts the highest rate of tax. ### 9. Levy and collection. (1) Subject to the provisions of sub-section (2), there shall be levied a tax called the Puducherry goods and services tax on all intra-State supplies of goods or services or both, except on the supply of alcoholic liquor for human consumption, on the value determined under section 15 and at such rates, not exceeding twenty per cent., as may be notified by the Government on the recommendations of the Council and collected in such manner as may be prescribed and shall be paid by the taxable person. (2) The State tax on the supply of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas and aviation turbine fuel, shall be levied with effect from such date as may be notified by the Government on the recommendations of the Council. (3) The Government may, on the recommendations of the Council, by notification, specify categories of supply of goods or services or both, the tax on which shall be paid on reverse charge basis by the recipient of such goods or services or both and all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to the supply of such goods or services or both. (4) The State tax in respect of the supply of taxable goods or services or both by a supplier, who is not registered, to a registered person shall be paid by such person on reverse charge basis as the recipient and all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to the supply of such goods or services or both. (5) The Government may, on the recommendations of the Council, by notification, specify categories of services the tax on intra-State supplies of which shall be paid by the electronic commerce operator if such services are supplied through it, and all the provisions of this Act shall apply to such electronic commerce operator as if he is the supplier liable for paying the tax in relation to the supply of such services: Provided that where an electronic commerce operator does not have a physical presence in the taxable territory, any person representing such electronic commerce operator for any purpose in the taxable territory shall be liable to pay tax: Provided further that where an electronic commerce operator does not have a physical presence in the taxable territory and also he does not have a representative in the said territory, such electronic commerce operator shall appoint a person in the taxable territory for the purpose of paying tax and such person shall be liable to pay tax. ### 10. Composition levy. (1) Notwithstanding anything to the contrary contained in this Act but subject to the provisions of sub-sections (3) and (4) of section 9, a registered person, whose aggregate turnover in the preceding financial year did not exceed fifty lakh rupees may opt to pay, in lieu of the tax payable by him, an amount calculated at such rate as may be prescribed, but not exceeding,- (a) one per cent. of the turnover in State in case of a manufacturer, (b) two and a half per cent. of the turnover in State in case of persons engaged in making supplies referred to in clause (b) of paragraph 6 of Schedule II, and (c) half per cent. of the turnover in State in case of other suppliers, subject to such conditions and restrictions as may be prescribed: Provided that the Government may, by notification, increase the said limit of fifty lakh rupees to such higher amount, not exceeding one crore rupees, as may be recommended by the Council. (2) The registered person shall be eligible to opt under sub-section (1), if - (a) he is not engaged in the supply of services other than supplies referred to in clause (b) of paragraph 6 of Schedule II; (b) he is not engaged in making any supply of goods which are not leviable to tax under this Act; (c) he is not engaged in making any inter-State outward supplies of goods; (d) he is not engaged in making any supply of goods through an electronic commerce operator who is required to collect tax at source under section 52; and (e) he is not a manufacturer of such goods as may be notified by the Government on the recommendations of the Council: Provided that where more than one registered person are having the same Permanent Account Number (issued under the Income-tax Act, 1961), the registered person shall not be eligible to opt for the scheme under sub-section (1) unless all such registered persons opt to pay tax under that subsection. (3) The option availed of by a registered person under sub-section (1) shall lapse with effect from the day on which his aggregate turnover during a financial year exceeds the limit specified under sub-section (1). (4) A taxable person to whom the provisions of sub-section (1) apply shall not collect any tax from the recipient on supplies made by him nor shall he be entitled to any credit of input tax. (5) If the proper officer has reasons to believe that a taxable person has paid tax under sub-section (1) despite not being eligible, such person shall, in addition to any tax that may be payable by him under any other provisions of this Act, be liable to a penalty and the provisions of section 73 or section 74 shall, mutatis mutandis, apply for determination of tax and penalty. ### 11. Power to grant exemption from tax. (1) Where the Government is satisfied that it is necessary in the public interest so to do, it may, on the recommendations of the Council, by notification, exempt generally, either absolutely or subject to such conditions as may be specified therein, goods or services or both of any specified description from the whole or any part of the tax leviable thereon with effect from such date as may be specified in such notification. (2) Where the Government is satisfied that it is necessary in the public interest so to do, it may, on the recommendations of the Council, by special order in each case, under circumstances of an exceptional nature to be stated in such order, exempt from payment of tax any goods or services or both on which tax is leviable. (3) The Government may, if it considers necessary or expedient so to do for the purpose of clarifying the scope or applicability of any notification issued under sub-section (1) or order issued under sub-section (2), insert an explanation in such notification or order, as the case may be, by notification at any time within one year of issue of the notification under sub-section (1) or order under subsection (2), and every such explanation shall have effect as if it had always been the part of the first such notification or order, as the case may be. (4) Any notification issued by the Central Government, on the recommendations of the Council, under sub-section (1) of section 11 or order issued under sub-section (2) of the said section of the Central Goods and Services Tax Act shall be deemed to be a notification or, as the case may be, an order issued under this Act. Explanation. - For the purposes of this section, where an exemption in respect of any goods or services or both from the whole or part of the tax leviable thereon has been granted absolutely, the registered person supplying such goods or services or both shall not collect the tax, in excess of the effective rate, on such supply of goods or services or both. Chapter IV Time and Value of Supply ---------------------------------------- ### 12. Time of supply of goods. (1) The liability to pay tax on goods shall arise at the time of supply, as determined in accordance with the provisions of this section. (2) The time of supply of goods shall be the earlier of the following dates, namely:- (a) the date of issue of invoice by the supplier or the last date on which he is required, under sub-section (1) of section 31, to issue the invoice with respect to the supply; or (b) the date on which the supplier receives the payment with respect to the supply: Provided that where the supplier of taxable goods receives an amount up to one thousand rupees in excess of the amount indicated in the tax invoice, the time of supply to the extent of such excess amount shall, at the option of the said supplier, be the date of issue of invoice in respect of such excess amount. Explanation 1. - For the purposes of clauses (a) and (b), "supply" shall be deemed to have been made to the extent it is covered by the invoice or, as the case may be, the payment. Explanation 2. - For the purposes of clause (b) , "the date on which the supplier receives the payment" shall be the date on which the payment is entered in his books of account or the date on which the payment is credited to his bank account, whichever is earlier. (3) In case of supplies in respect of which tax is paid or liable to be paid on reverse charge basis, the time of supply shall be the earliest of the following dates, namely: - (a) the date of the receipt of goods; or (b) the date of payment as entered in the books of account of the recipient or the date on which the payment is debited in his bank account, whichever is earlier; or (c) the date immediately following thirty days from the date of issue of invoice or any other document, by whatever name called, in lieu thereof by the supplier: Provided that where it is not possible to determine the time of supply under clause (a) or clause (b) or clause (c), the time of supply shall be the date of entry in the books of account of the recipient of supply. (4) In case of supply of vouchers by a supplier, the time of supply shall be - (a) the date of issue of voucher, if the supply is identifiable at that point; or (b) the date of redemption of voucher, in all other cases. (5) Where it is not possible to determine the time of supply under the provisions of sub-section (2) or sub-section (3) or sub-section (4), the time of supply shall - (a) in a case where a periodical return has to be filed, be the date on which such return is to be filed; or (b) in any other case, be the date on which the tax is paid. (6) The time of supply to the extent it relates to an addition in the value of supply by way of interest, late fee or penalty for delayed payment of any consideration shall be the date on which the supplier receives such addition in value. ### 13. Time of supply of services. (1) The liability to pay tax on services shall arise at the time of supply, as determined in accordance with the provisions of this section. (2) The time of supply of services shall be the earliest of the following dates, namely: - (a) the date of issue of invoice by the supplier, if the invoice is issued within the period prescribed under sub-section (2) of section 31 or the date of receipt of payment, whichever is earlier; or (b) the date of provision of service, if the invoice is not issued within the period prescribed under sub-section (2) of section 31 or the date of receipt of payment, whichever is earlier; or (c) the date on which the recipient shows the receipt of services in his books of account, in a case where the provisions of clause (a) or clause (b) do not apply: Provided that where the supplier of taxable service receives an amount upto one thousand rupees in excess of the amount indicated in the tax invoice, the time of supply to the extent of such excess amount shall, at the option of the said supplier, be the date of issue of invoice relating to such excess amount. Explanation. - For the purposes of clauses (a) and (b)- (i) the supply shall be deemed to have been made to the extent it is covered by the invoice or, as the case may be, the payment; (ii) "the date of receipt of payment" shall be the date on which the payment is entered in the books of account of the supplier or the date on which the payment is credited to his bank account, whichever is earlier. (3) In case of supplies in respect of which tax is paid or liable to be paid on reverse charge basis, the time of supply shall be the earlier of the following dates, namely: - (a) the date of payment as entered in the books of account of the recipient or the date on which the payment is debited in his bank account, whichever is earlier; or (b) the date immediately following sixty days from the date of issue of invoice or any other document, by whatever name called, in lieu thereof by the supplier: Provided that where it is not possible to determine the time of supply under clause (a) or clause (b) , the time of supply shall be the date of entry in the books of account of the recipient of supply: Provided further that in case of supply by associated enterprises, where the supplier of service is located outside India, the time of supply shall be the date of entry in the books of account of the recipient of supply or the date of payment, whichever is earlier. (4) In case of supply of vouchers by a supplier, the time of supply shall be - (a) the date of issue of voucher, if the supply is identifiable at that point; or (b) the date of redemption of voucher, in all other cases. (5) Where it is not possible to determine the time of supply under the provisions of sub-section (2) or sub-section (3) or sub-section (4), the time of supply shall - (a) in a case where a periodical return has to be filed, be the date on which such return is to be filed; or (b) in any other case, be the date on which the tax is paid. (6) The time of supply to the extent it relates to an addition in the value of supply by way of interest, late fee or penalty for delayed payment of any consideration shall be the date on which the supplier receives such addition in value. ### 14. Change in rate of tax in respect of supply of goods or services. - Notwithstanding anything contained in section 12 or section 13, the time of supply, where there is a change in the rate of tax in respect of goods or services or both, shall be determined in the following manner, namely: - (a) in case the goods or services or both have been supplied before the change in rate of tax, - (i) where the invoice for the same has been issued and the payment is also received after the change in rate of tax, the time of supply shall be the date of receipt of payment or the date of issue of invoice, whichever is earlier; or (ii) where the invoice has been issued prior to the change in rate of tax but payment is received after the change in rate of tax, the time of supply shall be the date of issue of invoice; or (iii) where the payment has been received before the change in rate of tax, but the invoice for the same is issued after the change in rate of tax, the time of supply shall be the date of receipt of payment; (b) in case the goods or services or both have been supplied after the change in rate of tax, - (i) where the payment is received after the change in rate of tax but the invoice has been issued prior to the change in rate of tax, the time of supply shall be the date of receipt of payment; or (ii) where the invoice has been issued and payment is received before the change in rate of tax, the time of supply shall be the date of receipt of payment or date of issue of invoice, whichever is earlier; or (iii) where the invoice has been issued after the change in rate of tax but the payment is received before the change in rate of tax, the time of supply shall be the date of issue of invoice: Provided that the date of receipt of payment shall be the date of credit in the bank account if such credit in the bank account is after four working days from the date of change in the rate of tax. Explanation. - For the purposes of this section, "the date of receipt of payment" shall be the date on which the payment is entered in the books of account of the supplier or the date on which the payment is credited to his bank account, whichever is earlier. ### 15. Value of taxable supply. (1) The value of a supply of goods or services or both shall be the transaction value, which is the price actually paid or payable for the said supply of goods or services or both where the supplier and the recipient of the supply are not related and the price is the sole consideration for the supply. (2) The value of supply shall include - (a) any taxes, duties, cesses, fees and charges levied under any law for the time being in force other than this Act, the Central Goods and Services Tax Act and the Goods and Services Tax (Compensation to States) Act, if charged separately by the supplier; (b) any amount that the supplier is liable to pay in relation to such supply but which has been incurred by the recipient of the supply and not included in the price actually paid or payable for the goods or services or both; (c) incidental expenses, including commission and packing, charged by the supplier to the recipient of a supply and any amount charged for anything done by the supplier in respect of the supply of goods or services or both at the time of, or before delivery of goods or supply of services; (d) interest or late fee or penalty for delayed payment of any consideration for any supply; and (e) subsidies directly linked to the price excluding subsidies provided by the Central Government and State Governments. Explanation. - For the purposes of this subsection, the amount of subsidy shall be included in the value of supply of the supplier who receives the subsidy. (3) The value of the supply shall not include any discount which is given - (a) before or at the time of the supply if such discount has been duly recorded in the invoice issued in respect of such supply; and (b) after the supply has been effected, if - (i) such discount is established in terms of an agreement entered into at or before the time of such supply and specifically linked to relevant invoices; and (ii) input tax credit as is attributable to the discount on the basis of document issued by the supplier has been reversed by the recipient of the supply. (4) Where the value of the supply of goods or services or both cannot be determined under sub-section (1), the same shall be determined in such manner as may be prescribed. (5) Notwithstanding anything contained in sub-section (1) or sub-section (4), the value of such supplies as may be notified by the Government on the recommendations of the Council shall be determined in such manner as may be prescribed. Explanation. - For the purposes of this Act, - (a) persons shall be deemed to be "related persons" if - (i) such persons are officers or directors of one another's businesses; (ii) such persons are legally recognised partners in business; (iii) such persons are employer and employee; (iv) any person directly or indirectly owns, controls or holds twenty-five per cent. or more of the outstanding voting stock or shares of both of them; (v) one of them directly or indirectly controls the other; (vi) both of them are directly or indirectly controlled by a third person; (vii) together they directly or indirectly control a third person; or (viii) they are members of the same family; (b) the term "person" also includes legal persons. (c) persons who are associated in the business of one another in that one is the sole agent or sole distributor or sole concessionaire, howsoever described, of the other, shall be deemed to be related. Chapter V Input Tax Credit ------------------------------- ### 16. Eligibility and conditions for taking input tax credit. (1) Every registered person shall, subject to such conditions and restrictions as may be prescribed and in the manner specified in section 49, be entitled to take credit of input tax charged on any supply of goods or services or both to him which are used or intended to be used in the course or furtherance of his business and the said amount shall be credited to the electronic credit ledger of such person. (2) Notwithstanding anything contained in this section, no registered person shall be entitled to the credit of any input tax in respect of any supply of goods or services or both to him unless, - (a) he is in possession of a tax invoice or debit note issued by a supplier registered under this Act, or such other tax paying documents as may be prescribed; (b) he has received the goods or services or both. Explanation. - For the purposes of this clause, it shall be deemed that the registered person has received the goods where the goods are delivered by the supplier to a recipient or any other person on the direction of such registered person, whether acting as an agent or otherwise, before or during movement of goods, either by way of transfer of documents of title to goods or otherwise; (c) subject to the provisions of section 41, the tax charged in respect of such supply has been actually paid to the Government, either in cash or through utilisation of input tax credit admissible in respect of the said supply; and (d) he has furnished the return under section 39: Provided that where the goods against an invoice are received in lots or instalments, the registered person shall be entitled to take credit upon receipt of the last lot or instalment: Provided further that where a recipient fails to pay to the supplier of goods or services or both, other than the supplies on which tax is payable on reverse charge basis, the amount towards the value of supply along with tax payable thereon within a period of one hundred and eighty days from the date of issue of invoice by the supplier, an amount equal to the input tax credit availed by the recipient shall be added to his output tax liability, along with interest thereon, in such manner as may be prescribed: Provided also that the recipient shall be entitled to avail of the credit of input tax on payment made by him of the amount towards the value of supply of goods or services or both along with tax payable thereon. (3) Where the registered person has claimed depreciation on the tax component of the cost of capital goods and plant and machinery under the provisions of the Income-tax Act, 1961, the input tax credit on the said tax component shall not be allowed. (4) A registered person shall not be entitled to take input tax credit in respect of any invoice or debit note for supply of goods or services or both after the due date of furnishing of the return under section 39 for the month of September following the end of financial year to which such invoice or invoice relating to such debit note pertains or furnishing of the relevant annual return, whichever is earlier. ### 17. Apportionment of credit and blocked credits. (1) Where the goods or services or both are used by the registered person partly for the purpose of any business and partly for other purposes, the amount of credit shall be restricted to so much of the input tax as is attributable to the purposes of his business. (2) Where the goods or services or both are used by the registered person partly for effecting taxable supplies including zero-rated supplies under this Act or under the Integrated Goods and Services Tax Act and partly for effecting exempt supplies under the said Acts, the amount of credit shall be restricted to so much of the input tax as is attributable to the said taxable supplies including zero-rated supplies. (3) The value of exempt supply under sub-section (2) shall be such as may be prescribed, and shall include supplies on which the recipient is liable to pay tax on reverse charge basis, transactions in securities, sale of land and, subject to clause (b) of paragraph 5 of Schedule II, sale of building. (4) A banking company or a financial institution including a non-banking financial company, engaged in supplying services by way of accepting deposits, extending loans or advances shall have the option to either comply with the provisions of sub-section (2), or avail of, every month, an amount equal to fifty per cent. of the eligible input tax credit on inputs, capital goods and input services in that month and the rest shall lapse: Provided that the option once exercised shall not be withdrawn during the remaining part of the financial year: Provided further that the restriction of fifty per cent. shall not apply to the tax paid on supplies made by one registered person to another registered person having the same Permanent Account Number. (5) Notwithstanding anything contained in subsection (1) of section 16 and sub-section (1) of section 18, input tax credit shall not be available in respect of the following, namely: - (a) motor vehicles and other conveyances except when they are used - (i) for making the following taxable supplies, namely: - (A) further supply of such vehicles or conveyances; or (B) transportation of passengers; or (C) imparting training on driving, flying, navigating such vehicles or conveyances; (ii) for transportation of goods; (b) the following supply of goods or services or both: - (i) food and beverages, outdoor catering, beauty treatment, health services, cosmetic and plastic surgery except where an inward supply of goods or services or both of a particular category is used by a registered person for making an outward taxable supply of the same category of goods or services or both or as an element of a taxable composite or mixed supply; (A) the Government notifies the services which are obligatory for an employer to provide to its employees under any law for the time being in force; or (B) such inward supply of goods or services or both of a particular category is used by a registered person for making an outward taxable supply of the same category of goods or services or both or as part of a taxable composite or mixed supply; and (iv) travel benefits extended to employees on vacation such as leave or home travel concession; (ii) membership of a club, health and fitness centre; (iii) rent-a-cab, life insurance and health insurance except where - (c) works contract services when supplied for construction of an immovable property (other than plant and machinery) except where it is an input service for further supply of works contract service; (d) goods or services or both received by a taxable person for construction of an immovable property (other than plant and machinery) on his own account including when such goods or services or both are used in the course or furtherance of business; Explanation. - For the purposes of clauses (c) and (d), the expression "construction" includes reconstruction, renovation, additions or alterations or repairs, to the extent of capitalisation, to the said immovable property; (e) goods or services or both on which tax has been paid under section 10; (f) goods or services or both received by a nonresident taxable person except on goods imported by him; (g) goods or services or both used for personal consumption; (h) goods lost, stolen, destroyed, written off or disposed of by way of gift or free samples; and (i) any tax paid in accordance with the provisions of sections 74, 129 and 130. (6) The Government may prescribe the manner in which the credit referred to in sub-sections (1) and (2) may be attributed. Explanation. - For the purposes of this Chapter and Chapter VI, the expression "plant and machinery" means apparatus, equipment, and machinery fixed to earth by foundation or structural support that are used for making outward supply of goods or services or both and includes such foundation and structural supports but excludes- (i) land, building or any other civil structures; (ii) telecommunication towers; and (iii) pipelines laid outside the factory premises. ### 18. Availability of credit in special circumstances. (1) Subject to such conditions and restrictions as may be prescribed - (a) a person who has applied for registration under this Act within thirty days from the date on which he becomes liable to registration and has been granted such registration shall be entitled to take credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the day immediately preceding the date from which he becomes liable to pay tax under the provisions of this Act; (b) a person who takes registration under subsection (3) of section 25 shall be entitled to take credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the day immediately preceding the date of grant of registration; (c) where any registered person ceases to pay tax under section 10, he shall be entitled to take credit of input tax in respect of inputs held in stock, inputs contained in semi-finished or finished goods held in stock and on capital goods on the day immediately preceding the date from which he becomes liable to pay tax under section 9: Provided that the credit on capital goods shall be reduced by such percentage points as may be prescribed; (d) where an exempt supply of goods or services or both by a registered person becomes a taxable supply, such person shall be entitled to take credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock relatable to such exempt supply and on capital goods exclusively used for such exempt supply on the day immediately preceding the date from which such supply becomes taxable: Provided that the credit on capital goods shall be reduced by such percentage points as may be prescribed. (2) A registered person shall not be entitled to take input tax credit under sub-section (1) in respect of any supply of goods or services or both to him after the expiry of one year from the date of issue of tax invoice relating to such supply. (3) Where there is a change in the constitution of a registered person on account of sale, merger, demerger, amalgamation, lease or transfer of the business with the specific provisions for transfer of liabilities, the said registered person shall be allowed to transfer the input tax credit which remains unutilised in his electronic credit ledger to such sold, merged, demerged, amalgamated, leased or transferred business in such manner as may be prescribed. (4) Where any registered person who has availed of input tax credit opts to pay tax under section 10 or, where the goods or services or both supplied by him become wholly exempt, he shall pay an amount, by way of debit in the electronic credit ledger or electronic cash ledger, equivalent to the credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock and on capital goods, reduced by such percentage points as may be prescribed, on the day immediately preceding the date of exercising of such option or, as the case may be, the date of such exemption: Provided that after payment of such amount, the balance of input tax credit, if any, lying in his electronic credit ledger shall lapse. (5) The amount of credit under sub-section (1) and the amount payable under sub-section (4) shall be calculated in such manner as may be prescribed. (6) In case of supply of capital goods or plant and machinery, on which input tax credit has been taken, the registered person shall pay an amount equal to the input tax credit taken on the said capital goods or plant and machinery reduced by such percentage points as may be prescribed or the tax on the transaction value of such capital goods or plant and machinery determined under section 15, whichever is higher: Provided that where refractory bricks, moulds and dies, jigs and fixtures are supplied as scrap, the taxable person may pay tax on the transaction value of such goods determined under section 15. ### 19. Taking input tax credit in respect of inputs and capital goods sent for job work. (1) The principal shall, subject to such conditions and restrictions as may be prescribed, be allowed input tax credit on inputs sent to a job-worker for job-work. (2) Notwithstanding anything contained in clause (b) of sub-section (2) of section 16, the principal shall be entitled to take credit of input tax on inputs even if the inputs are directly sent to a jobworker for job-work without being first brought to his place of business. (3) Where the inputs sent for job-work are not received back by the principal after completion of jobwork or otherwise or are not supplied from the place of business of the job-worker in accordance with clause (a) or clause (b) of sub-section (1) of section 143 within one year of being sent out, it shall be deemed that such inputs had been supplied by the principal to the job-worker on the day when the said inputs were sent out: Provided that where the inputs are sent directly to a job-worker, the period of one year shall be counted from the date of receipt of inputs by the jobworker. (4) The principal shall, subject to such conditions and restrictions as may be prescribed, be allowed input tax credit on capital goods sent to a jobworker for job-work. (5) Notwithstanding anything contained in clause (b) of sub-section (2) of section 16, the principal shall be entitled to take credit of input tax on capital goods even if the capital goods are directly sent to a jobworker for job-work without being first brought to his place of business. (6) Where the capital goods sent for job-work are not received back by the principal within a period of three years of being sent out, it shall be deemed that such capital goods had been supplied by the principal to the job-worker on the day when the said capital goods were sent out: Provided that where the capital goods are sent directly to a job-worker, the period of three years shall be counted from the date of receipt of capital goods by the job-worker. (7) Nothing contained in sub-section (3) or subsection (6) shall apply to moulds and dies, jigs and fixtures, or tools sent out to a job-worker for jobwork. Explanation. - For the purpose of this section, "principal" means the person referred to in section 143. ### 20. Manner of distribution of credit by Input Service Distributor. (1) The Input Service Distributor shall distribute the credit of State tax as State tax or integrated tax and integrated tax as integrated tax or State tax, by way of issue of document containing the amount of input tax credit being distributed in such manner as may be prescribed. (2) The Input Service Distributor may distribute the credit subject to the following conditions, namely: - (a) the credit can be distributed to the recipients of credit against a document containing such details as may be prescribed; (b) the amount of the credit distributed shall not exceed the amount of credit available for distribution; (c) the credit of tax paid on input services attributable to a recipient of credit shall be distributed only to that recipient; (d) the credit of tax paid on input services attributable to more than one recipient of credit shall be distributed amongst such recipients to whom the input service is attributable and such distribution shall be pro rata on the basis of the turnover in a State or turnover in a Union territory of such recipient, during the relevant period, to the aggregate of the turnover of all such recipients to whom such input service is attributable and which are operational in the current year, during the said relevant period; (e) the credit of tax paid on input services attributable to all recipients of credit shall be distributed amongst such recipients and such distribution shall be pro rata on the basis of the turnover in a State or turnover in a Union territory of such recipient, during the relevant period, to the aggregate of the turnover of all recipients and which are operational in the current year, during the said relevant period. Explanation. - For the purposes of this section, - (a) the "relevant period" shall be - (i) if the recipients of credit have turnover in their States or Union territories in the financial year preceding the year during which credit is to be distributed, the said financial year; or (ii) if some or all recipients of the credit do not have any turnover in their States or Union territories in the financial year preceding the year during which the credit is to be distributed, the last quarter for which details of such turnover of all the recipients are available, previous to the month during which credit is to be distributed; (b) the expression "recipient of credit" means the supplier of goods or services or both having the same Permanent Account Number as that of the Input Service Distributor; (c) the term "turnover", in relation to any registered person engaged in the supply of taxable goods as well as goods not taxable under this Act, means the value of turnover, reduced by the amount of any duty or tax levied under entry 84 of List I of the Seventh Schedule to the Constitution and entry 51 and 54 of List II of the said Schedule. ### 21. Manner of recovery of credit distributed in excess. - Where the Input Service Distributor distributes the credit in contravention of the provisions contained in section 20 resulting in excess distribution of credit to one or more recipients of credit, the excess credit so distributed shall be recovered from such recipients along with interest, and the provisions of section 73 or section 74, as the case may be, shall, mutatis mutandis, apply for determination of amount to be recovered. Chapter VI Registration ---------------------------- ### 22. Persons liable for registration. (1) Every supplier making a taxable supply of goods or services or both in the State shall be liable to be registered under this Act if his aggregate turnover in a financial year exceeds twenty lakh rupees: Provided that where such person makes taxable supplies of goods or services or both from any of the special category States, he shall be liable to be registered if his aggregate turnover in a financial year exceeds ten lakh rupees. (2) Every person who, on the day immediately preceding the appointed day, is registered or holds a licence under an existing law, shall be liable to be registered under this Act with effect from the appointed day. (3) Where a business carried on by a taxable person registered under this Act is transferred, whether on account of succession or otherwise, to another person as a going concern, the transferee or the successor, as the case may be, shall be liable to be registered with effect from the date of such transfer or succession. (4) Notwithstanding anything contained in sub-sections (1) and (3), in a case of transfer pursuant to sanction of a scheme or an arrangement for amalgamation or, as the case may be, de-merger of two or more companies pursuant to an order of a High Court, Tribunal or otherwise, the transferee shall be liable to be registered, with effect from the date on which the Registrar of Companies issues a certificate of incorporation giving effect to such order of the High Court or Tribunal. Explanation. - For the purposes of this section, - (i) the expression "aggregate turnover" shall include all supplies made by the taxable person, whether on his own account or made on behalf of all his principals; (ii) the supply of goods, after completion of job-work, by a registered job-worker shall be treated as the supply of goods by the principal referred to in section 143, and the value of such goods shall not be included in the aggregate turnover of the registered job-worker; (iii) the expression "special category States" shall mean the States as specified in sub-clause (g) of clause (4) of article 279A of the Constitution. ### 23. Persons not liable for registration. (1) The following persons shall not be liable to registration, namely: - (a) any person engaged exclusively in the business of supplying goods or services or both that are not liable to tax or wholly exempt from tax under this Act or under the Integrated Goods and Services Tax Act; (b) an agriculturist, to the extent of supply of produce out of cultivation of land. (2) The Government may, on the recommendations of the Council, by notification, specify the category of persons who may be exempted from obtaining registration under this Act. ### 24. Compulsory registration in certain cases. - Notwithstanding anything contained in sub-section (1) of section 22, the following categories of persons shall be required to be registered under this Act, - (i) persons making any inter-State taxable supply; (ii) casual taxable persons making taxable supply; (iii) persons who are required to pay tax under reverse charge; (iv) persons who are required to pay tax under sub-section (5) of section 9; (v) non-resident taxable persons making taxable supply; (vi) persons who are required to deduct tax under section 51, whether or not separately registered under this Act; (vii) persons who make taxable supply of goods or services or both on behalf of other taxable persons whether as an agent or otherwise; (viii) Input Service Distributor, whether or not separately registered under this Act; (ix) persons who supply goods or services or both, other than supplies specified under sub-section (5) of section 9, through such electronic commerce operator who is required to collect tax at source under section 52; (x) every electronic commerce operator; (xi) every person supplying online information and data base access or retrieval services from a place outside India to a person in India, other than a registered person; and (xii) such other person or class of persons as may be notified by the Government on the recommendations of the Council. ### 25. Procedure for registration. (1) Every person who is liable to be registered under section 22 or section 24 shall apply for registration within thirty days from the date on which he becomes liable to registration, in such manner and subject to such conditions as may be prescribed: Provided that a casual taxable person or a nonresident taxable person shall apply for registration at least five days prior to the commencement of business. Explanation. - Every person who makes a supply from the territorial waters of India shall obtain registration in the State where the nearest point of the appropriate baseline is located in the State. (2) A person seeking registration under this Act shall be granted a single registration: Provided that a person having multiple business verticals in the State may be granted a separate registration for each business vertical, subject to such conditions as may be prescribed. (3) A person, though not liable to be registered under section 22 or section 24 may get himself registered voluntarily, and all provisions of this Act, as are applicable to a registered person, shall apply to such person. (4) A person who has obtained or is required to obtain more than one registration, whether in one State or Union territory or more than one State or Union territory shall, in respect of each such registration, be treated as distinct persons for the purposes of this Act. (5) Where a person who has obtained or is required to obtain registration in a State or Union territory in respect of an establishment, has an establishment in another State or Union territory, then such establishments shall be treated as establishments of distinct persons for the purposes of this Act. (6) Every person shall have a Permanent Account Number issued under the Income-tax Act, 1961 in order to be eligible for grant of registration: Provided that a person required to deduct tax under section 51 may have, in lieu of a Permanent Account Number, a Tax Deduction and Collection Account Number issued under the said Act in order to be eligible for grant of registration. (7) Notwithstanding anything contained in subsection (6), a non-resident taxable person may be granted registration under sub-section (1) on the basis of such other documents as may be prescribed. (8) Where a person who is liable to be registered under this Act fails to obtain registration, the proper officer may, without prejudice to any action which may be taken under this Act or under any other law for the time being in force, proceed to register such person in such manner as may be prescribed. (9) Notwithstanding anything contained in sub-section (1), - (a) any specialised agency of the United Nations Organisation or any Multilateral Financial Institution and Organisation notified under the United Nations (Privileges and Immunities) Act, 1947, Consulate or Embassy of foreign countries; and (b) any other person or class of persons, as may be notified by the Commissioner, shall be granted a Unique Identity Number in such manner and for such purposes, including refund of taxes on the notified supplies of goods or services or both received by them, as may be prescribed. (10) The registration or the Unique Identity Number shall be granted or rejected after due verification in such manner and within such period as may be prescribed. (11) A certificate of registration shall be issued in such form and with effect from such date as may be prescribed. (12) A registration or a Unique Identity Number shall be deemed to have been granted after the expiry of the period prescribed under sub-section (10), if no deficiency has been communicated to the applicant within that period. ### 26. Deemed registration. (1) The grant of registration or the Unique Identity Number under the Central Goods and Services Tax Act shall be deemed to be a grant of registration or the Unique Identity Number under this Act subject to the condition that the application for registration or the Unique Identity Number has not been rejected under this Act within the time specified in sub-section (10) of section 25. (2) Notwithstanding anything contained in sub-section (10) of section 25, any rejection of application for registration or the Unique Identity Number under the Central Goods and Services Tax Act shall be deemed to be a rejection of application for registration under this Act. ### 27. Special provisions relating to casual taxable person and no-resident taxable person. (1) The certificate of registration issued to a casual taxable person or a non-resident taxable person shall be valid for the period specified in the application for registration or ninety days from the effective date of registration, whichever is earlier and such person shall make taxable supplies only after the issuance of the certificate of registration: Provided that the proper officer may, on sufficient cause being shown by the said taxable person, extend the said period of ninety days by a further period not exceeding ninety days. (2) A casual taxable person or a non-resident taxable person shall, at the time of submission of application for registration under sub-section (1) of section 25, make an advance deposit of tax in an amount equivalent to the estimated tax liability of such person for the period for which the registration is sought: Provided that where any extension of time is sought under sub-section (1) , such taxable person shall deposit an additional amount of tax equivalent to the estimated tax liability of such person for the period for which the extension is sought. (3) The amount deposited under sub-section (2) shall be credited to the electronic cash ledger of such person and shall be utilised in the manner provided under section 49. ### 28. Amendment of registration. (1) Every registered person and a person to whom a Unique Identity Number has been assigned shall inform the proper officer of any changes in the information furnished at the time of registration or subsequent thereto, in such form and manner and within such period as may be prescribed. (2) The proper officer may, on the basis of information furnished under sub-section (1) or as ascertained by him, approve or reject amendments in the registration particulars in such manner and within such period as may be prescribed: Provided that approval of the proper officer shall not be required in respect of amendment of such particulars as may be prescribed: Provided further that the proper officer shall not reject the application for amendment in the registration particulars without giving the person an opportunity of being heard. (3) Any rejection or approval of amendments under the Central Goods and Services Tax Act shall be deemed to be a rejection or approval under this Act. ### 29. Cancellation of registration. (1) The proper officer may, either on his own motion or on an application filed by the registered person or by his legal heirs, in case of death of such person, cancel the registration, in such manner and within such period as may be prescribed, having regard to the circumstances where, - (a) the business has been discontinued, transferred fully for any reason including death of the proprietor, amalgamated with other legal entity, demerged or otherwise disposed of; or (b) there is any change in the constitution of the business; or (c) the taxable person, other than the person registered under sub-section (3) of section 25, is no longer liable to be registered under section 22 or section 24. (2) The proper officer may cancel the registration of a person from such date, including any retrospective date, as he may deem fit, where, - (a) a registered person has contravened such provisions of the Act or the rules made thereunder as may be prescribed; or (b) a person paying tax under section 10 has not furnished returns for three consecutive tax periods; or (c) any registered person, other than a person specified in clause (b), has not furnished returns for a continuous period of six months; or (d) any person who has taken voluntary registration under sub-section (3) of section 25 has not commenced business within six months from the date of registration; or (e) registration has been obtained by means of fraud, wilful misstatement or suppression of facts: Provided that the proper officer shall not cancel the registration without giving the person an opportunity of being heard. (3) The cancellation of registration under this section shall not affect the liability of the person to pay tax and other dues under this Act or to discharge any obligation under this Act or the rules made thereunder for any period prior to the date of cancellation whether or not such tax and other dues are determined before or after the date of cancellation. (4) The cancellation of registration under the Central Goods and Services Tax Act shall be deemed to be a cancellation of registration under this Act. (5) Every registered person whose registration is cancelled shall pay an amount, by way of debit in the electronic credit ledger or electronic cash ledger, equivalent to the credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock or capital goods or plant and machinery on the day immediately preceding the date of such cancellation or the output tax payable on such goods, whichever is higher, calculated in such manner as may be prescribed: Provided that in case of capital goods or plant and machinery, the taxable person shall pay an amount equal to the input tax credit taken on the said capital goods or plant and machinery, reduced by such percentage points as may be prescribed or the tax on the transaction value of such capital goods or plant and machinery under section 15, whichever is higher. (6) The amount payable under sub-section (5) shall be calculated in such manner as may be prescribed. ### 30. Revocation of cancellation of registration. (1) Subject to such conditions as may be prescribed, any registered person, whose registration is cancelled by the proper officer on his own motion, may apply to such officer for revocation of cancellation of the registration in the prescribed manner within thirty days from the date of service of the cancellation order. (2) The proper officer may, in such manner and within such period as may be prescribed, by order, either revoke cancellation of the registration or reject the application: Provided that the application for revocation of cancellation of registration shall not be rejected unless the applicant has been given an opportunity of being heard. (3) The revocation of cancellation of registration under the Central Goods and Services Tax Act shall be deemed to be a revocation of cancellation of registration under this Act. Chapter VII Tax Invoice, Credit and Debit Notes ---------------------------------------------------- ### 31. Tax invoice. (1) A registered person supplying taxable goods shall, before or at the time of, - (a) removal of goods for supply to the recipient, where the supply involves movement of goods; or (b) delivery of goods or making available thereof to the recipient, in any other case, issue a tax invoice showing the description, quantity and value of goods, the tax charged thereon and such other particulars as may be prescribed: Provided that the Government may, on the recommendations of the Council, by notification, specify the categories of goods or supplies in respect of which a tax invoice shall be issued, within such time and in such manner as may be prescribed. (2) A registered person supplying taxable services shall, before or after the provision of service but within a prescribed period, issue a tax invoice, showing the description, value, tax charged thereon and such other particulars as may be prescribed: Provided that the Government may, on the recommendations of the Council, by notification and subject to such conditions as may be mentioned therein, specify the categories of services in respect of which - (a) any other document issued in relation to the supply shall be deemed to be a tax invoice; or (b) tax invoice may not be issued. (3) Notwithstanding anything contained in subsections (1) and (2) - (a) a registered person may, within one month from the date of issuance of certificate of registration and in such manner as may be prescribed, issue a revised invoice against the invoice already issued during the period beginning with the effective date of registration till the date of issuance of certificate of registration to him; (b) a registered person may not issue a tax invoice if the value of the goods or services or both supplied is less than two hundred rupees subject to such conditions and in such manner as may be prescribed; (c) a registered person supplying exempted goods or services or both or paying tax under the provisions of section 10 shall issue, instead of a tax invoice, a bill of supply containing such particulars and in such manner as may be prescribed: Provided that the registered person may not issue a bill of supply if the value of the goods or services or both supplied is less than two hundred rupees subject to such conditions and in such manner as may be prescribed; (d) a registered person shall, on receipt of advance payment with respect to any supply of goods or services or both, issue a receipt voucher or any other document, containing such particulars as may be prescribed, evidencing receipt of such payment; (e) where, on receipt of advance payment with respect to any supply of goods or services or both the registered person issues a receipt voucher, but subsequently no supply is made and no tax invoice is issued in pursuance thereof, the said registered person may issue to the person who had made the payment, a refund voucher against such payment; (f) a registered person who is liable to pay tax under sub-section (3) or sub-section (4) of section 9 shall issue an invoice in respect of goods or services or both received by him from the supplier who is not registered on the date of receipt of goods or services or both; (g) a registered person who is liable to pay tax under sub-section (3) or sub-section (4) of section 9 shall issue a payment voucher at the time of making payment to the supplier. (4) In case of continuous supply of goods, where successive statements of accounts or successive payments are involved, the invoice shall be issued before or at the time each such statement is issued or, as the case may be, each such payment is received. (5) Subject to the provisions of clause (d) of subsection (3), in case of continuous supply of services, - (a) where the due date of payment is ascertainable from the contract, the invoice shall be issued on or before the due date of payment; (b) where the due date of payment is not ascertainable from the contract, the invoice shall be issued before or at the time when the supplier of service receives the payment; (c) where the payment is linked to the completion of an event, the invoice shall be issued on or before the date of completion of that event. (6) In a case where the supply of services ceases under a contract before the completion of the supply, the invoice shall be issued at the time when the supply ceases and such invoice shall be issued to the extent of the supply made before such cessation. (7) Notwithstanding anything contained in subsection (1), where the goods being sent or taken on approval for sale or return are removed before the supply takes place, the invoice shall be issued before or at the time of supply or six months from the date of removal, whichever is earlier. Explanation. - For the purposes of this section, the expression "tax invoice" shall include any revised invoice issued by the supplier in respect of a supply made earlier. ### 32. Prohibition of unauthorised collection of tax. (1) A person who is not a registered person shall not collect in respect of any supply of goods or services or both any amount by way of tax under this Act. (2) No registered person shall collect tax except in accordance with the provisions of this Act or the rules made thereunder. ### 33. Amount of tax to be indicated in tax invoice and other documents. - Notwithstanding anything contained in this Act or any other law for the time being in force, where any supply is made for a consideration, every person who is liable to pay tax for such supply shall prominently indicate in all documents relating to assessment, tax invoice and other like documents, the amount of tax which shall form part of the price at which such supply is made. ### 34. Credit and debit notes. (1) Where a tax invoice has been issued for supply of any goods or services or both and the taxable value or tax charged in that tax invoice is found to exceed the taxable value or tax payable in respect of such supply, or where the goods supplied are returned by the recipient, or where goods or services or both supplied are found to be deficient, the registered person, who has supplied such goods or services or both, may issue to the recipient a credit note containing such particulars as may be prescribed. (2) Any registered person who issues a credit note in relation to a supply of goods or services or both shall declare the details of such credit note in the return for the month during which such credit note has been issued but not later than September following the end of the financial year in which such supply was made, or the date of furnishing of the relevant annual return, whichever is earlier, and the tax liability shall be adjusted in such manner as may be prescribed: Provided that no reduction in output tax liability of the supplier shall be permitted, if the incidence of tax and interest on such supply has been passed on to any other person. (3) Where a tax invoice has been issued for supply of any goods or services or both and the taxable value or tax charged in that tax invoice is found to be less than the taxable value or tax payable in respect of such supply, the registered person, who has supplied such goods or services or both, shall issue to the recipient a debit note containing such particulars as may be prescribed. (4) Any registered person who issues a debit note in relation to a supply of goods or services or both shall declare the details of such debit note in the return for the month during which such debit note has been issued and the tax liability shall be adjusted in such manner as may be prescribed. Explanation. - For the purposes of this Act, the expression "debit note" shall include a supplementary invoice. Chapter VIII Accounts and Records -------------------------------------- ### 35. Accounts and other records. (1) Every registered person shall keep and maintain, at his principal place of business, as mentioned in the certificate of registration, a true and correct account of- (a) production or manufacture of goods; (b) inward and outward supply of goods or services or both; (c) stock of goods; (d) input tax credit availed; (e) output tax payable and paid; and (f) such other particulars as may be prescribed: Provided that where more than one place of business is specified in the certificate of registration, the accounts relating to each place of business shall be kept at such places of business: Provided further that the registered person may keep and maintain such accounts and other particulars in electronic form in such manner as may be prescribed. (2) Every owner or operator of warehouse or godown or any other place used for storage of goods and every transporter, irrespective of whether he is a registered person or not, shall maintain records of the consigner, consignee and other relevant details of the goods in such manner as may be prescribed. (3) The Commissioner may notify a class of taxable persons to maintain additional accounts or documents for such purpose as may be specified therein. (4) Where the Commissioner considers that any class of taxable persons is not in a position to keep and maintain accounts in accordance with the provisions of this section, he may, for reasons to be recorded in writing, permit such class of taxable persons to maintain accounts in such manner as may be prescribed. (5) Every registered person whose turnover during a financial year exceeds the prescribed limit shall get his accounts audited by a chartered accountant or a cost accountant and shall submit a copy of the audited annual accounts, the reconciliation statement under sub-section (2) of section 44 and such other documents in such form and manner as may be prescribed. (6) Subject to the provisions of clause (h) of subsection (5) of section 17, where the registered person fails to account for the goods or services or both in accordance with the provisions of sub-section (1), the proper officer shall determine the amount of tax payable on the goods or services or both that are not accounted for, as if such goods or services or both had been supplied by such person and the provisions of section 73 or section74, as the case may be, shall, mutatis mutandis, apply for determination of such tax. ### 36. Period of retention of accounts. - Every registered person required to keep and maintain books of account or other records in accordance with the provisions of sub-section (1) of section 35 shall retain them until the expiry of seventy two months from the due date of furnishing of annual return for the year pertaining to such accounts and records: Provided that a registered person, who is a party to an appeal or revision or any other proceedings before any Appellate Authority or Revisional Authority or Appellate Tribunal or court, whether filed by him or by the Commissioner, or is under investigation for an offence under Chapter XIX, shall retain the books of account and other records pertaining to the subject matter of such appeal or revision or proceedings or investigation for a period of one year after final disposal of such appeal or revision or proceedings or investigation, or for the period specified above, whichever is later. Chapter IX Returns ----------------------- ### 37. Furnishing details of outward supplies. (1) Every registered person, other than an Input Service Distributor, a non-resident taxable person and a person paying tax under the provisions of section 10 or section 51 or section 52, shall furnish, electronically, in such form and manner as may be prescribed, the details of outward supplies of goods or services or both effected during a tax period on or before the tenth day of the month succeeding the said tax period and such details shall be communicated to the recipient of the said supplies within such time and in such manner as may be prescribed: Provided that the registered person shall not be allowed to furnish the details of outward supplies during the period from the eleventh day to the fifteenth day of the month succeeding the tax period: Provided further that the Commissioner may, for reasons to be recorded in writing, by notification, extend the time limit for furnishing such details for such class of taxable persons as may be specified therein: Provided also that any extension of time limit notified by the Commissioner of central tax shall be deemed to be notified by the Commissioner. (2) Every registered person who has been communicated the details under sub-section (3) of section 38 or the details pertaining to inward supplies of Input Service Distributor under sub-section (4) of section 38, shall either accept or reject the details so communicated, on or before the seventeenth day, but not before the fifteenth day, of the month succeeding the tax period and the details furnished by him under sub-section (1) shall stand amended accordingly. (3) Any registered person, who has furnished the details under sub-section (1) for any tax period and which have remained unmatched under section 42 or section 43, shall, upon discovery of any error or omission therein, rectify such error or omission in such manner as may be prescribed, and shall pay the tax and interest, if any, in case there is a short payment of tax on account of such error or omission, in the return to be furnished for such tax period: Provided that no rectification of error or omission in respect of the details furnished under sub-section (1) shall be allowed after furnishing of the return under section 39 for the month of September following the end of the financial year to which such details pertain, or furnishing of the relevant annual return, whichever is earlier. Explanation. - For the purposes of this Chapter, the expression "details of outward supplies" shall include details of invoices, debit notes, credit notes and revised invoices issued in relation to outward supplies made during any tax period. ### 38. Furnishing details of inward supplies. (1) Every registered person, other than an Input Service Distributor or a non-resident taxable person or a person paying tax under the provisions of section 10 or section 51 or section 52, shall verify, validate, modify or delete, if required, the details relating to outward supplies and credit or debit notes communicated under sub-section (1) of section 37 to prepare the details of his inward supplies and credit or debit notes and may include therein, the details of inward supplies and credit or debit notes received by him in respect of such supplies that have not been declared by the supplier under sub-section (1) of section 37. (2) Every registered person, other than an Input Service Distributor or a non-resident taxable person or a person paying tax under the provisions of section 10 or section 51 or section 52, shall furnish, electronically, the details of inward supplies of taxable goods or services or both, including inward supplies of goods or services or both on which the tax is payable on reverse charge basis under this Act and inward supplies of goods or services or both taxable under the Integrated Goods and Services Tax Act or on which integrated goods and services tax is payable under section 3 of the Customs Tariff Act, 1975, and credit or debit notes received in respect of such supplies during a tax period after the tenth day but on or before the fifteenth day of the month succeeding the tax period in such form and manner as may be prescribed: Provided that the Commissioner may, for reasons to be recorded in writing, by notification, extend the time limit for furnishing such details for such class of taxable persons as may be specified therein: Provided further that any extension of time limit notified by the Commissioner of central tax shall be deemed to be notified by the Commissioner. (3) The details of supplies modified, deleted or included by the recipient and furnished under subsection (2) shall be communicated to the supplier concerned in such manner and within such time as may be prescribed. (4) The details of supplies modified, deleted or included by the recipient in the return furnished under sub-section (2) or sub-section (4) of section 39 shall be communicated to the supplier concerned in such manner and within such time as may be prescribed. (5) Any registered person, who has furnished the details under sub-section (2) for any tax period and which have remained unmatched under section 42 or section 43, shall, upon discovery of any error or omission therein, rectify such error or omission in the tax period during which such error or omission is noticed in such manner as may be prescribed, and shall pay the tax and interest, if any, in case there is a short payment of tax on account of such error or omission, in the return to be furnished for such tax period: Provided that no rectification of error or omission in respect of the details furnished under subsection (2) shall be allowed after furnishing of the return under section 39 for the month of September following the end of the financial year to which such details pertain, or furnishing of the relevant annual return, whichever is earlier. ### 39. Furnishing of returns. (1) Every registered person, other than an Input Service Distributor or a non-resident taxable person or a person paying tax under the provisions of section 10 or section 51 or section 52 shall, for every calendar month or part thereof, furnish, in such form and manner as may be prescribed, a return, electronically, of inward and outward supplies of goods or services or both, input tax credit availed, tax payable, tax paid and such other particulars as may be prescribed on or before the twentieth day of the month succeeding such calendar month or part thereof. (2) A registered person paying tax under the provisions of section 10 shall, for each quarter or part thereof, furnish, in such form and manner as may be prescribed, a return, electronically, of turnover in the State, inward supplies of goods or services or both, tax payable and tax paid within eighteen days after the end of such quarter. (3) Every registered person required to deduct tax at source under the provisions of section 51 shall furnish, in such form and manner as may be prescribed, a return, electronically, for the month in which such deductions have been made within ten days after the end of such month. (4) Every taxable person registered as an Input Service Distributor shall, for every calendar month or part thereof, furnish, in such form and manner as may be prescribed, a return, electronically, within thirteen days after the end of such month. (5) Every registered non-resident taxable person shall, for every calendar month or part thereof, furnish, in such form and manner as may be prescribed, a return, electronically, within twenty days after the end of a calendar month or within seven days after the last day of the period of registration specified under subsection (1) of section 27, whichever is earlier. (6) The Commissioner may, for reasons to be recorded in writing, by notification, extend the time limit for furnishing the returns under this section for such class of registered persons as may be specified therein: Provided that any extension of time limit notified by the Commissioner of central tax shall be deemed to be notified by the Commissioner. (7) Every registered person, who is required to furnish a return under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (5), shall pay to the Government the tax due as per such return not later than the last date on which he is required to furnish such return. (8) Every registered person who is required to furnish a return under sub-section (1) or sub-section (2) shall furnish a return for every tax period whether or not any supplies of goods or services or both have been made during such tax period. (9) Subject to the provisions of sections 37 and 38, if any registered person after furnishing a return under sub-section (1) or sub-section (2) or subsection (3) or sub-section (4) or sub-section (5) discovers any omission or incorrect particulars therein, other than as a result of scrutiny, audit, inspection or enforcement activity by the tax authorities, he shall rectify such omission or incorrect particulars in the return to be furnished for the month or quarter during which such omission or incorrect particulars are noticed, subject to payment of interest under this Act: Provided that no such rectification of any omission or incorrect particulars shall be allowed after the due date for furnishing of return for the month of September or second quarter following the end of the financial year, or the actual date of furnishing of relevant annual return, whichever is earlier. (10) A registered person shall not be allowed to furnish a return for a tax period if the return for any of the previous tax periods has not been furnished by him. ### 40. First return. - Every registered person who has made outward supplies in the period between the date on which he became liable to registration till the date on which registration has been granted shall declare the same in the first return furnished by him after grant of registration. ### 41. Claim of input tax credit and provisional acceptance thereof. (1) Every registered person shall, subject to such conditions and restrictions as may be prescribed, be entitled to take the credit of eligible input tax, as self-assessed, in his return and such amount shall be credited on a provisional basis to his electronic credit ledger. (2) The credit referred to in sub-section (1) shall be utilised only for payment of self-assessed output tax as per the return referred to in the said sub-section. ### 42. Matching, reversal and reclaim of input tax credit. (1) The details of every inward supply furnished by a registered person (hereafter in this section referred to as the "recipient") for a tax period shall, in such manner and within such time as may be prescribed, be matched - (a) with the corresponding details of outward supply furnished by the corresponding registered person (hereafter in this section referred to as the "supplier") in his valid return for the same tax period or any preceding tax period; (b) with the integrated goods and services tax paid under sect ion 3 of the Customs Tar i Act, 1975 in respect of goods imported by him; and (c) for duplication of claims of input tax credit. (2) The claim of input tax credit in respect of invoices or debit notes relating to inward supply that match with the details of corresponding outward supply or with the integrated goods and services tax paid under section 3 of the Customs Tariff Act, 1975 in respect of goods imported by him shall be finally accepted and such acceptance shall be communicated, in such manner as may be prescribed, to the recipient. (3) Where the input tax credit claimed by a recipient in respect of an inward supply is in excess of the tax declared by the supplier for the same supply or the outward supply is not declared by the supplier in his valid returns, the discrepancy shall be communicated to both such persons in such manner as may be prescribed. (4) The duplication of claims of input tax credit shall be communicated to the recipient in such manner as may be prescribed. (5) The amount in respect of which any discrepancy is communicated under sub-section (3) and which is not rectified by the supplier in his valid return for the month in which discrepancy is communicated shall be added to the output tax liability of the recipient, in such manner as may be prescribed, in his return for the month succeeding the month in which the discrepancy is communicated. (6) The amount claimed as input tax credit that is found to be in excess on account of duplication of claims shall be added to the output tax liability of the recipient in his return for the month in which the duplication is communicated. (7) The recipient shall be eligible to reduce, from his output tax liability, the amount added under subsection (5), if the supplier declares the details of the invoice or debit note in his valid return within the time specified in sub-section (9) of section 39. (8) A recipient in whose output tax liability any amount has been added under sub-section (5) or subsection (6), shall be liable to pay interest at the rate specified under sub-section (1) of section 50 on the amount so added from the date of availing of credit till the corresponding additions are made under the said sub-sections. (9) Where any reduction in output tax liability is accepted under sub-section (7), the interest paid under sub-section (8) shall be refunded to the recipient by crediting the amount in the corresponding head of his electronic cash ledger in such manner as may be prescribed: Provided that the amount of interest to be credited in any case shall not exceed the amount of interest paid by the supplier. (10) The amount reduced from the output tax liability in contravention of the provisions of subsection (7) shall be added to the output tax liability of the recipient in his return for the month in which such contravention takes place and such recipient shall be liable to pay interest on the amount so added at the rate specified in sub-section (3) of section 50. ### 43. Matching, reversal and reclaim of reduction in output tax liability. (1) The details of every credit note relating to outward supply furnished by a registered person (hereafter in this section referred to as the "supplier") for a tax period shall, in such manner and within such time as may be prescribed, be matched - (a) with the corresponding reduction in the claim for input tax credit by the corresponding registered person (hereafter in this section referred to as the "recipient") in his valid return for the same tax period or any subsequent tax period; and (b) for duplication of claims for reduction in output tax liability. (2) The claim for reduction in output tax liability by the supplier that matches with the corresponding reduction in the claim for input tax credit by the recipient shall be finally accepted and communicated, in such manner as may be prescribed, to the supplier. (3) Where the reduction of output tax liability in respect of outward supplies exceeds the corresponding reduction in the claim for input tax credit or the corresponding credit note is not declared by the recipient in his valid returns, the discrepancy shall be communicated to both such persons in such manner as may be prescribed. (4) The duplication of claims for reduction in output tax liability shall be communicated to the supplier in such manner as may be prescribed. (5) The amount in respect of which any discrepancy is communicated under sub-section (3) and which is not rectified by the recipient in his valid return for the month in which discrepancy is communicated shall be added to the output tax liability of the supplier, in such manner as may be prescribed, in his return for the month succeeding the month in which the discrepancy is communicated. (6) The amount in respect of any reduction in output tax liability that is found to be on account of duplication of claims shall be added to the output tax liability of the supplier in his return for the month in which such duplication is communicated. (7) The supplier shall be eligible to reduce, from his output tax liability, the amount added under subsection (5) if the recipient declares the details of the credit note in his valid return within the time specified in sub-section (9) of section 39. (8) A supplier in whose output tax liability any amount has been added under sub-section (5) or subsection (6), shall be liable to pay interest at the rate specified under sub-section (1) of section 50 in respect of the amount so added from the date of such claim for reduction in the output tax liability till the corresponding additions are made under the said subsections. (9) Where any reduction in output tax liability is accepted under sub-section (7), the interest paid under sub-section (8) shall be refunded to the supplier by crediting the amount in the corresponding head of his electronic cash ledger in such manner as may be prescribed: Provided that the amount of interest to be credited in any case shall not exceed the amount of interest paid by the recipient. (10) The amount reduced from output tax liability in contravention of the provisions of sub-section (7) shall be added to the output tax liability of the supplier in his return for the month in which such contravention takes place and such supplier shall be liable to pay interest on the amount so added at the rate specified in sub-section (3) of section 50. ### 44. Annual return. (1) Every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a nonresident taxable person, shall furnish an annual return for every financial year electronically in such form and manner as may be prescribed on or before the thirtyfirst day of December following the end of such financial year. (2) Every registered person who is required to get his accounts audited in accordance with the provisions of sub-section (5) of section 35 shall furnish, electronically, the annual return under subsection (1) along with a copy of the audited annual accounts and a reconciliation statement, reconciling the value of supplies declared in the return furnished for the financial year with the audited annual financial statement, and such other particulars as may be prescribed. ### 45. Final return. - Every registered person who is required to furnish a return under sub-section (1) of section 39 and whose registration has been cancelled shall furnish a final return within three months of the date of cancellation or date of order of cancellation, whichever is later, in such form and manner as may be prescribed. ### 46. Notice to return defaulters. - Where a registered person fails to furnish a return under section 39 or section 44 or section 45, a notice shall be issued requiring him to furnish such return within fifteen days in such form and manner as may be prescribed. ### 47. Levy of late fee. (1) Any registered person who fails to furnish the details of outward or inward supplies required under section 37 or section 38 or returns required under section 39 or section 45 by the due date shall pay a late fee of one hundred rupees for every day during which such failure continues subject to a maximum amount of five thousand rupees. (2) Any registered person who fails to furnish the return required under section 44 by the due date shall be liable to pay a late fee of one hundred rupees for every day during which such failure continues subject to a maximum of an amount calculated at a quarter per cent. of his turnover in the State. ### 48. Goods and services tax practitioners. (1) The manner of approval of goods and services tax practitioners, their eligibility conditions, duties and obligations, manner of removal and other conditions relevant for their functioning shall be such as may be prescribed. (2) A registered person may authorise an approved goods and services tax practitioner to furnish the details of outward supplies under section 37, the details of inward supplies under section 38 and the return under section 39 or section 44 or section 45 in such manner as may be prescribed. (3) Notwithstanding anything contained in subsection (2), the responsibility for correctness of any particulars furnished in the return or other details filed by the goods and services tax practitioners shall continue to rest with the registered person on whose behalf such return and details are furnished. Chapter X Payment of Tax ----------------------------- ### 49. Payment of tax, interest, penalty and other amounts. (1) Every deposit made towards tax, interest, penalty, fee or any other amount by a person by internet banking or by using credit or debit cards or National Electronic Fund Transfer or Real Time Gross Settlement or by such other mode and subject to such conditions and restrictions as may be prescribed, shall be credited to the electronic cash ledger of such person to be maintained in such manner as may be prescribed. (2) The input tax credit as self-assessed in the return of a registered person shall be credited to his electronic credit ledger, in accordance with section 41, to be maintained in such manner as may be prescribed. (3) The amount available in the electronic cash ledger may be used for making any payment towards tax, interest, penalty, fees or any other amount payable under the provisions of this Act or the rules made thereunder in such manner and subject to such conditions and within such time as may be prescribed. (4) The amount available in the electronic credit ledger may be used for making any payment towards output tax under this Act or under the Integrated Goods and Services Tax Act in such manner and subject to such conditions and within such time as may be prescribed. (5) The amount of input tax credit available in the electronic credit ledger of the registered person on account of - (a) integrated tax shall first be utilised towards payment of integrated tax and the amount remaining, if any, may be utilised towards the payment of central tax and State tax, or as the case may be, Union territory tax, in that order; (b) the central tax shall first be utilised towards payment of central tax and the amount remaining, if any, may be utilised towards the payment of integrated tax; (c) the State tax shall first be utilised towards payment of State tax and the amount remaining, if any, may be utilised towards the payment of integrated tax; (d) the Union territory tax shall first be utilised towards payment of Union territory tax and the amount remaining, if any, may be utilised towards the payment of integrated tax; (e) the central tax shall not be utilised towards payment of State tax or Union territory tax; and (f) the State tax or Union territory tax shall not be utilised towards payment of central tax. (6) The balance in the electronic cash ledger or electronic credit ledger after payment of tax, interest, penalty, fee or any other amount payable under this Act or the rules made thereunder may be refunded in accordance with the provisions of section 54. (7) All liabilities of a taxable person under this Act shall be recorded and maintained in an electronic liability register in such manner as may be prescribed. (8) Every taxable person shall discharge his tax and other dues under this Act or the rules made thereunder in the following order, namely: - (a) self-assessed tax, and other dues related to returns of previous tax periods; (b) self-assessed tax, and other dues related to the return of the current tax period; (c) any other amount payable under this Act or the rules made thereunder including the demand determined under section 73 or section 74. (9) Every person who has paid the tax on goods or services or both under this Act shall, unless the contrary is proved by him, be deemed to have passed on the full incidence of such tax to the recipient of such goods or services or both. Explanation. - For the purposes of this section, (a) the date of credit to the account of the Government in the authorised bank shall be deemed to be the date of deposit in the electronic cash ledger; (b) the expression,- (i) "tax dues" means the tax payable under this Act and does not include interest, fee and penalty; and (ii) "other dues" means interest, penalty, fee or any other amount payable under this Act or the rules made thereunder. ### 50. Interest on delayed payment of tax. (1) Every person who is liable to pay tax in accordance with the provisions of this Act or the rules made thereunder, but fails to pay the tax or any part thereof to the Government within the period prescribed, shall for the period for which the tax or any part thereof remains unpaid, pay, on his own, interest at such rate, not exceeding eighteen per cent., as may be notified by the Government on the recommendations of the Council. (2) The interest under sub-section (1) shall be calculated, in such manner as may be prescribed, from the day succeeding the day on which such tax was due to be paid. (3) A taxable person who makes an undue or excess claim of input tax credit under sub-section (10) of section 42 or undue or excess reduction in output tax liability under sub-section (10) of section 43, shall pay interest on such undue or excess claim or on such undue or excess reduction, as the case may be, at such rate not exceeding twenty-four per cent., as may be notified by the Government on the recommendations of the Council. ### 51. Tax deduction at source. (1) Notwithstanding anything to the contrary contained in this Act, the Government may mandate,- (a) a department or establishment of the Central Government or State Government; or (b) local authority; or (c) Governmental agencies; or (d) such persons or category of persons as may be notified by the Government on the recommendations of the Council, (hereafter in this section referred to as "the deductor"), to deduct tax at the rate of one per cent. from the payment made or credited to the supplier (hereafter in this section referred to as "the deductee") of taxable goods or services or both, where the total value of such supply, under a contract, exceeds two lakh and fifty thousand rupees: Provided that no deduction shall be made if the location of the supplier and the place of supply is in a State or Union territory which is different from the State or, as the case may be, Union territory of registration of the recipient. Explanation. - For the purpose of deduction of tax specified above, the value of supply shall be taken as the amount excluding the central tax, State tax, integrated tax and cess indicated in the invoice. (2) The amount deducted as tax under this section shall be paid to the Government by the deductor within ten days after the end of the month in which such deduction is made, in such manner as may be prescribed. (3) The deductor shall furnish to the deductee a certificate mentioning therein the contract value, rate of deduction, amount deducted, amount paid to the Government and such other particulars in such manner as may be prescribed. (4) If any deductor fails to furnish to the deductee the certificate, after deducting the tax at source, within five days of crediting the amount so deducted to the Government, the deductor shall pay, by way of a late fee, a sum of one hundred rupees per day from the day after the expiry of such five day period until the failure is rectified, subject to a maximum amount of five thousand rupees. (5) The deductee shall claim credit, in his electronic cash ledger, of the tax deducted and reflected in the return of the deductor furnished under sub-section (3) of section 39, in such manner as may be prescribed. (6) If any deductor fails to pay to the Government the amount deducted as tax under sub-section (1), he shall pay interest in accordance with the provisions of sub-section (1) of section 50, in addition to the amount of tax deducted. (7) The determination of the amount in default under this section shall be made in the manner specified in section 73 or section 74. (8) The refund to the deductor or the deductee arising on account of excess or erroneous deduction shall be dealt with in accordance with the provisions of section 54: Provided that no refund to the deductor shall be granted, if the amount deducted has been credited to the electronic cash ledger of the deductee. ### 52. Collection of tax at source. (1) Notwithstanding anything to the contrary contained in this Act, every electronic commerce operator (hereafter in this section referred to as the "operator"), not being an agent, shall collect an amount calculated at such rate not exceeding one per cent., as may be notified by the Government on the recommendations of the Council, of the net value of taxable supplies made through it by other suppliers where the consideration with respect to such supplies is to be collected by the operator. Explanation. - For the purposes of this sub-section, the expression "net value of taxable supplies" shall mean the aggregate value of taxable supplies of goods or services or both, other than services notified under sub-section (5) of section 9, made during any month by all registered persons through the operator reduced by the aggregate value of taxable supplies returned to the suppliers during the said month. (2) The power to collect the amount specified in sub-section (1) shall be without prejudice to any other mode of recovery from the operator. (3) The amount collected under sub-section (1) shall be paid to the Government by the operator within ten days after the end of the month in which such collection is made, in such manner as may be prescribed. (4) Every operator who collects the amount specified in sub-section (1) shall furnish a statement, electronically, containing the details of outward supplies of goods or services or both effected through it, including the supplies of goods or services or both returned through it, and the amount collected under sub-section (1) during a month, in such form and manner as may be prescribed, within ten days after the end of such month. (5) Every operator who collects the amount specified in sub-section (1) shall furnish an annual statement, electronically, containing the details of outward supplies of goods or services or both effected through it, including the supplies of goods or services or both returned through it, and the amount collected under the said sub-section during the financial year, in such form and manner as may be prescribed, before the thirty first day of December following the end of such financial year. (6) If any operator after furnishing a statement under sub-section (4) discovers any omission or incorrect particulars therein, other than as a result of scrutiny, audit, inspection or enforcement activity by the tax authorities, he shall rectify such omission or incorrect particulars in the statement to be furnished for the month during which such omission or incorrect particulars are noticed, subject to payment of interest, as specified in sub-section (1) of section 50: Provided that no such rectification of any omission or incorrect particulars shall be allowed after the due date for furnishing of statement for the month of September following the end of the financial year or the actual date of furnishing of the relevant annual statement, whichever is earlier. (7) The supplier who has supplied the goods or services or both through the operator shall claim credit, in his electronic cash ledger, of the amount collected and reflected in the statement of the operator furnished under sub-section (4), in such manner as may be prescribed. (8) The details of supplies furnished by every operator under sub-section (4) shall be matched with the corresponding details of outward supplies furnished by the concerned supplier registered under this Act in such manner and within such time as may be prescribed. (9) Where the details of outward supplies furnished by the operator under sub-section (4) do not match with the corresponding details furnished by the supplier under section 37, the discrepancy shall be communicated to both persons in such manner and within such time as may be prescribed. (10) The amount in respect of which any discrepancy is communicated under sub-section (9) and which is not rectified by the supplier in his valid return or the operator in his statement for the month in which discrepancy is communicated, shall be added to the output tax liability of the said supplier, where the value of outward supplies furnished by the operator is more than the value of outward supplies furnished by the supplier, in his return for the month succeeding the month in which the discrepancy is communicated in such manner as may be prescribed. (11) The concerned supplier, in whose output tax liability any amount has been added under sub-section (10), shall pay the tax payable in respect of such supply along with interest, at the rate specified under sub-section (1) of section 50 on the amount so added from the date such tax was due till the date of its payment. (12) Any authority not below the rank of Deputy Commissioner may serve a notice, either before or during the course of any proceedings under this Act, requiring the operator to furnish such details relating to - (a) supplies of goods or services or both effected through such operator during any period; or (b) stock of goods held by the suppliers making supplies through such operator in the godowns or warehouses, by whatever name called, managed by such operator and declared as additional places of business by such suppliers, as may be specified in the notice. (13) Every operator on whom a notice has been served under sub-section (12) shall furnish the required information within fifteen working days of the date of service of such notice. (14) Any person who fails to furnish the information required by the notice served under subsection (12) shall, without prejudice to any action that may be taken under section 122, be liable to a penalty which may extend to twenty-five thousand rupees. Explanation. - For the purposes of this section, the expression "concerned supplier" shall mean the supplier of goods or services or both making supplies through the operator. ### 53. Transfer of input tax credit. - On utilisation of input tax credit availed under this Act for payment of tax dues under the Integrated Goods and Services Tax Act in accordance with the provisions of sub-section (5) of section 49, as reflected in the valid return furnished under sub-section (1) of section 39, the amount collected as State tax shall stand reduced by an amount equal to such credit so utilised and the State Government shall transfer an amount equal to the amount so reduced from the State tax account to the integrated tax account in such manner and within such time as may be prescribed. Chapter Xi Refunds ----------------------- ### 54. Refund of tax. (1) Any person claiming refund of any tax and interest, if any, paid on such tax or any other amount paid by him, may make an application before the expiry of two years from the relevant date in such form and manner as may be prescribed: Provided that a registered person, claiming refund of any balance in the electronic cash ledger in accordance with the provisions of sub-section (6) of section 49, may claim such refund in the return furnished under section 39 in such manner as may be prescribed. (2) A specialized agency of the United Nations Organization or any Multilateral Financial Institution and Organization notified under the United Nations (Privileges and Immunities) Act, 1947, Consulate or Embassy of foreign countries or any other person or class of persons, as notified under section 55, entitled to a refund of tax paid by it on inward supplies of goods or services or both, may make an application for such refund, in such form and manner as may be prescribed, before the expiry of six months from the last day of the quarter in which such supply was received. (3) Subject to the provisions of sub-section (10), a registered person may claim refund of any unutilised input tax credit at the end of any tax period: Provided that no refund of unutilised input tax credit shall be allowed in cases other than- (i) zero-rated supplies made without payment of tax; (ii) where the credit has accumulated on account of rate of tax on inputs being higher than the rate of tax on output supplies (other than nil rated or fully exempt supplies), except supplies of goods or services or both as may be notified by the Government on the recommendations of the Council: Provided further that no refund of unutilised input tax credit shall be allowed in cases where the goods exported out of India are subjected to export duty: Provided also that no refund of input tax credit shall be allowed, if the supplier of goods or services or both claims refund of the integrated tax paid on such supplies. (4) The application shall be accompanied by - (a) such documentary evidence as may be prescribed to establish that a refund is due to the applicant; and (b) such documentary or other evidence (including the documents referred to in section 33) as the applicant may furnish to establish that the amount of tax and interest, if any, paid on such tax or any other amount paid in relation to which such refund is claimed was collected from, or paid by, him and the incidence of such tax and interest had not been passed on to any other person: Provided that where the amount claimed as refund is less than two lakh rupees, it shall not be necessary for the applicant to furnish any documentary and other evidences but he may file a declaration, based on the documentary or other evidences available with him, certifying that the incidence of such tax and interest had not been passed on to any other person. (5) If, on receipt of any such application, the proper officer is satisfied that the whole or part of the amount claimed as refund is refundable, he may make an order accordingly and the amount so determined shall be credited to the Fund referred to in section 57. (6) Notwithstanding anything contained in subsection (5), the proper officer may, in the case of any claim for refund on account of zero-rated supply of goods or services or both made by registered persons, other than such category of registered persons as may be notified by the Government on the recommendations of the Council, refund on a provisional basis, ninety per cent. of the total amount so claimed, excluding the amount of input tax credit provisionally accepted, in such manner and subject to such conditions, limitations and safeguards as may be prescribed and thereafter make an order under sub-section (5) for final settlement of the refund claim after due verification of documents furnished by the applicant. (7) The proper officer shall issue the order under sub-section (5) within sixty days from the date of receipt of application complete in all respects. (8) Notwithstanding anything contained in subsection (5), the refundable amount shall, instead of being credited to the Fund, be paid to the applicant, if such amount is relatable to - (a) refund of tax paid on zero-rated supplies of goods or services or both or on inputs or input services used in making such zero-rated supplies; (b) refund of unutilised input tax credit under sub-section (3); (c) refund of tax paid on a supply which is not provided, either wholly or partially, and for which invoice has not been issued, or where a refund voucher has been issued; (d) refund of tax in pursuance of section 77; (e) the tax and interest, if any, or any other amount paid by the applicant, if he had not passed on the incidence of such tax and interest to any other person; or (f) the tax or interest borne by such other class of applicants as the Government may, on the recommendations of the Council, by notification, specify. (9) Notwithstanding anything to the contrary contained in any judgment, decree, order or direction of the Appellate Tribunal or any court or in any other provisions of this Act or the rules made thereunder or in any other law for the time being in force, no refund shall be made except in accordance with the provisions of sub-section (8). (10) Where any refund is due under sub-section (3) to a registered person who has defaulted in furnishing any return or who is required to pay any tax, interest or penalty, which has not been stayed by any court, Tribunal or Appellate Authority by the specified date, the proper officer may - (a) withhold payment of refund due until the said person has furnished the return or paid the tax, interest or penalty, as the case may be; (b) deduct from the refund due, any tax, interest, penalty, fee or any other amount which the taxable person is liable to pay but which remains unpaid under this Act or under the existing law. Explanation. - For the purposes of this subsection, the expression "specified date" shall mean the last date for filing an appeal under this Act. (11) Where an order giving rise to a refund is the subject matter of an appeal or further proceedings or where any other proceedings under this Act is pending and the Commissioner is of the opinion that grant of such refund is likely to adversely affect the revenue in the said appeal or other proceedings on account of malfeasance or fraud committed, he may, after giving the taxable person an opportunity of being heard, withhold the refund till such time as he may determine. (12) Where a refund is withheld under subsection (11), the taxable person shall, notwithstanding anything contained in section 56, be entitled to interest at such rate not exceeding six per cent. as may be notified on the recommendations of the Council, if as a result of the appeal or further proceedings he becomes entitled to refund. (13) Notwithstanding anything to the contrary contained in this section, the amount of advance tax deposited by a casual taxable person or a non-resident taxable person under sub-section (2) of section 27, shall not be refunded unless such person has, in respect of the entire period for which the certificate of registration granted to him had remained in force, furnished all the returns required under section 39. (14) Notwithstanding anything contained in this section, no refund under sub-section (5) or sub-section (6) shall be paid to an applicant, if the amount is less than one thousand rupees. Explanation. - For the purposes of this section, - (1) "refund" includes refund of tax paid on zero-rated supplies of goods or services or both or on inputs or input services used in making such zero-rated supplies, or refund of tax on the supply of goods regarded as deemed exports, or refund of unutilised input tax credit as provided under sub-section (3). (2) "relevant date" means - (a) in the case of goods exported out of India where a refund of tax paid is available in respect of goods themselves or, as the case may be, the inputs or input services used in such goods, - (i) if the goods are exported by sea or air, the date on which the ship or the aircraft in which such goods are loaded, leaves India; or (ii) if the goods are exported by land, the date on which such goods pass the frontier; or (iii) if the goods are exported by post, the date of despatch of goods by the Post Office concerned to a place outside India; (b) in the case of supply of goods regarded as deemed exports where a refund of tax paid is available in respect of the goods, the date on which the return relating to such deemed exports is furnished; (c) in the case of services exported out of India where a refund of tax paid is available in respect of services themselves or, as the case may be, the inputs or input services used in such services, the date of - (i) receipt of payment in convertible foreign exchange, where the supply of services had been completed prior to the receipt of such payment; or (ii) issue of invoice, where payment for the services had been received in advance prior to the date of issue of the invoice; (d) in case where the tax becomes refundable as a consequence of judgment, decree, order or direction of the Appellate Authority, Appellate Tribunal or any court, the date of communication of such judgment, decree, order or direction; (e) in the case of refund of unutilised input tax credit under sub-section (3), the end of the financial year in which such claim for refund arises; (f) in the case where tax is paid provisionally under this Act or the rules made thereunder, the date of adjustment of tax after the final assessment thereof; (g) in the case of a person, other than the supplier, the date of receipt of goods or services or both by such person; and (h) in any other case, the date of payment of tax. ### 55. Refund in certain cases. - The Government may, on the recommendations of the Council, by notification, specify any specialized agency of the United Nations Organization or any Multilateral Financial Institution and Organization notified under the United Nations (Privileges and Immunities) Act, 1947, Consulate or Embassy of foreign countries and any other person or class of persons as may be specified in this behalf, who shall, subject to such conditions and restrictions as may be prescribed, be entitled to claim a refund of taxes paid on the notified supplies of goods or services or both received by them. ### 56. Interest on delayed refunds. - If any tax ordered to be refunded under sub-section (5) of section 54 to any applicant is not refunded within sixty days from the date of receipt of application under sub-section (1) of that section, interest at such rate not exceeding six per cent. as may be specified in the notification issued by the Government on the recommendations of the Council shall be payable in respect of such refund from the date immediately after the expiry of sixty days from the date of receipt of application under the said sub-section till the date of refund of such tax: Provided that where any claim of refund arises from an order passed by an adjudicating authority or Appellate Authority or Appellate Tribunal or court which has attained finality and the same is not refunded within sixty days from the date of receipt of application filed consequent to such order, interest at such rate not exceeding nine per cent. as may be notified by the Government on the recommendations of the Council shall be payable in respect of such refund from the date immediately after the expiry of sixty days from the date of receipt of application till the date of refund. Explanation. - For the purposes of this section, where any order of refund is made by an Appellate Authority, Appellate Tribunal or any court against an order of the proper officer under sub-section (5) of section 54, the order passed by the Appellate Authority, Appellate Tribunal or by the court shall be deemed to be an order passed under the said sub-section (5). ### 57. Consumer Welfare Fund. - The Government shall constitute a Fund, to be called the Consumer Welfare Fund and there shall be credited to the Fund, - (a) the amount referred to in sub-section (5) of section 54; (b) any income from investment of the amount credited to the Fund; and (c) such other monies received by it, in such manner as may be prescribed. ### 58. Utilisation of Fund. (1) All sums credited to the Fund shall be utilised by the Government for the welfare of the consumers in such manner as may be prescribed. (2) The Government or the authority specified by it shall maintain proper and separate account and other relevant records in relation to the Fund and prepare an annual statement of accounts in such form as may be prescribed in consultation with the Comptroller and Auditor General of India. Chapter XII ------------- Assessment ### 59. Self-assessment. - Every registered person shall self-assess the taxes payable under this Act and furnish a return for each tax period as specified under section 39. ### 60. Provisional assessment. (1) Subject to the provisions of sub-section (2), where the taxable person is unable to determine the value of goods or services or both or determine the rate of tax applicable thereto, he may request the proper officer in writing giving reasons for payment of tax on a provisional basis and the proper officer shall pass an order, within a period not later than ninety days from the date of receipt of such request, allowing payment of tax on provisional basis at such rate or on such value as may be specified by him. (2) The payment of tax on provisional basis may be allowed, if the taxable person executes a bond in such form as may be prescribed, and with such surety or security as the proper officer may deem fit, binding the taxable person for payment of the difference between the amount of tax as may be finally assessed and the amount of tax provisionally assessed. (3) The proper officer shall, within a period not exceeding six months from the date of the communication of the order issued under sub-section (1), pass the final assessment order after taking into account such information as may be required for finalizing the assessment: Provided that the period specified in this subsection may, on sufficient cause being shown and for reasons to be recorded in writing, be extended by the Joint Commissioner or Additional Commissioner for a further period not exceeding six months and by the Commissioner for such further period not exceeding four years. (4) The registered person shall be liable to pay interest on any tax payable on the supply of goods or services or both under provisional assessment but not paid on the due date specified under sub-section (7) of section 39 or the rules made thereunder, at the rate specified under sub-section (1) of section 50, from the first day after the due date of payment of tax in respect of the said supply of goods or services or both till the date of actual payment, whether such amount is paid before or after the issuance of order for final assessment. (5) Where the registered person is entitled to a refund consequent to the order of final assessment under sub-section (3), subject to the provisions of sub-section (8) of section 54, interest shall be paid on such refund as provided in section 56. ### 61. Scrutiny of returns. (1) The proper officer may scrutinize the return and related particulars furnished by the registered person to verify the correctness of the return and inform him of the discrepancies noticed, if any, in such manner as may be prescribed and seek his explanation thereto. (2) In case the explanation is found acceptable, the registered person shall be informed accordingly and no further action shall be taken in this regard. (3) In case no satisfactory explanation is furnished within a period of thirty days of being informed by the proper officer or such further period as may be permitted by him or where the registered person, after accepting the discrepancies, fails to take the corrective measure in his return for the month in which the discrepancy is accepted, the proper officer may initiate appropriate action including those under section 65 or section 66 or section 67, or proceed to determine the tax and other dues under section 73 or section 74. ### 62. Assessment of no-filers of returns. (1) Notwithstanding anything to the contrary contained in section 73 or section 74, where a registered person fails to furnish the return under section 39 or section 45, even after the service of a notice under section 46, the proper officer may proceed to assess the tax liability of the said person to the best of his judgement taking into account all the relevant material which is available or which he has gathered and issue an assessment order within a period of five years from the date specified under section 44 for furnishing of the annual return for the financial year to which the tax not paid relates. (2) Where the registered person furnishes a valid return within thirty days of the service of the assessment order under sub-section (1), the said assessment order shall be deemed to have been withdrawn but the liability for payment of interest under sub-section (1) of section 50 or for payment of late fee under section 47 shall continue. ### 63. Assessment of unregistered persons. - Notwithstanding anything to the contrary contained in section 73 or section 74, where a taxable person fails to obtain registration even though liable to do so or whose registration has been cancelled under sub-section (2) of section 29 but who was liable to pay tax, the proper officer may proceed to assess the tax liability of such taxable person to the best of his judgement for the relevant tax periods and issue an assessment order within a period of five years from the date specified under section 44 for furnishing of the annual return for the financial year to which the tax not paid relates: Provided that no such assessment order shall be passed without giving the person an opportunity of being heard. ### 64. Summary assessment in certain special cases. (1) The proper officer may, on any evidence showing a tax liability of a person coming to his notice, with the previous permission of Additional Commissioner or Joint Commissioner, proceed to assess the tax liability of such person to protect the interest of revenue and issue an assessment order, if he has sufficient grounds to believe that any delay in doing so may adversely affect the interest of revenue: Provided that where the taxable person to whom the liability pertains is not ascertainable and such liability pertains to supply of goods, the person in charge of such goods shall be deemed to be the taxable person liable to be assessed and liable to pay tax and any other amount due under this section. (2) On an application made by the taxable person within thirty days from the date of receipt of order passed under sub-section (1) or on his own motion, if the Additional Commissioner or Joint Commissioner considers that such order is erroneous, he may withdraw such order and follow the procedure laid down in section 73 or section 74. Chapter XIII Audit ----------------------- ### 65. Audit by tax authorities. (1) The Commissioner or any officer authorised by him, by way of a general or a specific order, may undertake audit of any registered person for such period, at such frequency and in such manner as may be prescribed. (2) The officers referred to in sub-section (1) may conduct audit at the place of business of the registered person or in their office. (3) The registered person shall be informed by way of a notice not less than fifteen working days prior to the conduct of audit in such manner as may be prescribed. (4) The audit under sub-section (1) shall be completed within a period of three months from the date of commencement of the audit: Provided that where the Commissioner is satisfied that audit in respect of such registered person cannot be completed within three months, he may, for the reasons to be recorded in writing, extend the period by a further period not exceeding six months. Explanation. - For the purposes of this subsection, the expression "commencement of audit" shall mean the date on which the records and other documents, called for by the tax authorities, are made available by the registered person or the actual institution of audit at the place of business, whichever is later. (5) During the course of audit, the authorised officer may require the registered person, - (i) to afford him the necessary facility to verify the books of account or other documents as he may require; (ii) to furnish such information as he may require and render assistance for timely completion of the audit. (6) On conclusion of audit, the proper officer shall, within thirty days, inform the registered person, whose records are audited, about the findings, his rights and obligations and the reasons for such findings. (7) Where the audit conducted under sub-section (1) results in detection of tax not paid or short paid or erroneously refunded, or input tax credit wrongly availed or utilised, the proper officer may initiate action under section 73 or section 74. ### 66. Special audit. (1) If at any stage of scrutiny, inquiry, investigation or any other proceedings before him, any officer not below the rank of Assistant Commissioner, having regard to the nature and complexity of the case and the interest of revenue, is of the opinion that the value has not been correctly declared or the credit availed is not within the normal limits, he may, with the prior approval of the Commissioner, direct such registered person by a communication in writing to get his records including books of account examined and audited by a chartered accountant or a cost accountant as may be nominated by the Commissioner. (2) The chartered accountant or cost accountant so nominated shall, within the period of ninety days, submit a report of such audit duly signed and certified by him to the said Assistant Commissioner mentioning therein such other particulars as may be specified: Provided that the Assistant Commissioner may, on an application made to him in this behalf by the registered person or the chartered accountant or cost accountant or for any material and sufficient reason, extend the said period by a further period of ninety days. (3) The provisions of sub-section (1) shall have effect notwithstanding that the accounts of the registered person have been audited under any other provisions of this Act or any other law for the time being in force. (4) The registered person shall be given an opportunity of being heard in respect of any material gathered on the basis of special audit under subsection (1) which is proposed to be used in any proceedings against him under this Act or the rules made thereunder. (5) The expenses of the examination and audit of records under sub-section (1), including the remuneration of such chartered accountant or cost accountant, shall be determined and paid by the Commissioner and such determination shall be final. (6) Where the special audit conducted under subsection (1) results in detection of tax not paid or short paid or erroneously refunded, or input tax credit wrongly availed or utilised, the proper officer may initiate action under section 73 or section 74. Chapter XIV Inspection, Search, Seizure and Arrest ------------------------------------------------------- ### 67. Power of inspection, search and seizure. (1) Where the proper officer, not below the rank of Joint Commissioner, has reasons to believe that - (a) a taxable person has suppressed any transaction relating to supply of goods or services or both or the stock of goods in hand, or has claimed input tax credit in excess of his entitlement under this Act or has indulged in contravention of any of the provisions of this Act or the rules made thereunder to evade tax under this Act; or (b) any person engaged in the business of transporting goods or an owner or operator of a warehouse or a godown or any other place is keeping goods which have escaped payment of tax or has kept his accounts or goods in such a manner as is likely to cause evasion of tax payable under this Act, he may authorise in writing any other officer of State tax to inspect any places of business of the taxable person or the persons engaged in the business of transporting goods or the owner or the operator of warehouse or godown or any other place. (2) Where the proper officer, not below the rank of Joint Commissioner, either pursuant to an inspection carried out under sub-section (1) or otherwise, has reasons to believe that any goods liable to confiscation or any documents or books or things, which in his opinion shall be useful for or relevant to any proceedings under this Act, are secreted in any place, he may authorise in writing any other officer of State tax to search and seize or may himself search and seize such goods, documents or books or things: Provided that where it is not practicable to seize any such goods, the proper officer, or any officer authorised by him, may serve on the owner or the custodian of the goods an order that he shall not remove, part with, or otherwise deal with the goods except with the previous permission of such officer: Provided further that the documents or books or things so seized shall be retained by such officer only for so long as may be necessary for their examination and for any inquiry or proceedings under this Act. (3) The documents, books or things referred to in sub-section (2) or any other documents, books or things produced by a taxable person or any other person, which have not been relied upon for the issue of notice under this Act or the rules made thereunder, shall be returned to such person within a period not exceeding thirty days of the issue of the said notice. (4) The officer authorised under sub-section (2) shall have the power to seal or break open the door of any premises or to break open any almirah, electronic devices, box, receptacle in which any goods, accounts, registers or documents of the person are suspected to be concealed, where access to such premises, almirah, electronic devices, box or receptacle is denied. (5) The person from whose custody any documents are seized under sub-section (2) shall be entitled to make copies thereof or take extracts therefrom in the presence of an authorised officer at such place and time as such officer may indicate in this behalf except where making such copies or taking such extracts may, in the opinion of the proper officer, prejudicially affect the investigation. (6) The goods so seized under sub-section (2) shall be released, on a provisional basis, upon execution of a bond and furnishing of a security, in such manner and of such quantum, respectively, as may be prescribed or on payment of applicable tax, interest and penalty payable, as the case may be. (7) Where any goods are seized under sub-section (2) and no notice in respect thereof is given within six months of the seizure of the goods, the goods shall be returned to the person from whose possession they were seized: Provided that the period of six months may, on sufficient cause being shown, be extended by the proper officer for a further period not exceeding six months. (8) The Government may, having regard to the perishable or hazardous nature of any goods, depreciation in the value of the goods with the passage of time, constraints of storage space for the goods or any other relevant considerations, by notification, specify the goods or class of goods which shall, as soon as may be after its seizure under sub-section (2), be disposed of by the proper officer in such manner as may be prescribed. (9) Where any goods, being goods specified under sub-section (8), have been seized by a proper officer, or any officer authorised by him under sub-section (2), he shall prepare an inventory of such goods in such manner as may be prescribed. (10) The provisions of the Code of Criminal Procedure, 1973, relating to search and seizure, shall, so far as may be, apply to search and seizure under this section subject to the modification that sub-section (5) of section 165 of the said Code shall have effect as if for the word "Magistrate", wherever it occurs, the word "Commissioner" were substituted. (11) Where the proper officer has reasons to believe that any person has evaded or is attempting to evade the payment of any tax, he may, for reasons to be recorded in writing, seize the accounts, registers or documents of such person produced before him and shall grant a receipt for the same, and shall retain the same for so long as may be necessary in connection with any proceedings under this Act or the rules made thereunder for prosecution. (12) The Commissioner or an officer authorised by him may cause purchase of any goods or services or both by any person authorised by him from the business premises of any taxable person, to check the issue of tax invoices or bills of supply by such taxable person, and on return of goods so purchased by such officer, such taxable person or any person in charge of the business premises shall refund the amount so paid towards the goods after cancelling any tax invoice or bill of supply issued earlier. ### 68. Inspection of goods in movement. (1) The Government may require the person in charge of a conveyance carrying any consignment of goods of value exceeding such amount as may be specified to carry with him such documents and such devices as may be prescribed. (2) The details of documents required to be carried under sub-section (1) shall be validated in such manner as may be prescribed. (3) Where any conveyance referred to in subsection (1) is intercepted by the proper officer at any place, he may require the person in charge of the said conveyance to produce the documents prescribed under the said sub-section and devices for verification, and the said person shall be liable to produce the documents and devices and also allow the inspection of goods. ### 69. Power to arrest. (1) Where the Commissioner has reasons to believe that a person has committed any offence specified in clause (a) or clause (b) or clause (c) or clause (d) of sub-section (1) of section 132 which is punishable under clause (i) or clause (ii) of sub-section (1), or sub-section (2) of the said section, he may, by order, authorise any officer of State tax to arrest such person. (2) Where a person is arrested under sub-section (1) for an offence specified under sub-section (5) of section 132, the officer authorised to arrest the person shall inform such person of the grounds of arrest and produce him before a Magistrate within twenty four hours. (3) Subject to the provisions of the Code of Criminal Procedure, 1973, - (a) where a person is arrested under sub-section (1) for any offence specified under sub-section (4) of section 132, he shall be admitted to bail or in default of bail, forwarded to the custody of the Magistrate; (b) in the case of a non-cognizable and bailable offence, the Deputy Commissioner or the Assistant Commissioner shall, for the purpose of releasing an arrested person on bail or otherwise, have the same powers and be subject to the same provisions as an officer-in-charge of a police station. ### 70. Power to summon persons to give evidence and produce documents. (1) The proper officer under this Act shall have power to summon any person whose attendance he considers necessary either to give evidence or to produce a document or any other thing in any inquiry in the same manner, as provided in the case of a civil court under the provisions of the Code of Civil Procedure, 1908. (2) Every such inquiry referred to in sub-section (1) shall be deemed to be a "judicial proceedings" within the meaning of section 193 and section 228 of the Indian Penal Code. ### 71. Access to business premises. (1) Any officer under this Act, authorised by the proper officer not below the rank of Joint Commissioner, shall have access to any place of business of a registered person to inspect books of account, documents, computers, computer programs, computer software whether installed in a computer or otherwise and such other things as he may require and which may be available at such place, for the purposes of carrying out any audit, scrutiny, verification and checks as may be necessary to safeguard the interest of revenue. (2) Every person in charge of place referred to in sub-section (1) shall, on demand, make available to the officer authorised under sub-section (1) or the audit party deputed by the proper officer or a cost accountant or chartered accountant nominated under section 66 - (i) such records as prepared or maintained by the registered person and declared to the proper officer in such manner as may be prescribed; (ii) trial balance or its equivalent; (iii) statements of annual financial accounts, duly audited, wherever required; (iv) cost audit report, if any, under section 148 of the Companies Act, 2013; (v) the income-tax audit report, if any, under section 44AB of the Income-tax Act, 1961; and (vi) any other relevant record, for the scrutiny by the officer or audit party or the chartered accountant or cost accountant within a period not exceeding fifteen working days from the day when such demand is made, or such further period as may be allowed by the said officer or the audit party or the chartered accountant or cost accountant. ### 72. Officers to assist proper officers. (1) All officers of Police, Railways, Customs, and those officers engaged in the collection of land revenue, including village officers, officers of central tax and officers of the Union territory tax shall assist the proper officers in the implementation of this Act. (2) The Government may, by notification, empower and require any other class of officers to assist the proper officers in the implementation of this Act when called upon to do so by the Commissioner. Chapter XV Demands and Recovery ------------------------------------ ### 73. Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason other than fraud or any wilfulmisstatement or suppression of facts. (1) Where it appears to the proper officer that any tax has not been paid or short paid or erroneously refunded, or where input tax credit has been wrongly availed or utilised for any reason, other than the reason of fraud or any wilful misstatement or suppression of facts to evade tax, he shall serve notice on the person chargeable with tax which has not been so paid or which has been so short paid or to whom the refund has erroneously been made, or who has wrongly availed or utilised input tax credit, requiring him to show cause as to why he should not pay the amount specified in the notice along with interest payable thereon under section 50 and a penalty leviable under the provisions of this Act or the rules made thereunder. (2) The proper officer shall issue the notice under sub-section (1) at least three months prior to the time limit specified in sub-section (10) for issuance of order. (3) Where a notice has been issued for any period under sub-section (1), the proper officer may serve a statement, containing the details of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for such periods other than those covered under sub-section (1), on the person chargeable with tax. (4) The service of such statement shall be deemed to be service of notice on such person under sub-section (1), subject to the condition that the grounds relied upon for such tax periods other than those covered under sub-section (1) are the same as are mentioned in the earlier notice. (5) The person chargeable with tax may, before service of notice under sub-section (1) or, as the case may be, the statement under sub-section (3), pay the amount of tax along with interest payable thereon under section 50 on the basis of his own ascertainment of such tax or the tax as ascertained by the proper officer and inform the proper officer in writing of such payment. (6) The proper officer, on receipt of such information, shall not serve any notice under subsection (1) or, as the case may be, the statement under sub-section (3), in respect of the tax so paid or any penalty payable under the provisions of this Act or the rules made thereunder. (7) Where the proper officer is of the opinion that the amount paid under sub-section (5) falls short of the amount actually payable, he shall proceed to issue the notice as provided for in sub-section (1) in respect of such amount which falls short of the amount actually payable. (8) Where any person chargeable with tax under sub-section (1) or sub-section (3) pays the said tax along with interest payable under section 50 within thirty days of issue of show cause notice, no penalty shall be payable and all proceedings in respect of the said notice shall be deemed to be concluded. (9) The proper officer shall, after considering the representation, if any, made by person chargeable with tax, determine the amount of tax, interest and a penalty equivalent to ten per cent. of tax or ten thousand rupees, whichever is higher, due from such person and issue an order. (10) The proper officer shall issue the order under sub-section (9) within three years from the due date for furnishing of annual return for the financial year to which the tax not paid or short paid or input tax credit wrongly availed or utilised relates to or within three years from the date of erroneous refund. (11) Notwithstanding anything contained in sub-section (6) or sub-section (8), penalty under sub-section (9) shall be payable where any amount of self-assessed tax or any amount collected as tax has not been paid within a period of thirty days from the due date of payment of such tax. ### 74. Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any wilful-misstatement or suppression of facts. (1) Where it appears to the proper officer that any tax has not been paid or short paid or erroneously refunded or where input tax credit has been wrongly availed or utilised by reason of fraud, or any wilful misstatement or suppression of facts to evade tax, he shall serve notice on the person chargeable with tax which has not been so paid or which has been so short paid or to whom the refund has erroneously been made, or who has wrongly availed or utilised input tax credit, requiring him to show cause as to why he should not pay the amount specified in the notice along with interest payable thereon under section 50 and a penalty equivalent to the tax specified in the notice. (2) The proper officer shall issue the notice under sub-section (1) at least six months prior to the time limit specified in sub-section (10) for issuance of order. (3) Where a notice has been issued for any period under sub-section (1), the proper officer may serve a statement, containing the details of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for such periods other than those covered under sub-section (1), on the person chargeable with tax. (4) The service of statement under sub-section (3) shall be deemed to b e service of not ice under sub-section (1) of section 73, subject to the condition that the grounds relied upon in the said statement, except the ground of fraud, or any wilful-misstatement or suppression of facts to evade tax, for periods other than those covered under sub-section (1) are the same as are mentioned in the earlier notice. (5) The person chargeable with tax may, before service of notice under sub-section (1), pay the amount of tax along with interest payable under section 50 and a penalty equivalent to fifteen per cent. of such tax on the basis of his own ascertainment of such tax or the tax as ascertained by the proper officer and inform the proper officer in writing of such payment. (6) The proper officer, on receipt of such information, shall not serve any notice under subsection (1), in respect of the tax so paid or any penalty payable under the provisions of this Act or the rules made thereunder. (7) Where the proper officer is of the opinion that the amount paid under sub-section (5) falls short of the amount actually payable, he shall proceed to issue the notice as provided for in sub-section (1) in respect of such amount which falls short of the amount actually payable. (8) Where any person chargeable with tax under sub-section (1) pays the said tax along with interest payable under section 50 and a penalty equivalent to twenty five per cent. of such tax within thirty days of issue of the notice, all proceedings in respect of the said notice shall be deemed to be concluded. (9) The proper officer shall, after considering the representation, if any, made by the person chargeable with tax, determine the amount of tax, interest and penalty due from such person and issue an order. (10) The proper officer shall issue the order under sub-section (9) within a period of five years from the due date for furnishing of annual return for the financial year to which the tax not paid or short paid or input tax credit wrongly availed or utilised relates to or within five years from the date of erroneous refund. (11) Where any person served with an order issued under sub-section (9) pays the tax along with interest payable thereon under section 50 and a penalty equivalent to fifty per cent. of such tax within thirty days of communication of the order, all proceedings in respect of the said notice shall be deemed to be concluded. Explanation 1. - For the purposes of section 73 and this section, - (i) the expression "all proceedings in respect of the said notice" shall not include proceedings under section 132; (ii) where the notice under the same proceedings is issued to the main person liable to pay tax and some other persons, and such proceedings against the main person have been concluded under section 73 or section 74, the proceedings against all the persons liable to pay penalty under sections 122, 125, 129 and 130 are deemed to be concluded. Explanation 2. - For the purposes of this Act, the expression "suppression" shall mean non-declaration of facts or information which a taxable person is required to declare in the return, statement, report or any other document furnished under this Act or the rules made thereunder, or failure to furnish any information on being asked for, in writing, by the proper officer. ### 75. General provisions relating to determination of tax. (1) Where the service of notice or issuance of order is stayed by an order of a court or Appellate Tribunal, the period of such stay shall be excluded in computing the period specified in sub-sections (2) and (10) of section 73 or sub-sections (2) and (10) of section 74, as the case may be. (2) Where any Appellate Authority or Appellate Tribunal or court concludes that the notice issued under sub-section (1) of section 74 is not sustainable for the reason that the charges of fraud or any wilful misstatement or suppression of facts to evade tax has not been established against the person to whom the notice was issued, the proper officer shall determine the tax payable by such person, deeming as if the notice were issued under sub-section (1) of section 73. (3) Where any order is required to be issued in pursuance of the direction of the Appellate Authority or Appellate Tribunal or a court, such order shall be issued within two years from the date of communication of the said direction. (4) An opportunity of hearing shall be granted where a request is received in writing from the person chargeable with tax or penalty, or where any adverse decision is contemplated against such person. (5) The proper officer shall, if sufficient cause is shown by the person chargeable with tax, grant time to the said person and adjourn the hearing for reasons to be recorded in writing: Provided that no such adjournment shall be granted for more than three times to a person during the proceedings. (6) The proper officer, in his order, shall set out the relevant facts and the basis of his decision. (7) The amount of tax, interest and penalty demanded in the order shall not be in excess of the amount specified in the notice and no demand shall be confirmed on the grounds other than the grounds specified in the notice. (8) Where the Appellate Authority or Appellate Tribunal or court modifies the amount of tax determined by the proper officer, the amount of interest and penalty shall stand modified accordingly, taking into account the amount of tax so modified. (9) The interest on the tax short paid or not paid shall be payable whether or not specified in the order determining the tax liability. (10) The adjudication proceedings shall be deemed to be concluded, if the order is not issued within three years as provided for in sub-section (10) of section 73 or within five years as provided for in sub-section (10) of section 74. (11) An issue on which the Appellate Authority or the Appellate Tribunal or the High Court has given its decision which is prejudicial to the interest of revenue in some other proceedings and an appeal to the Appellate Tribunal or the High Court or the Supreme Court against such decision of the Appellate Authority or the Appellate Tribunal or the High Court is pending, the period spent between the date of the decision of the Appellate Authority and that of the Appellate Tribunal or the date of decision of the Appellate Tribunal and that of the High Court or the date of the decision of the High Court and that of the Supreme Court shall be excluded in computing the period refer red to in sub-sect ion (10) of sect ion 73 or sub-section (10) of section 74 where proceedings are initiated by way of issue of a show cause notice under the said sections. (12) Notwithstanding anything contained in section 73 or section 74, where any amount of self-assessed tax in accordance with a return furnished under section 39 remains unpaid, either wholly or partly, or any amount of interest payable on such tax remains unpaid, the same shall be recovered under the provisions of section 79. (13) Where any penalty is imposed under section 73 or section 74, no penalty for the same act or omission shall be imposed on the same person under any other provision of this Act. ### 76. Tax collected but not paid to Government. (1) Notwithstanding anything to the contrary contained in any order or direction of any Appellate Authority or Appellate Tribunal or court or in any other provisions of this Act or the rules made thereunder or any other law for the time being in force, every person who has collected from any other person any amount as representing the tax under this Act, and has not paid the said amount to the Government, shall forthwith pay the said amount to the Government, irrespective of whether the supplies in respect of which such amount was collected are taxable or not. (2) Where any amount is required to be paid to the Government under sub-section (1), and which has not been so paid, the proper officer may serve on the person liable to pay such amount a notice requiring him to show cause as to why the said amount as specified in the notice, should not be paid by him to the Government and why a penalty equivalent to the amount specified in the notice should not be imposed on him under the provisions of this Act. (3) The proper officer shall, after considering the representation, if any, made by the person on whom the notice is served under sub-section (2), determine the amount due from such person and thereupon such person shall pay the amount so determined. (4) The person referred to in sub-section (1) shall in addition to paying the amount referred to in sub-section (1) or sub-section (3) also be liable to pay interest thereon at the rate specified under section 50 from the date such amount was collected by him to the date such amount is paid by him to the Government. (5) An opportunity of hearing shall be granted where a request is received in writing from the person to whom the notice was issued to show cause. (6) The proper officer shall issue an order within one year from the date of issue of the notice. (7) Where the issuance of order is stayed by an order of the court or Appellate Tribunal, the period of such stay shall be excluded in computing the period of one year. (8) The proper officer, in his order, shall set out the relevant facts and the basis of his decision. (9) The amount paid to the Government under sub-section (1) or sub-section (3) shall be adjusted against the tax payable, if any, by the person in relation to the supplies referred to in sub-section (1). (10) Where any surplus is left after the adjustment under sub-section (9), the amount of such surplus shall either be credited to the Fund or refunded to the person who has borne the incidence of such amount. (11) The person who has borne the incidence of the amount, may apply for the refund of the same in accordance with the provisions of section 54. ### 77. Tax wrongfully collected and paid to Central Government or State Government. (1) A registered person who has paid the central tax and State tax on a transaction considered by him to be an intra-State supply, but which is subsequently held to be an inter-State supply, shall be refunded the amount of taxes so paid in such manner and subject to such conditions as may be prescribed. (2) A registered person who has paid integrated tax on a transaction considered by him to be an inter-State supply, but which is subsequently held to be an intra-State supply, shall not be required to pay any interest on the amount of State tax payable. ### 78. Initiation of recovery proceeings. - Any amount payable by a taxable person in pursuance of an order passed under this Act shall be paid by such person within a period of three months from the date of service of such order failing which recovery proceedings shall be initiated: Provided that where the proper officer considers it expedient in the interest of revenue, he may, for reasons to be recorded in writing, require the said taxable person to make such payment within such period less than a period of three months as may be specified by him. ### 79. Recovery of tax. (1) Where any amount payable by a person to the Government under any of the provisions of this Act or the rules made thereunder is not paid, the proper officer shall proceed to recover the amount by one or more of the following modes, namely: - (a) the proper officer may deduct or may require any other specified officer to deduct the amount so payable from any money owing to such person which may be under the control of the proper officer or such other specified officer; (b) the proper officer may recover or may require any other specified officer to recover the amount so payable by detaining and selling any goods belonging to such person which are under the control of the proper officer or such other specified officer; (c) (i) the proper officer may, by a notice in writing, require any other person from whom money is due or may become due to such person or who holds or may subsequently hold money for or on account of such person, to pay to the Government either forthwith upon the money becoming due or being held, or within the time specified in the notice not being before the money becomes due or is held, so much of the money as is sufficient to pay the amount due from such person or the whole of the money when it is equal to or less than that amount; (i) shall be deemed to have made the payment under the authority of the person in default and such payment being credited to the Government shall be deemed to constitute a good and sufficient discharge of the liability of such person to the person in default to the extent of the amount specified in the receipt; (vi) any person discharging any liability to the person in default after service on him of the notice issued under sub-clause (i) shall be personally liable to the Government to the extent of the liability discharged or to the extent of the liability of the person in default for tax, interest and penalty, whichever is less; (vii) where a person on whom a notice is served under sub-clause (i) proves to the satisfaction of the officer issuing the notice that the money demanded or any part thereof was not due to the person in default or that he did not hold any money for or on account of the person in default, at the time the notice was served on him, nor is the money demanded or any part thereof, likely to become due to the said person or be held for or on account of such person, nothing contained in this section shall be deemed to require the person on whom the notice has been served to pay to the Government any such money or part thereof; (ii) every person to whom the notice is issued under sub-clause (i) shall be bound to comply with such notice, and in particular, where any such notice is issued to a post office, banking company or an insurer, it shall not be necessary to produce any pass book, deposit receipt, policy or any other document for the purpose of any entry, endorsement or the like being made before payment is made, notwithstanding any rule, practice or requirement to the contrary; (iii) in case the person to whom a notice under sub-clause (i) has been issued, fails to make the payment in pursuance thereof to the Government, he shall be deemed to be a defaulter in respect of the amount specified in the notice and all the consequences of this Act or the rules made thereunder shall follow; (iv) the officer issuing a notice under sub-clause (i) may, at any time, amend or revoke such notice or extend the time for making any payment in pursuance of the notice; (v) any person making any payment in compliance with a notice issued under sub-clause (d) the proper officer may, in accordance with the rules to be made in this behalf, distrain any movable or immovable property belonging to or under the control of such person, and detain the same until the amount payable is paid; and in 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 the costs including cost of sale remaining unpaid and shall render the surplus amount, if any, to such person; (e) the proper officer 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 his business or to any officer authorised by the Government and the said Collector or the said officer, 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; (f) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the proper officer may file an application to the appropriate Magistrate and such Magistrate shall proceed to recover from such person the amount specified thereunder as if it were a fine imposed by him. (2) Where the terms of any bond or other instrument executed under this Act or any rules or regulations made thereunder provide that any amount due under such instrument may be recovered in the manner laid down in sub-section (1), the amount may, without prejudice to any other mode of recovery, be recovered in accordance with the provisions of that sub-section. (3) Where any amount of tax, interest or penalty is payable by a person to the Government under any of the provisions of this Act or the rules made thereunder and which remains unpaid, the proper officer of central tax, during the course of recovery of said tax arrears, may recover the amount from the said person as if it were an arrear of central tax and credit the amount so recovered to the account of the Government. (4) Where the amount recovered under subsection (3) is less than the amount due to the Central Government and State Government, the amount to be credited to the account of the respective Governments shall be in proportion to the amount due to each such Government. ### 80. Payment of tax and other amount in instalments. - On an application filed by a taxable person, the Commissioner may, for reasons to be recorded in writing, extend the time for payment or allow payment of any amount due under this Act, other than the amount due as per the liability self-assessed in any return, by such person in monthly instalments not exceeding twenty four, subject to payment of interest under section 50 and subject to such conditions and limitations as may be prescribed: Provided that where there is default in payment of any one instalment on its due date, the whole outstanding balance payable on such date shall become due and payable forthwith and shall, without any further notice being served on the person, be liable for recovery. ### 81. Transfer of property to be void in certain cases. - Where a person, after any amount has become due from him, creates a charge on or parts with the property belonging to him or in his possession by way of sale, mortgage, exchange, or any other mode of transfer whatsoever of any of his properties in favour of any other person with the intention of defrauding the Government revenue, such charge or transfer shall be void as against any claim in respect of any tax or any other sum payable by the said person: Provided that, such charge or transfer shall not be void if it is made for adequate consideration, in good faith and without notice of the pendency of such proceedings under this Act or without notice of such tax or other sum payable by the said person, or with the previous permission of the proper officer. ### 82. Tax to be first charge on property. - Notwithstanding anything to the contrary contained in any law for the time being in force, save as otherwise provided in the Insolvency and Bankruptcy Code, 2016, any amount payable by a taxable person or any other person on account of tax, interest or penalty which he is liable to pay to the Government shall be a first charge on the property of such taxable person or such person. Payment of tax and other amount in instalments. ### 83. Provisional attachment to protect revenue in certain cases. (1) Where during the pendency of any proceedings under section 62 or section 63 or section 64 or section 67 or section 73 or section 74, the Commissioner is of the opinion that for the purpose of protecting the interest of the Government revenue, it is necessary so to do, he may, by order in writing attach provisionally any property, including bank account, belonging to the taxable person in such manner as may be prescribed. (2) Every such provisional attachment shall cease to have effect after the expiry of a period of one year from the date of the order made under sub-section (1). ### 84. Continuation and validation of certain recovery proceedings. - Where any notice of demand in respect of any tax, penalty, interest or any other amount payable under this Act, (hereafter in this section referred to as "Government dues"), is served upon any taxable person or any other person and any appeal or revision application is filed or any other proceedings is initiated in respect of such Government dues, then - (a) where such Government dues are enhanced in such appeal, revision or other proceedings, the Commissioner shall serve upon the taxable person or any other person another notice of demand in respect of the amount by which such Government dues are enhanced and any recovery proceedings in relation to such Government dues as are covered by the notice of demand served upon him before the disposal of such appeal, revision or other proceedings may, without the service of any fresh notice of demand, be continued from the stage at which such proceedings stood immediately before such disposal; (b) where such Government dues are reduced in such appeal, revision or in other proceedings - (i) it shall not be necessary for the Commissioner to serve upon the taxable person a fresh notice of demand; (ii) the Commissioner shall give intimation of such reduction to him and to the appropriate authority with whom recovery proceedings is pending; (iii) any recovery proceedings initiated on the basis of the demand served upon him prior to the disposal of such appeal, revision or other proceedings may be continued in relation to the amount so reduced from the stage at which such proceedings stood immediately before such disposal. Chapter XVI Liability to Pay in Certain Cases -------------------------------------------------- ### 85. Liability in case of transfer of business. (1) Where a taxable person, liable to pay tax under this Act, transfers his business in whole or in part, by sale, gift, lease, leave and license, hire or in any other manner whatsoever, the taxable person and the person to whom the business is so transferred shall, jointly and severally, be liable wholly or to the extent of such transfer, to pay the tax, interest or any penalty due from the taxable person upto the time of such transfer, whether such tax, interest or penalty has been determined before such transfer, but has remained unpaid or is determined thereafter. (2) Where the transferee of a business referred to in sub-section (1) carries on such business either in his own name or in some other name, he shall be liable to pay tax on the supply of goods or services or both effected by him with effect from the date of such transfer and shall, if he is a registered person under this Act, apply within the prescribed time for amendment of his certificate of registration. ### 86. Liability of agent and principal. - Where an agent supplies or receives any taxable goods on behalf of his principal, such agent and his principal shall, jointly and severally, be liable to pay the tax payable on such goods under this Act. ### 87. Liability in case of amalgamation or merger of companies. (1) When two or more companies are amalgamated or merged in pursuance of an order of court or of Tribunal or otherwise and the order is to take effect from a date earlier to the date of the order and any two or more of such companies have supplied or received any goods or services or both to or from each other during the period commencing on the date from which the order takes effect till the date of the order, then such transactions of supply and receipt shall be included in the turnover of supply or receipt of the respective companies and they shall be liable to pay tax accordingly. (2) Notwithstanding anything contained in the said order, for the purposes of this Act, the said two or more companies shall be treated as distinct companies for the period up to the date of the said order and the registration certificates of the said companies shall be cancelled with effect from the date of the said order. ### 88. Liability in case of company in liquidation. (1) When any company is being wound up whether under the orders of a court or Tribunal or otherwise, every person appointed as receiver of any assets of a company (hereafter in this section referred to as the "liquidator"), shall, within thirty days after his appointment, give intimation of his appointment to the Commissioner. (2) The Commissioner shall, after making such inquiry or calling for such information as he may deem fit, notify the liquidator within three months from the date on which he receives intimation of the appointment of the liquidator, the amount which in the opinion of the Commissioner would be sufficient to provide for any tax, interest or penalty which is then, or is likely thereafter to become, payable by the company. (3) When any private company is wound up and any tax, interest or penalty determined under this Act on the company for any period, whether before or in the course of or after its liquidation, cannot be recovered, then every person who was a director of such company at any time during the period for which the tax was due shall, jointly and severally, be liable for the payment of such tax, interest or penalty, unless he proves to the satisfaction of the Commissioner that such non-recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part in relation to the affairs of the company. ### 89. Liability of directors of private company. (1) Notwithstanding anything contained in the Companies Act, 2013, where any tax, interest or penalty due from a private company in respect of any supply of goods or services or both for any period cannot be recovered, then, every person who was a director of the private company during such period shall, jointly and severally, be liable for the payment of such tax, interest or penalty unless he proves that the non-recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part in relation to the affairs of the company. (2) Where a private company is converted into a public company and the tax, interest or penalty in respect of any supply of goods or services or both for any period during which such company was a private company cannot be recovered before such conversion, then, nothing contained in sub-section (1) shall apply to any person who was a director of such private company in relation to any tax, interest or penalty in respect of such supply of goods or services or both of such private company: Provided that nothing contained in this subsection shall apply to any personal penalty imposed on such director. ### 90. Liability of partners of firm to pay tax. - Notwithstanding any contract to the contrary and any other law for the time being in force, where any firm is liable to pay any tax, interest or penalty under this Act, the firm and each of the partners of the firm shall, jointly and severally, be liable for such payment: Provided that where any partner retires from the firm, he or the firm, shall intimate the date of retirement of the said partner to the Commissioner by a notice in that behalf in writing and such partner shall be liable to pay tax, interest or penalty due upto the date of his retirement whether determined or not, on that date: Provided further that i f no such intimation is given within one month from the date of retirement, the liability of such partner under the first proviso shall continue until the date on which such intimation is received by the Commissioner. ### 91. Liability of guardians, trustees, etc. - Where the business in respect of which any tax, interest or penalty is payable under this Act is carried on by any guardian, trustee or agent of a minor or other incapacitated per son on behalf of and for the benefit of such minor or other incapacitated person, the tax, interest or penal to shall be levied upon and recoverable from such guardian, trustee or agent in like manner and to the same extent as i t would be determined and recover able from any such minor or other incapacitated per son, as i f he were a major or capacitated person and as i f he were conducting the business himself, and all the provisions of this Act or the rules made thereunder shall apply accordingly. ### 92. Liability of Court of Wards, etc. - Where the estate or any portion of the estate of a taxable person owning a business in respect of which any tax, interest or penalty is payable under this Act is under the control of the Court of Wards, the Administrator General, the Official Trustee or any receiver or manager (including any person, whatever be his designation, who in fact manages the business) appointed by or under any order of a court, the tax, interest or penalty shall be levied upon and be recoverable from such Court of Wards, Administrator General, Official Trustee, receiver or manager in like manner and to the same extent as it would be determined and be recoverable from the taxable person as if he were conducting the business himself, and all the provisions of this Act or the rules made thereunder shall apply accordingly. ### 93. Special provisions regarding liability to pay tax, interest or penalty in certain cases. (1) Save as otherwise provided in the Insolvency and Bankruptcy Code, 2016, where a person, liable to pay tax, interest or penalty under this Act, dies, then - (a) if a business carried on by the person is continued after his death by his legal representative or any other person, such legal representative or other person, shall be liable to pay tax, interest or penalty due from such person under this Act; and (b) if the business carried on by the person is discontinued, whether before or after his death, his legal representative shall be liable to pay, out of the estate of the deceased, to the extent to which the estate is capable of meeting the charge, the tax, interest or penalty due from such person under this Act, whether such tax, interest or penalty has been determined before his death but has remained unpaid or is determined after his death. (2) Save as otherwise provided in the Insolvency and Bankruptcy Code, 2016, where a taxable person, liable to pay tax, interest or penalty under this Act, is a Hindu Undivided Family or an association of persons and the property of the Hindu Undivided Family or the association of persons is partitioned amongst the various members or groups of members, then, each member or group of members shall, jointly and severally, be liable to pay the tax, interest or penalty due from the taxable person under this Act upto the time of the partition whether such tax, penalty or interest has been determined before partition but has remained unpaid or is determined after the partition. (3) Save as otherwise provided in the Insolvency and Bankruptcy Code, 2016, where a taxable person, liable to pay tax, interest or penalty under this Act, is a firm, and the firm is dissolved, then, every person who was a partner shall, jointly and severally, be liable to pay the tax, interest or penalty due from the firm under this Act upto the time of dissolution whether such tax, interest or penalty has been determined before the dissolution, but has remained unpaid or is determined after dissolution. (4) Save as otherwise provided in the Insolvency and Bankruptcy Code, 2016, where a taxable person liable to pay tax, interest or penalty under this Act,- (a) is the guardian of a ward on whose behalf the business is carried on by the guardian; or (b) is a trustee who carries on the business under a trust for a beneficiary, then, if the guardianship or trust is terminated, the ward or the beneficiary shall be liable to pay the tax, interest or penalty due from the taxable person upto the time of the termination of the guardianship or trust, whether such tax, interest or penalty has been determined before the termination of guardianship or trust but has remained unpaid or is determined thereafter. ### 94. Liability in other cases. (1) Where a taxable person is a firm or an association of persons or a Hindu Undivided Family and such firm, association or family has discontinued business- (a) the tax, interest or penal to payable under this Act by such firm, association or family upto the date of such discontinuance may be determined as if no such discontinuance had taken place; and (b) every person who, at the time of such discontinuance, was a partner of such firm, or a member of such association or family, shall, notwithstanding such discontinuance, jointly and severally, be liable for the payment of tax and interest determined and penalty imposed and payable by such firm, association or family, whether such tax and interest has been determined or penalty imposed prior to or after such discontinuance and subject as aforesaid, the provisions of this Act shall, so far as may be, apply as if every such person or partner or member were himself a taxable person. (2) Where a change has occurred in the constitution of a firm or an association of persons, the partners of the firm or members of association, as it existed before and as it exists after the reconstitution, shall, without prejudice to the provisions of section 90, jointly and severally, be liable to pay tax, interest or penalty due from such firm or association for any period before its reconstitution. (3) The provisions of sub-section (1) shall, so far as may be, apply where the taxable person, being a firm or association of persons is dissolved or where the taxable person, being a Hindu Undivided Family, has effected partition with respect to the business carried on by it and accordingly references in that sub-section to discontinuance shall be construed as reference to dissolution or to partition. Explanation. - For the purposes of this Chapter, - (i) a "Limited Liability Partnership" formed and registered under the provisions of the Limited Liability Partnership Act, 2008 shall also be considered as a firm; (ii) "court" means the District Court, High Court or Supreme Court. Chapter XVII Advance Ruling -------------------------------- ### 95. Definitions. - In this Chapter, unless the context otherwise requires, - (a) "advance ruling" means a decision provided by the Authority or the Appellate Authority to an applicant on matters or on questions specified in sub-section (2) of section 97 or sub-section (1) of section 100, in relation to the supply of goods or services or both being undertaken or proposed to be undertaken by the applicant; (b) "Appellate Authority" means the Appellate Authority for Advance Ruling constituted under section 99; (c) "applicant" means any person registered or desirous of obtaining registration under this Act; (d) "application" means an application made to the Authority under sub-section (1) of section 97; (e) "Authority" means the Authority for Advance Ruling, constituted under section 96. ### 96. Constitution of Authority for Advance Ruling. (1) The Government shall, by notification, constitute an Authority to be known as the Puducherry Authority for Advance Ruling: Provided that the Government may, on the recommendation of the Council, notify any Authority located in another State to act as the Authority for the State. (2) The Authority shall consist of - (i) one member from amongst the officers of central tax; and (ii) one member from amongst the officers of State tax, to be appointed by the Central Government and the State Government, respectively. (3) The qualifications, the method of appointment of the members and the terms and conditions of their services shall be such as may be prescribed. ### 97. Application for advance ruling. (1) An applicant desirous of obtaining an advance ruling under this Chapter may make an application in such form and manner and accompanied by such fee as may be prescribed, stating the question on which the advance ruling is sought. (2) The question on which the advance ruling is sought under this Act, shall be in respect of, - (a) classification of any goods or services or both; (b) applicability of a notification issued under the provisions of this Act; (c) determination of time and value of supply of goods or services or both; (d) admissibility of input tax credit of tax paid or deemed to have been paid; (e) determination of the liability to pay tax on any goods or services or both; (f) whether applicant is required to be registered; (g) whether any particular thing done by the applicant with respect to any goods or services or both amounts to or results in a supply of goods or services or both, within the meaning of that term. ### 98. Procedure on receipt of application. (1) On receipt of an application, the Authority shall cause a copy thereof to be forwarded to the concerned officer and, if necessary, call upon him to furnish the relevant records: Provided that where any records have been called for by the Authority in any case, such records shall, as soon as possible, be returned to the said concerned officer. (2) The Authority may, after examining the application and the records called for and after hearing the applicant or his authorised representative and the concerned officer or his authorised representative, by order, either admit or reject the application: Provided that the Authority shall not admit the application where the question raised in the application is already pending or decided in any proceedings in the case of an applicant under any of the provisions of this Act: Provided further that no application shall be rejected under this sub-section unless an opportunity of hearing has been given to the applicant: Provided also that where the application is rejected, the reasons for such rejection shall be specified in the order. (3) A copy of every order made under sub-section (2) shall be sent to the applicant and to the concerned officer. (4) Where an application is admitted under subsection (2), the Authority shall, after examining such further material as may be placed before it by the applicant or obtained by the Authority and after providing an opportunity of being heard to the applicant or his authorised representative as well as to the concerned officer or his authorised representative, pronounce its advance ruling on the question specified in the application. (5) Where the members of the Authority differ on any question on which the advance ruling is sought, they shall state the point or points on which they differ and make a reference to the Appellate Authority for hearing and decision on such question. (6) The Authority shall pronounce its advance ruling in writing within ninety days from the date of receipt of application. (7) A copy of the advance ruling pronounced by the Authority duly signed by the members and certified in such manner as may be prescribed shall be sent to the applicant, the concerned officer and the jurisdictional officer after such pronouncement. ### 99. Constitution of Appellate Authority for Advance Ruling. - The Government shall, by notification, constitute an Authority to be known as Puducherry Appellate Authority for Advance Ruling for Goods and Services Tax for hearing appeals against the advance ruling pronounced by the Advance Ruling Authority, consisting of- (i) the Chief Commissioner of central tax as designated by the Board; and (ii) the Commissioner of State tax: Provided that the Government may, on the recommendations of the Council, notify any Appellate Authority located in another State or Union territory to act as the Appellate Authority for the State. ### 100. Appeal to Appellate Authority. (1) The concerned officer, the jurisdictional officer or an applicant aggrieved by any advance ruling pronounced under sub-section (4) of section 98, may appeal to the Appellate Authority. (2) Every appeal under this section shall be filed within a period of thirty days from the date on which the ruling sought to be appealed against is communicated to the concerned officer, the jurisdictional officer and the applicant : Provided that the Appellate Authority may, if it is satisfied that the appellant was prevented by a sufficient cause from presenting the appeal within the said period of thirty days, allow it to be presented within a further period not exceeding thirty days. (3) Every appeal under this section shall be in such form, accompanied by such fee and verified in such manner as may be prescribed. ### 101. Orders of Appellate Authority. (1) The Appellate Authority may, after giving the parties to the appeal or reference an opportunity of being heard, pass such order as it thinks fit, confirming or modifying the ruling appealed against or referred to. (2) The order referred to in sub-section (1) shall be passed within a period of ninety days from the date of filing of the appeal under section 100 or a reference under sub-section (5) of section 98. (3) Where the members of the Appellate Authority differ on any point or points referred to in appeal or reference, it shall be deemed that no advance ruling can be issued in respect of the question under the appeal or reference. (4) A copy of the advance ruling pronounced by the Appellate Authority duly signed by the Members and certified in such manner as may be prescribed shall be sent to the applicant, the concerned officer, the jurisdictional officer and to the Authority after such pronouncement. ### 102. Rectification of advance ruling. - The Authority or the Appellate Authority may amend any order passed by it under section 98 or section 101, so as to rectify any error apparent on the face of the record, if such error is noticed by the Authority or the Appellate Authority on its own accord, or is brought to its notice by the concerned officer, the jurisdictional officer, or the applicant or the appellant within a period of six months from the date of the order: Provided that no rectification which has the effect of enhancing the tax liability or reducing the amount of admissible input tax credit shall be made unless the applicant or the appellant has been given an opportunity of being heard. ### 103. Applicability of advance ruling. (1) The advance ruling pronounced by the Authority or the Appellate Authority under this Chapter shall be binding only - (a) on the applicant who had sought it in respect of any matter referred to in sub-section (2) of section 97 for advance ruling; (b) on the concerned officer or the jurisdictional officer in respect of the applicant. (2) The advance ruling referred to in sub-section (1) shall be binding unless the law, facts or circumstances supporting the original advance ruling have changed. ### 104. Advance ruling to be void in certain circumstances. (1) Where the Authority or the Appellate Authority finds that advance ruling pronounced by it under sub-sect ion (4) of sect ion 98 or under sub-section (1) of section 101 has been obtained by the applicant or the appellant by fraud or suppression of material facts or misrepresentation of facts, it may, by order, declare such ruling to be void ab-initio and thereupon all the provisions of this Act or the rules made thereunder shall apply to the applicant or the appellant as if such advance ruling had never been made: Provided that no order shall be passed under this sub-section unless an opportunity of being heard has been given to the applicant or the appellant. Explanation. - The period beginning with the date of such advance ruling and ending with the date of order under this sub-section shall be excluded while computing the period specified in sub-sections (2) and (10) of section 73 or sub-sections (2) and (10) of section 74. (2) A copy of the order made under sub-section (1) shall be sent to the applicant, the concerned officer and the jurisdictional officer. ### 105. Powers of Authority and Appellate Authority. (1) The Authority or the Appellate Authority shall, for the purpose of exercising its powers regarding - (a) discovery and inspection; (b) enforcing the attendance of any person and examining him on oath; (c) issuing commissions and compelling production of books of account and other records, have all the powers of a civil court under the Code of Civil Procedure, 1908. (2) The Authority or the Appellate Authority shall be deemed to be a civil court for the purposes of section 195, but not for the purposes of Chapter XXVI of the Code of Criminal Procedure, 1973, and every proceeding before the Authority or the Appellate Authority shall be deemed to be a judicial proceedings within the meaning of sections 193 and 228, and for the purpose of section 196 of the Indian Penal Code. ### 106. Procedure of Authority and Appellate Authority. - The Authority or the Appellate Authority shall, subject to the provisions of this Chapter, have power to regulate its own procedure. Chapter XVIII Appeals and Revision --------------------------------------- ### 107. Appeals to Appellate Authority. (1) Any person aggrieved by any decision or order passed under this Act or the Central Goods and Services Tax Act by an adjudicating authority may appeal to such Appellate Authority as may be prescribed within three months from the date on which the said decision or order is communicated to such person. (2) The Commissioner may, on his own motion, or upon request from the Commissioner of central tax, call for and examine the record of any proceeding in which an adjudicating authority has passed any decision or order under this Act or the Central Goods and Services Tax Act, for the purpose of satisfying himself as to the legality or propriety of the said decision or order and may, by order, direct any officer subordinate to him to apply to the Appellate Authority within six months from the date of communication of the said decision or order for the determination of such points arising out of the said decision or order as may be specified by the Commissioner in his order. (3) Where, in pursuance of an order under subsection (2), the authorised officer makes an application to the Appellate Authority, such application shall be dealt with by the Appellate Authority as if it were an appeal made against the decision or order of the adjudicating authority and such authorised officer were an appellant and the provisions of this Act relating to appeals shall apply to such application. (4) The Appellate Authority may, if he is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within the aforesaid period of three months or six months, as the case may be, allow it to be presented within a further period of one month. (5) Every appeal under this section shall be in such form and shall be verified in such manner as may be prescribed. (6) No appeal shall be filed under sub-section (1), unless the appellant has paid - (a) in full, such part of the amount of tax, interest, fine, fee and penalty arising from the impugned order, as is admitted by him; and (b) a sum equal to ten per cent. of the remaining amount of tax in dispute arising from the said order, in relation to which the appeal has been filed. (7) Where the appellant has paid the amount under sub-section (6), the recovery proceedings for the balance amount shall be deemed to be stayed. (8) The Appellate Authority shall give an opportunity to the appellant of being heard. (9) The Appellate Authority may, if sufficient cause is shown at any stage of hearing of an appeal, grant time to the parties or any of them and adjourn the hearing of the appeal for reasons to be recorded in writing: Provided that no such adjournment shall be granted more than three times to a party during hearing of the appeal. (10) The Appellate Authority may, at the time of hearing of an appeal, allow an appellant to add any ground of appeal not specified in the grounds of appeal, if it is satisfied that the omission of that ground from the grounds of appeal was not wilful or unreasonable. (11) The Appellate Authority shall, after making such further inquiry as may be necessary, pass such order, as it thinks just and proper, confirming, modifying or annulling the decision or order appealed against but shall not refer the case back to the adjudicating authority that passed the said decision or order: Provided that an order enhancing any fee or penalty or fine in lieu of confiscation or confiscating goods of greater value or reducing the amount of refund or input tax credit shall not be passed unless the appellant has been given a reasonable opportunity of showing cause against the proposed order: Provided further that where the Appellate Authority is of the opinion that any tax has not been paid or short-paid or erroneously refunded, or where input tax credit has been wrongly availed or utilised, no order requiring the appellant to pay such tax or input tax credit shall be passed unless the appellant is given notice to show cause against the proposed order and the order is passed within the time limit specified under section 73 or section 74. (12) The order of the Appellate Authority disposing of the appeal shall be in writing and shall state the points for determination, the decision thereon and the reasons for such decision. (13) The Appellate Authority shall, where it is possible to do so, hear and decide every appeal within a period of one year from the date on which it is filed: Provided that where the issuance of order is stayed by an order of a court or Tribunal, the period of such stay shall be excluded in computing the period of one year. (14) On disposal of the appeal, the Appellate Authority shall communicate the order passed by it to the appellant, respondent and to the adjudicating authority. (15) A copy of the order passed by the Appellate Authority shall also be sent to the Commissioner or the authority designated by him in this behalf and the jurisdictional Commissioner of central tax or an authority designated by him in this behalf. (16) Every order passed under this section shall, subject to the provisions of section 108 or section 113 or section 117 or section 118 be final and binding on the parties. ### 108. Powers of Revisional Authority. (1) Subject to the provisions of section 121 and any rules made thereunder, the Revisional Authority may, on his own motion, or upon information received by him or on request from the Commissioner of central tax, call for and examine the record of any proceedings, and if he considers that any decision or order passed under this Act or under the Central Goods and Services Tax Act by any officer subordinate to him is erroneous in so far as it is prejudicial to the interest of revenue and is illegal or improper or has not taken into account certain material facts, whether available at the time of issuance of the said order or not or in consequence of an observation by the Comptroller and Auditor General of India, he may, if necessary, stay the operation of such decision or order for such period as he deems fit and after giving the person concerned an opportunity of being heard and after making such further inquiry as may be necessary, pass such order, as he thinks just and proper, including enhancing or modifying or annulling the said decision or order. (2) The Revisional Authority shall not exercise any power under sub-section (1), if - (a) the order has been subject to an appeal under section 107 or section 112 or section 117 or section 118; or (b) the period specified under sub-section (2) of section 107 has not yet expired or more than three years have expired after the passing of the decision or order sought to be revised; or (c) the order has already been taken for revision under this section at an earlier stage; or (d) the order has been passed in exercise of the powers under sub-section (1): Provided that the Revisional Authority may pass an order under sub-section (1) on any point which has not been raised and decided in an appeal referred to in clause (a) of sub-section (2), before the expiry of a period of one year from the date of the order in such appeal or before the expiry of a period of three years referred to in clause (b) of that sub-section, whichever is later. (3) Every order passed in revision under sub-section (1) shall, subject to the provisions of section 113 or section 117 or section 118, be final and binding on the parties. (4) If the said decision or order involves an issue on which the Appellate Tribunal or the High Court has given its decision in some other proceedings and an appeal to the High Court or the Supreme Court against such decision of the Appellate Tribunal or the High Court is pending, the period spent between the date of the decision of the Appellate Tribunal and the date of the decision of the High Court or the date of the decision of the High Court and the date of the decision of the Supreme Court shall be excluded in computing the period of limitation referred to in clause (b) of sub-section (2) where proceedings for revision have been initiated by way of issue of a notice under this section. (5) Where the issuance of an order under sub-section (1) is stayed by the order of a court or Appellate Tribunal, the period of such stay shall be excluded in computing the period of limitation referred to in clause (b) of sub-section (2). (6) For the purposes of this section, the term, - (i) "record" shall include all records relating to any proceedings under this Act available at the time of examination by the Revisional Authority; (ii) "decision" shall include intimation given by any officer lower in rank than the Revisional Authority. ### 109. Appellate Tribunal and Benches thereof. (1) Subject to the provisions of this Chapter, the Goods and Services Tax Tribunal constituted under the Central Goods and Services Tax Act shall be the Appellate Tribunal for hearing appeals against the orders passed by the Appellate Authority or the Revisional Authority under this Act. (2) The constitution and jurisdiction of the State Bench and the Area Benches located in the State shall be in accordance with the provisions of section 109 of the Central Goods and Services Tax Act or the rules made thereunder. ### 110. President and Members of Appellate Tribunal, their qualification, appointment, conditions of service, etc. - The qualifications, appointment, salary and allowances, terms of office, resignation and removal of the President and Members of the State Bench and Area Benches shall be in accordance with the provisions of section 110 of the Central Goods and Services Tax Act. ### 111. Procedure before Appellate Tribunal. (1) The Appellate Tribunal shall not, while disposing of any proceedings before it or an appeal before it, be bound by the procedure laid down in the Code of Civil Procedure, 1908, but shall be guided by the principles of natural justice and subject to the other provisions of this Act and the rules made thereunder, the Appellate Tribunal shall have power to regulate its own procedure. (2) The Appellate Tribunal shall, for the purposes of discharging its functions under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872, requisitioning any public record or document or a copy of such record or document from any office; (e) issuing commissions for the examination of witnesses or documents; (f) dismissing a representation for default or deciding it ex parte; (g) setting aside any order of dismissal of any representation for default or any order passed by it ex parte; and (h) any other matter which may be prescribed. (3) Any order made by the Appellate Tribunal may be enforced by it in the same manner as if it were a decree made by a court in a suit pending therein, and it shall be lawful for the Appellate Tribunal to send for execution of its orders to the court within the local limits of whose jurisdiction,- (a) in the case of an order against a company, the registered office of the company is situated; or (b) in the case of an order against any other person, the person concerned voluntarily resides or carries on business or personally works for gain. (4) All proceedings before the Appellate Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228, and for the purposes of section 196 of the Indian Penal Code, and the Appellate Tribunal shall be deemed to be civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. ### 112. Appeals to Appellate Tribunal. (1) Any person aggrieved by an order passed against him under section 107 or section 108 of this Act or the Central Goods and Services Tax Act may appeal to the Appellate Tribunal against such order within three months from the date on which the order sought to be appealed against is communicated to the person preferring the appeal. (2) The Appellate Tribunal may, in its discretion, refuse to admit any such appeal where the tax or input tax credit involved or the difference in tax or input tax credit involved or the amount of fine, fee or penalty determined by such order, does not exceed fifty thousand rupees. (3) The Commissioner may, on his own motion, or upon request from the Commissioner of central tax, call for and examine the record of any order passed by the Appellate Authority or the Revisional Authority under this Act or under the Central Goods and Services Tax Act for the purpose of satisfying himself as to the legality or propriety of the said order and may, by order, direct any officer subordinate to him to apply to the Appellate Tribunal within six months from the date on which the said order has been passed for determination of such points arising out of the said order as may be specified by the Commissioner in his order. (4) Where in pursuance of an order under subsection (3) the authorised officer makes an application to the Appellate Tribunal, such application shall be dealt with by the Appellate Tribunal as if it were an appeal made against the order under sub-section (11) of section 107 or under sub-section (1) of section 108 and the provisions of this Act shall apply to such application, as they apply in relation to appeals filed under sub-section (1). (5) On receipt of notice that an appeal has been preferred under this section, the party against whom the appeal has been preferred may, notwithstanding that he may not have appealed against such order or any part thereof, file, within forty-five days of the receipt of notice, a memorandum of cross-objections, verified in the prescribed manner, against any part of the order appealed against and such memorandum shall be disposed of by the Appellate Tribunal, as if it were an appeal presented within the time specified in sub-section (1). (6) The Appellate Tribunal may admit an appeal within three months after the expiry of the period referred to in sub-section (1), or permit the filing of a memorandum of cross-objections within forty-five days after the expiry of the period referred to in subsection (5), if it is satisfied that there was sufficient cause for not presenting it within that period. (7) An appeal to the Appellate Tribunal shall be in such form, verified in such manner and shall be accompanied by such fee, as may be prescribed. (8) No appeal shall be filed under sub-section (1), unless the appellant has paid - (a) in full, such part of the amount of tax, interest, fine, fee and penalty arising from the impugned order, as is admitted by him; and (b) a sum equal to twenty per cent. of the remaining amount of tax in dispute, in addition to the amount paid under sub-section (6) of section 107, arising from the said order, in relation to which the appeal has been filed. (9) Where the appellant has paid the amount as per sub-section (8), the recovery proceedings for the balance amount shall be deemed to be stayed till the disposal of the appeal. (10) Every application made before the Appellate Tribunal, - (a) in an appeal for rectification of error or for any other purpose; or (b) for restoration of an appeal or an application, shall be accompanied by such fees as may be prescribed. ### 113. Orders of Appellate Tribunal. (1) The Appel late Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit , confirming, modifying or annulling the decision or order appealed against or may refer the case back to the Appel late Authority, or the Revisional Authority or to the original adjudicating authority, with such directions as it may think fit , for a fresh adjudication or decision after taking additional evidence, if necessary. (2) The Appellate Tribunal may, if sufficient cause is shown, at any stage of hearing of an appeal, grant time to the parties or any of them and adjourn the hearing of the appeal for reasons to be recorded in writing: Provided that no such adjournment shall be granted more than three times to a party during hearing of the appeal. (3) The Appellate Tribunal may amend any order passed by it under sub-section (1) so as to rectify any error apparent on the face of the record, if such error is noticed by it on its own accord, or is brought to its notice by the Commissioner or the Commissioner of central tax or the other party to the appeal within a period of three months from the date of the order: Provided that no amendment which has the effect of enhancing an assessment or reducing a refund or input tax credit or otherwise increasing the liability of the other party, shall be made under this sub-section, unless the party has been given an opportunity of being heard. (4) The Appellate Tribunal shall, as far as possible, hear and decide every appeal within a period of one year from the date on which it is filed. (5) The Appellate Tribunal shall send a copy of every order passed under this section to the Appellate Authority or the Revisional Authority, or the original adjudicating authority, as the case may be, the appellant and the Commissioner or the jurisdictional Commissioner of central tax. (6) Save as provided in section 117 or section 118, orders passed by the Appellate Tribunal on an appeal shall be final and binding on the parties. ### 114. Financial and administrative powers of State President. - The State President shall exercise such financial and administrative powers over the State Bench and Area Benches of the Appellate Tribunal in a State, as may be prescribed: Provided that the State President shall have the authority to delegate such of his financial and administrative powers as he may think fit to any other Member or any officer of the State Bench or Area Benches, subject to the condition that such Member or officer shall, while exercising such delegated powers, continue to act under the direction, control and supervision of the State President. ### 115. Interest on refund of amount paid for admission of appeal. - Where an amount paid by the appellant under sub-section (6) of section 107 or sub-section (8) of section 112 is required to be refunded consequent to any order of the Appellate Authority or of the Appellate Tribunal, interest at the rate specified under section 56 shall be payable in respect of such refund from the date of payment of the amount till the date of refund of such amount. ### 116. Appearance by authorised representative. (1) Any person who is entitled or required to appear before an officer appointed under this Act, or the Appellate Authority or the Appellate Tribunal in connection with any proceedings under this Act, may, otherwise than when required under this Act to appear personally for examination on oath or affirmation, subject to the other provisions of this section, appear by an authorised representative. (2) For the purposes of this Act, the expression "authorised representative" shall mean a person authorised by the person referred to in sub-section (1) to appear on his behalf, being - (a) his relative or regular employee; or (b) an advocate who is entitled to practice in any court in India, and who has not been debarred from practising before any court in India; or (c) any chartered accountant, a cost accountant or a company secretary, who holds a certificate of practice and who has not been debarred from practice; or (d) a retired officer of the Commercial Tax Department of any State Government or Union territory or of the Board who, during his service under the Government, had worked in a post not below the rank than that of a Group-B Gazetted officer for a period of not less than two years: Provided that such officer shall not be entitled to appear before any proceedings under this Act for a period of one year from the date of his retirement or resignation; or (e) any person who has been authorised to act as a goods and services tax practitioner on behalf of the concerned registered person. (3) No person, - (a) who has been dismissed or removed from Government service; or (b) who is convicted of an offence connected with any proceedings under this Act, the Central Goods and Services Tax Act, the Integrated Goods and Services Tax Act or the Union Territory Goods and Services Tax Act, or under the existing law or under any of the Acts passed by a State Legislature dealing with the imposition of taxes on sale of goods or supply of goods or services or both; or (c) who is found guilty of misconduct by the prescribed authority; or (d) who has been adjudged as an insolvent, shall be qualified to represent any person under sub-section (1) - (i) for all times in case of persons referred to in clauses (a) (b) and (c); and (ii) for the period during which the insolvency continues in the case of a person referred to in clause (d). (4) Any person who has been disqualified under the provisions of the Central Goods and Services Tax Act or the Goods and Services Tax Act of any other State or the Union Territory Goods and Services Tax Act shall be deemed to be disqualified under this Act. ### 117. Appeal to High Court. (1) Any person aggrieved by any order passed by the State Bench or Area Benches of the Appellate Tribunal may file an appeal to the High Court and the High Court may admit such appeal, if it is satisfied that the case involves a substantial question of law. (2) An appeal under sub-section (1) shall be filed within a period of one hundred and eighty days from the date on which the order appealed against is received by the aggrieved person and it shall be in such form, verified in such manner as may be prescribed: Provided that the High Court may entertain an appeal after the expiry of the said period if it is satisfied that there was sufficient cause for not filing it within such period. (3) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question and the appeal shall be heard only on the question so formulated, and the respondents shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question: Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the court to hear, for reasons to be recorded, the appeal on any other substantial question of law not formulated by it, if it is satisfied that the case involves such question. (4) The High Court shall decide the question of law so formulated and deliver such judgment thereon containing the grounds on which such decision is founded and may award such cost as it deems fit. (5) The High Court may determine any issue which - (a) has not been determined by the State Bench or Area Benches; or (b) has been wrongly determined by the State Bench or Area Benches, by reason of a decision on such question of law as herein referred to in sub-section (3). (6) Where an appeal has been filed before the High Court, it shall be heard by a Bench of not less than two Judges of the High Court, and shall be decided in accordance with the opinion of such Judges or of the majority, if any, of such Judges. (7) Where there is no such majority, the Judges shall state the point of law upon which they differ and the case shall, then, be heard upon that point only, by one or more of the other Judges of the High Court and such point shall be decided according to the opinion of the majority of the Judges who have heard the case including those who first heard it. (8) Where the High Court delivers a judgment in an appeal filed before it under this section, effect shall be given to such judgment by either side on the basis of a certified copy of the judgment. (9) Save as otherwise provided in this Act, the provisions of the Code of Civil Procedure, 1908, relating to appeals to the High Court shall, as far as may be, apply in the case of appeals under this section. ### 118. Appeal to Supreme Court. (1) An appeal shall lie to the Supreme Court - (a) from any order passed by the National Bench or Regional Benches of the Appellate Tribunal; or (b) from any judgment or order passed by the High Court in an appeal made under section 117 in any case which, on its own motion or on an application made by or on behalf of the party aggrieved, immediately after passing of the judgment or order, the High Court certifies to be a fit one for appeal to the Supreme Court. (2) The provisions of the Code of Civil Procedure, 1908, relating to appeals to the Supreme Court shall, so far as may be, apply in the case of appeals under this section as they apply in the case of appeals from decrees of a High Court. (3) Where the judgment of the High Court is varied or reversed in the appeal, effect shall be given to the order of the Supreme Court in the manner provided in section 117 in the case of a judgment of the High Court. ### 119. Sums due to be paid notwithstanding appeal, etc. - Notwithstanding that an appeal has been preferred to the High Court or the Supreme Court, sums due to the Government as a result of an order passed by the National or Regional Benches of the Appellate Tribunal under sub-section (1) of section 113 or an order passed by the State Bench or Area Benches of the Appellate Tribunal under sub-section (1) of section 113 or an order passed by the High Court under section 117, as the case may be, shall be payable in accordance with the order so passed. ### 120. Appeal not to be filed in certain cases. (1) The Commissioner may, on the recommendations of the Council, from time to time, is sue order s or inst ruct ions or directions fixing such monetary limits, as he may deem fit, for the purposes of regulating the filing of appeal or application by the officer of the State tax under the provisions of this Chapter. (2) Where, in pursuance of the orders or instructions or directions issued under sub-section (1), the officer of the State tax has not filed an appeal or application against any decision or order passed under the provisions of this Act, it shall not preclude such officer of the State tax from filing appeal or application in any other case involving the same or similar issues or questions of law. (3) Notwithstanding the fact that no appeal or application has been filed by the officer of the State tax pursuant to the orders or instructions or directions issued under sub-section (1), no person, being a party in appeal or application shall contend that the officer of the State tax has acquiesced in the decision on the disputed issue by not filing an appeal or application. (4) The Appellate Tribunal or court hearing such appeal or application shall have regard to the circumstances under which appeal or application was not filed by the officer of the State tax in pursuance of the orders or instructions or directions issued under sub-section (1). ### 121. Nonappealable decisions and orders. - Notwithstanding anything to the contrary in any provisions of this Act, no appeal shall lie against any decision taken or order passed by an officer of State tax if such decision taken or order passed relates to any one or more of the following matters, namely:- (a) an order of the Commissioner or other authority empowered to direct transfer of proceedings from one officer to another officer; or (b) an order pertaining to the seizure or retention of books of account, register and other documents; or (c) an order sanctioning prosecution under this Act; or (d) an order passed under section 80. Chapter XIX Offences and Penalties --------------------------------------- ### 122. Penalty for certain offences. - (1) Where a taxable person who - (i) supplies any goods or services or both without issue of any invoice or issues an incorrect or false invoice with regard to any such supply; (ii) issues any invoice or bill without supply of goods or services or both in violation of the provisions of this Act or the rules made thereunder; (iii) collects any amount as tax but fails to pay the same to the Government beyond a period of three months from the date on which such payment becomes due; (iv) collects any tax in contravention of the provisions of this Act but fails to pay the same to the Government beyond a period of three months from the date on which such payment becomes due; (v) fails to deduct the tax in accordance with the provisions of sub-section (1) of section 51, or deducts an amount which is less than the amount required to be deducted under the said sub-section, or where he fails to pay to the Government under sub-section (2) thereof, the amount deducted as tax; (vi) fails to collect tax in accordance with the provisions of sub-section (1) of section 52, or collects an amount which is less than the amount required to be collected under the said sub-section or where he fails to pay to the Government the amount collected as tax under sub-section (3) of section 52; (vii) takes or utilises input tax credit without actual receipt of goods or services or both either fully or partially, in contravention of the provisions of this Act or the rules made thereunder; (viii) fraudulently obtains refund of tax under this Act; (ix) takes or distributes input tax credit in contravention of section 20, or the rules made thereunder; (x) falsifies or substitutes financial records or produces fake accounts or documents or furnishes any false information or return with an intention to evade payment of tax due under this Act; (xi) is liable to be registered under this Act but fails to obtain registration; (xii) furnishes any false information with regard to registration particulars, either at the time of applying for registration, or subsequently; (xiii) obstructs or prevents any officer in discharge of his duties under this Act; (xiv) transports any taxable goods without the cover of documents as may be specified in this behalf; (xv) suppresses his turnover leading to evasion of tax under this Act; (xvi) fails to keep, maintain or retain books of account and other documents in accordance with the provisions of this Act or the rules made thereunder; (xvii) fails to furnish information or documents called for by an officer in accordance with the provisions of this Act or the rules made thereunder or furnishes false information or documents during any proceedings under this Act; (xviii) supplies, transports or stores any goods which he has reasons to believe are liable to confiscation under this Act; (xix) issues any invoice or document by using the registration number of another registered person; (xx) tampers with, or destroys any material evidence or documents; (xxi) disposes off or tampers with any goods that have been detained, seized, or attached under this Act, he shall be liable to pay a penalty of ten thousand rupees or an amount equivalent to the tax evaded or the tax not deducted under section 51 or short deducted or deducted but not paid to the Government or tax not collected under section 52 or short collected or collected but not paid to the Government or input tax credit availed of or passed on or distributed irregularly, or the refund claimed fraudulently, whichever is higher. (2) Any registered person who supplies any goods or services or both on which any tax has not been paid or short-paid or erroneously refunded, or where the input tax credit has been wrongly availed or utilized,- (a) for any reason, other than the reason of fraud or any wilful misstatement or suppression of facts to evade tax, shall be liable to a penalty of ten thousand rupees or ten per cent. of the tax due from such person, whichever is higher; (b) for reason of fraud or any wilful misstatement or suppression of facts to evade tax, shall be liable to a penalty equal to ten thousand rupees or the tax due from such person, whichever is higher. (3) Any person who - (a) aids or abets any of the offences specified in clauses (i) to (xxi) of sub-section (1); (b) acquires possession of, or in any way concerns himself in transporting, removing, depositing, keeping, concealing, supplying, or purchasing or in any other manner deals with any goods which he knows or has reasons to believe are liable to confiscation under this Act or the rules made thereunder; (c) receives or is in any way concerned with the supply of, or in any other manner deals with any supply of services which he knows or has reasons to believe are in contravention of any provisions of this Act or the rules made thereunder; (d) fails to appear before the officer of State tax, when issued with a summon for appearance to give evidence or produce a document in an inquiry; (e) fails to issue invoice in accordance with the provisions of this Act or the rules made thereunder or fails to account for an invoice in his books of account, shall be liable to a penalty which may extend to twenty five thousand rupees. ### 123. Penalty for failure to furnish information return. - If a person who is required to furnish an information return under section 150 fails to do so within the period specified in the notice issued under sub-section (3) thereof, the proper officer may direct, that such person shall be liable to pay a penalty of one hundred rupees for each day of the period during which the failure to furnish such return continues: Provided that the penalty imposed under this section shall not exceed five thousand rupees. ### 124. Fine for failure to furnish statistics. - If any person required to furnish any information or return under section 151, - (a) without reasonable cause fails to furnish such information or return as may be required under that section, or (b) wilfully furnishes or causes to furnish any information or return which he knows to be false, he shall be punishable with a fine which may extend to ten thousand rupees and in case of a continuing offence to a further fine which may extend to one hundred rupees for each day after the first day during which the offence continues subject to a maximum limit of twenty five thousand rupees. ### 125. General penalty. - Any person, who contravenes any of the provisions of this Act or any rules made thereunder for which no penalty is separately provided for in this Act, shall be liable to a penalty which may extend to twenty five thousand rupees. ### 126. General disciplines related to penalty. (1) No officer under this Act shall impose any penalty for minor breaches of tax regulations or procedural requirements and in particular, any omission or mistake in documentation which is easily rectifiable and made without fraudulent intent or gross negligence. Explanation. - For the purpose of this subsection, - (a) a breach shall be considered a 'minor breach' if the amount of tax involved is less than five thousand rupees; (b) an omission or mistake in documentation shall be considered to be easily rectifiable if the same is an error apparent on the face of record. (2) The penalty imposed under this Act shall depend on the facts and circumstances of each case and shall commensurate with the degree and severity of the breach. (3) No penalty shall be imposed on any person without giving him an opportunity of being heard. (4) The officer under this Act shall while imposing penalty in an order for a breach of any law, regulation or procedural requirement, specify the nature of the breach and the applicable law, regulation or procedure under which the amount of penalty for the breach has been specified. (5) When a person voluntarily discloses to an officer under this Act the circumstances of a breach of the tax law, regulation or procedural requirement prior to the discovery of the breach by the officer under this Act, the proper officer may consider this fact as a mitigating factor when quantifying a penalty for that person. (6) The provisions of this section shall not apply in such cases where the penalty specified under this Act is either a fixed sum or expressed as a fixed percentage. ### 127. Power to impose penalty in certain cases. - Where the proper officer is of the view that a person is liable to a penalty and the same is not covered under any proceedings under section 62 or section 63 or section 64 or section 73 or section 74 or section 129 or section 130, he may issue an order levying such penalty after giving a reasonable opportunity of being heard to such person. ### 128. Power to waive penalty or fee or both. - The Government may, by notification, waive in part or full, any penalty referred to in section 122 or section 123 or section 125 or any late fee referred to in section 47 for such class of taxpayers and under such mitigating circumstances as may be specified therein on the recommendations of the Council. ### 129. Detention seizure and release of goods and conveyances in transit. (1) Notwithstanding anything contained in this Act, where any person transports any goods or stores any goods while they are in transit in contravention of the provisions of this Act or the rules made thereunder, all such goods and conveyance used as a means of transport for carrying the said goods and documents relating to such goods and conveyance shall be liable to detention or seizure and after detention or seizure, shall be released, - (a) on payment of the applicable tax and penalty equal to one hundred per cent. of the tax payable on such goods and, in case of exempted goods, on payment of an amount equal to two per cent of the value of goods or twenty five thousand rupees, whichever is less, where the owner of the goods comes forward for payment of such tax and penalty; (b) on payment of the applicable tax and penalty equal to the fifty per cent. of the value of the goods reduced by the tax amount paid thereon and, in case of exempted goods, on payment of an amount equal to five per cent of the value of goods or twenty five thousand rupees, whichever is less, where the owner of the goods does not come forward for payment of such tax and penalty; (c) upon furnishing a security equivalent to the amount payable under clause (a) or clause (b)in such form and manner as may be prescribed: Provided that no such goods or conveyance shall be detained or seized without serving an order of detention or seizure on the person transporting the goods. (2) The provisions of sub-section (6) of section 67 shall, mutatis mutandis, apply for detention and seizure of goods and conveyances. (3) The proper officer detaining or seizing goods or conveyances shall issue a notice specifying the tax and penalty payable and thereafter, pass an order for payment of tax and penalty under clause (a) or clause (b) or clause (c). (4) No tax, interest or penalty shall be determined under sub-section (3) without giving the person concerned an opportunity of being heard. (5) On payment of amount referred in sub-section (1), all proceedings in respect of the notice specified in sub-section (3) shall be deemed to be concluded. (6) Where the person transporting any goods or the owner of the goods fails to pay the amount of tax and penalty as provided in sub-section (1) within seven days of such detention or seizure, further proceedings shall be initiated in accordance with the provisions of section 130: Provided that where the detained or seized goods are perishable or hazardous in nature or are likely to depreciate in value with passage of time, the said period of seven days may be reduced by the proper officer. ### 130. Confiscation of goods or conveyances and levy of penalty. (1) Notwithstanding anything contained in this Act, if any person - (i) supplies or receives any goods in contravention of any of the provisions of this Act or the rules made thereunder with intent to evade payment of tax; or (ii) does not account for any goods on which he is liable to pay tax under this Act; or (iii) supplies any goods liable to tax under this Act without having applied for registration; or (iv) contravenes any of the provisions of this Act or the rules made thereunder with intent to evade payment of tax; or (v) uses any conveyance as a means of transport for carriage of goods in contravention of the provisions of this Act or the rules made thereunder unless the owner of the conveyance proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the conveyance, then, all such goods or conveyances shall be liable to confiscation and the person shall be liable to penalty under section 122. (2) Whenever confiscation of any goods or conveyance is authorised by this Act, the officer adjudging it shall give to the owner of the goods an option to pay in lieu of confiscation, such fine as the said officer thinks fit: Provided that such fine leviable shall not exceed the market value of the goods confiscated, less the tax chargeable thereon: Provided further that the aggregate of such fine and penalty leviable shall not be less than the amount of penalty leviable under sub-section (1) of section 129: Provided also that where any such conveyance is used for the carriage of the goods or passengers for hire, the owner of the conveyance shall be given an option to pay in lieu of the confiscation of the conveyance a fine equal to the tax payable on the goods being transported thereon. (3) Where any fine in lieu of confiscation of goods or conveyance is imposed under sub-section (2), the owner of such goods or conveyance or the person referred to in sub-section (1), shall, in addition, be liable to any tax, penalty and charges payable in respect of such goods or conveyance. (4) No order for confiscation of goods or conveyance or for imposition of penalty shall be issued without giving the person an opportunity of being heard. (5) Where any goods or conveyance are confiscated under this Act, the title of such goods or conveyance shall thereupon vest in the Government. (6) The proper officer adjudging confiscation shall take and hold possession of the things confiscated and every officer of Police, on the requisition of such proper officer, shall assist him in taking and holding such possession. (7) The proper officer may, after satisfying himself that the confiscated goods or conveyance are not required in any other proceedings under this Act and after giving reasonable time not exceeding three months to pay fine in lieu of confiscation, dispose of such goods or conveyance and deposit the sale proceeds thereof with the Government. ### 131. Confiscation or penalty not to interfere with other punishments. - Without prejudice to the provisions contained in the Code of Criminal Procedure, 1973, no confiscation made or penalty imposed under the provisions of this Act or the rules made thereunder shall prevent the infliction of any other punishment to which the person affected thereby is liable under the provisions of this Act or under any other law for the time being in force. ### 132. Punishment for certain offences. (1) Whoever commits any of the following offences, namely: - (a) supplies any goods or services or both without issue of any invoice, in violation of the provisions of this Act or the rules made thereunder, with the intention to evade tax; (b) issues any invoice or bill without supply of goods or services or both in violation of the provisions of this Act, or the rules made thereunder leading to wrongful availment or utilisation of input tax credit or refund of tax; (c) avails input tax credit using such invoice or bill referred to in clause (b); (d) collects any amount as tax but fails to pay the same to the Government beyond a period of three months from the date on which such payment becomes due; (e) evades tax, fraudulently avails input tax credit or fraudulently obtains refund and where such offence is not covered under clauses (a) to (d); (f) falsifies or substitutes financial records or produces fake accounts or documents or furnishes any false information with an intention to evade payment of tax due under this Act; (g) obstructs or prevents any officer in the discharge of his duties under this Act; (h) acquires possession of, or in any way concerns himself in transporting, removing, depositing, keeping, concealing, supplying, purchasing or in any other manner deals with, any goods which he knows or has reasons to believe are liable to confiscation under this Act or the rules made thereunder; (i) receives or is in any way concerned with the supply of, or in any other manner deals with any supply of services which he knows or has reasons to believe are in contravention of any provisions of this Act or the rules made thereunder; (j) tampers with or destroys any material evidence or documents; (k) fails to supply any information which he is required to supply under this Act or the rules made thereunder or (unless with a reasonable belief, the burden of proving which shall be upon him, that the information supplied by him is true) supplies false information; or (l) attempts to commit, or abets the commission of any of the offences mentioned in clauses (a) to (k) of this section, shall be punishable - (i) in cases where the amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken exceeds five hundred lakh rupees, with imprisonment for a term which may extend to five years and with fine; (ii) in cases where the amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken exceeds two hundred lakh rupees but does not exceed five hundred lakh rupees, with imprisonment for a term which may extend to three years and with fine; (iii) in the case of any other offence where the amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken exceeds one hundred lakh rupees but does not exceed two hundred lakh rupees , with imprisonment for a term which may extend to one year and with fine; (iv) in cases where he commits or abets the commission of an offence specified in clause (f) or clause (g) or clause (j), he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both. (2) Where any person convicted of an offence under this section is again convicted of an offence under this section, then, he shall be punishable for the second and for every subsequent offence with imprisonment for a term which may extend to five years and with fine. (3) The imprisonment referred to in clauses (i), (ii) and (iii) of sub-section (1) and sub-section (2) shall, in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the Court, be for a term not less than six months. (4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences under this Act, except the offences referred to in sub-section (5) shall be non-cognizable and bailable. (5) The offences specified in clause (a) or clause (b) or clause (c) or clause (d) of sub-section (1) and punishable under clause (i) of that sub-section shall be cognizable and non-bailable. (6) A person shall not be prosecuted for any offence under this section except with the previous sanction of the Commissioner. Explanation. - For the purposes of this section, the term "tax" shall include the amount of tax evaded or the amount of input tax credit wrongly availed or utilised or refund wrongly taken under the provisions of this Act, the Central Goods and Services Tax Act, the Integrated Goods and Services Tax Act, and cess levied under the Goods and Services Tax (Compensation to States) Act. ### 133. Liability of officers and certain other persons. (1) Where any person engaged in connection with the collection of statistics under section 151 or compilation or computerisation thereof or if any officer of State tax having access to information specified under sub-section (1) of section 150, or if any person engaged in connection with the provision of service on the common portal or the agent of common portal, wilfully discloses any information or the contents of any return furnished under this Act or rules made thereunder otherwise than in execution of his duties under the said sections or for the purposes of prosecution for an offence under this Act or under any other Act for the time being in force, he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to twenty five thousand rupees, or with both. (2) Any person - (a) who is a Government servant shall not be prosecuted for any offence under this section except with the previous sanction of the Government; (b) who is not a Government servant shall not be prosecuted for any offence under this section except with the previous sanction of the Commissioner. ### 134. Cognizance of offences. - No court shall take cognizance of any offence punishable under this Act or the rules made thereunder except with the previous sanction of the Commissioner, and no court inferior to that of a Magistrate of the First Class, shall try any such offence. ### 135. Presumption of culpable mental state. - In any prosecution for an offence under this Act which requires a culpable mental state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation. - For the purposes of this section, - (i) the expression "culpable mental state" includes intention, motive, knowledge of a fact, and belief in, or reason to believe, a fact; (ii) a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability. ### 136. Relevancy of statements under certain circumstances. - A statement made and signed by a person on appearance in response to any summons issued under section 70 during the course of any inquiry or proceedings under this Act shall be relevant, for the purpose of proving, in any prosecution for an offence under this Act, the truth of the facts which it contains,- (a) when the person who made the statement is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or whose presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the court considers unreasonable; or (b) when the person who made the statement is examined as a witness in the case before the court and the court is of the opinion that, having regard to the circumstances of the case, the statement should be admitted in evidence in the interest of justice. ### 137. Offences by Companies. (1) Where an offence committed by a person under this Act is a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Notwithstanding anything contained in subsection (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any negligence 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. (3) Where an offence under this Act has been committed by a taxable person being a partnership firm or a Limited Liability Partnership or a Hindu Undivided Family or a trust, the partner or karta or managing trustee shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly and the provisions of sub-section (2) shall mutatis mutandis apply to such persons. (4) Nothing contained in this 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. Explanation. - For the purposes of this section, - (i) "company" means a body corporate and includes a firm or other association of individuals; and (ii) "director", in relation to a firm, means a partner in the firm. ### 138. Compounding of offences. (1) Any offence under this Act may, either before or after the institution of prosecution, be compounded by the Commissioner on payment, by the person accused of the offence, to the Central Government or the State Government, as the case may be, of such compounding amount in such manner as may be prescribed: Provided that nothing contained in this section shall apply to - (a) a person who has been allowed to compound once in respect of any of the offences specified in clauses (a) to (f) of sub-section (1) of section 132 and the offences specified in clause (l) which are relatable to offences specified in clauses (a) to (f) of the said subsection; (b) a person who has been allowed to compound once in respect of any offence, other than those in clause (a), under this Act or under the provisions of any State Goods and Services Tax Act or the Central Goods and Services Tax Act or the Union Territory Goods and Services Tax Act or the Integrated Goods and Services Tax Act in respect of supplies of value exceeding one crore rupees; (c) a person who has been accused of committing an offence under this Act which is also an offence under any other law for the time being in force; (d) a person who has been convicted for an offence under this Act by a court; (e) a person who has been accused of committing an offence specified in clause (g) or clause (j) or clause(k) of sub-section (1) of section 132; and (f) any other class of persons or offences as may be prescribed: Provided further that any compounding allowed under the provisions of this section shall not affect the proceedings, if any, instituted under any other law: Provided also that compounding shall be allowed only after making payment of tax, interest and penalty involved in such offences. (2) The amount for compounding of offences under this section shall be such as may be prescribed, subject to the minimum amount not being less than ten thousand rupees or fifty per cent. of the tax involved, whichever is higher, and the maximum amount not being less than thirty thousand rupees or one hundred and fifty per cent. of the tax, whichever is higher. (3) On payment of such compounding amount as may be determined by the Commissioner, no further proceedings shall be initiated under this Act against the accused person in respect of the same offence and any criminal proceedings, if already initiated in respect of the said offence, shall stand abated. Chapter XX Transitional Provisions --------------------------------------- ### 139. Migration of existing taxpayers. (1) On and from the appointed day, every person registered under any of the existing laws and having a valid Permanent Account Number shall be issued a certificate of registration on provisional basis, subject to such conditions and in such form and manner as may be prescribed, which unless replaced by a final certificate of registration under sub-section (2), shall be liable to be cancelled if the conditions so prescribed are not complied with. (2) The final certificate of registration shall be granted in such form and manner and subject to such conditions as may be prescribed. (3) The certificate of registration issued to a person under sub-section (1) shall be deemed to have not been issued if the said registration is cancelled in pursuance of an application filed by such person that he was not liable to registration under section 22 or section 24. ### 140. Transitional arrangements for input tax credit. (1) A registered person, other than a person opting to pay tax under section 10, shall be entitled to take, in his electronic credit ledger, credit of the amount of Value Added Tax, if any, carried forward in the return relating to the period ending with the day immediately preceding the appointed day, furnished by him under the existing law in such manner as may be prescribed: Provided that the registered person shall not be allowed to take credit in the following circumstances, namely: - (i) where the said amount of credit is not admissible as input tax credit under this Act; or (ii) where he has not furnished all the returns required under the existing law for the period of six months immediately preceding the appointed date: Provided further that so much of the said credit as is attributable to any claim related to section 3, sub-section (3) of section 5, section 6, section 6A or sub-section (8) of section 8 of the Central Sales Tax Act, 1956 which is not substantiated in the manner, and within the period, prescribed in rule 12 of the Central Sales Tax (Registration and Turnover) Rules, 1957 shall not be eligible to be credited to the electronic credit ledger: Provided also that an amount equivalent to the credit specified in the second proviso shall be refunded under the existing law when the said claims are substantiated in the manner prescribed in rule 12 of the Central Sales Tax (Registration and Turnover) Rules, 1957. (2) A registered person, other than a person opting to pay tax under section 10, shall be entitled to take, in his electronic credit ledger, credit of the unavailed input tax credit in respect of capital goods, not carried forward in a return, furnished under the existing law by him, for the period ending with the day immediately preceding the appointed day in such manner as may be prescribed: Provided that the registered person shall not be allowed to take credit unless the said credit was admissible as input tax credit under the existing law and is also admissible as input tax credit under this Act. Explanation. - For the purposes of this section, the expression "unavailed input tax credit" means the amount that remains after subtracting the amount of input tax credit already availed in respect of capital goods by the taxable person under the existing law from the aggregate amount of input tax credit to which the said person was entitled in respect of the said capital goods under the existing law. (3) A registered person, who was not liable to be registered under the existing law or who was engaged in the sale of exempted goods or tax free goods, by whatever name called, under the existing law but which are liable to tax under this Act or where the person was entitled to the credit of input tax at the time of sale of goods, if any, shall be entitled to take, in his electronic credit ledger, credit of the value added tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the appointed day subject to the following conditions namely: - (i) such inputs or goods are used or intended to be used for making taxable supplies under this Act; (ii) the said registered person is eligible for input tax credit on such inputs under this Act; (iii) the said registered person is in possession of invoice or other prescribed documents evidencing payment of tax under the existing law in respect of such inputs; and (iv) such invoices or other prescribed documents were issued not earlier than twelve months immediately preceding the appointed day: Provided that where a registered person, other than a manufacturer or a supplier of services, is not in possession of an invoice or any other documents evidencing payment of tax in respect of inputs, then, such registered person shall, subject to such conditions, limitations and safeguards as may be prescribed, including that the said taxable person shall pass on the benefit of such credit by way of reduced prices to the recipient, be allowed to take credit at such rate and in such manner as may be prescribed. (4) A registered person, who was engaged in the sale of taxable goods as well as exempted goods or tax free goods, by whatever name called, under the existing law but which are liable to tax under this Act, shall be entitled to take, in his electronic credit ledger,- (a) the amount of credit of the value added tax, if any, carried forward in a return furnished under the existing law by him in accordance with the provisions of sub-section (1); and (b) the amount of credit of the value added tax, if any, in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the appointed day, relating to such exempted goods or tax free goods, by whatever name called, in accordance with the provisions of sub-section (3). (5) A registered person shall be entitled to take, in his electronic credit ledger, credit of value added tax, if any, in respect of inputs received on or after the appointed day but the tax in respect of which has been paid by the supplier under the existing law, subject to the condition that the invoice or any other tax paying document of the same was recorded in the books of account of such person within a period of thirty days from the appointed day: Provided that the period of thirty days may, on sufficient cause being shown, be extended by the Commissioner for a further period not exceeding thirty days: Provided further that the said registered person shall furnish a statement, in such manner as may be prescribed, in respect of credit that has been taken under this sub-section. (6) A registered person, who was either paying tax at a fixed rate or paying a fixed amount in lieu of the tax payable under the existing law shall be entitled to take, in his electronic credit ledger, credit of value added tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the appointed day subject to the following conditions, namely: - (i) such inputs or goods are used or intended to be used for making taxable supplies under this Act; (ii) the said registered person is not paying tax under section 10; (iii) the said registered person is eligible for input tax credit on such inputs under this Act; (iv) the said registered person is in possession of invoice or other prescribed documents evidencing payment of tax under the existing law in respect of inputs; and (v) such invoices or other prescribed documents were issued not earlier than twelve months immediately preceding the appointed day. (7) The amount of credit under sub-sections (3), (4) and (6) shall be calculated in such manner as may be prescribed. ### 141. Transitional provisions relating to job work. (1) Where any inputs received at a place of business had been despatched as such or despatched after being partially processed to a job-worker for further processing, testing, repair, reconditioning or any other purpose in accordance with the provisions of existing law prior to the appointed day and such inputs are returned to the said place on or after the appointed day, no tax shall be payable if such inputs, after completion of the job-work or otherwise, are returned to the said place within six months from the appointed day: Provided that the period of six months may, on sufficient cause being shown, be extended by the Commissioner for a further period not exceeding two months: Provided further that if such inputs are not returned within the period specified in this subsection, the input tax credit shall be liable to be recovered in accordance with the provisions of clause (a) of sub-section (8) of section 142. (2) Where any semi-finished goods had been despatched from the place of business to any other premises for carrying out certain manufacturing processes in accordance with the provisions of existing law prior to the appointed day and such goods (hereafter in this sub-section referred to as "the said goods") are returned to the said place on or after the appointed day, no tax shall be payable if the said goods, after undergoing manufacturing processes or otherwise, are returned to the said place within six months from the appointed day: Provided that the period of six months may, on sufficient cause being shown, be extended by the Commissioner for a further period not exceeding two months: Provided further that if the said goods are not returned within a period specified in this sub-section, the input tax credit shall be liable to be recovered in accordance with the provisions of clause (a) of subsection (8) of section 142: Provided also that the person despatching the goods may, in accordance with the provisions of the existing law, transfer the said goods to the premises of any registered person for the purpose of supplying there from on payment of tax in India or without payment of tax for exports within the period specified in this sub-section. (3) Where any goods had been despatched from the place of business without payment of tax for carrying out tests or any other process, to any other premises, whether registered or not, in accordance with the provisions of existing law prior to the appointed day and such goods, are returned to the said place of business on or after the appointed day, no tax shall be payable if the said goods, after undergoing tests or any other process, are returned to such place within six months from the appointed day: Provided that the period of six months may, on sufficient cause being shown, be extended by the Commissioner for a further period not exceeding two months: Provided further that if the said goods are not returned within the period specified in this subsection, the input tax credit shall be liable to be recovered in accordance with the provisions of clause (a) of sub-section (8) of section 142: Provided also that the person despatching the goods may, in accordance with the provisions of the existing law, transfer the said goods from the said other premises on payment of tax in India or without payment of tax for exports within the period specified in this sub-section. (4) The tax under sub-sections (1), (2) and (3) shall not be payable, only if the person despatching the goods and the job-worker declare the details of the inputs or goods held in stock by the job-worker on behalf of the said person on the appointed day in such form and manner and within such time as may be prescribed. ### 142. Miscellaneous transitional provisions. (1) Where any goods on which tax, if any, had been paid under the existing law at the time of sale thereof, not being earlier than six months prior to the appointed day, are returned to any place of business on or after the appointed day, the registered person shall be eligible for refund of the tax paid under the existing law where such goods are returned by a person, other than a registered person, to the said place of business within a period of six months from the appointed day and such goods are identifiable to the satisfaction of the proper officer: Provided that if the said goods are returned by a registered person, the return of such goods shall be deemed to be a supply. (2) (a) where, in pursuance of a contract entered into prior to the appointed day, the price of any goods is revised upwards on or after the appointed day, the registered person who had sold such goods shall issue to the recipient a supplementary invoice or debit note, containing such particulars as may be prescribed, within thirty days of such price revision and for the purposes of this Act, such supplementary invoice or debit note shall be deemed to have been issued in respect of an outward supply made under this Act; (b) where, in pursuance of a contract entered into prior to the appointed day, the price of any goods is revised downwards on or after the appointed day, the registered person who had sold such goods may issue to the recipient a credit note, containing such particulars as may be prescribed, within thirty days of such price revision and for the purposes of this Act such credit note shall be deemed to have been issued in respect of an outward supply made under this Act: Provided that the registered person shall be allowed to reduce his tax liability on account of issue of the credit note only if the recipient of the credit note has reduced his input tax credit corresponding to such reduction of tax liability. (3) Every claim for refund filed by any person before, on or after the appointed day for refund of any amount of input tax credit, tax, interest or any other amount paid under the existing law, shall be disposed of in accordance with the provisions of existing law and any amount eventually accruing to him shall be refunded to him in cash in accordance with the provisions of the said law: Provided that where any claim for refund of the amount of input tax credit is fully or partially rejected, the amount so rejected shall lapse: Provided further that no refund shall be allowed of any amount of input tax credit where the balance of the said amount as on the appointed day has been carried forward under this Act. (4) Every claim for refund filed after the appointed day for refund of any tax paid under the existing law in respect of the goods exported before or after the appointed day, shall be disposed of in accordance with the provisions of the existing law: Provided that where any claim for refund of input tax credit is fully or partially rejected, the amount so rejected shall lapse: Provided further that no refund shall be allowed of any amount of input tax credit where the balance of the said amount as on the appointed day has been carried forward under this Act. (5) Notwithstanding anything to the contrary contained in this Act, any amount of input tax credit reversed prior to the appointed day shall not be admissible as input tax credit under this Act. (6) (a) every proceeding of appeal, revision, review or reference relating to a claim for input tax credit initiated whether before, on or after the appointed day under the existing law shall be disposed of in accordance with the provisions of the existing law, and any amount of credit found to be admissible to the claimant shall be refunded to him in cash in accordance with the provisions of the existing law, and the amount rejected, if any, shall not be admissible as input tax credit under this Act: Provided that no refund shall be allowed of any amount of input tax credit where the balance of the said amount as on the appointed day has been carried forward under this Act; (b) every proceeding of appeal, revision, review or reference relating to recovery of input tax credit initiated whether before, on or after the appointed day under the existing law shall be disposed of in accordance with the provisions of the existing law, and if any amount of credit becomes recoverable as a result of such appeal, revision, review or reference, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under this Act and the amount so recovered shall not be admissible as input tax credit under this Act. (7) (a) every proceeding of appeal, revision, review or reference relating to any output tax liability initiated whether before, on or after the appointed day under the existing law, shall be disposed of in accordance with the provisions of the existing law, and if any amount becomes recoverable as a result of such appeal, revision, review or reference, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under this Act and the amount so recovered shall not be admissible as input tax credit under this Act. (b) every proceeding of appeal, revision, review or reference relating to any output tax liability initiated whether before, on or after the appointed day under the existing law, shall be disposed of in accordance with the provisions of the existing law, and any amount found to be admissible to the claimant shall be refunded to him in cash in accordance with the provisions of the existing law and the amount rejected, if any, shall not be admissible as input tax credit under this Act. (8) (a) where in pursuance of an assessment or adjudication proceedings instituted, whether before, on or after the appointed day under the existing law, any amount of tax, interest, fine or penalty becomes recoverable from the person, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under this Act and the amount so recovered shall not be admissible as input tax credit under this Act; (b) where in pursuance of an assessment or adjudication proceedings instituted, whether before, on or after the appointed day under the existing law, any amount of tax, interest, fine or penalty becomes refundable to the taxable person, the same shall be refunded to him in cash under the said law, and the amount rejected, if any, shall not be admissible as input tax credit under this Act. (9) (a) where any return, furnished under the existing law, is revised after the appointed day and if, pursuant to such revision, any amount is found to be recoverable or any amount of input tax credit is found to be inadmissible, the same shall, unless recovered under the existing law, be recovered as an arrear of tax under this Act and the amount so recovered shall not be admissible as input tax credit under this Act; (b) where any return, furnished under the existing law, is revised after the appointed day but within the time limit specified for such revision under the existing law and if, pursuant to such revision, any amount is found to be refundable or input tax credit is found to be admissible to any taxable person, the same shall be refunded to him in cash under the existing law, and the amount rejected, if any, shall not be admissible as input tax credit under this Act. (10) Save as otherwise provided in this Chapter, the goods or services or both supplied on or after the appointed day in pursuance of a contract entered into prior to the appointed day shall be liable to tax under the provisions of this Act. (11) (a) notwithstanding anything contained in section 12, no tax shall be payable on goods under this Act to the extent the tax was leviable on the said goods under the Puducherry Value Added Tax Act, 2007; (b) notwithstanding anything contained in section 13, no tax shall be payable on services under this Act to the extent the tax was leviable on the said services under Chapter V of the Finance Act, 1994; (c) where tax was paid on any supply, both under the Puducherry Value Added Tax Act, 2007 and under Chapter V of the Finance Act, 1994, tax shall be leviable under this Act and the taxable person shall be entitled to take credit of value added tax or service tax paid under the existing law to the extent of supplies made after the appointed day and such credit shall be calculated in such manner as may be prescribed. (12) Where any goods sent on approval basis, not earlier than six months before the appointed day, are rejected or not approved by the buyer and returned to the seller on or after the appointed day, no tax shall be payable thereon if such goods are returned within six months from the appointed day: Provided that the said period of six months may, on sufficient cause being shown, be extended by the Commissioner for a further period not exceeding two months: Provided further that the tax shall be payable by the person returning the goods if such goods are liable to tax under this Act, and are returned after the period specified in this sub-section: Provided also that tax shall be payable by the person who has sent the goods on approval basis if such goods are liable to tax under this Act, and are not returned within the period specified in this subsection. (13) Where a supplier has made any sale of goods in respect of which tax was required to be deducted at source under the Puducherry Value Added Tax Act, 2007 and has also issued an invoice for the same before the appointed day, no deduction of tax at source under section 51 shall be made by the deductor under the said section where payment to the said supplier is made on or after the appointed day. (14) Where any goods or capital goods belonging to the principal are lying at the premises of the agent on the appointed day, the agent shall be entitled to take credit of the tax paid on such goods or capital goods subject to fulfilment of the following conditions: (i) the agent is a registered taxable person under this Act; (ii) both the principal and the agent declare the details of stock of goods or capital goods lying with such agent on the day immediately preceding the appointed day in such form and manner and within such time as may be prescribed in this behalf; (iii) the invoices for such goods or capital goods had been issued not earlier than twelve months immediately preceding the appointed day; and (iv) the principal has either reversed or not availed of the input tax credit in respect of such,- (a) goods; or (b) capital goods or, having availed of such credit, has reversed the said credit, to the extent availed of by him. Explanation. - For the purposes of this Chapter, the expression "capital goods" shall have the same meaning as assigned to i t in the Puducherry Value Added Tax Act, 2007. Chapter XXI Miscellaneous ------------------------------ ### 143. Job work procedure. (1) A registered person (hereafter in this section referred to as the "principal") may, under intimation and subject to such conditions as may be prescribed, send any inputs or capital goods, without payment of tax, to a job-worker for job-work and from there subsequently send to another job-worker and likewise, and shall, - (a) bring back inputs, after completion of jobwork or otherwise, or capital goods, other than moulds and dies, jigs and fixtures, or tools, within one year and three years, respectively, of their being sent out, to any of his place of business, without payment of tax; (b) supply such inputs, after completion of jobwork or otherwise, or capital goods, other than moulds and dies, jigs and fixtures, or tools, within one year and three years, respectively, of their being sent out from the place of business of a jobworker on payment of tax within India, or with or without payment of tax for export, as the case may be: Provided that the principal shall not supply the goods from the place of business of a job-worker in accordance with the provisions of this clause unless the said principal declares the place of business of the job-worker as his additional place of business except in a case - (i) where the job-worker is registered under section 25; or (ii) where the principal is engaged in the supply of such goods as may be notified by the Commissioner. (2) The responsibility for keeping proper accounts for the inputs or capital goods shall lie with the principal. (3) Where the inputs sent for job-work are not received back by the principal after completion of jobwork or otherwise in accordance with the provisions of clause (a) of sub-section (1) or are not supplied from the place of business of the job-worker in accordance with the provisions of clause (b) of sub-section (1) within a period of one year of their being sent out, it shall be deemed that such inputs had been supplied by the principal to the job-worker on the day when the said inputs were sent out. (4) Where the capital goods, other than moulds and dies, jigs and fixtures, or tools, sent for job-work are not received back by the principal in accordance with the provisions of clause (a) of sub-section (1) or are not supplied from the place of business of the jobworker in accordance with the provisions of clause (b) of sub-section (1) within a period of three years of their being sent out, it shall be deemed that such capital goods had been supplied by the principal to the job-worker on the day when the said capital goods were sent out. (5) Notwithstanding anything contained in subsections (1) and (2), any waste and scrap generated during the job-work may be supplied by the job-worker directly from his place of business on payment of tax, if such job-worker is registered, or by the principal, if the job-worker is not registered. Explanation. - For the purposes of job-work, input includes intermediate goods arising from any treatment or process carried out on the inputs by the principal or the job-worker. ### 144. Presumption as to documents in certain cases. - Where any document - (i) is produced by any person under this Act or any other law for the time being in force; or (ii) has been seized from the custody or control of any person under this Act or any other law for the time being in force; or (iii) has been received from any place outside India in the course of any proceedings under this Act or any other law for the time being in force, and such document is tendered by the prosecution in evidence against him or any other person who is tried jointly with him, the court shall - (a) unless the contrary is proved by such person, presume - (i) the truth of the contents of such document; (ii) that the signature and every other part of such document which purports to be in the handwriting of any particular person or which the court may reasonably assume to have been signed by, or to be in the handwriting of, any particular person, is in that person's handwriting, and in the case of a document executed or attested, that it was executed or attested by the person by whom it purports to have been so executed or attested; (b) admit the document in evidence notwithstanding that it is not duly stamped, if such document is otherwise admissible in evidence. ### 145. Admissibility of micro films, facsimile copies of documents and computer printouts as documents and as evidence. (1) Notwithstanding anything contained in any other law for the time being in force, - (a) a micro film of a document or the reproduction of the image or images embodied in such micro film (whether enlarged or not); or (b) a facsimile copy of a document; or (c) a statement contained in a document and included in a printed material produced by a computer, subject to such conditions as may be prescribed; or (d) any information stored electronically in any device or media, including any hard copies made of such information, shall be deemed to be a document for the purposes of this Act and the rules made thereunder and shall be admissible in any proceedings thereunder, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible. (2) In any proceedings under this Act or the rules made there under , where it is desired to give a statement in evidence by virtue of this section, a certificate, - (a) identifying the document containing the statement and describing the manner in which it was produced; (b) giving such particulars of any device involved in the production of that document as may be appropriate for the purpose of showing that the document was produced by a computer, shall be evidence of any matter stated in the certificate and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it. ### 146. Common Portal. - The Government may, on the recommendations of the Council, notify the Common Goods and Services Tax Electronic Portal for facilitating registration, payment of tax, furnishing of returns, computation and settlement of integrated tax, electronic way bill and for carrying out such other functions and for such purposes as may be prescribed. ### 147. Deemed Exports. - The Government may, on the recommendations of the Council, notify certain supplies of goods as "deemed exports", where goods supplied do not leave India, and payment for such supplies is received either in Indian rupees or in convertible foreign exchange, if such goods are manufactured in India. ### 148. Special procedure for certain processes. - The Government may, on the recommendations of the Council, and subject to such conditions and safeguards as may be prescribed, notify certain classes of registered persons, and the special procedures to be followed by such persons including those with regard to registration, furnishing of return, payment of tax and administration of such persons. ### 149. Goods and services tax compliance rating. (1) Every registered person may be assigned a goods and services tax compliance rating score by the Government based on his record of compliance with the provisions of this Act. (2) The goods and services tax compliance rating score may be determined on the basis of such parameters as may be prescribed. (3) The goods and services tax compliance rating score may be updated at periodic intervals and intimated to the registered person and also placed in the public domain in such manner as may be prescribed. ### 150. Obligation to furnish information return. (1) Any person, being - (a) a taxable person; or (b) a local authority or other public body or association; or (c) any authority of the State Government responsible for the collection of value added tax or sales tax or State excise duty or an authority of the Central Government responsible for the collection of excise duty or customs duty; or (d) an income tax authority appointed under the provisions of the Income-tax Act, 1961; or (e) a banking company within the meaning of clause (a) of section 45A of the Reserve Bank of India Act, 1934; or (f) a State Electricity Board or an electricity distribution or transmission licensee under the Electricity Act, 2003, or any other entity entrusted with such functions by the Central Government or the State Government; or (g) the Registrar or Sub-Registrar appointed under section 6 of the Registration Act, 1908; or (h) a Registrar within the meaning of the Companies Act, 2013; or (i) the registering authority empowered to register motor vehicles under the Motor Vehicles Act, 1988; or (j) the Collector referred to in clause (c) of section 3 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; or (k) the recognised stock exchange referred to in clause (f) of section 2 of the Securities Contracts (Regulation) Act, 1956; or (l) a depository referred to in clause (e) of sub-section (1) of section 2 of the Depositories Act, 1996; or (m) an officer of the Reserve Bank of India as constituted under section 3 of the Reserve Bank of India Act, 1934; or (n) the Goods and Services Tax Network, a company registered under the Companies Act, 2013; or (o) a person to whom a Unique Identity Number has been granted under sub-section (9) of section 25; or (p) any other person as may be specified, on the recommendations of the Council, by the Government, who is responsible for maintaining record of registration or statement of accounts or any periodic return or document containing details of payment of tax and other details of transaction of goods or services or both or transactions related to a bank account or consumption of electricity or transaction of purchase, sale or exchange of goods or property or right or interest in a property under any law for the time being in force, shall furnish an information return of the same in respect of such periods, within such time, in such form and manner and to such authority or agency as may be prescribed. (2) Where the Commissioner, or an officer authorised by him in this behalf, considers that the information furnished in the information return is defective, he may intimate the defect to the person who has furnished such information return and give him an opportunity of rectifying the defect within a period of thirty days from the date of such intimation or within such further period which, on an application made in this behalf, the said authority may allow and if the defect is not rectified within the said period of thirty days or, the further period so allowed, then, notwithstanding anything contained in any other provisions of this Act, such information return shall be treated as not furnished and the provisions of this Act shall apply. (3) Where a person who is required to furnish information return has not furnished the same within the time specified in sub-section (1) or sub-section (2), the said authority may serve upon him a notice requiring furnishing of such information return within a period not exceeding ninety days from the date of service of the notice and such person shall furnish the information return. ### 151. Power to collect statistics. (1) The Commissioner may, if he considers that it is necessary so to do, by notification, direct that statistics may be collected relating to any matter dealt with by or in connection with this Act. (2) Upon such notification being issued, the Commissioner, or any person authorised by him in this behalf, may call upon the concerned persons to furnish such information or returns, in such form and manner as may be prescribed, relating to any matter in respect of which statistics is to be collected. ### 152. Bar on disclosure of information. (1) No information of any individual return or part thereof with respect to any matter given for the purposes of section 150 or section 151 shall, without the previous consent in writing of the concerned person or his authorised representative, be published in such manner so as to enable such particulars to be identified as referring to a particular person and no such information shall be used for the purpose of any proceedings under this Act. (2) Except for the purposes of prosecution under this Act or any other Act for the time being in force, no person who is not engaged in the collection of statistics under this Act or compilation or computerisation thereof for the purposes of this Act, shall be permitted to see or have access to any information or any individual return referred to in section 151. (3) Nothing in this section shall apply to the publication of any information relating to a class of taxable persons or class of transactions, if in the opinion of the Commissioner, it is desirable in the public interest to publish such information. ### 153. Taking assistance from an expert. - Any officer not below the rank of Assistant Commissioner may, having regard to the nature and complexity of the case and the interest of revenue, take assistance of any expert at any stage of scrutiny, inquiry, investigation or any other proceedings before him. ### 154. Power to take samples. - The Commissioner or an officer authorised by him may take samples of goods from the possession of any taxable person, where he considers it necessary, and provide a receipt for any samples so taken. ### 155. Burden of proof. - Where any person claims that he is eligible for input tax credit under this Act, the burden of proving such claim shall lie on such person. ### 156. Persons deemed to be public servants. - All persons discharging functions under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. ### 157. Protection of action taken under this Act. (1) No suit, prosecution or other legal proceedings shall lie against the President, State President, Members, officers or other employees of the Appellate Tribunal or any other person authorised by the said Appellate Tribunal for anything which is in good faith done or intended to be done under this Act or the rules made thereunder. (2) No suit, prosecution or other legal proceedings shall lie against any officer appointed or authorised under this Act for anything which is done or intended to be done in good faith under this Act or the rules made thereunder. ### 158. Disclosure of information by a public servant. (1) All particulars contained in any statement made, return furnished or accounts or documents produced in accordance with this Act, or in any record of evidence given in the course of any proceedings under this Act (other than proceedings before a criminal court), or in any record of any proceedings under this Act shall, save as provided in sub-section (3), not be disclosed. (2) Notwithstanding anything contained in the Indian Evidence Act, 1872, no court shall, save as otherwise provided in sub-section (3), require any officer appointed or authorised under this Act to produce before it or to give evidence before it in respect of particulars referred to in sub-section (1). (3) Nothing contained in this section shall apply to the disclosure of, - (a) any particulars in respect of any statement, return, accounts, documents, evidence, affidavit or deposition, for the purpose of any prosecution under the Indian Penal Code or the Prevention of Corruption Act, 1988, or any other law for the time being in force; or (b) any particulars to the Central Government or the State Government or to any person acting in the implementation of this Act, for the purposes of carrying out the objects of this Act; or (c) any particulars when such disclosure is occasioned by the lawful exercise under this Act of any process for the service of any notice or recovery of any demand; or (d) any particulars to a civil court in any suit or proceedings, to which the Government or any authority under this Act is a party, which relates to any matter arising out of any proceedings under this Act or under any other law for the time being in force authorising any such authority to exercise any powers thereunder; or (e) any particulars to any officer appointed for the purpose of audit of tax receipts or refunds of the tax imposed by this Act; or (f) any particulars where such particulars are relevant for the purposes of any inquiry into the conduct of any officer appointed or authorised under this Act, to any person or persons appointed as an inquiry officer under any law for the time being in force; or (g) any such particulars to an officer of the Central Government or of any State Government, as may be necessary for the purpose of enabling that Government to levy or realise any tax or duty; or (h) any particulars when such disclosure is occasioned by the lawful exercise by a public servant or any other statutory authority, of his or its powers under any law for the time being in force; or (i) any particulars relevant to any inquiry into a charge of misconduct in connection with any proceedings under this Act against a practising advocate, a tax practitioner, a practising cost accountant, a practising chartered accountant, a practising company secretary to the authority empowered to take disciplinary action against the members practising the profession of a legal practitioner, a cost accountant, a chartered accountant or a company secretary, as the case may be; or (j) any particulars to any agency appointed for the purposes of data entry on any automated system or for the purpose of operating, upgrading or maintaining any automated system where such agency is contractually bound not to use or disclose such particulars except for the aforesaid purposes; or (k) any such particulars to an officer of the Government as may be necessary for the purposes of any other law for the time being in force; and (l) any information relating to any class of taxable persons or class of transactions for publication, if, in the opinion of the Commissioner, it is desirable in the public interest, to publish such information. ### 159. Publication of information in respect of persons in certain cases. (1) If the Commissioner, or any other officer authorised by him in this behalf, is of the opinion that it is necessary or expedient in the public interest to publish the name of any person and any other particulars relating to any proceedings or prosecution under this Act in respect of such person, it may cause to be published such name and particulars in such manner as it thinks fit. (2) No publication under this section shall be made in relation to any penalty imposed under this Act until the time for presenting an appeal to the Appellate Authority under section 107 has expired without an appeal having been presented or the appeal, if presented, has been disposed of. Explanation. - In the case of firm, company or other association of persons, the names of the partners of the firm, directors, managing agents, secretaries and treasurers or managers of the company, or the members of the association, as the case may be, may also be published if, in the opinion of the Commissioner, or any other officer authorised by him in this behalf, circumstances of the case justify it. ### 160. Assessment proceedings, etc., not to be invalid on certain grounds. (1) No assessment, re-assessment, adjudication, review, revision, appeal, rectification, notice, summons or other proceedings done, accepted, made, issued, initiated, or purported to have been done, accepted, made, issued, initiated in pursuance of any of the provisions of this Act shall be invalid or deemed to be invalid merely by reason of any mistake, defect or omission therein, if such assessment, re-assessment, adjudication, review, revision, appeal, rectification, notice, summons or other proceedings are in substance and effect in conformity with or according to the intents, purposes and requirements of this Act or any existing law. (2) The service of any notice, order or communication shall not be called in question, if the notice, order or communication, as the case may be, has already been acted upon by the person to whom it is issued or where such service has not been called in question at or in the earlier proceedings commenced, continued or finalised pursuant to such notice, order or communication. ### 161. Rectification of errors apparent on the face of record. - Without prejudice to the provisions of section 160, and notwithstanding anything contained in any other provisions of this Act, any authority, who has passed or issued any decision or order or notice or certificate or any other document, may rectify any error which is apparent on the face of record in such decision or order or notice or certificate or any other document, either on its own motion or where such error is brought to its notice by any officer appointed under this Act or an officer appointed under the Central Goods and Services Tax Act or by the affected person within a period of three months from the date of issue of such decision or order or notice or certificate or any other document, as the case may be: Rectification of errors apparent on the face of record. Provided that no such rectification shall be done after a period of six months from the date of issue of such decision or order or notice or certificate or any other document: Provided further that the said period of six months shall not apply in such cases where the rectification is purely in the nature of correction of a clerical or arithmetical error, arising from any accidental slip or omission: Provided also that where such rectification adversely affects any person, the principles of natural justice shall be followed by the authority carrying out such rectification. ### 162. Bar on jurisdiction of civil courts. - Save as provided in sections 117 and 118, no civil court shall have jurisdiction to deal with or decide any question arising from or relating to anything done or purported to be done under this Act. ### 163. Levy of fee. - Wherever a copy of any order or document is to be provided to any person on an application made by him for that purpose, there shall be paid such fee as may be prescribed. ### 164. Power of Government to make rules. (1) The Government may, on the recommendations of the Council, by notification, make rules for carrying out the provisions of this Act. (2) Without prejudice to the generality of the provisions of sub-section (1), the Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provisions are to be or may be made by rules. (3) The power to make rules conferred by this section shall include the power to give retrospective effect to the rules or any of them from a date not earlier than the date on which the provisions of this Act come into force. (4) Any rules made under sub-section (1) or sub-section (2) may provide that a contravention thereof shall be liable to a penalty not exceeding ten thousand rupees. ### 165. Power to make regulations. - The Government may, by notification, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act. ### 166. Laying of rules, regulations and notifications. - Every rule made by the Government, every regulation made by the Government and every notification issued by the Government under this Act, shall be laid, as soon as may be after it is made or issued, before the State Legislature, 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, the State Legislature agrees in making any modification in the rule or regulation or in the notification, as the case may be, or the State Legislature agrees that the rule or regulation or the notification should not be made, the rule or regulation or notification, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or notification, as the case may be. ### 167. Delegation of powers. - The Commissioner may, by notification, direct that subject to such conditions, if any, as may be specified in the notification, any power exercisable by any authority or officer under this Act may be exercisable also by another authority or officer as may be specified in such notification. ### 168. Power to issue instructions or directions. - The Commissioner may, if he considers it necessary or expedient so to do for the purpose of uniformity in the implementation of this Act, issue such orders, instructions or directions to the State tax officers as it may deem fit, and thereupon all such officers and all other persons employed in the implementation of this Act shall observe and follow such orders, instructions or directions. ### 169. Service of notice in certain circumstances. (1) Any decision, order, summons, notice or other communication under this Act or the rules made thereunder shall be served by any one of the following methods, namely:- (a) by giving or tendering it directly or by a messenger including a courier to the addressee or the taxable person or to his manager or authorised representative or an advocate or a tax practitioner holding authority to appear in the proceedings on behalf of the taxable person or to a person regularly employed by him in connection with the business, or to any adult member of family residing with the taxable person; or (b) by registered post or speed post or courier with acknowledgement due, to the person for whom it is intended or his authorised representative, if any, at his last known place of business or residence; or (c) by sending a communication to his e-mail address provided at the time of registration or as amended from time to time; or (d) by making it available on the common portal; or (e) by publication in a newspaper circulating in the locality in which the taxable person or the person to whom it is issued is last known to have resided, carried on business or personally worked for gain; or (f) if none of the modes aforesaid is practicable, by affixing it in some conspicuous place at his last known place of business or residence and if such mode is not practicable for any reason, then by affixing a copy thereof on the notice board of the office of the concerned officer or authority who or which passed such decision or order or issued such summons or notice. (2) Every decision, order, summons, notice or any communication shall be deemed to have been served on the date on which it is tendered or published or a copy thereof is affixed in the manner provided in sub-section (1). (3) When such decision, order, summons, notice or any communication is sent by registered post or speed post, it shall be deemed to have been received by the addressee at the expiry of the period normally taken by such post in transit unless the contrary is proved. ### 170. Rounding off of tax, etc. - The amount of tax, interest, penalty, fine or any other sum payable, and the amount of refund or any other sum due, under the provisions of this Act shall be rounded off to the nearest rupee and, for this purpose, where such amount contains a part of a rupee consisting of paise, then, if such part is fifty paise or more, it shall be increased to one rupee and if such part is less than fifty paise it shall be ignored. ### 171. Anti-profiteering measure. (1) Any reduction in rate of tax on any supply of goods or services or the benefit of input tax credit shall be passed on to the recipient by way of commensurate reduction in prices. (2) The Central Government may, on recommendations of the Council, by notification, constitute an Authority, or empower an existing Authority constituted under any law for the time being in force, to examine whether input tax credits availed by any registered person or the reduction in the tax rate have actually resulted in a commensurate reduction in the price of the goods or services or both supplied by him. (3) The Authority referred to in sub-section (2) shall exercise such powers and discharge such functions as may be prescribed. ### 172. Removal of difficulties. (1) If any difficulty arises in giving effect to any provisions of this Act, the Government may, on the recommendations of the Council, by a general or a special order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act or the rules or regulations made thereunder, as may be necessary or expedient for the purpose of removing the said difficulty: Provided that no such order shall be made after the expiry of a period of three years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be, after it is made, before the State Legislature. ### 173. Amendment of certain Acts. - Save as otherwise provided in this Act, on and from the date of commencement of this Act,- (1) in the Puducherry Municipalities Act, 1973, - (a) in section 118, in sub-section (1), in clause (a), sub-clause (iii) shall be omitted; (b) sections 152, 153, 154, 155, 156 and 157 shall be omitted; and (c) schedule-VII appended to the Act shall be omitted. (2) Save as otherwise provided in this Act , on and from the date of commencement of this Act , the provisions , under any State law, authorizing levy and collect ion of taxes or cess or surcharge by the Government or a Municipality or a Commune Panchayat or any other author ity shall stand annul led or rescinded or modified in as much as and to the extent such taxes are the subject matter of Entry 52, Entry 54, Entry 55 and Entry 62 of the State List of the Seventh Schedule of the Constitution, as amended by the Constitution (One Hundredth and First Amendment) Act, 2016. ### 174. Repeal and saving. (1) Save as otherwise provided in this Act, on and from the date of commencement of this Act, (i) The Puducherry Value Added Tax Act, 2007, except in respect of goods included in the Entry 54 of the State List of the Seventh Schedule to the Constitution, and (ii) The Puducherry Sugarcane Development and Levy of Cess Act, 1965, (hereafter referred to as the repealed Acts) are hereby repealed. (2) The repeal of the said Acts and the amendment of the Act specified in section 173 (hereafter referred to as "such amendment" or "amended Act", as the case may be) to the extent mentioned in sub-section (1) or section 173 shall not- (a) revive anything not in force or existing at the time of such amendment or repeal; or (b) affect the previous operation of the amended Acts or repealed Acts and orders or anything duly done or suffered thereunder; or (c) affect any right, privilege, obligation, or liability acquired, accrued or incurred under the amended Acts or repealed Acts or orders under such repealed or amended Acts: Provided that any tax exemption granted as an incentive against investment through a notification shall not continue as privilege if the said notification is rescinded on or after the appointed day; or (d) affect any tax, surcharge, penalty, fine, interest as are due or may become due or any forfeiture or punishment incurred or inflicted in respect of any offence or violation committed against the provisions of the amended Acts or repealed Acts; or (e) affect any investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and any other legal proceedings or recovery of arrears or remedy in respect of any such tax, surcharge, penalty, fine, interest, right, privilege, obligation, liability, forfeiture or punishment, as aforesaid, and any such investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and other legal proceedings or recovery of arrears or remedy may be instituted, continued or enforced, and any such tax, surcharge, penalty, fine, interest, forfeiture or punishment may be levied or imposed as if these Acts had not been so amended or repealed; or (f) affect any proceedings including that relating to an appeal, revision, review or reference, instituted before, on or after the appointed day under the said amended Acts or repealed Acts and such proceedings shall be continued under the said amended Acts or repealed Acts as if this Act had not come into force and the said Acts had not been amended or repealed. (3) Notwithstanding anything contained in this section, any action or proceedings already initiated by invoking the powers vested under section 81 of the Puducherry Value Added Tax Act, 2007 shall continue to be valid till the final disposal of the proceedings. (4) The mention of the particular matters referred to in section 173 and sub-section (1) shall not be held to prejudice or affect the general application of section 2 of the Puducherry General Clauses Act, 1965 with regard to the effect of repeal. I --- [See section 7] Activities to be Treated as Supply even if made without Consideration ### 1. Permanent transfer or disposal of business assets where input tax credit has been availed on such assets. ### 2. Supply of goods or services or both between related persons or between distinct persons as specified in section 25, when made in the course or furtherance of business: Provided that gifts not exceeding fifty thousand rupees in value in a financial year by an employer to an employee shall not be treated as supply of goods or services or both. ### 3. Supply of goods - (a) by a principal to his agent where the agent undertakes to supply such goods on behalf of the principal; or (b) by an agent to his principal where the agent undertakes to receive such goods on behalf of the principal. ### 4. Import of services by a taxable person from a related person or from any of his other establishments outside India, in the course or furtherance of business. II ---- [See section 7] Activities to be Treated as Supply of Goods or Supply of Services ### 1. Transfer (a) any transfer of the title in goods is a supply of goods; (b) any transfer of right in goods or of undivided share in goods without the transfer of title thereof, is a supply of services; (c) any transfer of title in goods under an agreement which stipulates that property in goods shall pass at a future date upon payment of full consideration as agreed, is a supply of goods. ### 2. Land and Building (a) any lease, tenancy, easement, licence to occupy land is a supply of services; (b) any lease or letting out of the building including a commercial, industrial or residential complex for business or commerce, either wholly or partly, is a supply of services. ### 3. Treatment or process Any treatment or process which is applied to another person's goods is a supply of services. ### 4. Transfer of business assets (a) where goods forming part of the assets of a business are transferred or disposed of by or under the directions of the person carrying on the business so as no longer to form part of those assets, whether or not for a consideration, such transfer or disposal is a supply of goods by the person; (b) where, by or under the direction of a person carrying on a business, goods held or used for the purposes of the business are put to any private use or are used, or made available to any person for use, for any purpose other than a purpose of the business, whether or not for a consideration, the usage or making available of such goods is a supply of services; (c) where any person ceases to be a taxable person, any goods forming part of the assets of any business carried on by him shall be deemed to be supplied by him in the course or furtherance of his business immediately before he ceases to be a taxable person, unless - (i) the business is transferred as a going concern to another person; or (ii) the business is carried on by a personal representative who is deemed to be a taxable person. ### 5. Supply of services The following shall be treated as supply of services, namely: - (a) renting of immovable property; (b) construction of a complex, building, civil structure or a part thereof, including a complex or building intended for sale to a buyer, wholly or partly, except where the entire consideration has been received after issuance of completion certificate, where required, by the competent authority or after its first occupation, whichever is earlier. Explanation. - For the purposes of this clause - (1) the expression "competent authority" means the Government or any authority authorised to issue completion certificate under any law for the time being in force and in case of non-requirement of such certificate from such authority, from any of the following, namely:- (i) an architect registered with the Council of Architecture constituted under the Architects Act, 1972; or (ii) a chartered engineer registered with the Institution of Engineers (India); or (iii) a licensed surveyor of the respective local body of the city or town or village or development or planning authority; (2) the expression "construction" includes additions, alterations, replacements or remodeling of any existing civil structure; (c) temporary transfer or permitting the use or enjoyment of any intellectual property right; (d) development, design, programming, customisation, adaptation, upgradation, enhancement, implementation of information technology software; (e) agreeing to the obligation to refrain from an act, or to tolerate an act or a situation, or to do an act; and (f) transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration. ### 6. Composite supply The following composite supplies shall be treated as a supply of services, namely: - (a) works contract as defined in clause (119) of section 2; and (b) supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink (other than alcoholic liquor for human consumption), where such supply or service is for cash, deferred payment or other valuable consideration. ### 7. Supply of Goods The following shall be treated as supply of goods, namely: - Supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration. III ----- [See section 7] Activities or Transactions which shall be Treated neither as a Supply of Goods nor A Supply Of Services ### 1. Services by an employee to the employer in the course of or in relation to his employment. ### 2. Services by any court or Tribunal established under any law for the time being in force. ### 3. (a) the functions performed by the Members of Parliament, Members of State Legislature, Members of Panchayats, Members of Municipalities and Members of other local authorities; (b) the duties performed by any person who holds any post in pursuance of the provisions of the Constitution in that capacity; or (c) the duties performed by any person as a Chairperson or a Member or a Director in a body established by the Central Government or a State Government or local authority and who is not deemed as an employee before the commencement of this clause. ### 4. Services of funeral, burial, crematorium or mortuary including transportation of the deceased. ### 5. Sale of land and, subject to clause (b) of paragraph 5 of schedule II, sale of building. ### 6. Actionable claims, other than lottery, betting and gambling. Explanation. - For the purposes of paragraph 2, the term "court" includes District Court, High Court.
65b93390ab84c7eca86e8944	acts	State of Odisha - Act ----------------------- The Board of Revenue, Orissa Regulations, 1963 ------------------------------------------------ ODISHA India The Board of Revenue, Orissa Regulations, 1963 ================================================ Rule THE-BOARD-OF-REVENUE-ORISSA-REGULATIONS-1963 of 1963 ----------------------------------------------------------- * Published on 1 January 1963 * Commenced on 1 January 1963 The Board of Revenue, Orissa Regulations, 1963 Published vide Notification No. 1562/15.4.1963, Orissa Gazette Part 3/1963 Chapter I Preliminary -------------------------- ### 1. (i) These regulations may be called the Board of Revenue Orissa Regulations, 1963, (ii) They shall come into force at once. ### 2. In these regulations, unless the context or subject otherwise requires- (i) "Act" means the Orissa Board of Revenue Act, 1951; (ii) "Board" means the Board of Revenue constituted under Section 2 of the Act; (iii) "Member" means the Member, Board of Revenue; (iv) [ "Stamp Reporter-cum-Oath Commissioner" means an officer appointed as stamp reporter by the Board of Revenue and empowered under Sub-section (2) of Section 3 of the Oaths Act, 1969 by the High Court to administer oaths and affirmations for the purpose of the affidavits to be used in the judicial proceedings before the Board.] [Inserted vide Orissa Gazette Extraordinary Part-III/23.11.1984.] Chapter II Filing of appeals and applications for review and revision -------------------------------------------------------------------------- ### 3. When there is no express provision in the relevant enactment as to the period within which appeals or applications for revision to the Board may be filed, such appeal or application may be filed within ninety days from the date of the order appealed against or sought to be revised deducting the time occupied in obtaining a copy of the order appealed against or sought to be revised : Provided that the Board may for sufficient cause shown to its satisfaction by the appellant or petitioner for not filing the appeal or application for revision in time, admit an appeal or application for revision filed beyond ninety days. ### 4. In all appeals to the Board, the subject-matter of which can be referred to a particular law, the appellants may state specifically in their petitions the clauses and sections of the law under which they have a right of appeal. The same rule applies to petition for revision. ### 5. (a) Every appeal, application for review or revision shall be preferred in the form of a memorandum signed and dated by the appellant or applicant or his recognised agent or his counsel. (b) The memorandum shall set forth concisely and under distinct heads, the grounds of objection to the judgement or order appealed against or sought to be revised and such grounds shall be numbered consecutively. ### 6. With every appeal or application for review, an authenticated copy of the order appealed against or sought to be reviewed shall be filed. In case, however, of a petition for revision authenticated copies of the orders passed in all the lower Courts shall be filed. ### 7. An application for revision of appellate orders shall set out clearly- (i) how and in what manner the appellate Court has exercised a jurisdiction so vested, or (ii) the particular illegality or irregularity complained of, as the case may be. ### 8. (i) Unless otherwise directed by the Board, an appeal or, application for revision shall not operate as a stay of proceedings under an order appealed against or sought to be revised. (ii) separate petition duly affixed with court-fee stamp shall have to be filed to initiate the matter. ### 9. The appellant or petitioner shall not except by leave of the Board, urge or be heard in support of any ground of objection, not set forth in the memorandum of appeal or revision. But the Board, in deciding the appeal or revision petition, shall not confine itself to the grounds set forth in the memorandum : Provided that the Board shall not rest its decision on any other ground unless the party, which may be affected thereby, has had sufficient.opportunity of contesting the case on that ground. Chapter III Language in which appeals, etc. shall be written ----------------------------------------------------------------- ### 10. Appeal, review and revision applications to the Board shall be in the language in which the order appealed against or sought to be reviewed or revised is written. Other applications may be in English or any Court-language declared as such under Section 137 of the Civil Procedure Code, 1908. Chapter IV Manner of presentation of appeals and applications for review and revision ------------------------------------------------------------------------------------------ ### 11. (1) Appeal, review and revision applications shall, except in cases otherwise provided in any enactment for the time being in force, be presented by the appellant, petitioner or applicant, his recognised agent or counsel in the following manner- (i) at headquarters to the [Stamp-Reporter-cum-Oath Commissioner of] the Board of Revenue; (ii) [ in the absence of the Stamp Reporter-cum-Oath Commissioner-to the Section Officer in-charge of the Judicial Branch of the Board] [Substituted vide Orissa Gazette Part III/23.11.1.984.] . (2) The officer receiving the appeal, review or revision application or other application shall immediately make an endorsement on it under his signature and name of office, showing who presented it, the date of presentation and the correctness of the Court-fee stamps affixed. If the question of time appears likely to be relevant he shall also endorse the time at which he received it. (3) (a) Save as provided under Regulation 11 (1) appeals or applications for revision when presented to any other authority under any existing Acts, Rules or Orders, which allow such privileges for the purpose of being forwarded to the Board, shall be accompanied by unused postage stamps of requisite cost affixed to the open envelope containing the petition. (b) In all cases in which the Board has the power of revision, the petitions for revision shall be addressed to the Board direct and presented in the prescribed manner. ### 12. (i) Every memorandum of appeal or (application for revision or review or any other application when signed and presented by a Pleader or Advocate shall, at its foot, prescribe the following statement : "I certify that I have examined the record in the case and that in my opinion there are good grounds as above set forth for this appeal or application for revision and having prepared it, I undertake to appear and support the appeal before the competent Court, I hold no brief for the opposite party." (ii) In every case in which the petition of appeal is presented by the party in person or by his recognised agent, and a pleader or revenue agent is afterwards retained by such party to support his appeal. The pleader or revenue agent, before being allowed to appear to support the appeal, shall subscribe and file in Court the following statement, which shall be annexed to the petition of appeal : "I certify that I have examined the record and the grounds of appeal in this case and that, in my opinion the grounds of appeal are good, and I undertake to appear and support them before the Appellate Court. I hold no brief for the opposite party." ### 13. The memorandum of appeal or application for revision or other applications shall be accompanied by as many copies of such memorandum or applications as there are opposite parties for service on them. ### 14. No application sent by post shall be entertained unless there is specific provision in the relevant Act or Rules thereunder, to send them by post. Provided that the Member may, at his discretion in the interests of justice, receive an application sent by post or otherwise. Chapter V Process fee, removal of defects, etc. ---------------------------------------------------- ### 15. [ [Substituted vide Orissa Gazette Part III-A/7.3.1975.] (1) The officer receiving the appeal, review or revision applications shall examine them and where he finds that the memorandum of appeal or revision is not drawn in the manner hereinbefore prescribed or insufficiently stamped he shall direct the parties within a date to be fixed by him to rectify the defects, if any : Provided that if the defects in the memorandum of appeal application for revision is of minor nature the same may be rectified by the person concerned then and there in the presence of the Member of the officer receiving the appeal, review or revision application and such corrections or amendments shall be signed or initialled by the said officer. (2) Whether within the date fixed under Clause (1) the defects are removed or not, the appeal, the review or revision, as the case may be, shall be put up along with the objections of the party to the removal of defects, if any, by the officer receiving the same before the Board of Revenue for necessary orders. (3) Where the Board rejects the memorandum it shall record the reasons for such rejections.] ### 16. Appeal, review and revision petitions, when in order, shall be submitted to the member for admission and for passing orders for issue of notice for hearing appellant or applicant or both parties. Regard shall be had, in fixing the date of hearing, to the nature of the case, the time necessary for process and submission of report on the points raised in each case with the connected lower Court records with a view to avoid unnecessary adjournments. ### 17. When a case is ready for admission ordinarily written processes in the prescribed forms shall be called upon from the party or his counsel if it is not filed along with the appeals and revision. ### 18. A fee of rupee one and twelve naye paise shall be levied for each executive revenue process, whether directed to one or more persons, when they reside in the same village or town : but when they reside in different village(s) or town(s), separate fee of the same amount must be charged for service in each village or town. ### 19. Once a case is admitted, process fee for issue of notice to the opposite party shall be paid within seven days of the receipt of notice, failing which the case is liable to be dismissed for default. Chapter VI Issue of Notices -------------------------------- ### 20. (1) The Board shall not interfere with the orders of the local authorities till notice has been served on the respondents who are entitled to be heard in appeal. Such notice shall be served at the expense of the applicant, by the Collector of the district or such other authority on his receiving the necessary instructions. When a date of hearing is fixed by the Board, intimation of the date shall be given to the appellant, applicant, his counsel or to the parties. A notice informing the respondent of the date of hearing shall be served on him through the Collector or by the Board's Officer where he has a local agent (Barrister, Advocate or Revenue Agent) at Board's headquarters and the proof at service shall be filed in the record. (2) A similar notice of the date of hearing shall also be served on the appellant or his local agent unless either was present when the Member fixed the date. (3) The notice shall be in English when it is served locally on the agents of parties. In all other cases, the notice be in vernacular of the district to which the parties belong. ### 21. If any party to a case or proceeding before the Board does not appear on the date fixed for hearing, the Board may hear the case and determine in his absence and pass such orders as it considers fit. ### 22. (1) When an order is passed under Regulation 19, the party aggrieved may, within thirty days from the date of such order, apply to have it set aside on the ground that he was prevented by any sufficient cause from putting in the process fee within the prescribed period, if satisfied, may set aside the order of dismissal and restore the appeal. (2) Where any case or proceeding is heard and determined under Regulation 21 the party aggrieved, any party to such case or proceeding aggrieved by the order or determination, may within thirty days from the date of passing of such order apply to have it set aside on the ground that he was prevented by any sufficient cause from and hearing on the date fixed for hearing and the Board may after giving the opposite party or parties an opportunity of being heard, set aside the order and restore the same. ### 23. After a date for hearing has been fixed, the record of the lower Court together with all other connected papers and a report of the lower Court whose order is appealed against or is sought to be revised relating to the grounds of appeal or revision, as the Board may deem necessary, shall immediately be sent for, if not already received. ### 24. When records of proceedings pending in the lower Court are sent for, they shall be retained with the Board so long as it is absolutely necessary and returned to the lower Court and called back as convenience permits. Chapter VII Affidavits --------------------------- ### 25. The following petitions shall be accompanied by an affidavit made by the petitioner or his authorised agent - (i) for review made on the ground of the discovery of new and important evidence; (ii) for re-admission on restoration of an appeal or application dismissed in default of appearance; (iii) for substitution of parties. ### 26. Notwithstanding anything contained in Regulation 25 above, the Member may also call for an affidavit in any other matter in respect of which he has power to exercise his discretion or make any order. ### 27. Appearance before the Board shall be made by only those legal practitioners who are entitled to appear in the High Court of Judicature, Orissa. The Board may, however, relax the provision in any particular case. Chapter VIII Grounds for summary rejection ----------------------------------------------- ### 28. The appeals, revision and review petitions may be summarily rejected, if they are barred by limitation : Provided that before rejecting such petitions the Board shall give a chance to the party of being heard in the matter. Chapter IX Registration of cases and cause list ---------------------------------------------------- ### 29. (1) All memoranda of appeals, review and revision applications shall, after presentation in the proper form and bearing proper Court-fee stamps, be registered in the register of appeals or petitions. (2) These registers shall be maintained in the following forms namely: Register of appeals, reviews and revisions ### 1. Serial No. ### 2. Name and address of the parties ### 3. Name and office of the officer against whose decision appeal is made ### 4. Date of decision of lower Court ### 5. Date of institution of appeal ### 6. Date of order in appeal/review/revision ### 7. Purport of order and name of the Officer passing the order ### 8. Remarks (3) Separate registers in form prescribed in Clause (2) shall be maintained for appeals, review and revisions. (4) Petitions which refer to cases already instituted shall be entered in Register No. 27 prescribed under the Bihar and Orissa Register and Returns Manual. (5) Applications or documents which themselves initiate cases of miscellaneous nature for which no register has been prescribed shall be registered in the Register of Miscellaneous Cases which shall be maintained in the following form, namely : ### 1. Serial No. ### 2. Name of the applicant or nature of document occasioning the case ### 3. Abstract of case ### 4. Date of institution ### 5. Date of order ### 6. Remarks ### 30. One case diary in the prescribed High Court Form No. (R) -8 as far as practicable for various cases to be heard by the Member shall be maintained in the Board. ### 31. [(1) A register for court-fees realised shall be maintained in each of the different Courts of the Board in the prescribed High Court Form No. (R) 9, as modified from time to time. The account of Court-fees shall be checked periodically by the Under Security or a Gazetted. Officer of appropriate rank as may be authorised by the Board;] [Substituted vide Orissa Gazette Extraordinary No. 47, Part III-A/23.11.1984.] (2) It shall be the duty of the officer receiving the appeal, review and revision petitions to see that the Court-fee stamps affixed to applications are cancelled immediately on receipt of the memorandum by him. (3) On occasions inspection shall be made of documents that have been filed in order to ascertain that the stamps have been properly punched and defaced and have not been subsequently removed from the documents on which they have been used. The inspection shall be made at least once a quarter by the [Stamp Reporter-cum-Oath Commissioner of a Gazetted Officer of appropriate rank authorised for the purpose by the Board] [Substituted vide Orissa Gazette Extraordinary No. 47, Part III-A/23.11.1984.] . ### 32. (1) A list of cases fixed for hearing for the day before the Board shall be affixed to the notice board of its Court by 4 p.m. of the previous day. (2) A copy of the cause list hung up at the Board's office may be sent to the Secretary to the High Court Bar Association. ### 33. The Secretary of the Board shall notify daily on the notice board in the tabular form given below the result of a case decided by the Board: Table showing cases decided on............ By Shri............. Member, Board of Revenue \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| No. and class of the case \| Name of parties \| District from which the case arose \| Result in brief \| Remarks \| \| (1) \| (2) \| (3) \| (4) \| (5) \| ### 34. Subject to the provisions of the relevant enactments for the time being in force the Board shall have full power to determine the costs of and incidental to proceedings before it and to order by whom or out of what property and to what extent such costs are to be paid.
65b9c47aab84c7eca86e9eb1	acts	State of Madhya Pradesh - Act ------------------------------- The M.P. Vidyut Pradaya Upakram (Arjan) Adhiniyam, 1974 --------------------------------------------------------- MADHYA PRADESH India The M.P. Vidyut Pradaya Upakram (Arjan) Adhiniyam, 1974 ========================================================= Act 38 of 1974 ---------------- * Published on 7 September 1974 * Commenced on 7 September 1974 The M.P. Vidyut Pradaya Upakram (Arjan) Adhiniyam, 1974 (M.P. Act No. 38 of 1974 ) [Dated 7th September, 1974] Received the assent of the President on the 7th September, 1974; assent first published in the Madhya Pradesh Gazette (Extra-ordinary), dated the 10th September, 1974. An Act to provide for the acquisition of certain electricity supply undertakings. Be it enacted by the Madhya Pradesh Legislature in the Twenty-fifth Year of the Republic of India as follows :- Chapter I Preliminary -------------------------- ### 1. Short title, extent and commencement. (1) This Act may be called the Madhya Pradesh Vidyut Pradaya Upakram (Arjan) Adhiniyam, 1974. (2) It extends to the whole of Madhya Pradesh. (3) It shall come into force at once. ### 2. Declaration of State policy. - It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles specified in clause (b) of Article 39 of the Constitution of India. Explanation. - In this section, 'State' has the same meaning as in Article 12 of the Constitution. ### 3. Definitions. - In this Act, unless the context otherwise requires,- (a) "Annual Account" means the account of the undertaking rendered by the licensee in accordance with Section 11 of the Electricity Act; (b) "Board" means the Madhya Pradesh Electricity Board constituted under Section 5 of the Electricity Supply Act; (c) "Claims Officer" means the Officer appointed by the State Government as Claims Officer for the purposes of Section 14; (d) "Document" in relation to an undertaking includes its books, accounts, registers, maps and plans; (e) "Electricity Act" means the Indian Electricity Act, 1910 (No. 9 of 1910), as applicable to the State of Madhya Pradesh; (f) "Electricity Supply Act" means the Electricity (Supply) Act, 1948 (No. 54 of 1948), as applicable to the State of Madhya Pradesh; (g) "Fixed assets" includes works, spare parts, stores, tools, motors and other vehicles, office and other equipments and furniture; (h) "Licensee" in relation to an undertaking means the respective licensee company under the Electricity Act; (i) "Special Officer" means the Officer appointed as Special Officer under Section 13; (j) "Undertaking" means an electricity supply undertaking owned and managed by a licensee and specified in Schedule I; (k) "Vesting date" means the date of commencement of this Act; (l) "Works" include electric supply lines and any lands, buildings, machinery, apparatus and any other thing of whatever description required to supply energy to the public and to carry into effect the objects of the licence granted under the Electricity Act; (m) Words and expressions used herein and not defined shall have the meanings respectively assigned to them in the Electricity Act. ### 4. Notice for purchase of undertaking etc., under Electricity Act and Electricity Supply Act to lapse. - On the commencement of this Act, all notices of purchase of undertakings, if any, given to the licensees under the Electricity Act or the Electricity Supply Act and subsisting prior to such commencement shall lapse and be of no effect and any obligation arising in pursuance of any such notices for the purposes of such undertakings shall cease to exist, anything contained to the contrary in the Electricity Act or the Electricity Supply Act notwithstanding. Chapter II Acquisition of Undertakings ------------------------------------------- ### 5. Undertaking to vest in State Government. - On the vesting date, all the undertakings shall, by virtue of this Act, stand transferred to, and vested in, the State Government. ### 6. General effect of vesting under Section 5. (1) The undertaking shall be deemed to include,- (a) all fixed assets, rights, powers, authorities and privileges, and all property, movable and immovable, cash balances, bank balances including deposits therein of whatever nature, reserve funds, securities, investments and all other rights and interests in or arising out of such property as were immediately before the vesting date in the ownership, possession, power or control of (he licensee and all documents of whatever nature relating thereto; and (b) all liabilities and obligations of the licensee accruing on or after the vesting date under any contract entered into bona fide before the vesting date, not being a contract relating to the borrowing and lending of money or to the employment of the staff. (2) The State Government shall, by force of vesting in it of the undertaking under Section 5, be deemed to have entered into possession of all the property included as aforesaid in the undertaking as from the vesting date and it shall be lawful for any officer duly authorised by the State Government in this behalf to take physical possession of such property and in doing so to use such force to remove obstruction, if any, as he may deem necessary for the purpose. (3) Every liability of the licensee in respect of any period prior to the vesting date, shall be the liability of such licensee and shall be enforceable against the licensee and not against the State Government or the Board. (4) For the removal of doubts it is hereby declared that,- (a) save as otherwise provided elsewhere in this Act, no claim for wages, bonus, rent, taxes, provident fund, pension, gratuity or any other dues in relation to the undertaking in respect of any period prior to the vesting date, shall be unforceable against the State Government or the Board; (b) no award, decree or order of any Court, Tribunal or other authority in relation to the undertaking passed after the vesting date but in relation to any matter, claim or dispute which arise before that date, shall be enforceable against the State Government or the Board; (c) no liability for the contravention before the vesting date, of any provision of law, for the time being in force, shall be enforceable against the State Government or the Board. (5) In the case of an undertaking which vests in the State Government under this Act, licence granted to it under Part II of the Electricity Act shall be deemed to have been terminated on the vesting date and all the rights, liabilities and obligations of the licensee under any agreement to supply electricity entered into before the date shall devolve or shall be deemed to have devolved on the State Government : Provided that where any such agreement is not in conformity with the rates and conditions of supply approved by the State Government and in force on the vesting date, the agreement shall be voidable at the option of the State Government. ### 7. Properties vested in State Government to be freed from mortgages, etc. (1) All property which vests in the State Government under this Chapter shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other encumbrances affecting it and any attachment, injunction or decree or order of any Court restricting the use of such property in any manner shall be deemed to have been withdrawn. (2) No mortgage, charge, lien or other interest referred to in sub-section (1) shall be enforceable against any property which has vested in the State Government. ### 8. Contracts in bad faith may be cancelled or varied. (1) If the State Government is satisfied, after such enquiry as it may think fit, that any contract or agreement other than a contract of employment entered into at any time on or after the 1st July, 1972, between the licensee or his agents or manager of the undertaking and any other persons, in so far as such contract or agreement relates the undertaking has been entered into bad faith or is detrimental to the interest of the undertaking it may make an order cancelling or varying (either unconditionally or subject to such conditions as it may think fit to impose) such contract or agreement and thereafter the contract or agreement shall have effect accordingly : Provided that no contract or agreement shall be cancelled or varied without giving the parties to the contract or agreement reasonable opportunity of being heard. (2) Any person aggrieved by an order under sub-section (1) may make an application to the Principal Court of Civil Jurisdiction within the local limits of whose jurisdiction the undertaking is situated for the variation or reversal of such order and thereupon such Court may confirm, modify or reverse such order. (3) Without prejudice to the right of the State Government to cancel or vary any contract or agreement as provided in sub-section (1), where the State Government is of the opinion that the licensee has on or after 1st July, 1972, disposed of any property whether by way of sale, exchange, gift, lease or otherwise or incurred any expenditure, liability or obligation otherwise than in normal course of events with a view to benefit unduly the licensee or some other person and thereby caused loss to the State Government as succeeding owner of the undertaking, the State Government shall be entitled to claim deduction under Section 12 towards the loss sustained by the State Government. ### 9. Power of State Government to direct vesting of the undertaking in Board. (1) Notwithstanding anything contained in Sections 5 and 6, the State Government may, by order in writing direct that the undertaking of the licensee together with all its properties and fixed assets specified in sub-section (1) of Section 6 shall, instead of continuing to vest in the State Government, vest in the Board on such terms and conditions and from such date (not being a date earlier than the vesting date) as may be specified in that direction. (2) Where an order vesting the undertaking in the Board is made under sub-section (1), all the rights, liabilities and obligations of the State Government in relation to the undertaking shall, on and from the date of such vesting, be deemed to have become the rights, liabilities and obligations, respectively of the Board. Chapter III Payment Of Amount ---------------------------------- ### 10. Payment of amount. (1) The licensee of every undertaking shall be given by the State Government an amount determined in accordance with the provisions of this Chapter, for vesting in it, under Section 5, of the undertaking of the licensee. (2) The amount payable to the licensee of the undertaking under sub-section (1) shall be the amount arrived at in accordance with the provisions of this Chapter after deducting from the gross amount specified in Section 11, the deductions specified in Section 12. (3) Subject to the provisions of Section 14, the amount payable under sub-section (I) shall be payable in cash either in lump sum or in annual instalments as the State Government may fix or in bonds or partly in cash and partly in bonds or in such other manner as may be prescribed. (4) Where any amount is payable in instalments or otherwise under the provisions of this section, the unpaid amount where its payment has become due, shall carry interest at the current Reserve Bank rate plus one per cent from the vesting date. ### 11. Gross amount. - The gross amount shall be the aggregate value of the amounts specified below :- (i) the book value of all completed works in beneficial use pertaining to the undertaking and taken over by the State Government (excluding works paid for by consumers) less depreciation calculated in accordance with Schedule II; (ii) the book value of all works in progress taken over by the State Government excluding works paid for by consumers or prospective consumers; (iii) the book value of all stores including spare parts taken over by the State Government and in the case of used stores and spare parts, if taken over, such sum as may be decided upon by the Special Officer; (iv) the book value of all over fixed assets in use on the vesting date and taken over by the State Government less depreciation calculated in accordance with Schedule II; (v) the book value of all plants and equipments existing on the vesting date and taken over by the State Government but no longer in use owing to wear and tear or to obsolescence to the extent such value has not been written off in the books of the licensee less depreciation calculated in accordance with Schedule II; (vi) the amount of cash balance, whether in Bank or otherwise, and value of securities vesting in the State Government under Sections 5 and 6; (vii) the amount due from consumers in respect of every hire purchase agreement less a sum which bears to the difference between the total amount of the instalments and the original cost of the material or equipment, the same proportion as the amount due bears to the total amount of the instalments; (viii) any amount paid in advance by the licensee in respect of any contract the benefit of which is to accrue to the State Government or the Board after the vesting date; (ix) the amount of solatium equal to 10 per cent of the amount assessed under clauses (i) to (iv) above. Explanation. - (1) The book value of any fixed asset mean its original cost and shall comprise; (i) the purchase price paid by the licensee for the fixed asset including the cost of delivery and all charges properly incurred in erecting and bringing the fixed asset into beneficial use as shown in the book of the undertaking; and (ii) the cost of supervision actually incurred but not exceeding fifteen per cent of the amount referred to in paragraph (i)- (2) Where any fixed asset or other property is acquired by the licensee after the expiry of the period to which the latest annual accounts relate, the book value of the fixed asset or such property shall be such sum as may be decided upon by the Special Officer. ### 12. Deductions. - The deduction referred to in Section 10 shall be as specified below,- (a) the amount, if any, that may be paid in advance to the licensee by the State Government or the Board after the vesting date; (b) the amount, if any, specified in sub-section (3) of Section 8; (c) the amount due, if any, including interest thereon, from the licensee to the Board for energy supplied by the Board before the vesting date and any other charges due from the licensee; (d) all amounts including loans and advances and arrears of interest, if any, thereon, due from the licensee to the State Government or to the Board; (e) the amount, if any equivalent to the loss sustained by the State Government by reason of any property or rights belonging to the undertaking not having been handed over to the State Government, the amount of such loss being deemed to be the amount by which the market value of such property or the rights exceeds the amount payable therefor under this Act together with any income which might have been realised by the State Government, if the property or rights had been handed over on the vesting date; (f) the amount of all loans due from the licensee to any financial institutions constituted by or under the authority of the State Government and arrears of interest, if any, thereon; (g) all sums paid by consumers by way of security deposit and arrears of interest due thereon on the vesting date, in so far as they have not been paid over by the licensee to the State Government, less the amounts which according to the books of the licensee are due from such consumers to the licensee for energy supplied by him before the date; (h) all advances from consumers and prospective consumers and all sums which have been or ought to be set aside to the credit of the consumers fund, in so far as such advances or sums have not been paid over by the licensee to the State Government; (i) the amounts remaining in Tariffs and Dividends Control Reserve, Contingencies Reserve and the Development Reserve, in so far as such amounts have not been paid over to the State Government and the amounts remaining in such other reserves, statutory or non-statutory, as were created to discharge such deferred liabilities or obligations of the undertaking as may devolve on the State Government as a result of vesting under this Act; (j) the amounts, if any, relating to debts, mortgages or obligations as mentioned in Section 7; (k) such sums as are found necessary to meet the obligations of licensee towards its employees under Section 15; (l) amount which the licensee may have failed to pay in respect of either the employer's contribution or employee's contribution realised by the licensee as employer under the Employees Provident Fund Act, 1952 (No. 19 of 1952) or the Employees State Insurance Act, 1948 (No. 34 of 1948) in respect of persons employed in connection with the undertaking immediately before the vesting date; (m) all sums due to any employee towards wages or salary, bonus or any other payment in respect of service rendered to the licensees and any compensation payable to any worker under any provisions of Chapter V-A of the Industrial Disputes Act, 1947 (No. 14 of 1947); (n) all sums due to any employee in respect of provident fund, pension fund or gratuity fund or any other fund established for the welfare of the employees of the licensees; (o) sums due in respect of any compensation or liability under the Workmen's Compensation Act, 1923 (No. 8 of 1923) in respect of the death or disablement of any employee of the licensee unless such licensee has under such contract with the insurer as mentioned in Section 15 of the said Act, rights capable of being transferred to and vested in the workmen; (p) the amounts, if any, relating to taxes, duties, cesses, rates or any amount of like nature due from the licensee' to the State Government and other local bodies; (q) amounts which are already due from or become due from the licensees in respect of their transactions up to and inclusive of the vesting date under the Income Tax Act, 1961 (No. 43 of 1961), the Excess Profits Tax Act, 1940 (No. 15 of 1940), the Business Profits Tax Act, 1947 (No. 21 of 1947). the Indian Income Tax Act, 1922 (No. 11 of 1922), the Wealth Tax Act, 1957 (No. 27 of 1957), the Expenditure Tax Act, 1957 (No. 29 of 1957), the Gift Tax Act. 1958 (No. 18 of 1958), the Super Profits Tax Act, 1963 ( No. 14 of 1963 ), and the Companies (Profits) Sur Tax Act, 1964 (No. 7 of 1964); (r) such sums as are found necessary to meet other liabilities and obligations of the licensee which are found to be legitimately due from the licensee where such liabilities and obligations are likely to devolve on the State Government as a result of vesting under this Act. ### 13. Appointment of Special Officer and his powers. (1) The State Government shall appoint, by order in writing, a person having adequate knowledge and experience in matters relating to valuation and accounts as Special Officer to assess the amount payable to the licensee under Section 10. (2) The Special Officer shall determine and assess the gross amount and deductions, as specified in Sections 11 and 12 and shall determine and assess the amount payable to the licensee by deducting the total amount of deductions from the gross amount: Provided that the deductions towards amounts specified in clauses (p) and (q) of Section 12 shall be as specified by the competent authorities under the various enactments governing such taxes, duties, cess, rates or any other amount. (3) The Special Officer shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions including the place or places at which he will hold his sittings and shall, for the purpose of making any investigation under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely,- (a) the summoning and enforcing the attendance of any witness and examining him on oath; (b) the discovery and production of any document or other material object producible as evidence; (c) the reception of evidence on affidavits; (d) the issuing of any commission for the examination of witness. (4) Any investigation before the Special Officer shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of the Indian Penal Code and the Special Officer shall be deemed to be a Civil Court for the purpose of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (No. 2 of 1974). (5) Before proceeding to determine and assess the amount payable to the licensee under the section, the Special Officer shall call upon the licensee and the State Government to produce before him on or before the date specified by him in this behalf all the material which they believe to be relevant for such determination and assessment. (6) In case, during the course of the determination and assessment of the amount payable under this section, any dispute or disputes arise as to the matter whether any fixed assets or other property vest in the State Government under this Act or as to whether any fixed assets or other property formed part of the undertaking within the meaning of this Act or as regards to what extent, if any, the quantum of damages intimated to the Special Officer under Section 8 is justified, the Special Officer shall prepare separate lists of disputed and undisputed items and shall make separate valuations accordingly; leaving the parties to get the dispute or disputes as regards the disputed items decided through arbitration as provided under Section 23 and shall, thereafter, determine and assess the amount payable to the licensee under this section in accordance with the award of the arbitrator. (7) Any party aggrieved by the determination and assessment made by the Special Officer, of amount found payable to the licensee under this section or by the valuations made by the Special Officer of disputed and undisputed items, shall have a right to file an appeal to the Board of Revenue of Madhya Pradesh within 60 days of receiving intimation as regards such determination and assessment or valuation from the Special Officer. The decision of the Board of Revenue shall be final and conclusive. For removal of doubts it is made clear that the matters which are required to be referred to arbitrator under sub-section (6), shall not form subject matter of such appeal. ### 14. Determination of claims. (1) Every person having a claim against the licensee in respect of an amount not covered under Section 12 shall prefer such claim before the Claims Officer within ninety days from the date specified by the State Government, by notification, in this behalf, to be met out of the amount payable to the licensee under Section 10 : Provided that if the Claims Officer is satisfied that the claimant was prevented by sufficient cause from preferring the said claim within the period specified, he may entertain the claim within a further period of thirty days but not thereafter. (2) Every claim under sub-section (1) shall be preferred in such form and shall be accompanied by such documents and other proof in support of the claim as may be prescribed and shall be verified in the manner provided for verification of plaints under the Code of Civil Procedure. 1908 (V of 1908). (3) The provisions of sub-sections (3) and (4) of Section 13 shall apply to Claims Officer as they apply to Special Officer. (4) Every claimant who fails to file his claim within the lime specified under sub-section (1) shall not be entitled to receive any amount from the State Government towards his claim from out of the amount payable to the licensee under this Act. (5) The Claims Officer shall, after such investigation as may, in his opinion, be necessary and after giving the licensee an opportunity of refusing the claim and after giving the claimant a reasonable opportunity of being heard, in writing, admit or reject the claim in whole or in part. (6) Any person aggrieved by the order of the Claims Officer may prefer an appeal within such period and in such manner and to such authority as may be prescribed and the decision of such authority thereon shall be final. (7) Where the total amount of claims admitted by the Claims Officer does not exceed the total amount payable to the licensee under Section 10 every such admitted claim shall be paid in full and the balance, if any, shall be payable to licensee but where such amount is insufficient to meet in full the total amount of the admitted claims, all such claims shall be payable in equal proportions. (8) Nothing in this section shall prejudice the right of any claimant to recover by due process of law the amount of his claim remaining unpaid and for this purpose the period from the vesting date to the date of passing of the final order as regards his claim by the Claims Officer under this Act shall, notwithstanding anything contained in the Limitation Act, 1963 (No. 36 of 1963) be excluded for the purpose of computing the period of limitation under that Act. Chapter IV Provisions Relating to Employees of Undertakings ---------------------------------------------------------------- ### 15. As to existing staff of licensee. (1) Every person who is a workman within the meaning of the Industrial Disputes Act, 1947 (No. 14 of 1947) and has been immediately before the vesting date in the employment of the licensee shall become on and from the vesting date an employee of the State Government or the Board, as the case may be, and shall hold office or service on the same terms and conditions and with the same rights to pension, gratuity and other matters as would have been admissible to him if the undertaking had not been transferred to and vested in the State Government or the Board, as the case may be, and continue to do so unless and until his employment under the Government or the Board, as the case may be, is terminated or until his remuneration, terms and conditions of employment are duly altered by the State Government or the Board, as the case may be : Provided that the State Government may appoint an Officer to review the genuineness of all appointments made or increments of wages given to the workmen within the preceding one year of the vesting date. If the appointment made or the increments given were not genuine, the State Government or the Board, as the case may be, may terminate the services of such employees or cancel the increments : Provided further that any person aggrieved by the decision of the Reviewing Officer may appeal against his decision to the State Government or the Board, whose decision shall be final. (2) The State Government or the Board, as the case may be, may appoint a committee for the purpose of fitment of the workmen taking over from the licensees in the scales of pay of the Board having regard to the qualifications, experience, existing pay of the workmen and the wage structure of comparable workmen in the Board. (3) The State Government or the Board, as the case may be, may employ any person who is not a workmen within the meaning of Industrial Disputes Act, 1947 (No. 14 of 1947) who may be considered suitable and necessary and the salary of such person may be determined on the basis of the salary paid by the licensee to such person on the 1st January, 1971, keeping in view the organisational pattern and the wage structure for comparable workload and responsibility existing in the State Government or the Board, as the case may be. The normal increments earned by such employees during the period of three years prior to 1st January, 1971, may be added to the salary, provided that such addition of increments docs not up-set the pay scales of the Board. (4) Save as otherwise provided in sub-sections (1) and (3), the services of every person employed by the licensee before the vesting date shall stand terminated on and from the vesting date. (5) Nothing in the Madhya Pradesh Industrial Relations Act, 1960 (No. 27 of 1960) or any other law for the time being in force shall apply in respect of termination of services by virtue of the provisions of sub-section (4). (6) Notwithstanding anything contained in the Madhya Pradesh Industrial Relations Act, 1960 (No. 27 of 1960) or in any other law for the time being in force, the transfer of the services of any employee to the State Government or to the Board by reason of the provisions of this Act, shall not entitle any such employee to any compensation under that Act or other law and no such claim shall be entertained by any Court, Tribunal or other authority. (7) For removal of doubt it is hereby declared that nothing in sub-section (6) shall be construed to effect the right of any employee to claim compensation from the licensee under Section 25-FF of the Industrial Disputes Act, 1947 (No. 14 of 1947). (8) Every person to whom sub-sections (1) and (3) apply shall be entitled to claim from the licensee the benefits which accrued to him immediately prior to the vesting date in accordance with terms and conditions of his service under the licensee and any other claim that is due to him from the licensee. ### 16. Provident, superannuation, welfare and other funds. - Where the licensee has established a provident, superannuation, welfare or any other fund for the benefit of its employees and constituted a trust in respect thereof, the moneys relatable to the employees, whose services have become transferred, by or under this Act, to the State Government or the Board, shall out of the moneys standing on the vesting date to the credit of such provident, superannuation, welfare or other fund, stand transferred to, and vested in, the State Government or the Board, as the case may be, free from any such trust. Chapter V Miscellaneous ---------------------------- ### 17. Effect on other laws and effect of other laws. (1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any law other than this Act or any decree or order of Court, Tribunal or other Authority. (2) No provisions of the Electricity Act, the Electricity Supply Act, or any other Act for the time being in force and of any rule made under any of those Acts or of any instrument including licence having effect by virtue of any of those Acts or any rules made thereunder, shall, in so far as it is inconsistent with any of the provisions of this Act, have any effect. (3) Save as otherwise provided in this Act, the provisions of this Act shall he in addition to and not in derogation of, the Electricity Act and the Electricity Supply Act. ### 18. Duty of licensee to furnish inventory of property vesting in State Government and other information. (1) The licensee shall within forty-five days from the vesting date or such further period as the State Government may allow in this behalf prepare and furnish to the State Government a complete inventory in such form as may be prescribed of all the properties vested in the State Government under Section 5 and specified in Section 6. (2) The licensee shall also write up the accounts of his undertaking up to the vesting date, get them audited and submit them to the State Government or the Board within four months from the said date or such further period as the State Government or the Board, may allow in this behalf. (3) The licensee shall also within such time as may be specified by the State Government or the Board furnish to them such documents, information and other particulars as may be required by the State Government or the Board. (4) Where the documents aforesaid have been taken possession of by the State Government or the Board, the licensee or any person authorised by him in this behalf, shall have access to such documents at all reasonable times and shall also be entitled to take copies thereof or extracts therefrom. (5) If the State Government or the Board, after making such enquiry as it may deem fit, is satisfied that the inventory furnished by the licensee is not correct, it may modify the inventory. (6) The State Government or the Board shall submit a copy of the inventory received by it under sub-section (1) and a copy of the inventory as modified by it before the Special Officer. ### 19. Penalties. (1) Any person, who,- (a) having in his possession, custody or control any property forming part of the undertaking wrongfully withholds such property from the State Government or the Board; or (b) wrongfully obtains possession of any property forming part of the undertaking which has vested in the State Government or the Board under this Act; or (c) wilfully withholds or fails to furnish to the State Government or the Board as required by sub-section (3) of Section 18 any document which may be in his possession, custody or control; or (d) wilfully fails to furnish an inventory as required under Section 18; or (e) when required to furnish such inventory furnishes any particulars therein which are false and which he either knows or believes to be false, or does not believe to be true; shall be punishable with imprisonment for a term which may extend to two years, or with line, or with both : Provided that the Court trying any offence under clause (a) or clause (b) or clause (c) of this sub-section may, at the time of convicting the accused person, order him to deliver up or refund, within a time to be fixed by the Court, any property or cash wrongfully withheld or obtained or any document wilfully withheld or not furnished. (2) No Court shall take cognizance of an offence punishable under this section except with the previous sanction of the State Government or of an officer authorised by that Government in this behalf. ### 20. Offences by company. (1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any Director, Manager, Secretary or other officer of the company, such Director, Manager. Secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. - For the purposes of this section,- (a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director" in relation to a firm, means a partner in the firm. ### 21. Protection of action taken in good faith. (1) No suit, prosecution or other legal proceeding shall lie against the State Government or the Board or any of its officers or other employees or the Special Officer or the Claims Officer for anything which is in good faith done or intended to be done under this Act. (2) No suit or other legal proceedings shall lie against the State Government or the Board or any of its officers or other employees or the Special Officer or the Claims Officer for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act. ### 22. Bar of jurisdiction of Civil Courts. - No Civil Court shall have jurisdiction in respect of any matter in relation to which the Special Officer, the Claims Officer or arbitrator or any officer authorised by the State Government or the Board is empowered by or under this Act to exercise any power, and no injunction shall be granted by any Civil Court in respect of anything which is done or intended to be done by or under this Act. ### 23. Arbitration. (1) All disputes required to be referred to arbitration by this Act shall be determined by an arbitrator appointed by the State Government, who shall be a sitting or retired District or High Court Judge. The award of the arbitrator shall be final and conclusive. (2) The arbitrator shall follow such procedure in the proceedings before him and follow such principles in apportioning the cost of proceedings as may be prescribed. (3) Save as provided in this section and any rules made thereunder, nothing in any law for the time being in force shall apply to the arbitration under this section. (4) The State Government may make rules for the purposes of carrying into effect the provisions of this section. ### 24. Power to make rules. (1) The State Government may make rules to carry out the purposes of this Act. (2) Rules made under this section shall be laid on the table of the Legislative Assembly. ### 25. Power to remove difficulty. - If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order not inconsistent with the provisions of this Act remove the difficulty and, as occasion may require do anything which appears to it necessary for the purpose of removing the difficulty. I --- [See Section 3 (j) ] Names of Electricity Supply Undertakings ### 1. The Jubbulpore Electric Supply Undertaking owned and managed by the Jubbulpore Electric Supply Company Limited. ### 2. The Saugor Electricity Supply Undertaking owned and managed by the Saugor Electricity Supply Company Limited. ### 3. The Dewas Senior Electric Supply Undertaking owned and managed by the Dewas Senior Electrical Supply Company (Pvt.) Limited. II ---- [See Section 1] For purposes of determining the gross amount under Section 11, the depreciation shall be calculated at annual rates arrived at by dividing ninety per cent of the book value of each asset by the number of years of life of the set as specified in the table below. For the year in which an asset was brought into beneficial use, the depreciation shall be calculated at half the annual rate and for the period after the license's last completed financial year till the vesting date, the depreciation shall be calculated prorate. Depreciation shall not be calculated for any period beyond the life of the asset as prescribed herein. Table \| \| \| \| --- \| --- \| \| Description of asset \| Number of years of life of asset \| \| A. Land owned under full title. \| Infinity. \| \| B. Land held under lease- \| \| \| (a) for investment in the land. \| The period of lease or the period remaining unexpired on the assignment of the lease. \| \| (b) for the cost of clearing site. \| The period of the lease remaining unexpired at the date of clearing the site. \| \| C. Assets purchased new- \| \| \| (a) Plant and machinery in generating stations, including plant foundations- \| \| \| \| (i) Hydro-electric \| Thirty-five. \| \| \| (ii) Steam-electric \| Twenty-five. \| \| \| (iii) Diesel-electric \| Fifteen. \| \| (b) Cooling towers and circulating water systems. \| Thirty \| \| (c) Hydraulic works forming part of a hydro-electric system including- \| \| \| \| (i) Dams, spillways, weirs, canals, reinforced concrete flumes and siphons. \| One hundred. \| \| \| (ii) Reinforced concrete pipelines and surge tanks, steel-pipe lines, sluice gates, steel surge tanks, hydraulic control valves and other hydraulic works. \| Forty. \| \| (d) Buildings, and Civil Engineering works, of a permanent character, not mentioned above- \| \| \| \| (i) Offices and show rooms \| Fifty \| \| \| (ii) Containing thermo-electric generating plant. \| Thirty. \| \| \| (iii) Containing hydroelectric generating plant \| Thirty-five. \| \| \| (iv) Temporary erections such as wooden \| Five. \| \| \| (iv-a) Roads other than kacha roads. \| One hundred. \| \| \| (v) Others \| Fifty. \| \| (e) Transformers, transformer kiosks, sub-station equipment and other fixed apparatus (including Plant foundations)- \| \| \| \| (i) Transformers (including foundations) having a rating of 100 kilovolt amperes and over. \| Thirty-five. \| \| \| (ii) Others \| Twenty-five. \| \| (f) Switchgear, including cable connections. \| Twenty \| \| (g) Lightning arrestors \| \| \| \| (i) Station type \| Twenty \| \| \| (ii) Pole type \| Fifteen. \| \| \| (iii) Synchronous condensers. \| Thirty-five. \| \| (h) Batteries \| Ten \| \| (i) (i) Underground cables including joint boxes and disconnecting boxes. \| Forty \| \| \| (ii) Cable duct system \| Sixty. \| \| (j) Overhead lines including support- \| \| \| \| (i) Lines on fabricated steel supports operating at nominal voltages higher than 66 kilovolts. \| Thirty-five. \| \| \| (ii) Lines on steel supports operating at nominal voltages higher than 13.2 kilovolts but not exceeding 66 kilovolts. \| Thirty \| \| \| (iii) Lines on steel or reinforced concrete supports \| Twenty-five. \| \| \| (iv) Lines on treated wood supports \| Twenty \| \| (k) Meters \| Fifteen \| \| (l) Self-propelled vehicles \| Seven \| \| (m) Static machine tools \| Twenty \| \| (n) Air conditioning plant- \| \| \| \| (i) Static \| Fifteen \| \| \| (ii) Portable \| Seven \| \| (o) (i) Office furniture and fittings \| Twenty \| \| \| (ii) Office equipment \| Ten \| \| \| (iii) Internal wiring, including fitting and apparatus \| Fifteen \| \| \| (iv) Street light fittings \| Fifteen \| \| (p) Apparatus let on hire- \| \| \| \| (i) Other than motors \| Seven \| \| \| (ii) Motors \| Twenty \| \| (q) Communications equipment- \| \| \| \| (i) Radio and high frequency carrier system \| Fifteen \| \| \| (ii) Telephone lines and telephone \| Twenty \| \| D. Assets purchased second hand and assets not otherwise provided for in this table \| Such reasonable period as the State Government determines in each case having regard to the nature, age and condition of the asset at the time of its acquisition by the licensee. \|
65b923a8ab84c7eca86e867f	acts	State of Uttar Pradesh - Act ------------------------------ THE UTTAR PRADESH EXCISE TECHNICAL SERVICE RULES, 2021 -------------------------------------------------------- UTTAR PRADESH India THE UTTAR PRADESH EXCISE TECHNICAL SERVICE RULES, 2021 ======================================================== Rule NO-601-E-1-XIII-2021-499-6-2012 of 2021 ---------------------------------------------- * Published in Uttar Pradesh Gazette on 9 March 2021 * Commenced on 9 March 2021 IN exercise of the powers conferred by the proviso to Article 309 of the Constitution and in supersession of all existing rules and orders on the subject, the Governor is pleased to make the following rules regulating recruitment and conditions of service of persons appointed to the Uttar Pradesh Excise Technical Services. Part I – GENERAL ------------------ ### 1. Short title and commencement (1) These rules may be called “The Uttar Pradesh Excise Technical Service Rules, 2021”. (2) They shall come into force at once. ### 2. Status of the service The Uttar Pradesh Excise Technical Service is a State service comprising Group 'A' and Group 'B' posts. ### 3. Definitions In these rules, unless there is anything repugnant in subject of context:& (a) 'Act' means the Uttar Pradesh Public Services (Reservation for Scheduled castes, Scheduled tribes and Other Backward classes) Act,1994; (b) 'appointing authority' means the Governor; (c) 'citizen of India' means a person who is or is deemed to be a citizen of India under Part II of the Constitution; (d) 'Commission' means the Uttar Pradesh Public Service Commission; (e) 'Constitution' means the Constitution of India; (f) 'Government' means the State Government of Uttar Pradesh; (g) 'Governor' means the Governor of Uttar Pradesh; (h) 'member of the Service' means a person substantively appointed under these rules or the rules or orders in force prior to the commencement of these rules to a post in the cadre of the service; (i) 'other backward classes of citizens' means the backward classes of citizens specified in Schedule- I of the Act, as amended from time to time; (j) 'service' means the Uttar Pradesh Excise Technical Group 'A' and Group 'B' Service; (k) 'substantive appointment' means an appointment, not being an ad hoc appointment, on a post in the cadre of the service made after selection in accordance with in the rules and, if there are no rules, in accordance, with the procedure prescribed for the time being by executive instructions issued by the Government; (l) 'year of recruitment' means a period of twelve months commencing from the first day of July of a calendar year Part II – CADRE ----------------- ### 4. Cadre of service (1) The strength of the service and each category of posts therein shall be such as may be determined by the Government from time to time; (2) The strength of the service shall, until orders varying the same are passed under sub-rule (1), be as given below:& ![](/indigo/media/Screenshot%20from%202022-09-22%2013-46-37.png) Provided that:- (i) the appointing authority may leave unfilled or the Governor may hold in abeyance any vacant post, without thereby entitling any person to compensation; or (ii) the Governor may create such additional permanent or temporary posts as he/she may consider proper. PART-III-RECRUITMENT ### 5. Source of Recruitment Recruitment to the various categories of posts in the service shall be made from the following sources: (1) Technical Officer- By direct recruitment through the commission; (2) Senior Technical Officer-By promotion through the departmental selection committee from amongst substantively appointed Technical Officer who have completed Ten years service as such on the first day of the year of recruitment; (3) Chief Technical Officer -By promotion through the departmental selection committee from amongst substantively appointed Senior Technical Officers who have completed Five years service as such/or who have completed total fifteen years of service including technical officer as well as senior technical officer on the first day of the year of recruitment. ### 6. Reservation Reservation for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories shall be in accordance with the Act, and the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighter and Ex. Service men) Act, 1993 as amended from time to time, and the orders of the Government in force at the time of the recruitment. Part IV – QUALIFICATIONS -------------------------- ### 7. Nationality A candidate for direct recruitment to a post in the service must be :- (a) a citizen of India; or (b) a Tibetan refugee who come over to India before the first January, 1962 with the intention of permanently settling in India; or (c) a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka or any of the East African countries of Kenya, Uganda and United Republic of Tanzania (formerly Tanganyika and Zanzibar) with the intention of permanently settling in India: or Provided that a candidate belonging to category (b) or (c) above must be a person in whose favour a certificate of eligibility has been issued by the State Government: Provided further that a candidate belonging to category (b) will also be required to obtain a certificate of eligibility granted by the Competent Authority not below the rank of Deputy Inspector General of Police, Intelligence Branch, Uttar Pradesh: Provided also that if a candidate belongs to category (c) above, no certificate of eligibility will be issued for a period of more than one year and the retention of such a candidate in service beyond the period of one year, shall be subject to his acquiring Indian citizenship. Note- A candidate in whose case a certificate of eligibility is necessary but the same has neither been issued nor refused, may be admitted to an examination or interview and he may also be provisionally appointed subject to the necessary certificate being obtained by his or issued in his favour. ### 8. Academic qualification A candidate for direct recruitment to the post of Technical Officer in the service must possess the following qualification :- (1) A Bachelor's degree in Chemical Engineering or Bio-chemical Engineering or Bio-technology from a University or an institution established by law in India with qualified Graduate Aptitude Test in Engineering (GATE) in concerned branch/ discipline; or (2) Masters Degree in Chemistry or Bio-chemistry or Microbiology from a University or an institution established by law in India with qualified Graduate Aptitude Test in Engineering (GATE) in concerned subject/discipline; ### 9. Preferential qualification A candidates who has: (i) served in the Territorial army for a minimum period of two years, or (ii) obtained 'B' certificate of National Cadet Corps, shall, other things being equal, be given preference in the matter of direct recruitment. ### 10. Age A candidate for direct recruitment must have attained the age of 21 years and must not have attained the age of more than 40 years on the first day of July of the calender year in which vacancies for direct recruitment are advertised: Provided that the upper age limit, in the case of candidates belonging to the Scheduled Castes, Scheduled Tribes and such other categories, as may be notified by the Government from time to time, shall be greater by such number of years as may be specified. ### 11. Character The character of candidate for direct recruitment to a post in the Service must be such as to render him suitable in all respects, for employment in Government Service. The appointing authority, shall satisfy itself on this point. NOTE-Persons dismissed by the Union Government or a State Government or by a Local Authority or a Corporation or Body owned or controlled by the Union Government or State Government shall be ineligible for appointment to any post in the service. Persons convicted of an offence involving moral turpitude shall also be ineligible. ### 12. Marital Status A male candidate who has more than one wife living or female candidate who has married a man already having a wife living shall not be eligible for appointment to a post in the service: Provided that the Government may, if satisfied that there exists special grounds for doing so, exempt any person from the operation of this rule. ### 13. Physical fitness No candidate shall be appointed to a post in the service unless he be in good mental and bodily health and free form any physical defect likely to interfere with the efficient performance of his duties. Before a candidate finally approved for appointment, he shall be required to pass an examination by a Medical Board: Provided that a medical certificate of fitness shall not be required from a candidate recruited by promotion. Part V – PROCEDURE FOR RECRUITMENT ------------------------------------ ### 14. Determination of vacancies and Procedure for Direct Recruitment (1) The appointing authority shall determine and intimate to the Commission the number of vacancies to be filed during the course of the year as also the number of vacancies to be reserved for candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories under rule 6. (2) In case of direct recruitment for the post of Technical Officer, application for permission to appear in the selection process shall be invited by the Commission in the form prescribed in the advertisement issued by the Commission. (3) The recruitment for the post of Technical Officer shall be done by Commission through Marks given on the basis of the score obtained in the Graduate Aptitude Test in Engineering (GATE) in concerned Branch/Subject as mentioned in academic Qualification under section-8 and total marks in interview decided by commission. (4) The Commission shall having regard to the need for securing due representation of the candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories, call for interview such number of candidates, in order of marks obtained by candidate in Graduate Aptitude Test in Engineering who fulfill the requisite qualification, as per Rule-8. (5) The Commission shall prepare a list of candidates; in order of their proficiency as disclosed by the marks obtained by each candidates in the GATE score and interview and recommend such number of candidates as they consider fit for appointment. If two or more candidates obtain equal marks in the aggregate, the name of the candidate obtaining higher marks in GATE shall be placed higher in the list. If two or more candidates obtain equal marks in the GATE also, the name of candidate senior in age shall be placed higher in list. The Commission shall forward the list to the appointing authority. ### 15. Procedure for Recruitment by Promotion (1) Recruitment by promotion to the posts in the Service, shall be made on the basis of the criterion laid down in the Uttar Pradesh Government Servants (Criterion for Recruitment by Promotion) Rules, 1994 as amended from time to time, through the Selection Committee constituted in accordance with the Uttar Pradesh Constitution of Departmental promotion committee (for posts outside the purview of the Service Commission) Rules, 1992, as amended from time to time. (2) The appointing authority shall prepare eligibility lists of the candidates in accordance with the Uttar Pradesh Promotion by Selection (on posts outside the purview of the Public Service Commission) Eligibility List Rules, 1986, as amended from time to time and place the same before the Selection Committee along with their character rolls and such other record, pertaining to them, as may be considered proper. (3) The Selection Committee shall consider the cases of candidates on the basis of the records referred to in sub-rule (2), and, if it considers necessary, it may interview the candidates also. (4) The Selection Committee shall prepare a list of selected candidate in order of seniority as it stood in the cadre from which they are to be promoted and forward the same to the appointing authority. Part VI – APPOINTMENT, PROBATION, CONFIRMATION AND SENIORITY -------------------------------------------------------------- ### 16. Appointment (1) The appointing authority shall make appointment by taking the names of the candidates in the order in which they stand in the list prepared under rules 14 and 15 as the case may be. (2) If more than one orders of appointment are issued in respect of any one selection, a combined order shall also be issued, mentioning the names of the persons in order of seniority as it stood in the cadre from which they are promoted. ### 17. Probation (1) A person on substantive appointment to a post in the service shall be placed on probation in accordance with the Uttar Pradesh Government Servants Probation Rules, 2013, as amended from time to time. (2) If it appears to the appointing authority at any time during or at the end of the period of probation or extended period of probation that a probationer has not made sufficient use of his opportunities or has otherwise failed to give satisfaction, he may be reverted to his substantive post, if any, and if he does not hold a lien on any post, his services may be dispensed with. (3) A probationer who is reverted or whose services are dispensed with under sub rule (2) shall not be entitled to any compensation. (4) The appointing authority may allow continuous service, rendered in an officiating or temporary capacity in a post in included in the cadre or any other equivalent or higher post, to be taken into account for the purpose of computing the period of probation. ### 18. Confirmation (1) Subject to the provisions of sub-rule (2) a probationer shall be confirmed in his appointment at the end of the period of probation or the extended period of probation if- (a) his work and conduct are reported to be satisfactory. (b) his integrity is certified. (c) the appointing authority is satisfied that he is otherwise fit for confirmation. (2) Where, in accordance with the provisions of the Uttar Pradesh State Government Servants Confirmation Rules, 1991, confirmation is not necessary the order under sub rule (3) of rule 5 of those rules declaring that the person concerned has successfully completed the probation shall be deemed to be the order of confirmation. ### 19. Seniority The seniority of persons substantively appointed in any category of posts in the service shall be determined in accordance with the Uttar Pradesh Government Servants Seniority Rules, 1991, as amended from time to time. Part VII – PAY ETC. --------------------- ### 20. Scales of pay (1) The scales of pay admissible to persons appointed to the various categories of posts in the service shall be such as may be determined by the Government from time to time. (2) The scales of pay at the time of the commencement of these rules are given as follows: \| Sl. No. \| Name of Post \| Scale of pay \| \| --- \| --- \| --- \| \| 1 \| Technical Officer \| Pay Matrix Level – 10 (Rs.56100-177500) \| \| 2 \| Senior Technical Officer \| Pay Matrix Level – 11 (Rs.67700-208700) \| \| 3 \| Chief Technical Officer \| Pay Matrix Level – 12 (Rs.78800-209200) \| ### 21. Pay during Probation (1) Notwithstanding any provision in the Fundamental Rules to the contrary, a person on probation, if he is not already in permanent Government service, shall be allowed his first increment in the time-scale when he has completed one year of satisfactory service, has passed departmental examination and undergone training, where prescribed and second increment after two years service when he has completed the probationary period and is also confirmed: Provided that, if the period of probation is extended on account of failure to give satisfaction, such extension shall not count for increment unless the appointing authority directs otherwise. (2) The pay during probation of a person who was already holding a post under the Government, shall be regulated by the relevant rules: Provided that, if the period of probation is extended on account of failure to give satisfaction, such extension shall not count for increment unless the appointing authority directs otherwise. (3) The pay during probation of a person already in permanent Government service shall be regulated by the relevant rules, applicable generally to Government servants serving in connection with the affairs of the State. Part VIII – OTHER PROVISIONS ------------------------------ ### 22. Canvassing No recommendations, either written or oral, other than those required under these rules applicable to the post or service will be taken into consideration. Any attempt on the part of a candidate to enlist support directly/indirectly for his candidature will disqualify him for appointment. ### 23. Regulation of other matters In regard to the matters not specifically covered by these rules or special orders, persons appointed to the service shall be governed, by the rules, regulations and orders applicable generally to Government servants serving in connection with the affairs of the State. ### 24. Regulation of other matters Where the State Government is satisfied that the operation of any rules regulating the conditions of service of persons appointed to the service causes undue hardship in any particular case, it may notwithstanding anything contained in the rules applicable to the case, by order, dispense with or relax the requirements of that rule to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner: Provided that where a rule has been framed in consultation with the Commission, that body shall be consulted before the requirements of the rule are dispensed with or relaxed. ### 25. Savings Nothing in these rules shall affect reservations and other concessions required to be provided for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other special categories of persons in accordance with the orders of the Government issued from time to time in this regard.
65ba89beab84c7eca86ebf81	acts	Union of India - Act ---------------------- THE COAL GRADING BOARD ACT, 1925 ---------------------------------- UNION OF INDIA India THE COAL GRADING BOARD ACT, 1925 ================================== Act 31 of 1925 ---------------- * Published in Gazette of India on 23 September 1925 * Not commenced 1. Repealed by [The Coal Grading Board (Repeal) Act, 1959 (Act 17 of 1959) on 9 May 1959 ] An Act to provide for the grading of coal and for the grant of certificates for coal intended for export Whereas it is expedient to provide for the grading of coal and for the grant of certificates for coal intended for export; It is hereby enacted as follows. ### 1. Short title and extent. (1) This Act may be called the Coal Grading Board Act, 1925. (2) It extends to the whole of India except [Substituted by the Adaptation of Laws (No. 3) Order, 1956, for ?Part B States?.][the territories which, immediately before the 1st November, 1956, were comprised in Part B States]. ### 2. Definitions. In this Act, unless there is anything repugnant in the subject or context, (a) Board means the Coal Grading Board constituted under Section 3; (b) Export means the shipment of coal as cargo from a port in [Substituted by the Adaptation of Laws (No. 3) Order, 1956, for ?a Part A State or a Part C State][the territories to which this Act extends]; (c) Graded colliery means a colliery the grade of all or any of the seams or of a part of any seam of which has been determined under the provisions of Section 4 and is entered in the grade list maintained in accordance with the provisions of Section 5; (d) Prescribed means prescribed by rules made under this Act; and (e) Secretary means the secretary of the Board appointed under sub-section (4) of Section 3. ### 3. Constitution of Coal Grading Board. (1) As soon as may be after the commencement of this Act, the Central Government shall cause to be constituted a [For Constitution of the Board, see Notification No. 47-T. (57), dated 20-1-1926, Gazette of India, 1926, Part I, p. 148] Board consisting of the following members, namely. (a) the Chief Mining Engineer to the Railway Board [The words ?or, after the establishment of the Federal Railway Authority, to that Authority?, inserted by the A.O. 1937, repealed by the A.O. 1948][\* \* \]; and (b) four persons nominated respectively by the Indian Mining Association, the Indian Mining Federation, the Bengal Chamber of Commerce and the Bengal National Chamber of Commerce: Provided that, if within the period prescribed in this behalf any such body fails to make any nomination which it is entitled to make under this sub-section, the Central Government may itself appoint a member or members, as the case may be, to fill the vacancy or vacancies. (2) The Board so constituted shall be a body corporate by the name of the Coal Grading Board, having perpetual succession and a common seal with power to acquire and hold property, both moveable and immoveable, and to contract and shall by the said name sue and be sued. (3) The Chief Mining Engineer to the Railway Board [The words ?or, after the establishment of the Federal Railway Authority, to that Authority?, inserted by the A.O. 1937, repealed by the A.O. 1948.][\ \* \*] shall be ex-officio President of the Board. (4) The secretary of the Board shall be a person, not being a member of the Board, appointed by the Board. ### 4. Power to grade collieries, to revise grading and to grant certificates. (1) On the application of any colliery and on payment of the prescribed fee, the Board shall, in such manner as may be prescribed, determine the grade of coal of all or any of the seams or of a part of a seam of such colliery, and shall by notice in writing inform the colliery of the grade so determined. (2) The colliery may, within thirty days from the receipt of the said notice, lodge with the Board an objection to the order passed under sub-section (1) determining the grade of any coal, and the Board shall, on payment of the prescribed fee and after further inspection and analysis, decide such objection; the decision of the Board shall be final and shall not be questioned in any Court. (3) Where the grade of any coal has been determined under the provisions of this section, the Board shall, on the request of the colliery, furnish a certificate in the prescribed form, specifying the grade of such coal. ### 5. Maintenance and publication of grade list. (1) The Board shall maintain a grade list, in such form and containing such particulars as may be prescribed, of coal the grade of which has been determined in accordance with the provisions of Section 4, but shall not enter in such list any coal in respect of which the colliery has, after the determination or decision of the Board under sub-section (1) or sub-section (2) of Section 4, given notice in writing that such coal should not be entered in the grade list. (2) The grade list shall be published in such manner as may be prescribed. ### 6. Grant of export certificate. (1) On the application of any graded colliery desiring to export coal and on payment of the prescribed fee, the Board shall, if it is satisfied after such inspection as it may deem necessary with the quality and condition of the coal, grant a certificate of shipment in the prescribed form. (2) Such fee shall not exceed one anna per ton of coal. ### 7. Powers of inspection. Any member of the Board and any person authorised in this behalf by the Board may, for the purposes of this Act, enter at any time in and upon any colliery, storage bin, truck, vehicle, vessel or other place where there is coal and inspect, test and take sample of such coal. ### 8. Grant of rebate and preferences. Notwithstanding anything to the contrary in any law for the time being in force, a rebate of any charges, including freight, fees, tolls, dues or rates, may be granted in respect of coal of which a certificate of shipment has been granted under the provisions of Section 6, and, subject to such restrictions as may be prescribed, preference may be given in the supply of wagons for forwarding coal for export from a graded colliery. ### 9. Application of fees. Subject to such conditions as may be prescribed, the proceeds of fees received by the Board shall be applied to meeting the expenses of the Board. ### 10. Validity of acts of Board. No act done or proceeding taken under this Act shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Board. ### 11. Protection for acts done under Act. No suit or other legal proceeding shall be instituted against any person in respect of anything which is in good faith done or intended to be done under this Act. ### 12. Power of the Central Government to make rules. (1) The Central Government may, after previous publication, by notification in the Official Gazette, make rules[For such rules, see Gazette of India, 1925, Part I, p. 1199.] for the purpose of carrying into effect all or any of the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely. (a) for prescribing the time within which nominations shall be made under Section 3, whether in the first instance or on the occurrence of vacancies; (b) for prescribing the term of office of members of the Board; (c) for prescribing the circumstances in which and the authority by which any member may be removed from the Board; (d) for regulating the appointment of officers of, and the keeping and publication of accounts by, the Board; (e) for prescribing the procedure on application under Section 4 and the principles for grading coal; (f) for prescribing the form of and particulars to be entered in and manner of publication of the grade list; (g) for prescribing the procedure of the Board in deciding any objection lodged against any order passed under Section 4 determining the grade of any coal; (h) for prescribing the form of certificate to be granted under Section 6 and the procedure on application under that section; (i) for prescribing the restrictions subject to which preference may be given under Section 8; (j) for prescribing the fees for any inspection or analysis required for the purposes of this Act or payable under any of the provisions of this Act; and (k) for prescribing the remuneration of members and regulating the expenditure of the Board.
65ba7272ab84c7eca86eb5f2	acts	Union of India - Act ---------------------- Pragathi Krishna Gramin Bank (Employees') Pension Regulations, 2018 --------------------------------------------------------------------- UNION OF INDIA India Pragathi Krishna Gramin Bank (Employees') Pension Regulations, 2018 ===================================================================== Rule PRAGATHI-KRISHNA-GRAMIN-BANK-EMPLOYEES-PENSION-REGULATIONS-2018 of 2018 ------------------------------------------------------------------------------ * Published on 26 October 2018 * Commenced on 26 October 2018 Pragathi Krishna Gramin Bank (Employees') Pension Regulations, 2018 Published vide Notification F. No. PKGB/Pension Regulations, 2018, dated 26.10.2018 F. No. PKGB/Pension Regulations, 2018. - In exercise of the powers conferred by section 30 read with sub-section (1) of section 17 of the Regional Rural Banks Act, 1976 (21 of 1976) the Board of Directors of Pragathi Krishna Gramin Bank after consultation with Canara Bank being the Sponsor Bank and the National Bank and with the previous sanction of the Central Government hereby makes the following regulations, namely: - Chapter I Preliminary -------------------------- ### 1. Short title and commencement. (1) These Regulations may be called "Pragathi Krishna Gramin Bank (Employees') Pension Regulations, 2018". (2) Save as otherwise expressly provided in these regulations, they shall come into force on the date of their publication in the Official Gazette. ### 2. Definitions. (1) In these regulations, unless the context otherwise requires, - (a) "Act" means the Regional Rural Banks Act, 1976 (21 of 1976); (b) "actuary" shall have the meaning assigned to it in clause (1) of section 2 of the Insurance Act, 1938 ( 4 of 1938 ); (c) "average emoluments" means the average of the pay drawn by an employee during the last ten months of his service in the Bank; (d) "Bank" means Pragathi Krishna Gramin Bank established under sub-section (1) of section 3 of the Act; (e) "Board" means the Board of Directors of the Bank; (f) "child" means a child of the employee, who if a son, is under twenty-five years of age and if a daughter, is unmarried and is under twenty-five years of age and the expression "children" shall be construed accordingly; (g) "competent authority" shall have the same meaning as assigned to it in the Pragathi Krishna Gramin Bank (Officers and Employees) Service Regulations, 2013; (h) "contribution" means any sum credited by the Bank on behalf of employee to the Fund, but shall not include any sum credited as interest; (i) "date of retirement" means the last date of the month in which an employee attains the age of superannuation or the date on which he is retired by the Bank or the date on which the employee voluntarily retires; (j) "employee" means any person employed in the service of the Bank, whether as a workman on full time work on permanent basis or on part-time work on permanent basis on scale wages or as an officer and who opts and is governed by these regulations, but does not include a person employed either on contract basis or daily wage basis or on consolidated wages; (k) "effective date" means the 1st day of April, 2018; (l) "eligible employee" means an employee who is eligible for pension under these regulations; (m) "employees' pension scheme, 1995" means the Employees' Pension Scheme constituted under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 ( 19 of 1952 ); (n) "family" in relation to an employee means,- (i) wife in the case of a male employee or husband in the case of a female employee (whether the marriage took place before or after retirement); (A) unmarried sons or unmarried daughters (born before or after retirement including those adopted) who have not attained the age of twenty-five years; (B) unmarried sons or unmarried daughters suffering from any disorder or disability of mind or physically crippled; (iv) widowed daughters or divorced daughters (born before or after retirement) without any age restriction; (v) parents who were wholly dependent on the employee when such employee was alive, subject to the following conditions: (A) the deceased employee had left behind neither a widow or widower nor an eligible son or daughter or a widowed or divorced daughter and that the earnings of the parents is less than two thousand five hundred and fifty rupees per month. (B) where the deceased employee has left behind a childless widow, they become eligible for family pension only after the death of childless widow or when her independent income from all other sources becomes equal to or higher than two thousand five hundred and fifty rupees per month; (ii) a judicially separated wife or husband, such separation not being granted on the ground of adultery and the person surviving was not held guilty of committing adultery; (iii) (o) "family pension" means the family pension referred to in regulation 37; (p) "financial year" means a year commencing on the 1st day of April; (q) "Fund" means the Pragathi Krishna Gramin Bank (Employees') Pension Fund" constituted under regulation 4; (r) "National Pension System" means the National Pension System as defined in clause (i) of sub-section (1) of section 2 of the Pension Fund Regulatory and Development Authority Act, 2013 ( 23 of 2013 ); (s) "notified date" means the date on which these regulations are published in the Official Gazette; (t) "pay" means the basic pay including stagnation increments, if any, and all allowances counted for the purpose of making contributions to the Provident Fund and for the payment of dearness allowance; (u) "pension" means the class of pension as specified in Chapter V and includes family pension; (v) "pensioner" means an employee eligible for pension under these regulations; (w) "qualifying service" means the service rendered on regular basis which shall be taken into account for the purpose of pension under these regulations; (x) "retirement" means cessation from Bank's service,- (i) on attaining the age of superannuation as specified in the service regulations; (ii) on voluntary retirement in accordance with provisions contained in regulation 27; (iii) on premature retirement by the Bank before attaining the age of superannuation in accordance with provisions contained in regulation 30; (y) "Service Regulations" means the Pragathi Krishna Gramin Bank (Officers and Employees') Service Regulations, 2013; (z) "trust" means the trust of Pragathi Krishna Gramin Bank (Employees') Pension Fund constituted under sub-regulation (1) of regulation 4; (za) "trustee" means the trustees of the Pragathi Krishna Gramin Bank (Employees') Pension Fund constituted under regulation 4; (zb) "Provident Fund" means the provident fund of the Bank. (2) All other words and expressions used in these regulations but not defined, and defined in the Act or the Pragathi Krishna Gramin Bank (Officers and Employees') Service Regulations, 2013 shall have the same meanings respectively assigned to them in the Act, or as the case may be, the Pragathi Krishna Gramin Bank (Officers and Employees') Service Regulations, 2013. Chapter II Application and Eligibility ------------------------------------------- ### 3. Application. (1) These regulations shall apply to any employee who - (a) was in the service of the Bank on or after the 1st day of September, 1987 but had retired on or before 31 March, 2010 who exercise an option in writing within one hundred and twenty days from the notified date, to become a member of the Fund and refund within sixty days after the expiry of the said period of one hundred and twenty days, the entire final amounts received by him (the corpus comprising of Bank's contribution to provident fund under the Employees' Pension Scheme, 1995 and interest accrued thereon till the date of receipt by him of the amount) but without requiring to pay interest on such final amounts from the date of receipt of such final amounts to the date of refund; or (b) was in the service of the Bank on or after the 1st day of September, 1987 who continue to be in the service of the Bank on or after the notified date and exercise an option in writing within one hundred and twenty days from the notified date, to become member of the Fund and cause to transfer the entire contribution of the Bank along with the interest accrued thereon, to the credit of the Fund constituted under regulation 4; or (c) was in the service of the Bank between the 1st day of September, 1987 and 31st March 2010 and continued in service on or after effective date but retired before the notified date, if he exercises an option in writing within one hundred and twenty days from the notified date, to become member of the Fund and refund within sixty days of the expiry of the said period of one hundred and twenty days the entire final amounts received by him (the corpus comprising of Bank's contribution to provident fund under the Employees' Pension Scheme, 1995 and interest accrued thereon till the date of receipt by him of the amount) but without requiring to pay interest on such final amounts from the date of receipt of such final amounts to the date of refund: Provided that the family of the employee who - (i) was in the service of the Bank on or after the 1st day of September, 1987 but died on or before 31st March, 2010; or (ii) joined the service between 1st September, 1987 and 31 March, 2010 and died before the effective date; or (iii) joined the service of the Bank between 1st September 1987 and 31 March 2010 and continued in service on or after the effective date but had died before one hundred twenty days after the notified date without the employee exercising an option in writing to become member of the Fund, shall be entitled to family pension under these regulations, if the family of such deceased employee exercises an option in writing within one hundred and twenty days from the date of the death of the employee or the expiry of one hundred and twenty days from the notified date, whichever is later, to become member of the Fund and refund within sixty days of the expiry of the said period of one hundred and twenty days the entire final amounts received by the family (the corpus comprising of Bank's contribution to provident fund under the Employees' Pension Scheme, 1995 and interest accrued thereon till the date of receipt of the amount by the family) but without requiring to pay interest on such final amounts from the date of receipt of such final amounts to the date of refund. (2) An employee or family of the deceased employee not exercising the option under sub-regulation (1) or who, after exercising the option, not refunding the amount shall be deemed not interested in becoming a member of the Fund and shall continue to be governed under the Employees' Pension Scheme, 1995. (3) Notwithstanding anything contained in this regulation, any employee who joined the service of the Bank on or after the 1st April, 2010 shall have an option either to be covered by the National Pension System or to continue to be governed under the Employees' Pension Scheme, 1995. (4) Notwithstanding anything contained in this regulation, any employee who join the service of the Bank on or after the 1st April, 2018 shall be covered by the National Pension System. Chapter III The Fund ------------------------- ### 4. Constitution of the Fund. (1) The Bank shall constitute a Fund to be called the "Pragathi Krishna Gramin Bank (Employees') Pension Fund" under an irrevocable trust within one hundred twenty days from the notified date. (2) The Fund shall have for its sole purpose the provision of the payment of pension or family pension in accordance with these regulations to the employee or his family. (3) The Bank shall be a contributor to the Fund and shall ensure that sufficient sums are placed in it to enable the trustees to make due payments to beneficiaries under these regulations. ### 5. Liability of the Bank. (1) (a) The Bank, shall, after constitution of the Fund under regulation 4, cause to transfer to the Pragathi Krishna Gramin Bank (Employees') Pension Fund, the accumulated balance of the contribution of the Bank towards pension under the Employees' Pension Scheme, 1995 and interest accrued thereon upto the date of such transfer in respect of the eligible serving employee opting to become a member of the Fund under regulation 3. (b) The Bank shall, after constitution of the Provident Fund under the Act, transfer to that Fund, the accumulated balance of the contribution of the employee towards provident fund under the Employees' Pension Scheme, 1995 and interest accrued thereon upto the date of such transfer in respect of eligible serving employee opting to become a member of the Fund under regulation 3. (2) The retired employee or the family of the deceased employee opting for Fund under sub-regulation (1) of regulation 3, shall continue to receive the amount of pension component under the Employees' Pension Scheme, 1995 and the balance of the pension payable under these regulations shall be paid out of the Fund. ### 6. Composition of the Fund. - The Fund shall consist of the following, namely: - (a) contribution by the Bank based on actuarial assessment of initial gap between assets and liabilities of the Fund; (b) the contribution by the Bank at the rate of ten per cent per month of the pay of the employee; (c) the accumulated contributions of the Bank towards pension and provident fund under the Employees' Pension Scheme, 1995 and interest accrued thereon upto the date of transfer to the Fund in respect of an eligible serving employee; (d) the amount consisting of the provident fund contribution of the Bank under the Employees' Pension Scheme, 1995 refunded by the eligible retired employees; (e) the investment in annuities or securities purchased out of the moneys of the Fund and interest thereon; (f) amount of any capital gains arising from the capital assets of the Fund; (g) the additional annual contribution made by the Bank in accordance with the provisions contained in regulation 10; (h) any income from investments of the amounts credited to the Fund; (i) the amount consisting of provident fund contribution of the Bank under the Employees' Pension Scheme, 1995 refunded by the family of the eligible deceased employee. ### 7. Board of trustees. (1) The general superintendence, direction and management of the affairs and business of the Fund shall vest in the board of trustees, which shall exercise all powers and do all acts and things which may be necessary for the payment of pension or family pension under these regulations. (2) The board of trustees shall consist of such number of persons not less than three and not more than five, as may be determined by the Board, to be appointed by the Bank. (3) The power to appoint the trustees shall be vested with the Bank and all such appointments shall be made in writing. (4) The Bank shall nominate one of the trustees to be the Chairman of the board of trustees. (5) The term of appointment of trustee shall be for a period of three years and the Bank may reappoint a trustee who has already completed his term: Provided that no trustee shall be appointed for more than two terms. ### 8. Trustees to carry out directions of the Board. - In the discharge of its powers and functions under regulation 7, the board of trustees shall be guided by such directions as may be given by the Board to it, from time to time: Provided that all such direction shall be given in writing and shall specify the purpose or objective thereof. ### 9. Books of accounts of the Fund. (1) The accounts of the Fund shall contain the particulars of all financial transactions relating to the Fund in such form as may be specified by the Bank. (2) Within sixty days from the date of furnishing of the balance sheet of the Bank, the trust shall prepare a financial statement of the trust indicating therein the general account of assets and liabilities of the trust and forward a copy of the same to the Bank. (3) The accounts of the Fund shall be audited in accordance with the provisions of section 19 of the Act. ### 10. Actuarial investigation of the Fund. - The Bank shall cause an investigation to be made by an actuary into the financial condition of the Fund every financial year on the 31st day of March, and make such additional annual contributions to the Fund as may be required to secure payment of the benefits under these regulations: Provided that the Bank shall cause an investigation to be made by an actuary into the financial condition of the Fund as on the 31st day of March immediately following the financial year in which the Fund is constituted. ### 11. Investment of the Fund. - All moneys contributed to the Fund or received or accruing by way of interest or otherwise to the Fund, may be deposited in a Post Office Savings Bank Account in India or in a current account or in a savings account with any scheduled bank or utilised in making payment of pensionary benefits in accordance with these regulations and to the extent such moneys as are not so deposited or utilised shall be invested in the Government securities, debt instruments, short term debt instruments, equities and related investments, asset backed trust structured and miscellaneous investments. ### 12. Payment out of the fund. - The trust shall, subject to the other provisions of these regulations, be administered for grant of pensionary benefits to the eligible retired employees of the Bank or the family pension to the families of the deceased eligible employees of the Bank. Chapter IV Qualifying Service for Pension ---------------------------------------------- ### 13. Qualifying service for pension. - Subject to the other provisions of these regulations, an employee who has rendered a minimum of ten years of service in the Bank shall qualify for pension. ### 14. Commencement of qualifying service. - Subject to the provisions contained in these regulations, qualifying service of an employee shall commence from the date he takes charge of the post to which he is first appointed on a regular basis and service on probation shall be counted if followed by confirmation in the post. ### 15. Counting of periods spent on leave. - All leave during service in the Bank for which leave salary is payable shall count as qualifying service: Provided that extraordinary leave on loss of pay shall not count as qualifying service except when the authority sanctioning the leave has directed that such leave not exceeding twelve months' during the entire service, may count as service for all purposes including pension. ### 16. Broken period of service of less than one year. - If the period of service of an employee includes broken period of service of less than one year but more than six months, it shall be treated as one year and if such broken period is six months or less, it shall be ignored: Provided that the provisions of this regulation shall not apply for determining the minimum qualifying service required for pension. ### 17. Counting of period spent on training. - Period spent by an employee on training in the Bank immediately after his appointment shall count for qualifying service. ### 18. Counting of past service in the erstwhile bank. - The service rendered by the employee, on regular basis in any other bank shall also be counted for qualifying service on amalgamation of that bank with the Bank: Provided that nothing contained in this regulation shall apply to any such employee who is appointed on contract basis or on daily wage basis or on consolidated wages. ### 19. Period of suspension. (1) Period of suspension of an employee pending inquiry shall count for qualifying service, where on conclusion of such inquiry, he has been fully exonerated or the suspension is held to be wholly unjustified. (2) In all other cases, the period of suspension shall not count as qualifying service unless the competent authority passing the orders under the service regulations governing such case expressly declare at the time that it shall count to such extent as such authority may declare. ### 20. Forfeiture of service. (1) Resignation not amounting to voluntary retirement or dismissal or removal or termination of an employee from the service of the Bank shall entail for forfeiture of his entire past service and consequently shall not qualify for pension under these regulations. (2) An interruption in the service of an employee entails forfeiture of his past service, except in the following cases, namely: - (a) authorised leave of absence; (b) Suspension, where it is immediately followed by reinstatement, whether in the same or a different post, or where the employee dies or is permitted to retire or is retired under the provisions of the Service Regulations while under suspension. ### 21. Interruption in services due to participation in strike. - An Interruption in service of employee due to participation in strike shall not be counted for qualifying service for pension during such interruption unless such interruption is condoned by the competent authority: Provided that before making an entry in the service record of the Bank employee regarding such interruption in service because of his participation in strike, an opportunity of representation may be given to the employee. ### 22. Military service. - An employee who has rendered military service before appointment in the Bank shall continue to draw the military pension, if any, but military service rendered by the employee shall not count as qualifying service for pension under these regulations. ### 23. Period of deputation to an organisation in India. - Period of deputation of an employee to another organisation in India will count for qualifying service provided the organisation to which he is deputed or the employee, pays the pensionary contributions at the rates specified under these regulations or at the rates specified by the Bank at the time of deputation, whichever is higher, to the Bank. ### 24. Addition to qualifying service in special circumstances. - An employee shall be eligible to add to his service qualifying for superannuation pension specified in regulation 26, the actual period not exceeding one fourth of the length of his service or the actual period by which his age at the time of recruitment exceeded the upper age limit specified by the Bank for direct recruitment or a period of five years, whichever is less, if the service or post to which the employee is appointed is one - (a) for which post-graduate research, or specialist qualification or experience in scientific, technological, or professional fields, is essential; (b) to which candidates of age exceeding the upper age limit specified for direct recruitment are normally recruited; and (c) for which the candidate was given age relaxation over and above the maximum age limit fixed by the Bank on account of his possessing higher qualifications or experience: Provided that this concession shall not be admissible to an employee unless his actual qualifying service at the time of his superannuation is not less than ten years. ### 25. Counting of service rendered on permanent part-time basis. (1) In case of an employee who was employed on a permanent part-time basis in the service of the Bank in accordance with the erstwhile rules of appointment applicable to him and was contributing to the Employees' Provident Fund, the service rendered by him on a permanent part-time basis from the date of such contribution, shall be counted as qualifying service. (2) For the purpose of calculating the amount of pension in respect of a permanent part-time employee, the length of qualifying service shall be determined in accordance with Form IV. (3) For the purpose of calculating the amount of pension under this regulation, the actual service rendered shall be taken as qualifying service and in such cases the actual pay drawn at the time of retirement shall be reckoned for the purpose of average emoluments. Chapter V Classes of Pension --------------------------------- ### 26. Superannuation pension. - Superannuation pension shall be granted to an employee who has retired on his attaining the age of superannuation. ### 27. Pension on voluntary retirement. (1) On or after the effective date, at any time after an employee has completed twenty years of qualifying service, he may, by giving notice of not less than three months in writing to the appointing authority, retire from service: Provided that this sub-regulation shall not apply to an employee who seeks retirement from service for being absorbed permanently in an autonomous body or a public sector undertaking or a company or institution or body, whether incorporated or not, to which he is on deputation, at the time of seeking voluntary retirement. (2) The notice of voluntary retirement given under sub-regulation (1) shall require acceptance by the appointing authority: Provided that where the appointing authority does not refuse to grant the permission for retirement before the expiry of the period specified in the said notice, the retirement shall become effective from the date of expiry of the said period. (3) (a) An employee referred to in sub-regulation (1) may make a request in writing to the appointing authority to accept notice of voluntary retirement of less than three months giving reasons thereof. (b) On receipt of a request under clause (a), the appointing authority may, subject to the provisions of sub-regulation (2), consider such request for the curtailment of the period of notice of three months on merits and if it is satisfied that the curtailment of the period of notice will not cause any administrative inconvenience, the appointing authority may relax the requirement of notice of three months on the condition that the employee shall not apply for commutation of a part of his pension before the expiry of the notice of three months. (4) An employee, who has elected to retire under this regulation and has given necessary notice to that effect to the appointing authority, shall be precluded from withdrawing his notice except with the specific approval of such authority: Provided that the request for such withdrawal shall be made before the intended date of his retirement. (5) The qualifying service of an employee retiring voluntarily under this regulation shall be increased by a period not exceeding five years, subject to the condition that the total qualifying service rendered by such employee shall not in any case exceed thirty-three years and it does not take him beyond the date of superannuation: Provided that the increase in his qualifying service, shall not entitle him to any notional fixation of pay for the purpose of calculating his pension. ### 28. Invalid pension. (1) Invalid pension may be granted to an employee who, - (a) has rendered minimum ten years of service; and (b) retires from the service on or after the effective date on account of any bodily or mental infirmity, which permanently, incapacitates him for the service. (2) An employee applying for an invalid pension shall submit a medical certificate of incapacity from a medical officer approved by the Bank. (3) Where the medical officer approved by the Bank has declared the employee fit for further service of less laborious character than that which he had been doing, he may, provided he is willing to be so employed, be employed on lower post and if there be no means of employing him even on a lower post, he may be admitted to invalid pension. (4) No medical certificate of incapacity for service may be granted unless the applicant produces a letter to show that the competent authority is aware of the intention of the applicant to appear before the medical officer approved by the Bank. (5) The medical officer approved by the Bank shall also be supplied by the competent authority in which the applicant is employed, with a statement of what appears from official records to be the age of the applicant. ### 29. Compassionate allowance. (1) An employee, who is dismissed or removed or terminated from service, shall forfeit his pension: Provided that the authority higher than the authority competent to dismiss or remove or terminate him from service may, if - (i) such dismissal, removal, or termination is on or after the effective date; and (ii) the case is deserving of special consideration, sanction a compassionate allowance not exceeding two-thirds of the pension which would have been admissible to him on the basis of the qualifying service rendered upto the date of his dismissal, removal, or termination. (2) The compassionate allowance sanctioned under the proviso to sub-regulation (1) shall not be less than the amount of minimum pension payable under regulation 34. ### 30. Premature retirement pension. - Premature retirement pension may be granted to an employee who, - (a) has rendered minimum ten years of service; and (b) retires from service on account of orders of the Bank to retire prematurely in the public interest or for any other reason to be recorded in writing, if otherwise he was entitled to such pension on superannuation, on that date. ### 31. Compulsory retirement pension. - An employee compulsorily retired from service as a penalty, on or after the effective date, in terms of the Service Regulations, may be granted by the authority higher than the authority competent to impose such penalty, pension at a rate not less than two-thirds and not more than full pension admissible to him on the date of his compulsory retirement, if otherwise he was entitled to such pension on superannuation, on that date: Provided that where the pension awarded under this regulation is less than the full pension admissible under these regulations, the Board of Directors shall be consulted before such order is passed. ### 32. Payment of pension or family pension in respect of certain employees. (1) An employee who was in service between 1st day of September, 1987 and 31st day of March 2010 and retired from the service of the Bank before 31st day of March, 2018 shall, subject to the provisions of these regulations, be eligible for payment of pension from the effective date. (2) The family of a deceased employee, who was in service between the 1st day of September, 1987 and 31st day of March 2010 and died before the 31st day of March, 2018 shall, subject to the provisions of these regulations, be eligible for payment of family pension from the effective date. Chapter VI Rate of Pension ------------------------------- ### 33. Amount of pension. (1) In case of an employee who retired between the 1st day of September, 1987 and 31st day of October, 1987, the basic pension and additional pension wherever applicable, shall be upgraded as per the formula specified in Form-I. (2) In the case of an employee retiring after completing a qualifying service of not less than thirty-three years, the amount of basic pension shall be calculated at fifty per cent of the average emoluments. (3) (a) Additional pension referred to in sub-regulation (1) shall be fifty per cent of the average amount of the allowance drawn by an employee during the last ten months of his service. (b) No dearness relief shall be paid on the amount of additional pension. Explanation. - For the purposes of this sub-regulation, "allowance" means allowance which are admissible to the extent counted for making contributions to the Provident Fund. (4) Pension, as computed, being aggregate of pension and additional pension, shall be subject to the minimum pension as specified in regulation 34. (5) An employee who has commuted the admissible portion of his pension as per the provisions of regulation 39, shall receive only the balance of pension, monthly. (6) (a) In the case of an employee retiring before completing a qualifying service of thirty-three years, but after completing a qualifying service of ten years, the amount of pension shall be proportionate to the amount of pension and additional pension admissible under sub-regulations (2) and (3) and in no case the amount of pension shall be less than the amount of minimum pension specified in these regulations. (b) Notwithstanding anything contained in these regulations, the amount of invalid pension shall not be less than the ordinary rate of family pension which would have been payable to his family in the event of his death while in service. (7) The amount of pension finally determined under these regulations shall be expressed in whole rupee and where the pension contains a fraction of a rupee, it shall be rounded off to the next higher rupee. ### 34. Minimum pension. - The amount of minimum pension shall be, - (a) three hundred and seventy-five rupees per month in respect of an employee other than a permanent part-time employee, where the employee had retired before the 1st day of November, 1992 (in case of employees other than officers) or before the 1st day of July, 1993 (in case of officers) and proportionate amount thereof in the case of a permanent part-time employee who retired before the 1st day of November, 1992; (b) seven hundred and twenty rupees per month in respect of an employee other than a permanent part-time employee, where the employee had retired on or after the 1st day of November, 1992 (in case of employees other than officers) or on or after 1st day of July 1993 (in case of officers) and proportionate amount thereof in the case of a permanent part-time employee who had retired on or after the 1st day of November, 1992; (c) one thousand and sixty rupees per month in respect of an employee other than a permanent part-time employee, who retired on or after 1st April, 1998 but before 31st October, 2002 and three hundred and fifty-five rupees in respect of such employee drawing one third of scale wages, five hundred and thirty rupees in respect of such employee drawing one half of scale wages and seven hundred and ninety-five rupees in respect of such employee drawing three fourth of scale wages, where the employee retired on or after 1st day of April, 1998; (d) one thousand four hundred and thirty-five rupees per month in respect of an employee, other than permanent part time employee, where the employee retired on or after 1st November, 2002 and four hundred and eighty rupees per month in respect of such employee drawing one third of scale wages, seven hundred and twenty rupees per month in respect of such employee drawing one half of scale wages and one thousand and eighty rupees per month in respect of such employee drawing three fourth of scale wages, where the employee retired on or after the 1st day of May, 2005; (e) one thousand seven hundred and seventy-nine rupees per month in respect of an employee, other than a permanent part time employee, where the employee retired on or after 1st day of November, 2007 and five hundred and ninety-five rupees per month in respect of such employee drawing one third of scale wages, eight hundred and ninety-two rupees per month in respect of such employee drawing one half of scale wages and one thousand three hundred and thirty-nine rupees per month in respect of such employee drawing three fourth of scale wages, where the employee retired on or after the 1st day of November, 2007; (f) two thousand seven hundred and eighty-five rupees per month in respect of an employee, other than a permanent part time employee, where the employee retired on or after 1st day of November, 2012 and nine hundred and thirty-two rupees per month in respect of such employee drawing one third of scale wages, one thousand three hundred and ninety-seven rupees per month in respect of such employee drawing one half of scale wages and two thousand and ninety-six rupees per month in respect of such employee drawing three fourth of scale wages, where the employee retired on or after the 1st day of November, 2012. ### 35. Dearness relief. (1) Dearness relief shall be granted on basic pension or family pension or invalid pension or on compassionate allowance in accordance with the rates specified in Form II. (2) Dearness relief shall be allowed on full basic pension even after commutation. ### 36. Determination of the period of ten months for average emoluments. (1) The period of the preceding ten months for the purpose of average emoluments shall be reckoned from the date of retirement. (2) In the case of voluntary retirement or premature retirement, the period of the preceding ten months for the purpose of average emoluments shall be reckoned from the date on which the employee voluntarily retires or is prematurely retired by the Bank in public interest or for any other reasons to be recorded in writing. (3) In the case of dismissal or removal or compulsory retirement or termination of service, the period of the preceding ten months for the purpose of average emoluments shall be reckoned from the date on which the employee is dismissed or removed or compulsorily retired or terminated by the Bank. (4) If during the last ten months of the service, an employee had been absent from duty on extraordinary leave on loss of pay or had been under suspension and the period whereof does not count as service, the aforesaid period of extraordinary leave or suspension shall not be taken into account in the calculation of the average emoluments and equal period before the ten months shall be included. Chapter VII Family Pension ------------------------------- ### 37. Family pension (1) Notwithstanding the provisions contained in regulation 13, where an employee dies - (a) after completion of one year of continuous service; or (b) before completion of one year of continuous service, provided the deceased employee concerned immediately prior to his appointment to the service or post was examined by a medical officer approved by the Bank and declared fit for employment in the Bank; or (c) after retirement from service and was on the date of his death, in receipt of a pension, or compassionate allowance, the family of the deceased shall be entitled to family pension, the amount of which shall be determined in accordance with Form III: Provided that in respect of an employee who was in the service of the Bank on or after the 1st day of September, 1987 and had died while in service on or before the 31st day of October, 1987 or retired on or before 31st day of October, 1987 but died later, the family of the deceased shall, subject to exercising the option to become a member of the Fund under these regulations and refunding the amount in accordance with regulation 3, shall, subject to other provisions of these regulations, be entitled to additional family pension, the amount of which shall be determined in accordance with Form V. (2) The amount of pension shall be fixed at monthly rates and be expressed in whole rupees and where the pension contains a fraction of a rupee, it shall be rounded off to the next higher rupee: Provided that in no case a pension in excess of the maximum prescribed under these regulations shall be allowed. (3) (a) Where an employee, who is not governed by the Workmen's Compensation Act, 1923 ( 8 of 1923 ), - (i) dies while in service after having rendered not less than seven years' continuous service, the rate of family pension payable to the family shall be equal to fifty per cent of the pay last drawn or twice the family pension admissible under sub-regulation (1), whichever is less, and the amount so admissible shall be payable from the date following the date of death of the employee for a period of seven years or for a period upto the date on which the deceased employee would have attained the age of sixty-five years had he survived, whichever is less; and (ii) dies after retirement, the family pension as determined under sub-clause (i) shall be payable for a period of seven years or for a period upto the date on which the retired deceased employee would have attained the age of sixty-five years had he survived, whichever is less: Provided that in no case the amount of family pension determined under sub-clauses (i) and (ii) shall exceed the pension payable on retirement of such employee from the Bank. (b) Where an employee, who is governed by the Workmen's Compensation Act, 1923 ( 8 of 1923 ), dies while in service after having rendered not less than seven years' continuous service, the rate of family pension payable to the family shall be equal to fifty per cent of the pay last drawn or one and half times the family pension admissible under sub-regulation (1) , whichever is less and the pension so determined shall be payable for a period of seven years or for a period upto the date on which the deceased employee would have attained the age of sixty-five years had he survived, whichever is less. (c) After the expiry of the period referred to in clauses (a) and (b), the family, in receipt of family pension under these clauses shall be entitled to family pension at the rate admissible under sub-regulation (1). ### 38. Payment of family pension. (1) The period for which family pension is payable shall be,- (a) in case of a childless widow, for life or till her independent income from all sources become equal to two thousand five hundred and fifty rupees or more; (b) in the case of a widow with children or a widower, upto the date of death or remarriage, whichever is earlier; (c) in the case of a son or daughter (including widowed or divorced daughter), till such son or daughter attains the age of twenty-five years or upto the date of marriage of the son or daughter or remarriage of the daughter, whichever is earlier: Provided that the family pension payable to the son or daughter (including widowed or divorced daughter) shall be discontinued or not be admissible when the eligible son or daughter starts earning a sum in excess of two thousand five hundred and fifty rupees per month from any source: Provided further that an unmarried, widowed or divorced daughter who is not married or remarried even after the age of twenty-five years shall be eligible for family pension if there is no other family member or if her income from any source exceeds two thousand five hundred fifty per month. (d) in the case of an unmarried son or daughter of an employee suffering from any disorder or disability of mind or who is physically crippled or disabled so as to render him or her unable to earn a living even after attaining the age of twenty-five years, the family pension shall be payable to such son or daughter for life subject to condition that there is no other eligible family member: Provided that - (i) if such son or daughter is one among two or more living children of the employee, the family pension shall be initially payable to the minor children in the order set out in sub-regulation (3) until the last minor child attains the age of twenty-five years and thereafter the family pension shall be resumed in favour of the son or daughter suffering from disorder or disability of mind or who is physically crippled or disabled and shall be payable to him or her for life; (ii) if there are more than one such children suffering from disorder or disability of mind or who are physically crippled or disabled, the family pension shall be paid in the order of their birth and the younger of them will get the family pension only after the elder next above him or her ceases to be eligible and if the family pension is payable to twin children, it shall be paid in the manner set out in sub-regulation 4; (iii) the family pension shall be paid to such son or daughter through the guardian as if he or she were a minor except in the case of a physically crippled son or daughter who has attained the age of majority; (iv) before allowing the family pension for life to any such son or daughter, the competent authority shall satisfy that the handicap is of such a nature as to prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from a medical officer approved by the Bank, setting out, as far as possible, the exact mental or physical condition of the child; (v) the person receiving the family pension as guardian of such son or daughter or such son or daughter not receiving the family pension through a guardian shall produce every three years, a certificate from a medical officer approved by the Bank, to the effect that he or she continues to suffer from disorder or disability of mind or continues to be physically crippled or disabled; (vi) if such son or daughter starts earning a sum in excess of two thousand five hundred and fifty rupees per month and in such cases, it shall be the duty of the guardian or the son or daughter to furnish a certificate to the Bank every month that he or she has not started earning his or her livelihood or in case of daughter, that she has not yet married; (e) in the case of parents, the family pension payable shall be discontinued or not be admissible if the income of one of the parents or the aggregate income of both the parents from any source exceeds two thousand five hundred and fifty rupees per month: Provided that the family pension shall be payable first to the mother and after her death, to the father. (2) If a deceased employee or a pensioner leaves behind a widow or widower, the family pension shall become payable to the widow or widower, failing which to the eligible child or failing which, to the eligible parents. (3) Family pension to the children shall be payable in the order of their birth and the younger of them shall not be eligible for family pension unless the elder next above him or her has become ineligible for the grant of family pension. (4) Where the family pension is payable to twin children, it shall be paid to such children in equal shares: Provided that where one such child ceases to be eligible, his or her share shall revert to the other child and where both of them cease to be eligible, the family pension shall be payable to the next eligible single child or twin children, as the case may be. (5) Where family pension is granted under this regulation to a minor, it shall be payable to the guardian on behalf of the minor. (6) In case both wife and husband are employees of the Bank and are governed by the provisions of this regulation and one of them dies while in service or after retirement, the family pension in respect of the deceased shall be payable to the surviving husband or wife and in the event of death of the husband or wife, the surviving child or children shall be granted the two family pensions in respect of the deceased parents, subject to the limits specified below, namely:- (a) if the surviving child or children is or are eligible to draw two family pensions at the rates mentioned in sub-clause (i) of clause (a) and clause (b) of sub-regulation (3) of regulation 37, the amount of both pension shall be limited to- (i) two thousand five hundred rupees per mensem in respect of an employee who retired or died while in service prior to the 1st day of November, 1992; (ii) four thousand eight hundred rupees per mensem in respect of an employee who retired or died after the 1st day of November, 1992 (in the case of employee other than officer) or on or after 1st day of July, 1993 (in the case of an officer); and (iii) six thousand seven hundred and fifty-six rupees per mensem in respect of an employee, who retired or died on or after 1st day of April, 1998; (iv) nine thousand five hundred and sixty-five rupees per mensem in respect of an employee, who retired or died on or after 1st day of May, 2005; (v) eleven thousand eight hundred and fifty-six rupees per mensem in respect of an employee, who retired or died on or after 1st day of November 2007; (b) if one of the family pensions ceases to be payable at the rates mentioned in sub clause (i) of clause (a) or clause (b) of sub-regulation (3) of regulation 37 and in lieu thereof the family pension at the rate mentioned in sub-regulation (1) of regulation 37 becomes payable, the amount of both the pension shall also be limited to- (i) two thousand five hundred rupees per mensem in respect of an employee who retired or died while in service prior to the 1st day of November, 1992 (in the case of an employee other than an officer) or prior to 1st day of July, 1993 (in the case of an officer); (ii) four thousand eight hundred rupees per mensem in respect of an employee who retired or died on or after the 1st day of November, 1992 (in case of an employee other than an officer) or on or after 1st day of July, 1993 (in the case of an officer); and (iii) six thousand seven hundred and fifty six rupees per mensem in respect of an employee, who retired or died on or after 1st day of April, 1998: (iv) nine thousand five hundred and sixty-five rupees per mensem in respect of an employee, who retired or died on or after 1st day of May, 2005; (v) eleven thousand eight hundred and fifty-six rupees per mensem in respect of an employee, who retired or died on or after 1st day of November, 2007; (c) if both the family pensions are payable at the rate mentioned in sub-regulation (1) of regulation 37, amount of the two pensions shall be limited to- (i) one thousand two hundred and fifty rupees per mensem in the case of an employee who retired or died while in service prior to the 1st day of November, 1992 (in the case of an employee other than an officer) or 1st day of July, 1993(in the case of an officer); (ii) two thousand four hundred rupees per mensem in respect of an employee who retired or died on or after the 1st day of November, 1992 (in the case of an employee other than an officer) or on or after 1st day of July, 1993 (in the case of an officer); and (iii) three thousand three hundred and seventy-eight rupees in respect of an employee who retired or died on or after 1st day of April, 1998; (iv) four thousand seven hundred and eighty-three rupees per mensem in respect of an employee who retired or died on or after 1st day of May, 2005; (v) five thousand nine hundred and twenty-eight rupees per mensem in respect of an employee who retired or died on or after 1st day of November, 2007. (d) (i) Where family pension is payable to more widows than one, the family pension shall be paid to the widows in equal shares. (ii) On the death of a widow, her share of the family pension shall become payable to her eligible child: Provided that if the widow is not survived by any child, her share of the family pension shall not lapse but shall be payable to the other widows in equal shares, or if there is only one such other widow, in full, to her. (iii) Where the deceased employee or pensioner is survived by a widow but has left behind eligible child or children from another wife who is not alive, the eligible child or children shall be entitled to the share of family pension which the mother would have received if she had been alive at the time of the death of the employee or pensioner: Provided that on the share or shares of family pension payable to such a child or children or to a widow or widows ceasing to be payable, such share or shares shall not lapse, but shall be payable to the other widow or widows or to the other child or children otherwise eligible, in equal shares, or if there is only one widow or child, in full, to such widow or child. (iv) Where the deceased employee or pensioner is survived by a widow but has left behind eligible child or children from a divorced wife or wives, such eligible child or children shall be entitled to the share of family pension which the mother would have received at the time of death of the employee or pensioner had she not been so divorced: Provided that on the share or shares of family pension payable to such a child or children or to a widow ceasing to be payable, such share or shares, shall not lapse, but shall be payable to the other widow or widows or to the other child or children otherwise eligible, in equal shares, or if there is only one widow or child, in full, to such widow or child. (7) Where an employee dies leaving behind a judicially separated spouse with no child or children, the family pension in respect of the deceased shall be payable to the person surviving if such spouse is not remarried: Provided that where the judicial separation is granted on the ground of adultery and the death of the employee takes place during the period of such judicial separation, the family pension shall not be payable to the person surviving if such person surviving was held guilty of committing adultery. (8) (a) Where an employee dies leaving behind a judicially separated spouse with a child or children, the family pension payable in respect of the deceased shall be payable to the surviving spouse provided he or she is the guardian of such child or children. (b) Where the surviving person has ceased to be the guardian of such child or children, such family pension shall be payable to the person who is the actual guardian of such child or children. (9) If the son or unmarried daughter eligible for the grant of family pension has attained the age of eighteen years, the family pension may be paid to such son or unmarried daughter directly. (10) (a) If a person who, in the event of death of an employee while in service, is eligible to receive family pension under these regulations, is charged with the offence of murdering the employee or for abetting in the commission of such an offence, the claim of such a person, including other eligible member or members of the family to receive the family pension, shall remain suspended till the conclusion of the criminal proceeding instituted against him. (b) If on the conclusion of the criminal proceedings referred to in clause (a), the person concerned, - (i) is convicted for the murder or abetting in the murder of the employee, such a person shall be debarred from receiving the family pension which shall be payable to the other eligible member of the family, from the date of death of the employee; (ii) is acquitted of the charge of murder or abetting in the murder of the employee, the family pension shall be payable to such a person from the date of death of the employee. (c) The provisions of sub-clauses (a) and (b) shall also apply for the family pension becoming payable on the death of an employee after his retirement. Chapter VIII Commutation ----------------------------- ### 39. Commutation. (1) An employee shall be entitled to commute for a lump sum payment of a fraction not exceeding one-third of his pension: Provided that in respect of an employee who was in service before the effective date but died after his retirement before the notified date, the family of such employee shall also be entitled to commute for a lump sum payment a fraction not exceeding one-third of the pension admissible to the employee. (2) An employee shall indicate the fraction of pension, which he desires to commute, and may either indicate the maximum limit of one-third pension or such lower limit, as he may desire to commute. (3) If fraction of pension to be commuted results in fraction of rupee, such fraction of a rupee shall be ignored for the purpose of commutation. (4) The lump sum payable to an applicant shall be calculated in accordance with the Table given below: Commutation values for a pension of one rupee per annum \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Age next birthday \| Commutation value expressed as number of year's purchase \| Age next birthday \| Commutation value expressed as number of year's purchase \| \| (1) \| (2) \| (3) \| (4) \| \| 17 \| 19.28 \| 35 \| 16.92 \| \| 18 \| 19.20 \| 36 \| 16.72 \| \| 19 \| 19.11 \| 37 \| 16.52 \| \| 20 \| 19.01 \| 38 \| 16.31 \| \| 21 \| 18.91 \| 39 \| 16.09 \| \| 22 \| 18.81 \| 40 \| 15.87 \| \| 23 \| 18.70 \| 41 \| 15.64 \| \| 24 \| 18.59 \| 42 \| 15.40 \| \| 25 \| 18.47 \| 43 \| 15.15 \| \| 26 \| 18.34 \| 44 \| 14.90 \| \| 27 \| 18.21 \| 45 \| 14.64 \| \| 28 \| 18.07 \| 46 \| 14.37 \| \| 29 \| 17.93 \| 47 \| 14.10 \| \| 30 \| 17.78 \| 48 \| 13.82 \| \| 31 \| 17.62 \| 49 \| 13.54 \| \| 32 \| 17.46 \| 50 \| 13.25 \| \| 33 \| 17.29 \| 51 \| 12.95 \| \| 34 \| 17.11 \| 52 \| 12.66 \| \| 53 \| 12.35 \| 69 \| 7.22 \| \| 54 \| 12.05 \| 70 \| 6.91 \| \| 55 \| 11.73 \| 71 \| 6.60 \| \| 56 \| 11.42 \| 72 \| 6.30 \| \| 57 \| 11.10 \| 73 \| 6.01 \| \| 58 \| 10.78 \| 74 \| 5.72 \| \| 59 \| 10.46 \| 75 \| 5.44 \| \| 60 \| 10.13 \| 76 \| 5.17 \| \| 61 \| 9.81 \| 77 \| 4.90 \| \| 62 \| 9.48 \| 78 \| 4.65 \| \| 63 \| 9.15 \| 79 \| 4.40 \| \| 64 \| 8.82 \| 80 \| 4.17 \| \| 65 \| 8.50 \| 81 \| 3.94 \| \| 66 \| 8.17 \| 82 \| 3.72 \| \| 67 \| 7.85 \| 83 \| 3.52 \| \| 68 \| 7.53 \| 84 \| 3.32 \| \| \| \| 85 \| 3.13 \| Notes: 1. The table above indicates the commuted value of pension expressed as number of years' purchase with reference to the age of the pensioner as on his next birthday. ### 2. The commuted value in the case of an employee retiring at the age of fifty eight years is 10.46 years' purchase and, therefore, if he commutes rupees one hundred from his pension within one year of retirement, the lump sum amount payable to him works out to Rs.100 X 10.46 X 12 = Rs. 12,552. (5) An employee who had commuted the admissible portion of pension is entitled to have the commuted portion of the pension restored after the expiry of a period of fifteen years from the date of commutation. (6) An applicant who is authorised a superannuation pension, voluntary retirement pension, premature retirement pension, compulsory retirement pension, invalid pension or compassionate allowance shall be eligible to commute a fraction of his pension under these regulations: Provided that on and from 1st July, 2003, an applicant in whose case the commuted value of pension becomes payable on the day following the date of retirement or from the date from which commutation becomes absolute, the reduction in the amount of pension on account of commutation shall become operative from its inception and where payment of commuted value of pension could not be made within the first month after the date of retirement or within the first month after the date when the commutation becomes absolute, the difference between the normal monthly pension and the commuted pension shall be paid for the period between the date on which commutation becomes absolute and the difference between the monthly pension and the commuted pension shall be paid for the period between the date following the date of retirement or the date when the commutation becomes absolute and the date preceding the date on which commuted value of pension is deemed to have been paid. (7) In the case of a pensioner eligible for superannuation pension or pension on voluntary retirement or premature retirement pension, no medical examination shall be necessary if the application for commutation is made within one year from the date of retirement and where such a pensioner applies for commutation of pension after one year from the date of his retirement, the same will be permitted subject to medical examination: Provided that in the case of an applicant who is in receipt of a provisional pension under regulation 44 and for whom pension in whole or in part on the finalisation of the departmental or judicial proceedings has been authorised, the period of one year referred to in this sub-regulation shall reckon from the date of issue of the orders consequent upon the finalisation of the departmental or judicial proceedings. (8) An applicant who - (i) retires on invalid pension under regulation 28; or (ii) is in receipt of compassionate allowance under regulation 29; or (iii) is compulsorily retired by the Bank and is eligible for compulsory retirement pension under regulation 31, shall be eligible to commute a fraction of his pension subject to the limit specified in sub-regulation (1) , after he has been declared fit by a medical officer approved by the Bank. (9) The commutation of pension shall be become absolute in the case of an employee - (i) retiring on superannuation or on voluntary retirement who submits an application for commutation of pension before the date of retirement, on the date following the date or retirement: Provided that the employee governed by sub-regulation (3) of regulation 27 shall not apply for commutation of a part of his pension before the expiry of the notice of three months and the commutation of pension shall become absolute only on the expiry of the period of notice referred to in sub-regulation (1) of regulation 27; (ii) retiring on superannuation or on voluntary retirement or on premature retirement, if he applied for commutation of pension after the date of retirement but before the completion of one year from the date of retirement, on the date the application for commutation is received by the competent authority; (iii) retiring on superannuation or on voluntary retirement or on premature retirement, if he applies for commutation of pension after one year from the date of retirement, on the date of the medical certificate given by medical officer approved by the Bank; (iv) who was in service between 1st September, 1987 and 31st March, 2010 and retired on or before 31st March, 2018 and who opts to become a member of the Fund under these regulations, on the 1st day of April, 2018, where the application of commutation is made in Form VI within one year from the date of retirement and Form VII and Form VIII in all other cases, within the period specified in sub-regulation (1) of regulation 3;. (v) who was in the service of the bank on or after the 1st day of April, 2018, but who retired prior to the publication of these regulations, on the day immediately following the date of his retirement, where the application is made in Form VI within the period specified in subregulation (1) of regulation 3; (vi) who retired on or after the 1st day of April, 2018, but died prior to the notified date, on the day immediately following the date of his retirement, where the application for commutation is made within one year from the date of his death by the family of the deceased in Form VI, within the period specified in sub-regulation (1) of regulation 3; (vii) in respect of whom invalid pension under regulation 28 or compassionate allowance under regulation 29 or compulsory retirement pension under regulation 31 is admissible commutation shall become absolute on the date of the medical certificate given by medical officer approved by Bank. Chapter IX General Conditions ---------------------------------- ### 40. Pension subject to future good conduct. - Future good conduct shall be an implied condition of every grant of pension and its continuance under these regulations. ### 41. Withholding or withdrawal of pension. - The competent authority may, by order in writing, withhold or withdraw a pension or a part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or criminal breach of trust or forgery or acting fraudulently or is found guilty of grave misconduct: Provided that where part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the minimum pension per mensem payable under these regulations. ### 42. Conviction by court. - Where a pensioner is convicted of a serious crime by a court, action shall be taken in the light of the judgment of the court relating to such conviction. ### 43. Pensioner guilty of grave misconduct. - In a case not falling under regulation 42, if the competent authority considers that the pensioner is prima facie guilty of grave misconduct, it shall, before passing an order, follow the procedure specified in the Service Regulations. ### 44. Provisional pension. (1) An employee who has retired on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or where departmental proceedings are continued, a provisional pension, equal to the maximum pension which would have been admissible to him, would be allowed subject to adjustment against final retirement benefits sanctioned to him, upon conclusion of the proceedings but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or the pension is reduced or withheld, either permanently or for a specified period. (2) In cases referred to in sub-regulation (1), the gratuity shall be paid to the employee and only on conclusion of the proceedings and any recoveries to be made from an employee shall be adjusted against the amount of gratuity payable. Explanation. - in this Chapter, - (a) "serious crime" includes a crime involving an offence under the Official Secrets Act, 1923 ( 19 of 1923 ); (b) "grave misconduct" includes the communication or disclosure of any secret official code or password or any sketch, plan, model, article, note, documents or information, such as is mentioned in section 5 of the Official Secrets Act, 1923 ( 19 of 1923 ) which was obtained while holding office in the Bank so as to prejudicially affect the interests of the general public or the security of the State; (c) "fraud" shall have the meaning assigned to it under section 25 of the Indian Penal Code, 1860 (45 of 1860); (d) "criminal breach of trust" shall have the meaning assigned to it under section 405 of the Indian Penal Code, 1860 (45 of 1860); (e) "forgery" shall have the meaning assigned to it under section 463 of the Indian Penal Code, 1860 (45 of 1860). ### 45. Commutation of pension during departmental or judicial proceedings. - An employee against whom departmental or judicial proceedings have been instituted before the date of his retirement shall not be eligible to commute a fraction of his provisional pension under these regulations during the pendency of such proceedings. ### 46. Recovery of pecuniary loss caused to the Bank. (1) The competent authority may withhold or withdraw a pension or a part there of, whether permanently or for a specified period, and order recovery from pension of the whole or part of any pecuniary loss caused to the Bank if in any departmental or judicial proceedings the pensioner is found guilty of grave misconduct or negligence or criminal breach of trust or forgery or acts done fraudulently during the period of his service: Provided that before passing any final orders under this sub-regulation, the Board shall be consulted: Provided further that where a part of pension is withheld or withdrawn the amount of pension drawn by a pensioner shall not be less than the minimum pension payable under these regulations: Provided also that departmental proceedings, if instituted while the employee was in service, shall, after the retirement of the employee, be deemed to be the proceedings under these regulations and shall be continued and concluded by the authority by which they were commenced in the same manner as if the employee had continued service. (2) No departmental proceedings shall be initiated in respect of an event if more than four years time lapsed after the event: Provided that the disciplinary proceedings initiated under this sub-regulation shall be in accordance with the procedure applicable to disciplinary proceedings in relation to the employee during the period of his service. (3) Where the competent authority orders recovery of pecuniary loss from the pension, the recovery shall not ordinarily be made at a rate exceeding one third of the pension admissible on the date of retirement of the employee. ### 47. Recovery of Bank's dues. - The Bank shall be entitled to recover the dues to the Bank on account of housing loans, advances license fees, other recoveries and recoveries due to staff co-operative credit society from the commutation value of the pension or the pension or the family pension. ### 48. Commercial employment after retirement. (1) A pensioner who immediately before his retirement was holding the post of an officer who wishes to accept any commercial employment before the expiry of one year from the date of his retirement, shall obtain the previous sanction of the Bank before such acceptance and subject to the provision of sub-regulation (2), the Bank may, by order in writing, grant permission subject to such conditions as it may deem necessary or refuse permission, for reasons to be recorded in writing. (2) In granting or refusing permission under sub-regulation (1) to a pensioner for taking up any commercial employment, the Bank shall have regard to the following factors, namely:- (a) the nature of the employment proposed to be taken up and the antecedents of the employer; (b) whether his duties in the employment which he proposes to take up might be such as to bring him into conflict with the Bank; (c) whether the pensioner while in service had any such dealing with the employer under whom he proposes to seek employment as it might afford a reasonable basis for the suspicion that such pensioner had shown favours to such employer; (d) whether the duties of the commercial employment proposed involve liaison or contract work with Bank; (e) whether his commercial duties will be such that his previous official position or knowledge or experience under Bank could be used to give the proposed employer an unfair advantage; (f) the emoluments offered by the proposed employer; and (g) any other relevant factor. (3) Where within a period of sixty days of the date of receipt of an application under sub-regulation (2), the Bank does not communicate the grant or refusal of permission to the applicant, the applicant shall be deemed to have been granted the permission: Provided that in any case where defective or insufficient information is furnished by the applicant and it becomes necessary for the Bank to seek further clarifications or information from him, the period of sixty days shall be counted from the date on which the defects have been removed or complete information has been furnished by the applicant. (4) Where the Bank grants the permission applied for subject to any conditions or refuses such permission, the applicant may, within thirty days of the receipt of the order of the Bank to that effect, make a representation against any such condition or refusal and the Bank may make such orders thereon as it deems fit: Provided that no order shall be made under this sub-regulation without giving the pensioner making the representation an opportunity to show cause against the order proposed to be made. (5) If any pensioner takes up any commercial employment at any time before the expiry of one year from the date of his retirement without the prior permission of the Bank or commits a breach of any condition for such permission, it shall be competent for the Bank to declare by order in writing and for reasons to be recorded therein that he shall not be entitled to the whole or such part of the pension and for such periods as may be specified in the order: Provided that no such order shall be made without giving the pensioner concerned an opportunity of show cause against the order proposed to be made: Provided further that in making any order under this sub-regulation, the Bank shall have regard to the following factors, namely:- (i) the financial circumstances of the pensioner concerned; (ii) the nature of, and the emoluments from, the commercial employment taken up by the pensioner concerned, and; (iii) any other relevant factor. (6) Every order passed by the Bank under this regulation shall be communicated to the pensioner concerned. (7) In this regulation, the expression "commercial employment" means - (i) an employment in any capacity including that of an agent, under a company (including a banking company), co-operative society, firm or individual engaged in trading, commercial industrial, financial or professional business and includes also a directorship of such company (including a banking company), and partnership of such firm but does not include employment under a body corporate, wholly or substantially owned or controlled by the Central Government or a State Government; (ii) setting up practice, either independently or as a partner of a firm, as advisor or consultant in matters in respect of which the pensioner - (A) has no professional qualifications and the matters in respect of which the practice is to be set up or is carried on are relatable to his official knowledge or experience, or (B) has professional qualifications and the matters in respect of which the practice is to be set up are such as are likely to give his clients an unfair advantage by reason of his previous official position, or (C) has to undertake work involving liaisons or contact with the offices or officers of the Bank. Explanation. - For the purpose of this clause, the expression "employment under a cooperative society" includes the holding of any office, whether elective or otherwise, such as that of President, Chairman, Manager, Secretary, Treasurer and the like, by whatever name called in such society. ### 49. Nomination. (1) The trust shall allow every employee governed by these regulations to make a nomination conferring on one or more persons the right to receive the amount of pension benefits under these regulations in the event of his death before that amount becomes payable or, having become payable, has not been paid and such nomination shall be made in such form as may be specified by the Bank from time to time. (2) If any employee nominates more than one person under sub-regulation (1), he shall, in his nomination, specify the amount or share payable to each of the nominees in such a manner as to cover the whole of the amount of the pension benefits that may be payable in the event of his death. (3) A nomination made by an employee may, at any time, be modified or revoked by him after giving a written notice to the trust of his intention of doing so in such form as the Bank may from time to time specify. (4) A nomination or its revocation or its modification shall take effect to the extent it is valid on the date on which it is revised by the trust. ### 50. Date from which pension becomes payable. (1) Except in the case of an employee to whom the provisions of regulation 41 and regulation 44 apply, pension other than the family pension shall become payable from the effective date or, as the case may be, from the date following the date of retirement, whichever is later, if the employee has exercised his option to become a member of the Fund and refunded the entire amount of Bank's contribution within the time stipulated under these regulations. (2) Except in the case of an employee to whom the provisions of regulation 41 and regulation 44 apply, family pension shall become payable from the effective date or, as the case may be, from the date following the date of death of the employee, whichever is later, if the family of the deceased employee has exercised the option to become member of the Fund and refunded the entire amount of Bank's contribution within the time stipulated under these regulations. ### 51. Currency in which pension is payable. - All pension admissible under these regulations shall be payable in rupees in India only. ### 52. Manner of payment of pension. - A pension fixed at a monthly rate shall be payable monthly on or after the first day of the following month. ### 53. Power to issue instructions. - The Chairman of the Bank, with the approval of the Board may from time to time issue instructions, as may be considered necessary or expedient for the implementation of these regulations. ### 54. Residuary provisions. - In case of doubt, in the matter of application of these regulations, regard may be had to the corresponding provisions of Central Civil Services Rules, 1972 or Central Civil Services (Commutation of Pension) Rules, 1981 applicable for Central Government employees with such exceptions and modifications as the Bank, after consultation with Canara Bank being the Sponsor Bank and the National Bank and with the previous sanction of the Central Government, may from time to time, determine. Form I [See regulation 33(1) ] Updation of Basic Pension and Additional Pension ### 1. The formula of updating basic pension and additional pension in respect of employees who retired during the period between 1st day of September, 1987 and 31st October, 1987 shall be as under: \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| (A) \| (a) \| 50 per cent of first Rs.1000 of the average emoluments reckonable for pension \| Rs.------------------- \| \| \| \| (b) \| 45 per cent of next Rs.500 \| Rs.------------------- \| \| \| \| (c) \| 40 per cent of the average emoluments reckonable for pension exceeding Rs.1500 \| Rs.------------------- \| \| \| \| \| Total (a+b+c) \| Rs.------------------- \| \| \| (B) \| \| 50 per cent of the average monthly emoluments for the last 10 months in service prior to retirement \| Rs.------------------- \| \| \| (C) \| \| Dearness Relief at index number 600 in the All India Average Consumer Price Index for Industrial Workers in the series 1960=100, on basic pension calculated at (A) above, \| Rs.------------------- \| \| \| (D) \| \| Total basic pension =(B) + (C) X Number of years of qualifyingservice (Maximum 33 years) 33 \| Rs.------------------- \| \| \| (E) \| \| Basic pension as on 1.4. 2018 (Rounded off to the next higher rupee) \| Rs.------------------- \| \| ### 2. Special allowances to the extent of the amount ranking for making contributions to the Provident Fund corresponding to the special allowances drawn at the time of retirement shall be reckoned for the purpose of additional pension. ### 3. Rates of dearness relief worked out at index number 600 in the All India Average Consumer Price Index for Industrial Workers in the series 1960=100 for all classes of employees who retired during the period between 1st day of September, 1987 and 31st October, 1987: \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| (a) \| Employees in subordinate staff cadre \| : \| 80.40 per cent of pension calculated at 1(A) above. \| \| (b) \| Employees in clerical staff cadre drawing pension up to Rs.756 per month \| : \| 67 per cent of pension calculated at 1(A) above. \| \| (c) \| Employees in clerical staff cadre drawing pension of Rs.757 per month and above will be eligible for dearness relief as under: \| \| Table \| \| Sl. No. \| Amount of basic pension drawn (Rs.) \| \| The amount of dearness relief per month admissible (Rs.) \| \| (1) \| (2) \| \| (3) \| \| 1. \| 757-796 \| \| 508.00 \| \| 2. \| 797-804 \| \| 534.00 \| \| 3. \| 805-824 \| \| 540.00 \| \| 4. \| 825-844 \| \| 553.00 \| \| 5. \| 845-864 \| \| 567.00 \| \| 6. \| 865-884 \| \| 580.00 \| \| 7. \| 885-904 \| \| 593.00 \| \| 8. \| 905-924 \| \| 607.00 \| \| 9. \| 925-944 \| \| 620.00 \| \| 10. \| 945-964 \| \| 634.00 \| \| 11. \| 965-984 \| \| 647.00 \| \| 12. \| 985-1004 \| \| 660.00 \| \| 13. \| 1005-1024 \| \| 674.00 \| \| 14. \| 1025-1044 \| \| 687.00 \| \| 15. \| 1045-1064 \| \| 701.00 \| \| 16. \| 1065-1085 \| \| 714.00 \| \| 17. \| 1058 above \| \| 727.00 \| \| (d) \| Employees in officer cadre shall be eligible for dearness relief as under: \| \| Table \| \| Sl.No. (1) \| (2) \| \| (3) \| \| (i) \| For those drawing basic pension Up to Rs.765 per month \| : \| 66 per cent of the amount of Pension calculated at 1(A) above subject to a maximum of Rs.500 \| \| (ii) \| For those drawing basic pension From Rs.766 to Rs.1165 per month \| : \| Rs.500 \| \| (iii) \| For those drawing basic pension of Rs.1166 per month or above \| : \| 42.90 per cent of amount of pension calculated as at 1(A) above Subject to a maximum of Rs.715 \| Form-II [See regulation 35(1) ] Dearness Relief On Pension Dearness relief on basic pension shall be as under: (1) In the case of employees who retired on or after the 1st day of September, 1987, but before the 1st day of November, 1992 for workmen cadre and before the 1st of July 1993 for officers cadre, dearness relief shall be payable for every rise or be recoverable for every fall, as the case may be, of every 4 points over 600 points in the quarterly average of the all India Average Consumer Price Index for Industrial Workers in the series 1960 = 100 and such increase or decrease in dearness relief for every said four points shall be calculated in the manner given below: Table \| \| \| \| \| --- \| --- \| --- \| \| Sl. No. \| Scale of basic pension per month \| The rate of dearness relief as a percentage of basic pension \| \| (1) \| (2) \| (3) \| \| (i) \| Up to Rs.1250 \| 0.67 per cent. \| \| (ii) \| Rs.1251 to Rs. 2000 \| 0.67 per cent of Rs.1250 plus 0.55 per cent of basic pension in excess of Rs.1250. \| \| (iii) \| Rs.2001 to Rs.2130 \| 0.67 per cent of Rs.1250 plus 0.55 per cent of the difference between Rs.2000 and Rs.1250 plus 0.33 per cent of basic pension in excess of Rs.2000. \| \| (iv) \| Above Rs.2130 \| 0.67 per cent of Rs.1250 plus 0.55 per cent of the difference betweenRs.2000 and Rs.1250 plus 0.33 per cent of the difference betweenRs.2130 & Rs. 2000 Plus 0.17 per cent of basic pension in excess ofRs.2130. \| (2) In the case of employees in workmen cadre who retired on or after 1st day of November, 1992; and in the case of employees in the officers cadre who retire on or after the 1st day of July 2013 but before the first day of April 1998, dearness relief shall be payable for every rise or be recoverable for every fall, as the case may be, of every 4 points over 1148 points in the quarterly average of All India Average Consumer Price Index for Industrial workers in the series 1960=100 and such increase or decrease in dearness relief for every said four points shall be calculated in the manner given below: \| \| \| \| \| --- \| --- \| --- \| \| Sl. No. \| Scale of basic pension per month \| The rate of dearness relief as a percentage of basic pension \| \| (1) \| (2) \| (3) \| \| (i) \| (i) Up to Rs.2400 \| 0.35 per cent. \| \| (ii) \| (ii) Rs.2401 to Rs.3850 \| 0.35 per cent of Rs.2400 plus 0.29 per cent of basic pension in excess of Rs.2400. \| \| (iii) \| (iii) Rs.3851 to Rs.4100 \| 0.35 per cent of Rs.2400 plus 0.29 per cent .of the difference between Rs.3850 and Rs.2400 plus 0.17 per cent of basic pension in excess of Rs.3850. \| \| (iv) \| (iv) Above Rs.4100 \| 0.35 per cent of Rs.2400 plus 0.29 per cent of the difference between Rs.3850 and Rs.2400 plus 0.17 per cent of the difference between Rs.4100 and Rs.3850 plus 0.09 per cent of basic pension in excess of Rs.4100. \| (3) In case of employees who retire on or after 1st day of April 1998 but on or before the 31st October 2002, dearness relief shall be payable for every rise or be recoverable for every fall, as the case may be, of every 4 points over 1684 points in the quarterly average of the All India Average Consumer Price Index for Industrial Workers in the series 1960=100 and such increase or decrease in dearness relief for every said four points shall be calculated in the manner given below : \| \| \| \| \| --- \| --- \| --- \| \| Sl.No. \| Scale of Basic Pension per month \| The rate of dearness relief as a percentage of basic pension \| \| 1 \| 2 \| 3 \| \| (i) \| Upto Rs.3550 \| 0.24 per cent \| \| (ii) \| Rs.3551 to Rs.5650 \| 0.24 per cent of Rs.3550 plus 0.20 per cent of the basic pension in excess of Rs.3550 \| \| (iii) \| Rs.5651 to Rs.6010 \| 0.24 per cent of Rs.3550 plus 0.20 per cent of the difference between Rs.5650 and Rs.3550 plus 0.12 per cent of basic pension in excess of Rs.5650 \| \| (iv) \| Above Rs.6010 \| 0.24 per cent of Rs.3550 plus 0.20 per cent of the difference between Rs.5650 and Rs.3550 plus 0.12 per cent difference between Rs.6010 and Rs.5650 plus 0.06 per cent of basic pension in excess of Rs.6010 \| (4) In respect of employees who retire on or after 1st day of November, 2002 but before the 31st October, 2007, dearness relief shall be payable for every rise or be recoverable for every fall, as the case may be, of every 4 points over 2288 points in the quarterly average of the All India Average Consumer Price Index for Industrial Workers in the series 1960=100, at the rate of 0.18 per cent of basic pension. (5) In respect of employees who retire on or after 1st day of November, 2007 but before the 1st day of November 2012, dearness relief shall be payable for every rise or be recoverable for every fall, as the case may be, of every 4 points over 2836 points in the quarterly average of the All India Average Consumer Price Index for Industrial Workers in the series 1960=100, at the rate of 0.15 per cent of basic pension. (6) In respect of employees who retire on or after 1st day of November, 2012, dearness relief shall be payable for every rise or be recoverable for every fall, as the case may be, of every 4 points over 4440 points in the quarterly average of the All India Average Consumer Price Index for Industrial Workers in the series 1960=100, at the rate of 0.10 per cent of basic pension. Note: 1. Dearness relief shall be payable for the half year commencing from the 1st day of February and ending with 31st day of July on the quarterly average of the index figures published for the months of October, November and December of the previous year and for the half year commencing from the 1st day of August and ending with the 31st day of January on the quarterly average of the index figures published for the months of April, May and June of the same year. ### 2. In the case of family pension, invalid pension, dearness relief shall be payable in accordance with the rates mentioned above. ### 3. Dearness relief will be allowed on full basic pension even after commutation. ### 4. Dearness relief is not payable on additional pension. ### 5. Pensioner whose basic pension is less than minimum pension but the aggregate of basic pension and additional pension is more than the minimum pension shall draw dearness relief as applicable to minimum pension Form III [See regulation 37(1) (c)] Ordinary Rates of Family Pension The ordinary rates of family pension shall be as under: (a) In respect of employees other than part-time employees, where the employee retired before 1st day of November, 1992. \| \| \| \| --- \| --- \| \| Scale of pay per month (1) \| Amount of monthly family pension (2) \| \| Upto Rs.1500 \| 30 per cent of the pay shall be the basic family pension plus 30 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs.375 per month. \| \| Rs.1501 to Rs.3000 \| 20 per cent of the pay shall be the basic family pension plus 20 per cent of allowances which are counted for making contributions to Provident Fund but not dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs.450 per month. \| \| Above Rs.3000 \| 15 per cent of the pay shall be the basic family pension plus 15 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs.600 per month and not more than Rs.1250 per month. \| (b) In respect of employees other than part-time employees, retired on or after the 1st day of November, 1992 but before the 1st day of November, 1997. \| \| \| \| --- \| --- \| \| Scale of pay per month (1) \| Amount of monthly family pension (2) \| \| Upto Rs.2870 \| 30 per cent of the 'pay shall be the basic family pension plus 30 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall be subject to a minimum of Rs.720 per month. \| \| Rs.2871 to Rs.5740 \| 20 per cent of the 'Pay' shall be the basic family pension plus 20 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall be subject to a minimum of Rs.860 per month. \| \| Above Rs.5740 \| 15 per cent of the 'Pay' shall be the basic family pension plus 15 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall be subject to a minimum of Rs.1150 per month and a maximum of Rs.2400 per month. \| (c) In respect of employees other than part-time employees retiring on or after 1st day of November, 1997 but before the 1st day of November, 2002 \| \| \| \| --- \| --- \| \| Scale of pay per month (1) \| Amount of monthly family pension (2) \| \| Upto Rs.4210 \| 30 per cent of the pay shall be the basic family pension plus 30 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs.1056 per month. \| \| Rs.4211 to Rs.8420 \| 20 per cent of the pay shall be the basic family pension plus 20 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs.1262 per month. \| \| Above Rs.8420 \| 15 per cent of the pay shall be the basic family pension plus 15 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs.1687 per month and a more than Rs.3521 per month. \| (d) In respect of employees other than part-time employees retiring on or after the 1st day of November, 2002 but before the 1st day of November, 2007 \| \| \| \| --- \| --- \| \| Scale of pay per month (1) \| Amount of monthly family pension (2) \| \| Up to Rs.5720 \| 30 per cent of the pay shall be the basic family pension plus 30 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs.1435 per month. \| \| Rs.5721 to Rs.11440 \| 20 per cent of the pay shall be the basic family pension plus 20 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs.1715 per month. \| \| Above Rs.11440 \| 15 per cent of the pay shall be the basic family pension plus 15 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs.2292 per month and a more than Rs.4784 per month. \| (e) In respect of employees other than part-time employees retiring on or after 1st day of November, 2007 but before the 1st day of November, 2012 \| \| \| \| --- \| --- \| \| Scale of pay per month (1) \| Amount of monthly family pension (2) \| \| Up to Rs7090 \| 30 per cent of the pay shall be the basic family pension plus 30 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs.1779 per month. \| \| Rs.7091 to Rs.14180 \| 20 per cent of the pay shall be the basic family pension plus 20 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs.2186 per month. \| \| Above Rs.14180 \| 15 per cent of the pay shall be the basic family pension plus 15 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs.2841 per month and a more than Rs.5930 per month. \| (f) In respect of employees other than part-time employees retiring on or after 1st day of November, 2012. \| \| \| \| --- \| --- \| \| Scale of pay per month (1) \| Amount of monthly family pension (2) \| \| Up to Rs 11100 \| 30 per cent of the pay shall be the basic family pension plus 30 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs. 2785 per month. \| \| Rs. 11101 to Rs.22200 \| 20 per cent of the pay shall be the basic family pension plus 20 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs.3422 per month. \| \| Above Rs. 22200 \| 15 per cent of the pay shall be the basic family pension plus 15 per cent of allowances which are counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension and the aggregate of basic and additional family pension shall not be less than Rs.4448 per month and a more than Rs. 9284 per month. \| Note: 1. Dearness relief is not payable on additional family pension. ### 2. Scale of pay for the purpose of calculation of family pension as above shall be the aggregate of 'pay' as defined in sub-clause (t) of regulation 2 and "allowances" as defined in the explanation to sub-regulation (1) of regulation 33. ### 3. In the case of a part-time employee, the minimum amount of family pension and maximum amount of family pension shall be in proportion to the rate of scale wages drawn by the employee. ### 4. In case the aggregate of basic family pension and additional family pension falls short of minimum pension the pensioner may be given minimum family pension and dearness relief may be paid on such minimum family pension and no additional family pension shall be payable over and above the minimum family pension. Form IV [See regulation 25(2) ] Qualifying Service For Permanent Part Time Employees \| \| \| \| \| --- \| --- \| --- \| \| Sl. No. \| Actual service on scale wages rendered on permanent part-time basic in one week \| Length of corresponding qualifying service for each year of service rendered on permanent part time basis for calculating the amount of pension \| \| (1) \| (2) \| (3) \| \| 1. \| Six hours or more but up to 13 hours \| One third of a year \| \| 2. \| More than 13 hours but up to 19 hours \| One half of a year \| \| 3. \| More than 19 hours but up to 29 hours \| three fourth of a year \| \| 4. \| More than 29 hours \| one year \| Form V [See regulation 37(1) (c)] Computation of Basic Family Pension and Additional Family Pension The formula for computing basic family pension and additional family pension in respect of employees who were in the service of the Bank on or after the 1st day of September, 1987 and had died while in service on or before the 31st day of October, 1987 or had retired on or before the 31st day of October, 1987 but died shall be as under: - \| \| \| \| --- \| --- \| \| (1) \| Basic Family Pension: \| \| (A) \| Pay drawn by the deceased employee at the time of death/ retirement \| Rs. \_\_\_\_\_\_\_ \| \| (B) \| Basic family pension at the ordinary rates as per Table given below \| Rs. \_\_\_\_\_\_\_ \| \| (C) \| Dearness Relief at index 600 in the All India Average Consumer Price Index for Industrial Workers in the series 1960=100 as per Table I given in Appendix- I on the basic family pension calculated at (B) above. \| Rs. \_\_\_\_\_\_\_ \| \| (D) \| Updated basic family pension i.e. (B) + (C) \| Rs. \_\_\_\_\_\_\_ \| \| (E) \| Updated basic family pension as per (D) above (rounded off to next higher rupee) \| Rs. \_\_\_\_\_\_\_ \| \| (F) \| Basic family pension at one and half times or twice the updated basic family pension as the case may be of (D) above (rounded off to next higher rupee) \| Rs. \_\_\_\_\_\_\_ \| \| \| \| \| --- \| --- \| \| (2) \| Additional Family pension: \| \| \| Special allowance to the extent of the amount ranking for making contributions to the Provident Fund in terms of the Bipartite Settlement dated 10th April, 1989 or Service Regulations corresponding to the special allowance drawn before the retirement or death shall be reckoned for the purpose of additional family pension. \| \| (3) \| The basic family pension shall be at the rates given as under: \| \| \| \| \| --- \| --- \| \| Pay Range \| Amount of family pension \| \| (1) \| (2) \| \| Below Rs.664 \| 30 per cent of pay shall be the basic family pension plus 30 per cent of the allowances which counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension with a minimum of Rs.100 and maximum of Rs.166. \| \| Rs.664 and above but below Rs.1992 \| 15 per cent of pay shall be the basic family pension plus 15 per cent of allowances which counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension with a minimum of Rs.166 and maximum of Rs.266. \| \| Rs.1992 and above \| 12 per cent of pay shall be the basic family pension plus 12 per cent of allowances which counted for making contributions to Provident Fund but not for dearness allowance shall be the additional family pension with a minimum of Rs.266 and maximum of Rs.415. \| Note:1. Dearness relief is not payable on additional family pension. ### 2. In case the aggregate of updated basic family pension and updated additional family pension falls short of Rs.375, the pensioner may be paid Rs.375 with dearness relief thereon in which case no updated additional family pension shall be payable. Form VI [See regulation 39 (9) ] Name of the Bank : Pragathi Krishna Gramin Bank Application for Commutation of Pension without Medical Examination(to be submitted within one year from the date of retirement) \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| ToDesignated Authority \| \| Space forAffixingattestedpassport sizephotograph \| \| Dear Sir, I retired/will retire from the Bank's service with effect from --------------- and have opted for Bank's Pension Scheme. I desire to commute a fraction of my pension in accordance with the Pragathi Krishna Gramin Bank (Employee's) Pension Regulations, 2018. The necessary particulars are furnished below: \| \| \| \| --- \| --- \| \| Name in full (in block letters) \| : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| Designation at the time of Retirement \| : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| Name of Office/Department from which retired \| : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| Date of birth (as per Bank's Service Record) \| : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| Date of Retirement \| : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| Class of Pension \| : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| Fraction of Pension proposed to be Commuted notexceeding 1/3rd thereof. \| : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| \| \| \| --- \| --- \| \| \| \_\_\_\_\_\_\_\_\_\_\_\_\_\_Signature \| \| Place : \| Address: --------------------------------------------------------------------------------------- \| Acknowledgement Received from Shri/Smt/Kum \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ application for commutation of Pension. \| \| \| \| --- \| --- \| \| Former Designation \| \| \| Place :Date: \| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(Signature of Designated Authority) \| Form VII [See regulation 39 (9) ] Name of the Bank : Pragathi Krishna Gramin Bank Application for Commutation of Pension subject to Medical Examination (to be submitted in duplicated) Part - I \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| ToDesignated Authority Dear Sir,I desire to commute a fraction of my pension in accordance withPragathi Krishna Gramin Bank(Employee's) Pension Regulations, 2018. An attested copy of my photograph is affixed on the application and an unattested copy is enclosed. The necessary particulars are furnished below: \| \| Space forAffixingattestedpassport sizephotograph \| \| \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name in full (in block letters \| : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| 2. \| Designation at the time of retirement \| : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| 3. \| Name of Office/Department from which retired \| : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| 4. \| Date of birth (as per Bank's Service Record) \| : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| 5. \| Date of Retirement \| : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| 6. \| Class of Pension \| : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| 7. \| Fraction of Pension proposed to be commutednot exceeding 1/3rd thereof \| : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| 8. \| Preference for station where medical examinationis desired to take place \| : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| \| \| \| --- \| --- \| \| \| \_\_\_\_\_\_\_\_\_\_\_\_\_\_Signature \| \| Place :Date: \| Address: --------------------------------------------------------------------------------------- \| Acknowledgement Received from Shri/Smt/Kum. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ application for commutation of Pension. \| \| \| \| --- \| --- \| \| (Former Designation) \| \| \| Place :Date: \| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(Signature of Designated Authority) \| Form VII - Part - II (To be completed by the Designated Authority) \| \| \| \| \| --- \| --- \| --- \| \| 1. \| Name of the Applicant \| : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| 2. \| Date of birth (as per Bank's Service Record) \| : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| 3. \| Date of Retirement \| : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| 4. \| Class of Pension \| : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| 5. \| Amount of Pension \| : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| 6. \| Amount of Pension desired to be commuted \| : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| On the basis of \| \| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| Added Years \| \| Normal Age ---------------------------------- \| \| 1 Year \| 2 Years \| \| \| \_\_\_\_\_\_\_\_\_\_ \| \_\_\_\_\_\_\_\_\_ \| \_\_\_\_\_\_\_\_\_\_\_ \| \| Rs. \| Rs. \| Rs. \| \| \_\_\_\_\_\_\_\_\_\_\_ \| \_\_\_\_\_\_\_\_\_\_ \| \_\_\_\_\_\_\_\_\_ \| \| 7. \| (i) Sum payable if commutation becomes absolute before theapplicant's next birthday which falls on \_\_\_\_\_\_\_\_\_\_\_ \| : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| (ii) Sum payable if commutation becomes absolute after theapplicant's next birthday which falls on \_\_\_\_\_\_\_\_\_\_ \| : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| 8. \| Number of enclosures, if any (see note below) \| \| \| \| \| \| --- \| --- \| \| Place:Date: \| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(Signature of Designated Authority) \| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Note: The Designated Authority should enclose with the Form, a copy of the receipt or statement of the applicant's case if the applicant has been granted invalid pension or has previously commuted a part of his pension or declined to accept commutation on the basis of an addition of years to actual age, or has been refused (commutation) on medical grounds. Form VII - Part - II (contd.) Copy forwarded to Shri/Smt./Kum.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (give complete postal address) with the remarks that subject to the Bank's Medical Officer's recommendation, he/she will, on the basis of the report of the Designated Authority be eligible for the lump sum payment in lieu of the amount of pension to be commuted as follows: - \| \| \| \| --- \| --- \| \| \| On the basis of \| \| Added Years \| \| Normal Age --------------------------------------------------------------------- \| \| \| 1 Year \| 2 Years \| \| \_\_\_\_\_\_\_\_\_\_ \| \_\_\_\_\_\_\_\_\_\_ \| \_\_\_\_\_\_\_\_\_\_ \| \| Rs. \| Rs. \| Rs. \| \| \_\_\_\_\_\_\_\_\_\_ \| \_\_\_\_\_\_\_\_\_\_ \| \_\_\_\_\_\_\_\_\_\_ \| \| (i) Sum payable if commutation becomesabsolute before the applicant's nextbirthday which falls on \_\_\_\_\_\_\_\_\_\_\_ \| : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| \| (ii) Sum payable if commutation becomesabsolute after the applicant's next birthdaywhich falls on \_\_\_\_\_\_\_\_\_\_ \| : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| Note: The Table of the present value, on the basis of which calculation by the Designated Authority has been made, is subject to alteration at any time without notice and consequently the basis is liable to revision before payment is made and the sum payable will be the sum appropriate to the applicant's age on his birthday next after the date on which the commutation becomes absolute or if the medical authority directs that years will be added to that age, to the consequent assumed age. Acknowledgement Shri/Smt./Kum. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ should report for medical examination to the Bank's Medical Officer at Bank's Dispensary between \_\_\_\_\_\_\_\_ a.m. and \_\_\_\_\_\_\_\_ p.m. on \_\_\_\_\_\_\_\_\_\_\_. He/She should take with him/her the enclosed Form No.VIII with the particulars required in Part-1 completed except the signature or thumb impressions. Place :Date : \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(Signature of Designated Authority) Form VII - Part III Name of Bank : Pragathi Krishna Gramin Bank (Draft Letter to Bank's Medical Officer Referring the pensioner for Medical Examination) Ref. No.: Date : To Dr. ---------------------------------- (Bank's Medical Officer) Sir/Madam, Medical Examination-Commutation of Pension Shri /Smt./ Kum.---------------------------------------- who retired from the service on ----------------- --------as-------------------------- (Designation) has applied for commuting a fraction of his/her pension for a lump sum payment. The following documents are forwarded herewith. (a) Application in Form No.VII in original. (b) \* Report or statement of the applicant's case if he has been granted invalid pension or has previously commuted a fraction of his pension or declined to accept commutation on the basis of addition of years to his actual age or has been refused commutation on Medical Grounds. In terms of regulation\_\_\_\_\_\_\_\_of Pragathi Krishna Gramin Bank (Employees') Pension Regulations, 2018 (commutation of pension), Shri/Smt./Kum.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_should be examined by a Bank's Medical Officer. It is requested that arrangement may be made to get Shri / Smt. / Kum \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ examined as expeditiously as possible preferably within four weeks. A copy of this letter is being endorsed to him/her so that he/she may appear for medical examination before you at the earliest. The receipt of this letter may please be acknowledged. Yours faithfully (Designated Authority) \*Strike off whichever not applicable Form VIII [See regulation 39(9) ] Part I -------- Name of Bank : Pragathi Krishna Gramin Bank \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Declaration by the Pensioner for facilitatingMedical Examination by the Bank's Medical Officer. \| \| Space for Affixingattested passportsize photograph \| \| The applicant must complete this statement prior to his examination by Bank's Medical Officer and must sign the declaration appended thereto in the presence of Bank's Medical Officer. ### 1. Name in full (in block letters) ### 2. Date of birth (as per Bank's Service Record) ### 3. Particulars regarding Parents. Father's age, if living and state of health.Father's age at death and cause of death.Mother's age, if living and state of health.Father's age at death and cause of death. ### 4. Have you been considered for grant of invalid Pension ?If so, state the ground thereof. ### 5. Have you been granted leave on Medical certificate during theLast three years of your service ?if so, state period of leaveand nature of illness. ### 6. Have you during the last three years period (a) suffered from any major illness requiring hospitalization ?If so, the nature of illness and period of hospitalization may please be indicated; or (b) undergone any major surgical operation (c) lost or gained weight markedly \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Declaration by Applicant To be signed in presence of the Bank's Medical Officer I declare all the above answers to be, to the most of my belief, true and correct. I am fully aware that by wilfully making a false statement or concealing a relevant fact, I shall incur the risk of losing the commutation. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Applicant's signature or thumb-impression in case of illiterate applicant \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Signature of Bank's Medical Officer) Form VIII - Part II Medical details of the Pensioner (To be filled by the examining Medical Officer) ### 1. Apparent age ### 2. Height ### 3. Weight ### 4. Describe any scars or identifying Marks of the applicant ### 5. Pulse rate- (a) Sitting (b) Standing What is the character of the pulse ? ### 6. Blood pressure- (a) Systolic (b) Diastolic ### 7. Is there any evidence of disease of the main organs - (a) Heart (b) Lungs (c) Liver (d) Spleen (e) Kidney ### 8. Investigations (wherever considered necessary by the Bank's Medical Officer) (i) Urine (State specific gravity) (ii) Blood (iii) X-R-ray Chest (iv) E.C.G. ### 9. Any additional finding Form VIII - Part III Certificate of Fitness for Payment of Commutation of pension (To be filled by the examining Medical Officer) I/We have carefully examined Shri/Smt./Kum.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_and am/are of opinion that - He /She is in good bodily health and has the prospect of an average duration of life. OR He/She is not in good bodily health and is not a fit subject for commutation. OR Although he/she is suffering from \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_he/she is considered fit subject for commutation but his/her age for the purpose of commutation, i.e. the age next birthday should be taken to be\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(In words) years more than his/her actual age. \| \| \| \| --- \| --- \| \| Place :Date: \| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(Signature and Designation ofExamining Medical Officer) \|
65ba4df6ab84c7eca86eaec3	acts	Daman and Diu - Act --------------------- The Goa, Daman and Diu Land Revenue (City Survey) Rules, 1969 --------------------------------------------------------------- DAMAN AND DIU India The Goa, Daman and Diu Land Revenue (City Survey) Rules, 1969 =============================================================== Rule THE-GOA-DAMAN-AND-DIU-LAND-REVENUE-CITY-SURVEY-RULES-1969- of 1969 ------------------------------------------------------------------------- * Published in Gazette of India The Goa, Daman and Diu Land Revenue (City Survey) Rules, 1969 on 16 February 1971 * Not commenced The Goa, Daman and Diu Land Revenue (City Survey) Rules, 1969 Published vide Notification No. RD/LRC/245/69-71/5, dated 16th February, 1971 RD/LRC/245/69-71/V. - In exercise of the powers conferred by sub-section (2) of section 199 of the Land Revenue Code, 1968 (9 of 1969) and all other powers enabling him in that behalf the Lieutenant Governor of Goa, Daman and Diu is hereby pleased to make the following rules:- ### 1. Short title and commencement. (1) These rules may be called the Goa, Daman and Diu Land Revenue (City Survey) Rules, 1969. (2) They shall come into force at once. ### 2. Definitions. - In these rules, unless the context otherwise, requires:- (a) "Code" means the Goa, Daman and Diu Land Revenue Code, 1968; (b) "Director" means the Director of Settlement and Land Records; (c) "Form" means a Form appended to these rules; (d) "Inspector" means the Inspector of Surveys and Land Records; (e) "section" means a section of the Code. ### 3. Collector to issue notice of survey. - Where a survey of lands in any village, town or city as directed to be made by the Government under section 65 the Collector shall cause to be issued in Form 'A' a general notice to the inhabitants of such village, town or city informing them about the introduction of the survey and calling upon the house owners, mortgagees, absentee owners and other persons having interest in the lands to be surveyed to give all information to the survey officers appointed for the purpose and to ensure that their lands are measured and rights recorded correctly. ### 4. Survey officer and his staff. - Subject to the control of such officer as may be designated by the Government in this behalf, a survey officer not below the rank of an Inspector shall be in charge of the survey operations. In conducting the survey operations, the survey officer shall be assisted by such staff of the Land Survey Department as such officer designated by the Government may appoint. ### 5. Survey operations. - Operations connected with any survey shall be carried out by the staff referred to in rule 4 as provided in that rule in such manner as the Director may, from time to time direct. The operations so carried out shall be recorded in maps drawn to a scale as may from time to time be laid down by the Director. The staff shall also record information in respect of particulars of the property and names of the holders thereof and enter it in columns 1 to 4 of the inquiry register in Form 'B'. The maps and the register so prepared shall then be forwarded for the purposes of rule 6 to the Inquiry Officer who shall be a Survey Officer not below the rank of an Inspector or a Mamlatdar appointed by the Government or as the case may be, the Director. ### 6. Procedure of enquiry. (1) It shall be the duty of the Inquiry Officer to determine, for each parcel of land situated within the limits of the area under survey, who is entitled to be confirmed in possession of each such parcel of land, what possessions constitute encroachments, easements or licenses and what lands vest in a local authority or Government and, in case of land adjudged to be in the legitimate possession of a private individual or body, its tenure and liability to pay land revenue. (2) For purposes of determining the right, title and interest of individuals and bodies in respect of lands under survey under sub-rule (1), the Inquiry Officer shall hold an enquiry under section 14 of the Code or section 85 of the Goa, Daman and Diu Municipalities Act, 1968. The maps and registers referred to in rule 5 shall be corrected in accordance with the decision of the Inquiry Officer or, where an appeal is filed or a civil suit instituted, in accordance with the final order passed in appeal or civil suit. (3) The Inquiry Officer shall send a list of unoccupied vacant plots of waste land which are not claimed by any person to the Collector. The Collector shall, on receipt of such list, cause a public notice in Form 'C' to be affixed on each such plot requiring any person desiring to claim any interest in the plots to appeal before the Inquiry Officer within the period specified in the notice with documentary evidence of title to the plot. If any claim is made in relation to such plot, the Inquiry Officer shall proceed to determine it in accordance with sub-rule (2) . If no claim is made within the period aforesaid, the plot shall be entered as land vesting in the Central Government. ### 7. Property Card Register. - The final results of the enquiry shall be recorded for each parcel of land separately in a card in Form 'D' to be called "Property Card Registers". ### 8. Survey fees. (1) The survey fees payable under section 66 shall ordinarily be so fixed by the Collector that the total sum payable in respect of the site under survey shall cover the cost of the survey and preparation of the Property Card Register thereof. (2) In fixing the fees for each building site or any portion thereof held separately, the Collector shall have regard to the provision of sub-rule (1) and to the position, value and area of such building site or portion, thereof. ### 9. Form of sanad to be issued under section 67. - The sanad to be issued under section 67 to every holder of building site shall be in Form E. ### 10. Fee for supply of duplicate copy of sanad. - If any holder applies for a copy of sanad under section 67 a copy of such sanad may be supplied to him on payment of a fee not exceeding one rupee. ### 11. [ Responsibility for maintenance of record of rights and register of mutations. [Inserted by Amendment Rules, 1985.] - In areas surveyed under section 65, the survey officer or Revenue Officer not below the rank of a Mamlatdar shall be responsible for the up-to-date maintenance of the record of rights and register of mutations in all surveyed cities and towns within his jurisdiction.] ### 12. Form of acknowledgement of report under section 96. - The acknowledgement of the receipt of the report made by any person under section 96 shall be made in Form F. ### 13. Entries in register of mutations. - The reports and intimations of acquisition or transfer received by the Talathi under sub-section (1) of section 97, shall be entered by him in the Property Card. ### 14. Notice of mutation. - As soon as a mutation is entered in the Property Card under rule 13, the Talathi shall post up a complete copy of the entry in the towns or city in a conspicuous place. He shall also simultaneously give notice in Form G to all persons appearing from the Property Card to be interested in the mutation and to any person whom he has reason to believe to be interested therein, requiring them to send their objections, if any, to the entry either orally or in writing if any, to the entry either orally or in writing within fifteen days from the date of receipt of such notice. ### 15. Form of acknowledgement for objections and of register of disputed cases. - The acknowledgement for objections received in response to the notice given under rule 14 shall be given in Form H and the register of disputed cases in which such objections should be entered shall be in Form I ### 16. Disposal of disputes and certification. - The disputes entered in the register of disputed cases shall be decided and the mutations in the Property Card certified by a revenue or survey officer not below the rank of an Awal Karkun in the manner provided in rule 13 of the Goa, Daman and Diu Land Revenue (Records of Rights and Register of Cultivators) Rules, 1969. ### 17. Transfer of existing record of rights to Property Card. - The existing record of rights referred to in section 107 of such towns and cities as may be specified by a revenue or survey officer not below the rank of the Collector in this behalf, shall be transferred to the Property Card in accordance with the procedure prescribed in rule 14 of the Goa, Daman and Diu Land Revenue (Record of Rights and Register of Cultivators) Rules, 1969. Form 'A' (See rule 3) Public Notice All inhabitants of the village, town/city of........................ are hereby informed that the Government has, by its Order No................................, dated................................. directed under section 65 of the GD&D Land Revenue Code, 1968, the survey of lands (other than those used ordinarily for the purposes of agriculture only) within the site of the said village, town/city. Accordingly, the survey officer will start work [from] [Here state the date.] All house-owners in the said village/town/city are hereby informed that they should be present on the date which will hereafter be fixed by the survey officer for the measurement of their houses and other property and should give all possible information to the survey officer to enable him to measure their properties correctly. Mortgagors, mortgagees, absentee owners and other persons having interest in the lands to be surveyed should take steps to see that their rights are recorded correctly. After the survey, sanad will be given by which rights over property in land will be permanently fixed. Sometimes, the measurers will have to enter the houses for internal measurements. Notice of this will be given before hand. No house will be entered unnecessarily. [The cost incurred, if any, for employing hired labour for measurement or classification of the lands to which the survey extends or for objects incidental to the survey shall be recoverable from the land holders as revenue demand. If the holders render more assistance, the survey work will be expedited and the cost of survey will be less.] [To be deleted in cases where the village to be surveyed has a population of less than 2,000.] Dated:- Collector, Form 'B' (See rule 5) \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Serial No. or Chalta No. \| Old City Survey Municipal or Village Panchayat or Survey and Sub-Division or plot No. \| Area \| Supposed name of holders (a) as in Municipal Records or other wise and other interested or claiming parties (B) , (C), (d) etc. \| Date of service of notice (a) upon the occupant etc. (B) upon the property issued under rule 2(1) of the G.D. & D. Land Revenue (Inquiry into Title of Land) Rules, 1969. \| Who of (a) , (b), (c), etc. in column 4 were present. \| Is the plan prepared and measurement taken by the surveyor accepted by the party confirmed or corrected by Inquiry Officer. \| Final City Survey No. \| \| (1) \| (2) \| (3) \| (4) \| (5) \| (6) \| (7) \| (8) \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Classification under rule 8(2) for survey fee. \| Amount of survey fee fixed by the Collector. \| Receipt No. for fees paid. \| Tenure and rent or assessment with date on which it is due for revision. \| Decisions in respect of name of holder, mortgages in possession, or lessee or encumbrance-holder and attached casements. \| Reference to the file of proceedings when contested. \| Date of service of decision order issued under rule 2(3) of the G., D. & D. Land Revenue (Inquiry into Title of Land) Rules, 1969. \| Appeal order, if any. \| Remarks \| \| (9) \| (10) \| (11) \| (12) \| (13) \| (14) \| (15) \| (16) \| (17) \| \| \| \| \| \| \| \| \| \| \| Form 'C' [(See rule 6 (3) ] Public Notice (to be affixed on open land) The plot of waste land described below is claimed by the Central Government. If any person has a right of ownership or any other right over it, he should appear with any documentary or other evidence which he may possess regarding his right over the said land, before the survey officer at his office situated in within ten days from the date of this notice. If no person having right of ownership or any other right over the land appears before the survey officer at his office within the said period, the said land will be treated as Government property. \| \| \| \| --- \| --- \| \| Dated:- \| Collector \| \| Description of land \| \| \| Street \| House No. \| (in the Municipal Register) or otherwise, known as the boundaries of which are as under:- \| \| \| \| --- \| --- \| \| To the North \| To the East \| \| To the South \| To the West \| Form 'D' (See rule 7) Property Card Register \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Survey No. \| Area \| Tenure \| Particulars of assessment or rent paid toGovernment and when due for revision \| \| Easements:- \| \| Holder in origin of the title (so far as traced). \| \| Lessee- \| \| Other encumbrances- \| \| \| \| Other remarks: \| \| \| \| Date \| Trantion \| Volume No. \| New Holder (H) Lessee (L)or Encumbrances (E) \| Attestation \| Form 'E' (See rule 9) Form of sanad for building sites (The Asoka Capital Motif) The Government of Goa, Daman and Diu To ......................................................................... Whereas the Government of Goa, Daman and Diu with a view to the settlement of the land revenue, and the record and preservation of proprietary and other rights connected, with the soil as under the provisions of the Goa, Daman and Diu Land Revenue Code, 1968, directed a survey of the land within the ................................ of .......................... and ordered the necessary inquiries connected therewith to be made, this sanad is issued under section 67 of the said Code to the effect that,- There is a certain plot of ground occupied by you in the .................................. Division of the............................. of ................................. Register No. ................................... in the map marked sheet .............................. No. .......................... and facing towards the ................................. road leading from .................................. to................................. containing about......................... square meters and of the following shape and about the following dimensions:- You are hereby confirmed in the said occupancy exempt from all land revenue (or subject to the Payment of Rs. ........................................ per annum of the land revenue). The terms of your tenure are such that your occupancy is both transferable and heritable, and will be continued by the Central Government, without any objection or question as to title to whosoever shall from time to time be its lawful holder (subject only to the condition of the payment annually of the above land revenue according to the provision of the Goa, Daman and Diu Land Revenue Code, 1968 or of any other law for the time being in force, and to the liability to have the said rate of assessment revised at the expiration of a term of .......................... years reckoned from the ................................. and thereafter at successive periods of .......................... years in perpetuity, and to the necessity for compliance with the provisions of the law from time to time in force as to the time and manner of payment of the said assessment, and to the liability of forfeiture of the said occupancy and of all rights and interests connected therewith in case of your failure to pay the said assessment as required by law). [Form 'F'] [Inserted by Amendment Rules, 1985.] (See rule 12) Form of Acknowledgement of the Report Regarding Acquisition of Right Received from ................ of................. village............... taluka..............on 19............... a report orally/in writing regarding the acquisition of rights in respect of P.T. Sheet No...............Chalta No............ of ........... town/city in the........................ taluka with the following documents in support thereof:- Talathi of ........................... Date...................... Place.................... Form 'G' (See rule 14) Intimation under section 97 of the Goa, Daman and Diu Land Revenue Code, 1968 To, ........................................ ........................................ Whereas, an entry has been made in the register of mutations of the village ........................ in the ............. Taluka regarding the acquisition of rights in land as specified below:- \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Serial No. \| Date of entry in theregister of mutations \| Nature of rights acquired \| Survey number and sub-division numberor P.T. Sheet No. and Chalta No. inwhich the rights have been acquired \| \| \| \| \| \| \And whereas it appears to me from the record of rights register of mutations that you are interested in the said mutation. \And whereas, I have reason to believe that you are interested in the said mutation. Now, therefore, I ......................................... (here enter name), the Talathi of the city/town in which the aforesaid land is situated, hereby intimate to you about the said mutation entry, and call upon you to send to me either orally or in writing within fifteen days from the date of receipt of this intimation your objection, if any, to the said entry. Please note that if no objection is received by me within the said period of fifteen days, it shall be presumed that you agree to the said entry. Talathi of ...................... Place ...................... Date ....................... \* Strike out which is not applicable. Form 'H' (See rule 15) Form of Acknowledgement of objection to Mutation Entry Received from .................... of .................... city/town, in the .................... taluka, on .......... 19.... objection orally/in writing in respect of mutation entry No............ of ............. town/city, in the ................... taluka. Talathi of ....................... Place ............................. Date .............................. Form 'I' (See rule 16) Register of Disputed Cases \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Serial No. \| Serial No. in mutation register or rough copy of record of rights Survey number and sub-division number \| P. T. Sheet No. and Chalta No. \| Date of receipt objection \| Particulars of dispute with names of disputing parties \| Decision of Officer \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| \| \| \| \| \| \| \|
65baab12ab84c7eca86ec4e5	acts	State of Gujarat - Act ------------------------ Gujarat Closed Textile Undertakings (Nationalisation) Act, 1986 ----------------------------------------------------------------- GUJARAT India Gujarat Closed Textile Undertakings (Nationalisation) Act, 1986 ================================================================= Act 10 of 1986 ---------------- * Published on 3 September 1986 * Commenced on 3 September 1986 Gujarat Closed Textile Undertakings (Nationalisation) Act, 1986 Gujarat Act No. 10 of 1986 (First published, after having received the assent of the president in the "Gujarat Government Gazette" on the 27th February, 1986). An Act to provide for the acquisition and transfer of the closed textile undertakings and the right, title and interest of the owners in respect of the closed textile undertakings specified in the first schedule with a view to reorganising and reconstructing the said textile undertakings and thereby forming viable units to subserve the interest of the general public by the augmentation of. the production and distribution, at fair prices of different varieties of cloth and yarn, and for matters connected therewith or incidental thereto. It is hereby enacted in the Thirty-Seventh year of the Republic of India, as follows.- ### 1. Short title and commencement. (1) This Act may be called the Gujarat Closed Textile Undertakings (Nationalisation) Act, 1986. (2) It shall be deemed to have come into force on the 8th November, 1985. ### 2. Definitions. (1) In this Act, unless the context otherwise requires,- (a) "appointed day" means the 8th day of November, 1985 ; (b) "bank" means- (i) The State Bank of India constituted under the State Bank of India Act, 1955 (23 of 1955); (ii) a subsidiary bank as defined in the Sate Bank of India (subsidiary Banks) Act, 1959 (38 of 1959); (iii) a corresponding new bank constituted under Section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970); [(iii-a) a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980).] [Sub-Clause (iii-a) inserted by Gujarat 20 of 1986, dated 3rd September 1986] (iv) any other bank, being a scheduled bank as defined in clause (a) of Section 2 of the Reserve Bank of India Act, 1934 (2 of 1934); (c) "Commissioner" means a Commissioner of Payments appointed under Section 12; (d) "Corporation" means the Gujarat State Textile Corporation Ltd., formed and registered under the Companies Act, 1956 (1 of 1956); (e) "notification" means a notification published in the Official Gazette, (f) "owner" when used in relation to a specified textile undertaking, means any person or firm who or which is immediately before the appointed day, the immediate proprietor or lessee or occupier of the specified textile undertaking or any part thereof, and in the case of a textile company which is being wound up or the business whereof is being carried on by a liquidator or receiver includes such liquidator or receiver, and also includes any agent or manager of such owner; (g) "prescribed" means prescribed by rules made under this Act; (h) "specified date" means such date as the State Government may for the purpose of any provision of this Act, by notification, specify; and different dates may be specified for different provisions of this Act; (i) "specified textile undertaking" means a textile undertaking specified in the first schedule to this Act; (j) "textile" includes yarn or fabrics made either wholly or partly of cotton, wool, jute, synthetic and artificial (man-made) fibres; (k) "textile company" means a company specified in column (3) of the First Schedule as owning the textile undertaking specified in the corresponding entry in column (2) of that Schedule; (l) "textile undertaking" means an undertaking engaged in the manufacture of textiles and to which the provisions of the Factories Act, 1948 (63 of 1948) apply. (2) Words and expressions used but not defined in this Act and defined in the Industries (Development and Regulation) Act, 1951 (65 of 1951), shall have the meanings respectively assigned to them in that Act. (3) Words and expressions used but not defined either in this Act or in the Industries (Development and Regulation) Act, 1951 (65 of 1951), but defined in the Companies Act, 1956 (1 of 1956), shall have the meanings respectively assigned to them in the Companies Act, 1956 (1 of 1956). Chapter II Acquisition of the Rights of Owners of Specified Textile Undertakings ------------------------------------------------------------------------------------- ### 3. Acquisition of right of owners in respect of textile undertakings. (1) On the appointed day, every specified textile undertaking and the right, title and interest of the owner in relation to every such textile undertaking shall stand transferred to, and shall vest absolutely in, the State Government. (2) The specified textile undertaking which stands vested in the State Government by virtue of sub-section (1) shall, immediately after it has so vested, stand transferred to, and vest in, the Corporation. ### 4. General effect of vesting. (1) The specified textile undertaking referred to in Section 3 shall be deemed to include all assets, rights, lease holds, powers, authorities and privileges and all property, movable and immovable, including lands, buildings, workshops, stores, instruments, machinery and equipment, cash balances, cash on hand, reserve funds, investments and book debts and all other rights and interests in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control of the owner of the specified textile undertaking, whether within or outside India, and all books of account, registers and all other documents of whatever nature relating thereto. (2) All property as aforesaid which has vested in the State Government under subsection (1) of Section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other encumbrances affecting it, and any attachment, injunction or decree or order of any court restricting the use of such property in any manner shall be deemed to have been withdrawn. (3) Where any licence or other instrument in relation to the specified textile undertaking had been granted at any time before the appointed day to an owner by the Central Government or the State Government or any other authority, the Corporation shall, on and from such date, be deemed to be substituted such licence or other instrument in place of the owner referred to therein as if such licence or other instruments had been granted to the Corporation and it shall hold such licence or such other instrument for the remainder of the period for which the owner would have held such license or such other instrument. (4) Every mortgagee of any property which has vested under this Act in the State Government and every person holding any charge, lien or other interest in or in relation to any such property, shall giver, within such time and in such manner as may be prescribed, an intimation to the Commissioner of such mortgage, charge, lien or other interest. (5) For the removal of doubt, it is hereby declared that the mortgagee of any property referred to in sub-section (2) or any other person holding any charge, lien or other interest in, or in relation to, any such property shall be entitled to claim, in accordance with his rights and interests, payment of the mortgage money or other dues, in whole or in part, out of the amount specified in relation to such property in Section 7, but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the State Government. ### 5. Owner to be liable for certain prior liabilities. (1) Every liability of the owner of the specified textile undertaking in respect of any period prior to the appointed day, shall be the liability of such owner and shall be enforceable against him and not against the State Government or the Corporation. (2) For the removal of doubt, it is hereby declared that,- (a) save as otherwise expressly provided in this Section or in any other Section of this Act, no liability, in relation to the appointed day shall be enforceable against the State Government or the Corporation; (b) no liability of the specified textile undertaking or any owner thereof for the contravention, before the appointed day, of any provision of law for the time being in force, shall be enforceable against the State Government or the Corporation. ### 6. Contributions by State Government. - An amount equal to the value of the assets of the specified textile undertaking transferred to and vested in, the Corporation under sub-section (2) of Section 3, shall be deemed to be the contribution made by the State Government to the Corporation. Chapter III Payment of Amount ---------------------------------- ### 7. Payment of amount to owners of specified textile undertakings. (1) The owner of every closed textile undertaking shall be given by the State Government, in cash and in the manner specified in Chapter V, for the transfer to, and vesting in, the State Government under sub-section (1) of Section 3 of the specified textile undertaking and the right, title and interest of owner in relation to such textile undertaking, an amount equal to the amount specified against it in the corresponding entry in column (4) of the First Schedule. (2) In addition to the amount referred to in sub-section (1) there shall be given by the State Government, in cash, to the owner of every specified textile undertaking, simple interest at the rate of four percent per annum on the amount specified against such owner in the corresponding entry in column (4) of the First Schedule for the period commencing on the appointed day and ending on the date on which the payment of such amount is made by the State Government to the Commissioner. (3) The amount representing interest calculated at the rate specified in sub-section (2) shall be given in addition to the amount specified in the First Schedule. (4) Where any liability of the owner specified in the Second Schedule is discharged by the State Government or the Corporation according to the order of the priorities mentioned in that Schedule, the amount to be paid to the owner under sub-section (1) shall stand reduced to that extent. ### 8. Management, etc. of specified textile undertaking. (1) The Corporation or any person which the Corporation may, by order in writing, specify, shall be entitled to exercise the powers of general superintendence, direction, control and management of the affairs and business of the specified textile undertaking, the right, title and interest of an owner in relation to which, have vested in the Corporation under sub-section (2) of Section 3, and to do all such things as the owner of the specified textile undertaking is authorised to exercise and do. (2) Notwithstanding anything contained in sub-section (1) or any other law for the time being in force, it shall be lawful for the Corporation to reorganise and reconstruct any one or more specified textile undertakings and thereby form such units as the Corporation deems fit. ### 9. Duty of person in charge of management of specified textile undertakings to deliver all assets, etc. - On the vesting of the management of the specified textile undertaking in the Corporation, all persons in charge of the management of such specified textile undertaking immediately before such vesting shall be bound to deliver to the Corporation all assets, books of account registers or other documents in their custody relating to the specified textile undertaking. ### 10. Accounts. - The Corporation shall maintain the accounts of the specified textile undertakings in accordance with the provisions of the Companies Act, 1956 (1 of 1956). Chapter IV Provisions Relating to Employees of Specified Textile Undertakings ---------------------------------------------------------------------------------- ### 11. Employment of certain employees. (1) Where services of a person who is a workman within the meaning of the Industrial Disputes Act, 1947 (14 of 1947), and who has been, immediately before the appointed day, employed in the specified textile undertaking, are in the opinion of the Corporation necessary having regard to the requirements of the units of the Corporation formed as a result of reorganisation and reconstruction of specified textile undertakings, he shall become, from the date of his appointment by the Corporation, an employee of the Corporation and shall hold office or service in the Corporation with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if the rights in relation to such specified textile undertaking had not been transferred to, and vested in, the Corporation, and continue to do so unless and until his employment in such Corporation is duly terminated or until his remuneration and terms and conditions of employment are duly altered by the Corporation: (2) Where services of a person who is not a workman within the meaning of the Industrial Disputes Act, 1947 (14 of 1947), and who has been, immediately before the appointed day, employed in the specified textile undertaking, are in the opinion of the Corporation necessary having regard to the requirements of the units of the Corporation formed as a result of reorganisation and reconstruction of specified textile undertakings he shall become, from the date of his a appointment by the Corporation, an employee of the Corporation and shall hold office or service in the Corporation on such terms and conditions of employment as may be determined by the Corporation. (3) (a) The services of every person employed by the owner before the appointed day shall stand terminated- (i) on the designated date if such person is not employed before that date by the Corporation under sub-section (1) or (2), and (ii) on the date of his appointment if such person is employed before the designated date by the Corporation under sub-section (1) or (2), and (b) A person whose services stand terminated under sub-clause (i) of clause (a) shall not be entitled to claim employment in the Corporation as of right. (4) (a) Every person whose services stand terminated under sub-clause (i) of clause (a) of sub-section (3) shall be entitled to- (i) payment of gratuity and of compensation for retrenchment or closure in accordance with the provisions of the Payment of Gratuity Act, 1972 (39 of 1972) and the Industrial Disputes Act, 1947 (14 of 1947), if he is a workman within the meaning of the latter Act, and (ii) payment of gratuity if he is not such workman : Provided that no person whose services are terminated on his superannuation on or before the designated date, shall be entitled to payment of compensation for retrenchment. (b) Notwithstanding anything contained in Chapter V and not withstanding that the liability for payment of gratuity and compensation for retrenchment or closure under clause (a) is that of the owner, such liability shall be discharged by the State Government or the Corporation, according to the order of priorities mentioned in the Second Schedule and on discharge of such liability by the State Government or the Corporation the owner shall stand discharged to the extent of the liability so discharged. (5) Where- (a) the services of any person employed before the appointed day in a specified textile undertaking are terminated- (i) under the terms of any contract or service or otherwise of (ii) under sub-section (3), and (b) such person is entitled to any arrears of salary or wages or any payment for any leave not availed of or other payment not being payment by way of gratuity or compensation for retrenchment, Such person may, except to the extent such liability of payment has been discharged by the State Government or the Corporation under sub-section (4) of Section 7 enforce his claim against the owner of the specified textile undertaking but not against the State Government or the Corporation. Provided that notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), the payment of Wages Act, 1936 (IV of 1936) and the Payment of Gratuity Act, 1972 (39 of 1972),- (a) The State Government or the Corporation shall not be liable,- (i) to any person who has become an employee of the Corporation under sub-section (1) for payment of gratuity or any arrears of wages, or (ii) to any person whose services stand terminated under sub-clause (i) of clause (a) of sub-section (3) for payment of gratuity or any arrears of wages or compensation for retrenchment or closure for the period commencing from the day on which the specified textile undertaking in which such person was employed was closed and ending on the day on which such person becomes an employee of the Corporation or, as the case may be, on which his services stand terminated irrespective of whether such closure was in accordance with the provisions of the Industrial Disputes Act, 1947 (14 of 1947), or not; (b) the termination of services of a person under sub-clause (ii) of clause (a) of sub-section (3) on his becoming an employee of the Corporation under sub-section (1) shall not entitle such person to payment of any gratuity. Explanation. - In this Section the expression "designated date" means such date as the State Government may, in relation to any specified textile undertaking by notification designate, and different dates may be designated in relation to different specified textile undertakings. Chapter V Commissioners of Payments ---------------------------------------- ### 12. Appointment of Commissioner of Payments. (1) For the purpose of disbursing the amounts payable to the owner of the specified textile undertaking the State Government shall, by notification in the Official Gazette, appoint such person as it may think fit to be the Commissioner of Payments and different persons may be appointed for disbursing the amount payable to different owners. (2) The State Government may appoint such other persons as it may think fit to assist the Commissioner and thereupon the Commissioner may authorise one or more of such persons to also exercise all or any of the powers exercisable by him under this Act, and different persons may be authorised to exercise different powers. (3) Any person authorised by the Commissioner to exercise any powers may exercise those powers in the same manner and with the same effect as if they have been conferred on that person directly by this Act and not by way of authorisation. (4) The salaries and allowances of the Commissioner and other persons appointed under this Section shall be defrayed out of the Consolidated Fund of the State. ### 13. Payment by the State Government to the Commissioner. (1) The State Government shall, within ninty days from the specified date, pay in cash to the Commissioner for payment to the owner of the specified textile undertaking, an amount equal to the amount specified against the specified textile undertaking in First Schedule after deducting therefrom any amount paid under clause (b) of sub-section (4) of Section 11 and shall also pay to the Commissioner such sums as may be due to the owner of the specified textile undertaking under sub-section (2) of Section 7. (2) A deposit account shall be opened by the State Government, in favour of the Commissioner, in the public account of the State, and every amount paid under this Act to the Commissioner shall be deposited by him to the credit of the said deposit account in the public account of the State and thereafter the said deposit account shall be operated by the Commissioner. (3) Separate records shall be maintained by the Commissioner in respect of each specified textile undertaking in relation to which payments have been made to him under this Act. (4) Interest accruing on the amounts standing to the credit of the deposit account referred to in sub-section (2) shall accrue to the benefit of the owners of the specified textile undertakings. ### 14. Certain powers of the Corporation. (1) The Corporation shall be entitled to receive to the exclusion of all other persons, any money due to the specified textile undertaking, realised after the appointed day, notwithstanding that the realisations pertain to a period prior to the appointed day. (2) Save as otherwise provided in this Act, the liabilities in relation to the textile undertaking in respect of any period prior to the appointed day shall be the liabilities of the owner of that specified textile undertaking. ### 15. Claims to be made to the Commissioner. - Every person having a claim other than the claim relating to gratuity or compensation for retrenchment or closure against the owner of the specified textile undertaking shall prefer such claim before the Commissioner within thirty days from the specified date. Provided that if the Commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days, he may entertain the claim within a further period of thirty days but not thereafter. ### 16. Priority of claims. - The claims arising out of the matters specified in the Second Schedule shall have priorities in accordance with the following principles, namely- (a) Category I shall have precedence over all other categories and category II shall have precedence over categories III and IV ; and category III shall have precedence over category IV; (b) The claims arising out of matters specified in each category except category III shall rank equally and be paid in full, but if the amount is insufficient to meet such claims in full, they shall abate in equal proportions and be paid accordingly ; (c) the liabilities specified in category III shall be discharged in the manner agreed to by the State Government of one part with the banks and institutions of other parts subject to the priorities specified in this Section, in accordance with the terms of the secured loans and the priority interest of such loans ; and (d) the question of payment of a liability with regard to a matter specified in a lower category shall arise only if a surplus is left after meeting all the liabilities specified in the immediately higher category. ### 17. Examination of claims. (1) On receipt of the claims under Section 15, the Commissioner shall arrange the claims in the order of priority specified in the Second Schedule and examine the same in accordance with the said order. (2) If on examination of the claims, the Commissioner is of the opinion that the amount paid to him under this Act is not sufficient to meet the liabilities specified in any lower category, he shall not be required to examine the liabilities in respect of such lower category. ### 18. Admission or rejection of claims. (1) After examining the claims with reference to the priority set out in the Second Schedule, the Commissioner shall fix a certain date on or before which every claimant shall file the proof of his claim or be excluded from the benefit of the disbursement made by the Commissioner. (2) Not less than fourteen day's notice of the date so fixed shall be given by advertisement in one issue of the daily newspaper in the English language and one issue of the daily newspaper in the regional language as the Commissioner may consider suitable, and every such notice shall call upon the claimant to file the proof of his claim with the Commissioner within the time specified in the advertisement. (3) Every claimant who fails to file the proof of his claim within the time specified- by the Commissioner shall be excluded from the disbursement made by the Commissioner. (4) The Commissioner shall, after such investigation as may, in his opinion, be necessary and after giving the owner of the specified textile undertaking an opportunity of refuting the claim and after giving the claimants a reasonable opportunity of being heard, in writing, admit or reject the claim in whole or in part. (5) The Commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions including the place or places at which he may hold his sittings and shall, for the purpose of making any investigation under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (45 of 1860) while trying a suit, in respect of the following matters, namely- (a) The summoning and enforcing the attendance of any witness and examining him on oath; (b) the discovery and production of any document or other material object producible as evidence; (c) the reception of evidence on affidavits; and (d) the issuing of any commission for the examination of witnesses. (6) An investigation before the Commissioner shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Commissioner shall be deemed to be a Civil Court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1973). (7) A claimant who is dissatisfied with the decision of the Commissioner may prefer an appeal against the decision to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the specified textile undertaking is situated: Provided that where a person who is a judge of the High Court is appointed to be the Commissioner, such appeal shall lie to the High Court and it shall be heard and deposed of by not less than two other Judges of the High Court. ### 19. Disbursement of money by Commissioner to claimants. - After admitting a claim under this Act, the amount due in respect of such claim shall be credited by the Commissioner to the relevant fund or be paid to the person or persons to whom such sums are due and on such credit or payment the liability of the owner in respect of such claim shall stand discharged. ### 20. Disbursement of amounts to the owners of specified textile undertakings. (1) If out of the monies paid to him in relation to the specified textile undertaking, there is a balance left after meeting the liabilities as specified in Second Schedule, the Commissioner shall disburse such balance to the owner of such specified textile undertaking. (2) Before making any payment to the owner of the specified textile undertaking under sub-section (1), the Commissioner shall satisfy himself as to the right of such person to receive the whole or any part of such amount and in the event of there being a doubt or dispute as to the right of the person to receive the whole or any part of the amount referred to in Section 7, the Commissioner shall refer the matter to the Court, and, make the disbursement in accordance with the decision of the Court. (3) For the removal of doubt, it is hereby declared that the entries in column (3) of the First Schedule shall not be deemed to be conclusive as to the right, title and interest of any person in relation to the specified textile undertaking specified in corresponding entry in column (2) of the said Schedule and evidence shall be admissible to establish the right, title and interest of any person in relation to such textile undertaking. (4) Where any machinery, equipment or other property in the specified textile undertaking has vested in the Corporation, but such machinery equipment or other property does not belong to the owner of such textile undertaking, the amount specified in column (4) of the First Schedule against such textile undertaking shall, on a reference made to the Court by the Commissioner, be apportioned by the Court between the owner of such textile undertaking and the owner of such machinery, equipment or other property having due regard to the value of such machinery, equipment or other property on the appointed day. Explanation - In this Section "Court" in relation to a textile undertaking means the principal civil Court of original jurisdiction within the local limits of whose jurisdiction the textile undertaking is situated. ### 21. Undisbursed or unclaimed amounts to be deposited to the general revenue account. - Any money paid to the Commissioner which remains undisbursed or unclaimed for a period of three years from the last day on which the disbursement was made, shall be transferred by the Commissioner to the general revenue account of the State Government, but a claim to any money so transferred may be preferred to the State Government by the person entitled to such payment and shall be dealt with as if such transfer has not been made, the order if any, for payment of the claim being treated as an order for the refund of revenue. Chapter VI Miscellaneous ----------------------------- ### 22. Assumption of liabilities. (1) Where any liability of the owner of the specified textile undertaking arising out of any item specified in category I of the Second Schedule is not discharged fully by the Commissioner out of the amount paid under this Act, the Commissioner shall intimate in writing to the State Government the extent of the liability which remains undischarged and that liability shall be assumed by the State Government. (2) The State Government may, by order, direct the Corporation to take over any liability assumed by the Government under sub-section (1) and on receipt of such direction, it shall be the duty of the Corporation to discharge such liability. ### 23. Act to override all other enactments. - The provisions of this Act, shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act or in any decree or order of any Court, tribunal or authority. ### 24. Contracts to cease to have effect unless ratified by Corporation. (1) Every contract entered into by the owner or occupier of the specified textile undertaking for any service, sale or supply and in force immediately before the appointed day shall, on and from the expiry of one hundred, and eighty days from the date on which this Act is first published in the Official Gazette case to have effect unless such contract is before the expiry of that period, ratified in writing by the Corporation and in ratifying such contract the Corporation may, with the previous approval of the State Government make such alterations or modifications therein as it may think fit: Provided that the Corporation shall not omit to ratify a contract, and shall not make any alteration or modification in a contract, unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interest of the specified textile undertaking. (2) The Corporation shall not omit to ratify a contract and, shall not make any alteration or modification therein, except after giving to the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for refusal to ratify the contract or for making any alteration or modification therein. ### 25. Penalties. - Any person who,- (a) having in his possession, custody, or control of any property forming part of the specified textile undertaking, wrongfully withholds such property from the State Government or the Corporation or any person authorised by the Government or the Corporation, as the case may be, in this behalf, or (b) wrongfully obtains possession of, or retains, any property forming part of the specified textile undertaking or willfully withholds or fails to furnish to the State Government, the Corporation or any person specified by the Government, or the Corporation, as the case may be, any document relating to such textile undertaking, which may be in his possession, custody or control or fails to deliver to the Corporation or any person specified by that Corporation any assets, books of account, registers or other documents in his custody relating to the specified textile undertaking, or (c) wrongfully removes or destroys any property forming part of the specified textile undertaking or prefers any claim under this Act which be knows or has reasonable cause to believe to be false or grossly inaccurate shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or with both ### 26. Offences by companies. (1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that 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 be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. - For the purposes of this Section- (a) "company" means any body corporate and includes a firm or other association of individuals ; and (b) "director" in relation to a firm, means a partner in the firm. ### 27. Protection of action taken in good faith. - No suit, prosecution or other legal proceeding shall lie against the State Government or any officer of the Government or the Corporation or any officer or other person authorised by the Corporation for anything which is, in good faith done or intended to be done under this Act. ### 28. Textile companies not to be wound up by the court. - No proceeding for the winding up of the textile company, the right, title and interest in relation to the textile undertaking owned by which, have vested in the Corporation under this Act or, for the appointment of a receiver in respect of the business of the textile undertaking shall lie or be proceeded with in any court except with the consent of the State Government. ### 29. Delegation of powers. (1) The State Government may, by notification, direct that all or any of the powers exercisable by it under this Act other than the power under Section 30, may also be exercised by any person or persons as may be specified in the notification. (2) Whenever any delegation of power is made under sub-section (1), the person to whom such power has been delegated shall act under the direction, control and supervision of the State Government. ### 30. Power to make rules. (1) The State Government may, by notification make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely- (a) the time within which and the manner in which an intimation referred to in sub-section (4) of Section 4 shall be given ; (b) any other matter which is, required to be or may be prescribed. (3) The power to make rules conferred by this Section shall be subject to the condition of the rules being made after previous publication. (4) All rules made under this Section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following. (5) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect. ### 31. Power to remove difficulties. - If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order not inconsistent with the provisions of this Act, remove the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date on which this Act is first published in the Official Gazette. ### 32. Declaration as to the policy of the State. - It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles specified in clause (b) of article 39 of the Constitution. Explanation. - In this section, "State" has the same meaning as in article 12 of the constitution. ### 33. Repeal and Savings. (1) The Gujarat Closed Textile Undertakings (Nationalisation) Ordinance, 1985 (Gujarat Ordinance 18 of 1985) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act. First Schedule [See Sections 2 (1) (i), 2 (1) (K), 7, 13 (1) and 20 (3)] \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Sr. No. \| Name of the undertaking \| Name of the owner \| Amount \| \| (1) \| (2) \| (3) \| (4) \| \| 1 \| The Marsden Spining and Manufacturing Co. Ltd., Ahmedabad. \| The Marsden Spinning and Manufacturing Co. Ltd., Ahmedabad. \| 32,21,000/- \| \| 2 \| The Monogram Mills Co. Limited, Ahmedabad. \| The Monogram Mills Co. Limited, Ahmedabad. \| 52,97,000/- \| \| 3 \| The Bhalakia Mills Co. Ltd., Ahmedabad. \| The Bhalakia Mills Co. Ltd., Ahmedabad. \| 1,58,82,000/- \| \| 4 \| The New Swadeshi Mills and Shri Manjushri Textiles of Ahmedabad. \| The New Swadeshi Mills Ltd., Ahmedabad. \| 7,34,00,000/- \| \| 5 \| The Silver Cotton Mills Co. Ltd., Ahmedabad. \| The Silver Cotton Mills Co. Ltd., Ahmedabad. \| 94,33,000/- \| \| 6 \| M/s. Manekchowk and Ahmedabad Mfg. Co. Ltd., Ahmedabad. \| M/s. Manekchowk Cotton Mfg. Co. Ltd., Ahmedabad. \| 82,30,000/- \| \| 7 \| The Ahmedabad Cotton Mfg. Co. Ltd., (Units I and II) Ahmedabad. \| The Ahmedabad Cotton Mfg. Co. Ltd., Ahmedabad. \| 3,08,40,000/- \| \| 8 \| Abhay Mills Ltd., Ahmedabad. \| Abhay Mills Ltd., Ahmedabad. \| 1,25,90,000/- \| \| 9 \| The Tarun Commercial Mills Ltd., Ahmedabad. \| The Tarun Commercial Mills Ltd., Ahmedabad. \| 1,45,94,000/- \| \| 10 \| The Sarangpur Cotton Mfg. Co. Ltd., Ahmedabad. \| [The Sarangpur Cotton Mfg. Co. Ltd, Ahmedabad.] [Substituted for 'Shri Ambica Mills Ltd., Ahmedabad' by Gujarat 20 of 1986, dated 3rd September 1986] \| 4,37,73,000/- \| Second Schedule (See Section 7 (4) , 16 and 18) Order of Priorities for the Discharge of Liabilities in Respect of The Textile Undertakings Category I.- (i) [ All dues including gratuity of employees in the specified textile undertaking; [Substituted for 'All dues including gratuity of employees in the specified textile undertaking' by Gujarat 20 of 1986, dated 3rd September 1986] (ii) Arrears relating to contributions towards Provident Fund and contributions under the Employees' State Insurance Act, 1948 payable by the owner.] Category II.- [Arrears of Excise Duty, Sales Tax, dues relating to electricity and dues of a local authority.] [Substituted for 'Arrears relating to contributions towards Provident Fund and contributions under the Employees' State Insurance Act, 1948, payable by the owner; arrears of excise duty, sales-tax, dues relating to electricity and dues of a local authority' by Gujarat 20 of 1986, dated 3rd September 1986] Category III.- Secured creditiors including banks and institutions. Category IV - (i) Sundry creditors. (ii) Other liabilities.
65b9112dab84c7eca86e8418	acts	Constitution and Amendments ----------------------------- THE CONSTITUTION (FORTY-SECOND AMENDMENT) ACT, 1976 ----------------------------------------------------- India THE CONSTITUTION (FORTY-SECOND AMENDMENT) ACT, 1976 ===================================================== Act 42 of 1976 ---------------- * Published in Gazette of India on 28 August 1976 * Commenced on 18 December 1976 *Statement of Objects and Reasons appended to the Constitution (Forty-fourth Amendment) Bill, 1976 (Bill No. 91 of 1976) which was enacted as THE CONSTITUTION (Forty-second Amendment) Act, 1976* STATEMENT OF OBJECTS AND REASONS A Constitution to be living must be growing. If the impediments to the growth of the Constitution are not removed, the Constitution will suffer a virtual atrophy. The question of amending the Constitution for removing the difficulties which have arisen in achieving the objective of socio-economic revolution, which would end poverty and ignorance and disease and inequality of opportunity, has been engaging the active attention of Government and the public for some years now. ### 2. The democratic institutions provided in the Constitution are basically sound and the path for progress does not lie in denigrating any of these institutions. However, there could be no denial that these institutions have been subjected to considerable stresses and strains and that vested interests have been trying to promote their selfish ends to the great detriment of public good. ### 3. It is, therefore, proposed to amend the Constitution to spell out expressly the high ideals of socialism, secularism and the integrity of the nation, to make the directive principles more comprehensive and give them precedence over those fundamental rights which have been allowed to be relied upon to frustrate socio-economic reforms for implementing the directive principles. It is also proposed to specify the fundamental duties of the citizens and make special provisions for dealing with anti-national activities, whether by individuals or associations. ### 4. Parliament and the State Legislatures embody the will of the people and the essence of democracy is that the will of the people should prevail. Even though article 368 of the Constitution is clear and categoric with regard to the all inclusive nature of the amending power, it is considered necessary to put the matter beyond doubt. It is proposed to strengthen the presumption in favour of the constitutionality of legislation enacted by Parliament and State Legislatures by providing for a requirements as to the minimum number of Judges for determining questions as to the constitutionality of laws and for a special majority of not less than two-thirds for declaring any law to be constitutionally invalid. It is also proposed to take away the jurisdiction of High Courts with regard to determination of Constitutional validity of Central laws and confer exclusive jurisdiction in this behalf on the Supreme Court so as to avoid multiplicity of proceedings with regard to validity of the same Central law in different High Courts and the consequent possibility of the Central law being valid in one State and invalid in another State. ### 5. To reduce the mounting arrears in High Courts and to secure the speedy disposal of service matters, revenue matters and certain other matters of special importance in the context of the socio-economic development and progress, it is considered expedient to provide for administrative and other tribunals for dealing with such matters while preserving the jurisdiction of the Supreme Court in regard to such matters under article 136 of the Constitution. It is also necessary to make certain modifications in the writ jurisdiction of the High Courts under article 226. ### 6. It is proposed to avail of the present opportunity to make certain other amendments which have become necessary in the light of the working of the Constitution. ### 7. The various amendments proposed in the Bill have been explained in the notes on clauses. ### 8. The Bill seeks to achieve the above objects. ------ ARRANGEMENT OF SECTIONS ------ SECTIONS ### 1. Short title and commencement. ### 2. Amendment of the Preamble. ### 3. Insertion of new sub-heading after article 31. ### 4. Amendment of article 31C. ### 5. Insertion of new article 31D. ### 6. Insertion of new article 32A. ### 7. Amendment of article 39. ### 8. Insertion of new article 39A. ### 9. Insertion of new article 43A. ### 10. Insertion of new article 48A. ### 11. Insertion of new Part IVA. ### 12. Amendment of article 55. ### 13. Amendment of article 74. ### 14. Amendment of article 77. ### 15. Amendment of article 81. ### 16. Amendment of article 82. ### 17. Amendment of article 83. ### 18. Amendment of article 100. ### 19. Amendment of article 102. ### 20. Substitution of new article for article 103. ### 21. Amendment of article 105. ### 22. Amendment of article 118. ### 23. Insertion of new article 131A. ### 24. Insertion of new article 139A. ### 25. Insertion of new article 144A. ### 26. Amendment of article 145. ### 27. Substitution of new article for article 150. ### 28. Amendment of article 166. ### 29. Amendment of article 170. ### 30. Amendment of article 172. ### 31. Amendment of article 189. ### 32. Amendment of article 191. ### 33. Substitution of new article for article 192. ### 34. Amendment of article 194. ### 35. Amendment of article 208. ### 36. Amendment of article 217. ### 37. Amendment of article 225. ### 38. Substitution of new article for article 226. ### 39. Insertion of new article 226A. ### 40. Amendment of article 227. ### 41. Amendment of article 228. ### 42. Insertion of new article 228A. ### 43. Insertion of new article 257A. ### 44. Amendment of article 311. ### 45. Amendment of article 312. ### 46. Insertion of new Part XIVA. ### 47. Amendment of article 330. ### 48. Amendment of article 352. ### 49. Amendment of article 353. ### 50. Amendment of article 356. ### 51. Amendment of article 357. ### 52. Amendment of article 358. ### 53. Amendment of article 359. ### 54. Amendment of article 366. ### 55. Amendment of article 368. ### 56. Amendment of article 371F. ### 57. Amendment of the Seventh Schedule. ### 58. Special provisons as to pending petitions under article 226. ### 59. Power of the President to remove difficulties. An Act further to amend the Constitution of India. BE it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows:- ### 1. Short title and commencement.- (1) This Act may be called the Constitution (Forty-second Amendment) Act, 1976. (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. Amendment of the Preamble.- In the Preamble to the Constitution,- (a) for the words "SOVEREIGN DEMOCRATIC REPUBLIC" the words "SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC" shall be substituted; and (b) for the words "unity of the Nation", the words "unity and integrity of the Nation" shall be substituted. ### 3. Insertion of new sub-heading after article 31.-After article 31 of the Constitution, the following sub-heading shall be inserted, namely:--- "Saving of Certain Laws" ### 4. Amendment of article 31C.- In article 31C of the Constitution, for the words, brackets, letters and figures "the principles specified in clause (b) or clause (c) of article 39", the words and figures "all or any of the principles laid down in Part IV" shall be substituted. ### 5. Insertion of new article 31D.- After article 31C of the Constitution and before the sub-heading "Right to Constitutional Remedies", the following article shall be inserted, namely:--- ### 31D. Saving of laws in respect of anti-national activities.- (1) Notwithstanding anything contained in article 13, no law providing for- (a) the prevention or prohibition of anti-national activities; or (b) the prevention of formation of, or the prohibition of, anti-national associations, shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by, article 14, article 19 or article 31. (2) Notwithstanding anything in this Constitution, Parliament shall have, and the Legislature of a State shall not have, power to make laws with respect to any of the matters referred to in sub-clause (a) or sub-clause (b) of clause (1). (3) Any law with respect to any matter referred to in sub-clause (a) or sub-clause (b) of clause (1) which is in force immediately before the commencement of section 5 of the Constitution (Forty-second Amendment) Act, 1976, shall continue in force until altered or repealed or amended by Parliament. (4) In this article,- (a) "association" means an association of persons; (b) "anti-national activity", in relation to an individual or association, means any action taken by such individual or association- (i) which is intended, or which supports any claim, to bring about, on any ground whatsoever, the cession of a part of the territory of India or the secession of a part of the territory of India or which in cities any individual or association to bring about such cession or secession; (ii) which disclaims, questions, threatens, disrupts or is intended to threaten or disrupt the sovereignty and integrity of India or the security of the State or the unity of the nation; (iii) which is intended, or which is part of a scheme which is intended, to overthrow by force the Government as by law established; (iv) which is intended, or which is part of a scheme which is intended, to create internal disturbance or the disruption of public services; (v) which is intended, or which is part of a scheme which is intended, to threaten or disrupt harmony between different religious, racial, language or regional groups or castes or communities; (c) "anti-national association" means an association--- (i) which has for its object any anti-national activity; (ii) which encourages or aids persons to undertake or engage in any anti-national activity; (iii) the members whereof undertake or engage in any anti-national activity.'. ### 6. Insertion of new article 32A.- After article 32 of the Constitution, the following article shall be inserted, namely:- "32A. Constitutional validity of State laws not to be considered in proceedings under article 32.-Notwithstanding anything in article 32, the Supreme Court shall not consider the constitutional validity of any State law in any proceedings under that article unless the constitutional validity of any Central law is also in issue in such proceedings.". ### 7. Amendment of article 39.- In article 39 of the Constitution, for clause (f) , the following clause shall be substituted, namely:- "(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.". ### 8. Insertion of new article 39A.- After article 39 of the Constitution, the following article shall be inserted, namely:--- "39A. Equal justice and free legal aid.-The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.". ### 9. Insertion of new article 43A.- After article 43 of the Constitution, the following article shall be inserted, namely:--- "43A. Participation of workers in management of industries.-The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.". ### 10. Insertion of new article 48A.- After article 48 of the Constitution, the following article shall be inserted, namely:--- "48A. Protection and improvement of environment and safeguarding of forests and wild life.-The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.". Insertion of new Part IVA. ### 11. Insertion of new Part IVA.- After Part IV of the Constitution, the following Part shall be inserted, namely:- "PART IVA FUNDAMENTAL DUTIES ### 51A. Fundamental duties.-It shall be the duty of every citizen of India--- (a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; (b) to cherish and follow the noble ideals which inspired our national struggle for freedom; (c) to uphold and protect the sovereignty, unity and integrity of India; (d) to defend the country and render national service when called upon to do so; (e) to promote harmony and the sprit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women; (f) to value and preserve the rich heritage of our composite culture; (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures; (h) to develop the scientific temper, humanism and the sprit of inquiry and reform; (i) to safeguard public property and to abjure violence; (j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.". ### 12. Amendment of article 55.- In article 55 of the Constitution, for the Explanation, the following Explanation shall be substituted, namely:- `Explanation.-In this article, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published: Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2000 have been published, be construed as a reference to the 1971 census.'. ### 13. Amendment of article 74.- In article 74 of the Constitution, for clause (1) , the following clause shall be substituted, namely:- "(1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.". ### 14. Amendment of article 77.- In article 77 of the Constitution, after clause (3) , the following clause shall be inserted, namely:- "(4) No court or other authority shall be entitled to require the production of any rules made under clause (3) for the more convenient transaction of the business of the Government of India.". ### 15. Amendment of article 81.- In article 81 of the Constitution, to clause (3) , the following proviso shall be added, namely:- "Provided that the reference in this clause to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2000 have been published, be construed as a reference to the 1971 census.". ### 16. Amendment of article 82.- In article 82 of the Constitution, after the proviso, the following provisos shall be inserted, namely:--- "Provided further that such readjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the House may be held on the basis of the territorial constituencies existing before such readjustment: Provided also that until the relevant figures for the first census taken after the year 2000 have been published, it shall not be necessary to readjust the allocation of seats in the House of the People to the States and the division of each State into territorial constituencies under this article.". ### 17. Amendment of article 83.- (1) In article 83 of the Constitution, in clause (2), for the words "five years" in the two places where they occur, the words "six years" shall be substituted. (2) The amendments made by sub-section (1) to clause (2) of article 83 shall apply also to the House of the People in existence on the date of coming into force of this section without prejudice to the power of Parliament with respect to the extension of the duration of that House under the proviso to that clause. ### 18. Amendment of article 100.- In article 100 of the Constitution, clauses (3) and (4) shall be omitted. ### 19. Amendment of article 102.- In article 102 of the Constitution, for sub-clause (a) of clause (1), the following sub-clause shall be substituted, namely:- "(a) if he holds any such office of profit under the Government of India or the Government of any State as is declared by Parliament by law to disqualify its holder;". ### 20. Substitution of new article for article 103.- For article 103 of the Constitution, the following article shall be substituted, namely:- "103. Decision on questions as to disqualification.-(1) If any question arises- (a) as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause (1) of article 102, or (b) as to whether a person, found guilty of a corrupt practice at an election to a House of Parliament under any law made by Parliament, shall be disqualified for being chosen as, and for being, a member of either House of Parliament, or of a House of the Legislature of a State, or as to the period for which he shall be so disqualified, or as to the removal of, or the reduction of the period of, such disqualification, the question shall be referred for the decision of the President and his decision shall be final. (2) Before giving any decision on any such question, the President shall consult the Election Commission and the Election Commission may, for this purpose, make such inquiry as it thinks fit.". ### 21. Amendment of article 105.- In article 105 of the Constitution, for clause (3) , the following clause shall be substituted, namely:- "(3) In other respects, the powers, privileges and immunities of each House of Parliament, and of the members and the committees of each House, shall be those of that House, and of its members and committees, at the commencement of section 21 of the Constitution (Forty-second Amendment) Act, 1976, and as may be evolved by such House of Parliament from time to time.". ### 22. Amendment of article 118.- In article 118 of the Constitution, in clause (1) , after the words "its procedure", the brackets and words "(including the quorum to constitute a meeting of the House)" shall be inserted. ### 23. Insertion of new article 131A.- After article 131 of the Constitution, the following article shall be inserted, namely:- "131A. Exclusive jurisdiction of the Supreme Court in regard to questions as to Constitutional validity of Central laws.- (1) Notwithstanding anything contained in any other provision of this Constitution, the Supreme Court shall, to the exclusion of any other court, have jurisdiction to determine all questions relating to the constitutional validity of any Central law. (2) Where a High Court is satisfied- (a) that a case pending before it or before a court subordinate to it involves questions as to the constitutional validity of any Central law or, as the case may be, of both Central and State laws; and (b) that the determination of such questions is necessary for the disposal of the case, the High Court shall refer the questions for the decision of the Supreme Court. (3) Without prejudice to the provisions of clause (2), where, on an application made by the Attorney-General of India, the Supreme Court is satisfied,- (a) that a case pending before a High Court or before a court subordinate to a High Court involves questions as to the constitutional validity of any Central law or, as the case may be, of both Central and State laws; and (b) that the determination of such questions is necessary for the disposal of the case, the Supreme Court may require the High Court to refer the questions to it for its decision. (4) When a reference is made under clause (2) or clause (3), the High Court shall stay all proceedings in respect of the case until the Supreme Court decides the questions so referred. (5) The Supreme Court shall, after giving the parties an opportunity of being heard, decide the questions so referred, and may--- (a) either dispose of the case itself; or (b) return the case to the High Court together with a copy of its judgment on such questions for disposal of the case in conformity with such judgment by the High Court or, as the case may be, the court subordinate to it.". ### 24. Insertion of new article 139A.- After article 139 of the Constitution, the following article shall be inserted, namely:- "139A. Transfer of certain cases.-(1) If, on an application made by the Attorney-General of India, the Supreme Court is satisfied that cases involving the same or substantially the same questions of law are pending before it and one or more High Courts or before two or more High Courts and that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself. (2) The Supreme Court may, if it deems it expedient so to do for the ends of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.". ### 25. Insertion of new article 144A.- After article 144 of the Constitution, the following article shall be inserted, namely:- "144A. Special provisions as to disposal of questions relating to constitutional validity of laws.-(1) The minimum number of Judges of the Supreme Court who shall sit for the purpose of determining any question as to the constitutional validity of any Central law or State law shall be seven. (2) A Central law or a State law shall not be declared to be constitutionally invalid by the Supreme Court unless a majority of not less than two-thirds of the Judges sitting for the purpose of determining the question as to the constitutional validity of such law hold it to be constitutionally invalid.". ### 26. Amendment of article 145.- In article 145 of the Constitution,- (a) in clause (1), after sub-clause (c), the following sub-clause shall be inserted, namely:- "(cc) rules as to the proceedings in the Court under articles 131A and 139A;"; (b) in clause (2), for the words, brackets and figure "provisions of clause (3)" the words, figures, letter and brackets "provisions of article 144A and of clause (3)" shall be substituted; (c) in clause (3), for the words "The minimum number", the words, figures and letter "Subject to the provisions of article 144A, the minimum number" shall be substituted. ### 27. Substitution of new article for article 150.- For article 150 of the Constitution, the following article shall be substituted, namely:- "150. Form of accounts of the Union and of the States.-The accounts of the Union and of the States shall be kept in such form as the President may, after consultation with the Comptroller and Autitor-General of India, prescribe.". ### 28. Amendment of article 166.- In article 166 of the Constitution, after clause (3) , the following clause shall be inserted, namely:- "(4) No court or other authority shall be entitled to require the production of any rules made under clause (3) for the more convenient transaction of the business of the Government of the State.". ### 29. Amendment of article 170.- In article 170 of the Constitution,- (a) in clause (2), for the Explanation, the following Explanation shall be substituted, namely:- 'Explanation.-In this clause, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published: Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2000 have been published, be construed as a reference to the 1971 census.'. (b) in clause (3), after the proviso, the following provisos shall be inserted, namely:- "Provided further that such readjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the Legislative Assembly may be held on the basis of the territorial constituencies existing before such readjustment: Provided also that until the relevant figures for the first census taken after the year 2000 have been published, it shall not be necessary to readjust the total number of seats in the Legislative Assembly of each State and the division of such State into territorial constituencies under this clause.". ### 30. Amendment of article 172.- (1) In article 172 of the Constitution, in clause (1), for the words "five years" in the two places where they occur, the words "six years" shall be substituted. (2) The amendments made by sub-section (1) to clause (1) of article 172 shall apply also to every Legislative Assembly (including the Legislative Assembly of the State of Kerala) in existence on the date of coming in to force of this section without prejudice to the power of Parliament with respect to the extension of the duration of such Assembly under the proviso to that clause. ### 31. Amendment of article 189.- In article 189 of the Constitution, clauses (3) and (4) shall be omitted. ### 32. Amendment of article 191.- In article 191 of the Constitution, for sub-clause (a) of clause (1), the following sub-clause shall be substituted, namely:- "(a) if he holds any such office of profit under the Government of India or the Government of any State specified in the First Schedule as is declared by Parliament by law to disqualify its holder;". ### 33. Substitution of new article for article 192.- For article 192 of the Constitution, the following article shall be substituted, namely:- ### 192. Decision on questions as to disqualification.- (1) If any question arises- (a) as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in clause (1) of article 191, or (b) as to whether a person, found guilty of a corrupt practice at an election to a House of the Legislature of a State under any law made by Parliament, shall be disqualified for being chosen as, and for being a member of either House of Parliament or of a House of the Legislature of a State, or as to the period for which he shall be so disqualified, or as to the removal of, or the reduction of the period of, such disqualification, the question shall be referred for the decision of the President and his decision shall be final. (2) Before giving any decision on any such question, the President shall consult the Election Commission and the Election Commission may, for this purpose, make such inquiry as it thinks fit.". ### 34. Amendment of article 194.- In article 194 of the Constitution, for clause (3) , the following clause shall be substituted, namely:- "(3) In other respects, the powers, privileges and immunities of a House of the Legislature of a State, and of the members and the committees of a House of such Legislature, shall be those of that House, and of its members and Committees, at the commencement of section 34 of THE CONSTITUTION (Forty-second Amendment) Act, 1976, and as may be evolved by such House of the Legislature of a State, so far as may be,in accordance with those of the House of the People, and of its members and committees where such House is the Legislative Assembly and in accordance with those of the Council of States, and of its members and committees where such House is the Legislative Council.". ### 35. Amendment of article 208.- In article 208 of the Constitution, in clause (1) , after the words "its procedure", the brackets and words "(including the quorum to constitute a meeting of the House)" shall be inserted. ### 36. Amendment of article 217.- In article 217 of the Constitution, in clause (2) ,- (a) in sub-clause (b), the word "or" shall be inserted at the end; (b) after sub-clause (b), the following sub-clause shall be inserted, namely:- "(c) is, in the opinion of the President, a distinguished jurist."; (c) in the Explanation, in clause (a), for the words "has held judicial office", the words "has held judicial office or the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law" shall be substituted. ### 37. Amendment of article 225.- In article 225 of the Constitution, the proviso shall be omitted. ### 38. Substitution of new article for article 226.- For article 226 of the Constitution, the following article shall be substituted, namely:- "226. Power of High Courts to issue certain writs.- (1) Notwithstanding anything in article 32 but subject to the provisions of article 131A and article 226A, every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them,- (a) for the enforcement of any of the rights conferred by the provisions of Part III; or (b) for the redress of any injury of a substantial nature by reason of the contravention of any other provision of this Constitution or any provision of any enactment or Ordinance or any order, rule, regulation, bye-law or other instrument made thereunder; or (c) for the redress of any injury by reason of any illegality in any proceedings by or before any authority under any provision referred to in sub-clause (b) where such illegality has resulted in substantial failure of justice. (2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories. (3) No petition for the redress of any injury referred to in sub-clause (b) or sub-clause (c) of clause (1) shall be entertained if any other remedy for such redress is provided for by or under any other law for the time being in force. (4) No interim order (whether by way of injunction or stay or in any other manner) shall be made on, or in any proceedings relating to, a petition under clause (1) unless- (a) copies of such petition and of all documents in support of the plea for such interim order are furnished to the party against whom such petition is filed or proposed to be filed; and (b) opportunity is given to such party to be heard in the matter. (5) The High Court may dispense with the requirements of sub-clauses (a) and (b) of clause (4) and make an interim order as an exceptional measure if it is satisfied for reasons to be record in writing that it is necessary so to do for preventing any loss being caused to the petitioner which cannot be adequately compensated in money but any such interim order shall, if it is not vacated earlier, cease to have effect on the expiry of a period of fourteen days from the date on which it is made unless the said requirements have been complied with before the expiry of that period and the High Court has continued the operation of the interim order. (6) Notwithstanding anything in clause (4) or clause (5), no interim order (whether by way of injunction or stay or in any other manner) shall be made on, or in any proceedings relating to, a petition under clause (1) where such order will have the effect of delaying any inquiry into a matter of public importance or any investigation or inquiry into an offence punishable with imprisonment or any action for the execution of any work or project of public utility, or the acquisition of any property for such execution, by the Government or any corporation owned or controlled by the Government. (7) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme Court by clause (2) of article 32.". ### 39. Insertion of new article 226A.- After article 226 of the Constitution, the following article shall be inserted, namely:- "226A. Constitutional validity of Central laws not to be considered in proceedings under article 226.-Notwithstanding anything in article 226, the High Court shall not consider the constitutional validity of any Central law in any proceedings under that article.". ### 40. Amendment of article 227.- In article 227 of the Constitution,- (a) for clause (1), the following clause shall be substituted, namely:- "(1) Every High Court shall have superintendence over all courts subject to its appellate jurisdiction."; (b) after clause (4), the following clause shall be inserted, namely:--- "(5) Nothing in this article shall be construed as giving to a High Court any jurisdiction to question any judgment of any inferior court which is not otherwise subject to appeal or revision.". ### 41. Amendment of article 228.- In article 228 of the Constitution, for the words "it shall withdraw the case and may---", the words, figures and letter "it shall withdraw the case and, subject to the provisions of article 131A, may---" shall be substituted. ### 42. Insertion of new article 228A.- After article 228 of the Constitution, the following article shall be inserted, namely:- "228A. Special provisions as to disposal of questions relating to constitutional validity of State laws.-(1) No High Court shall have jurisdiction to declare any Central law to be constitutionally invalid. (2) Subject to the provisions of article 131A, the High Court may determine all questions relating to the constitutional validity of any State law. (3) The minimum number of Judges who shall sit for the purpose of determining any question as to the constitutional validity of any State law shall be five: Provided that where the High Court consists of less than five Judges, all the Judges of the High Court may sit and determine such question. (4) A State law shall not be declared to be constitutionally invalid by the High Court unless- (a) where the High Court consists of five Judges or more, not less than two-thirds of the Judges sitting for the purpose of determining the validity of such law, hold it to be constitutionally invalid; and (b) where the High Court consists of less than five Judges, all the Judges of the High Court sitting for the purpose hold it to be constitutionally invalid. (5) The provisions of this article shall have effect notwithstanding anything contained in this Part. Explanation.---In computing the number of Judges of a High Court for the purposes of this article, a Judge who is disqualified by reason of personal or pecuniary bias shall be excluded.". ### 43. Insertion of new article 257A.- After article 257 of the Constitution, the following article shall be inserted, namely:- "257A. Assistance to States by deployment of armed forces or other forces of the Union.-(1) The Government of India may deploy any armed force of the Union or any other force subject to the control of the Union for dealing with any grave situation of law and order in any State. (2) Any armed force or other fore or any contingent or unit thereof deployed under clause (1) in any State shall act in accordance with such directions as the Government of India may issue and shall not, save as otherwise provided in such directions, be subject to the superintendence or control of the State Government or any officer or authority subordinate to the State Government. (3) Parliament may, by law, specify the powers, functions, privileges and liabilities of the members of any force or any contingent or unit thereof deployed under clause (1) during the period of such deployment.". ### 44. Amendment of article 311.- In article 311 of the Constitution, in clause (2) ,- (a) the words "and where it is proposed, after such inquiry, to impose on him any such penalty, until he has been given a reasonable opportunity of making representation on the penalty proposed, but only on the basis of the evidence adduced during such inquiry" shall be omitted; (b) for the words "Provided that this clause shall not apply---", the following shall be substituted, namely:- "Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed: Provided further that this clause shall not apply---". ### 45. Amendment of article 312.- In article 312 of the Constitution,- (a) in clause (1),- (i) for the word and figures "Part XI", the words and figures "Chapter VI of Part VI or Part XI" shall be substituted; (ii) after the words "all-India services", the brackets and words "(including an all-India judicial service)" shall be inserted; (b) after clause (2), the following clauses shall be inserted, namely:- "(3) The all-India judicial service referred to in clause (1) shall not include any post inferior to that of a district judge as defined in article 236. (4) The law providing for the creation of the all-India judicial service aforesaid may contain such provisions for the amendment of Chapter VI of Part VI as may be necessary for giving effect to the provisions of that law and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368.". ### 46. Insertion of new Part XIVA.- After Part XIV of the Constitution, the following Part shall be inserted, namely:- `PART XIVA TRIBUNALS ### 323A. Administrative tribunals.- (1) Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation owned or controlled by the Government. (2) A law made under clause (1) may- (a) provide for the establishment of an administrative tribunal for the Union and a separate administrative tribunal for each State or for two or more States; (b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals; (c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals; (d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under article 136, with respect to the disputes or complaints referred to in clause (1); (e) provide for the transfer to each such administrative tribunal of any cases pending before any court or other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment; (f) repeal or amend any order made by the President under clause (3) of article 371D; (g) contain such supplemental, incidental and consequential provisions (including provisions as to fees) as Parliament may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals. (3) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being force. ### 323B. Tribunals for other matters.- (1) The appropriate Legislature may, by law, provide for the adjudication or trial by tribunals of any disputes, complaints, or offences with respect to all or any of the matters specified in clause (2) with respect to which such Legislature has power to make laws. (2) The matters referred to in clause (1) are the following, namely:- (a) levy, assessment, collection and enforcement of any tax; (b) foreign exchange, import and export across customs frontiers; (c) industrial and labour disputes; (d) land reforms by way of acquisition by the State of any estate as defined in article 31A or of any rights therein or the extinguishment or modification of any such rights or by way of ceiling on agricultural land or in any other way; (e) ceiling on urban property; (f) elections to either House of Parliament or the House or either House of the Legislature of a State, but excluding the matters referred to in article 329 and article 329A; (g) production, procurement, supply and distribution of foodstuffs, (including edible oilseeds and oils) and such other goods as the President may, by public notification, declare to be essential goods for the purpose of this article and control of prices of such goods; (h) offences against laws with respect to any of the matters specified in sub-clauses (a) to (g) and fees in respect of any of those matters; (i) any matter incidental to any of the matters specified in sub- clauses (a) to (h). (3) A law made under clause (1) may- (a) provide for the establishment of a hierarchy of tribunals; (b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals; (c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals; (d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under article 136, with respect to all or any of the matters falling within the jurisdiction of the said tribunals; (e) provide for the transfer to each such tribunal of any cases pending before any court or any other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment; (f) contain such supplemental, incidental and consequential provisions, (including provisions as to fees) as the appropriate Legislature may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals. (4) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force. Explanation.-In this article, "appropriate Legislature", in relation to any matter, means Parliament or, as the case may be, a State Legislature competent to make laws with respect to such matter in accordance with the provisions of Part XI.'. ### 47. Amendment of article 330.- In article 330 of the Constitution, the following Explanation shall be inserted at the end, namely:- `Explanation.-In this article and in article 332, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published: Provided that the reference in this Explanation to the last preceding census of which the relevant figures have ben published shall, until the relevant figures for the first census taken after the year 2000 have been published, be construed as a reference to the 1971- census.'. ### 48. Amendment of article 352.- In article 352 of the Constitution,- (a) in clause (1), after the words "make a declaration to that effect", the following shall be inserted, namely:- "in respect of the whole of India or of such part of the territory thereof as may be specified in the Proclamation"; (b) in clause (2), in sub-clause (a), after the word "revoked", the words "or varied" shall be inserted; (c) after clause (2), the following clause shall be inserted, namely:- "(2A) Where a Proclamation issued under clause (1) is varied by a subsequent Proclamation, the provisions of clause (2) shall, so far as may be, apply in relation to such subsequent Proclamation as they apply in relation to a Proclamation issued under clause (1).". ### 49. Amendment of article 353.- To article 353 of the Constitution, the following proviso shall be added, namely:- "Provided that where a Proclamation of Emergency is in operation only in any part of the territory of India,- (i) the executive power of the Union to give directions under clause (a), and (ii) the power of Parliament to make laws under clause (b), shall also extend to any State other than a State in which or in any part of which the Proclamation of Emergency is in operation if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.". ### 50. Amendment of article 356.- In article 356 of the Constitution, in clause (4) , for the words "six months", wherever they occur, the words "one year" shall be substituted. ### 51. Amendment of article 357.- (1) In article 357 of the Constitution, for clause (2), the following clause shall be substituted, namely:- "(2) Any law made in exercise of the power of the Legislature of the State by Parliament or the President or other authority referred to in sub-clause (a) of clause (1) which Parliament or the President or such other authority would not, but for the issue of a Proclamation under article 356, have been competent to make shall, after the Proclamation has ceased to operate, continue in force until altered or repealed or amended by a competent Legislature or other authority. (2) The amendment made by sub-section (1) shall apply also to any law referred to in clause (2) of article 357 of the Constitution which is in force immediately before the coming into force of this section. ### 52. Amendment of article 358.- To article 358 of the Constitution, the following proviso shall be added, namely:- "Provided that where a Proclamation of Emergency is in operation only in any part of the territory of India, any such law may be made, or any such executive action may be taken, under this article in relation to or in any State or Union territory in which or in any part of which the Proclamation of Emergency is not in operation, if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.". ### 53. Amendment of article 359.- In article 359 of the Constitution,- (a) to clause (1A), the following proviso shall be added, namely:- "Provided that where a Proclamation of Emergency is in operation only in any part of the territory of India, any such law may be made, or any such executive action may be taken, under this article in relation to or in any State or Union territory in which or in any part of which the Proclamation of Emergency is not in operation, if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation."; (b) to clause (2), the following proviso shall be added, namely:- "Provided that where a Proclamation of Emergency is in operation only in a part of the territory of India, any such order shall not extend to any other part of the territory of India unless the President, being satisfied that the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation, considers such extension to be necessary.". ### 54. Amendment of article 366.- In article 366 of the Constitution,- (a) after clause (4), the following clause shall be inserted, namely:- `(4A) "Central law" means any law other than a State law but does not include any amendment of this Constitution made under article 368;'; (b) after clause (26), the following clause shall be inserted, namely:- `(26A) "State law" means- (a) a State Act or an Act of the Legislature of a Union territory; (b) an Ordinance promulgated by the Governor of a State under article 213 or by the administrator of a Union territory under article 239B; (c) any provision with respect to a matter in the State List in a Central Act made before the commencement of this Constitution; (d) any provision with respect to a matter in the State List or the Concurrent List in a Provincial Act; (e) any notification, order, scheme, rule, regulation or bye-law or any other instrument having the force of law made under any Act, Ordinance or provisions referred to in sub-clause (a), sub-clause (b), sub-clause (c) or sub-clause (d); (f) any notification, order, scheme, rule, regulation or bye-law or any other instrument having the force of law, not falling under sub-clause (e), and made by a State Government or the administrator of a Union territory or an officer or authority subordinate to such Government or administrator; and (g) any other law (including any usage or custom having the force of law) with respect to a matter in the State List.'. ### 55. Amendment of article 368.- In article 368 of the Constitution, after clause (3) , the following clauses shall be inserted, namely:- "(4) No amendment of this Constitution (including the provisions of Part III) made or purporting to have been made under this article whether before or after the commencement of section 55 of the Constitution (Forty-second Amendment) Act, 1976] shall be called in question in any court on any ground. (5) For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article.". ### 56. Amendment of article 371F.- In article 371F of the Constitution, in clause (c) , for the words "five years", the words "six years" shall be substituted and for the words "four years" in the two places where they occur, the words "five years" shall be substituted. ### 57. Amendment of the Seventh Schedule.- In the Seventh Schedule to the Constitution,- (a) in List I.-Union List, after entry 2, the following entry shall be inserted, namely:- "2A. Deployment of any armed force of the Union or any other force subject to the control of the Union or any contingent or unit thereof in any State in aid of the civil power; powers, jurisdiction, privileges and liabilities of the members of such forces while on such deployment."; (b) in List II.-State List,- (i) in entry 1, for the words "the use of naval, military or air forces or any other armed forces of the Union", the words "the use of any naval, military or air force or any other armed force of the Union or of any other force subject to the control of the Union or of any contingent or unit thereof" shall be substituted; (ii) for entry 2, the following entry shall be substituted, namely:- "2. Police (including railway and village police) subject to the provisions of entry 2A of List I."; (iii) in entry 3, the words "Administration of justice; constitution and organisation of all courts, except the Supreme Court and the High Court;" shall be omitted; (iv) entries 11, 19, 20 and 29 shall be omitted; (v) in entry 55, the words "and advertisements broadcast by radio or television" shall be inserted at the end; (c) in List III.-Concurrent List,- (i) after entry 11, the following entry shall be inserted, namely:- "11A. Administration of justice; constitution and organisation of all courts, except the Supreme Court and the High Courts.; (ii) after entry 17, the following entries shall be inserted, namely:- "17A. Forests. ### 17B. Protection of wild animals and birds."; (iii) after entry 20, the following entry shall be inserted, namely:- "20A. Population control and family planning."; (iv) for entry 25, the following entry shall be substituted, namely:- "25. Education, including technical education, medical education and universities, subject to the provisions of entries 63, 64, 65 and 66 of List I; vocational and technical training of labour."; (v) after entry 33, the following entry shall be inserted, namely:- "33A. Weights and measures except establishment of standards.". ### 58. Special provisions as to pending petitions under article 226.- (1) Notwithstanding anything contained in the Constitution, every petition made under article 226 of the Constitution before the appointed day and pending before any High Court immediately before that day (such petition being referred to in this section as a pending petition) and any interim order (whether by way of injunction or stay or in any other manner) made on, or in any proceedings relating to, such petition before that day shall be dealt with in accordance with the provisions of article 226 as substituted by section 38. (2) In particular, and without prejudice to the generality of the provisions of sub-section (1), every pending petition before a High Court which would not have been admitted by the High Court under the provisions of article 226 as substituted by section 38 if such petition had been made after the appointed day, shall abate and any interim order (whether by way of injunction or stay or in any other manner) made on, or in any proceedings relating to, such petition shall stand vacated: Provided that nothing contained in this sub-section shall affect the right of the petitioner to seek relief under any other law for the time being in force in respect of the matters to which such petition relates and in computing the period of limitation, if any, for seeking such relief, the period during which the proceedings relating to such petition were pending in the High Court shall be excluded. (3) Every interim order (whether by way of injunction or stay or in any other manner) which was made before the appointed day, on, or in any proceedings relating to, a pending petition [not being a pending petition which has abated under sub-section (2)], and which is in force on that day, shall, unless before the appointed day copies of such pending petition and of documents in support of the plea for such interim order had been furnished to the party against whom such interim order was made and an opportunity had been given to such party to be heard in the matter, cease to have effect (if not vacated earlier),- (a) on the expiry of a period of one month from the appointed day, if the copies of such pending petition and the documents in support of the plea for the interim order are not furnished to such party before the expiry of the said period of one month; or (b) on the expiry of a period of four months from the appointed day, if the copies referred to in clause (a) have been furnished to such party within the period of one month referred to in that clause but such party has not been given an opportunity to be heard in the matter before the expiry of the said period of four months. (4) Notwithstanding anything contained in sub-section (3), every interim order (whether by way of injunction or stay or in any other manner) which was made before the appointed day, on, or in any proceedings relating to, a pending petition [not being a pending petition which has abated under sub-section (2)], and which is in force on that day, shall, if such order has the effect of delaying any inquiry into a matter of public importance or any investigation or inquiry into an offence punishable with imprisonment or any action for the execution of any work or project of public utility, or the acquisition of any property for such execution, by the Government or any corporation owned or controlled by the Government, stand vacated. Explanation.-In this section, "appointed day" means the date on which section 38 comes into force. ### 59. Power of the President to remove difficulties.- (1) If any difficulty arises in giving effect to the provisions of the Constitution as amended by this Act (including any difficulty in relation to the transition from the provisions of the Constitution as they stood immediately before the date of the President's assent to this Act to the provisions of the Constitution as amended by this Act), the President may, by order, make such provisions, including any adaptation or modification of any provision of the Constitution, as appear to him to be necessary or expedient for the purpose of removing the difficulty: Provided that no such order shall be made after the expiry of two years from the date of such assent. (2) Every order made under sub-section (1) shall, as soon as may be after it is made, be laid before each House of Parliament. The Constitution (Forty-Second Amendment) Act, 1976, made significant changes to the Constitution of India. It established parliament as the supreme sovereign body and excluded courts from handling election disputes. It also strengthened the power of the central government, transforming India from a federal to a "composite" federal system, and limited the judiciary's ability to challenge legislation. Despite its many changes, the Indian Constitution remains the supreme law of the land and is considered a "living breathing" document. Its flexibility allows the Supreme Court of India to interpret it creatively in accordance with the true spirit of democracy. This true spirit lies in making changes that are essential for the survival of the nation. Since independence, there have been many amendments made to the Constitution, with varying degrees of success. Some amendments aimed to increase the powers of the states and decentralize economic development. The Forty-Second Amendment sought to check the rise of regional parties, known as "regionalism," by granting states greater autonomy in development.Important Verdict- [Minerva Mills Ltd. And Ors. vs Union Of India (Uoi) And Ors. Also Refer ]
65b966e9ab84c7eca86e907a	acts	State of Bihar - Act ---------------------- The Bengal Alluvial Land Settlement Act, 1858 ----------------------------------------------- BIHAR India The Bengal Alluvial Land Settlement Act, 1858 =============================================== Act 31 of 1858 ---------------- * Published on 1 January 1858 * Commenced on 1 January 1858 The Bengal Alluvial Land Settlement Act, 1858 Act 31 of 1858 This includes present State of Bihar. An Act to make further provision for the settlement of land gained by alluvion in the Presidency of Fort William in Bengal. Preamble. - Whereas for the removal of doubts respecting the course proper to be followed in the settlement of land added by alluvial accession to estates paying revenue to Government, it is expedient to lay down certain rules to be observed in the settlement of such land; It is enacted as follows : ### 1. Addition of revenue assessed upon alluvial land to jama of original estate. - When land added by alluvial accession to an estate paying revenue to Government becomes liable to assessment, if it be so agreed on between the revenue-authorities and the proprietor or proprietors, the revenue assessed upon the alluvial land may be added to the jama of the original estate; and in such case a new engagement shall be executed for the payment of the aggregate amount, and that amount shall be substituted in the Collector's rent-roll for the former jama of the original estate. When separate settlement to be made. - If the proprietor or proprietors subject to such an agreement, or if the Revenue authorities are of opinion that a settlement of the alluvial land cannot properly be made for the same term as the existing settlement of the original estate, the alluvial land shall be assessed and settled as a separate estate with a separate jama, and shall thenceforward be regarded and treated, as in all respects separate from and independent of the original estate, whether the separate settlement be made with the proprietor or proprietors or the land be let in farm in consequence of the refusal of the proprietor or proprietors to accept the terms of settlement. The separate settlement may be permanent, if the settlement of the original estate is permanent. ### 2. Rights of under-tenants in alluvial land. - Nothing contained in the preceding section shall affect the rights of any under-tenant in any alluvial land under the provisions of Clause I, Section 4, Regulation 11 of 1825. It shall be the duty of all officers making settlement of such land, whether the land be settled separately or incorporated with the original estate, to ascertain and record all such rights according to the rules prescribed in Regulation 7, 1822; and to determine whether any and what additional rent shall be payable in respect of the alluvial land by the person or persons entitled to any under-tenure in the original estate. The provisions of the said Regulation, so far as same may be applicable, are hereby declared to extend to all settlements made under this Act. [\* \* \* \*] [Repealed by Act 1 of 1903.]
65b987d0ab84c7eca86e9519	acts	State of Punjab - Act ----------------------- The Punjab Lokpal Act, 1996 ----------------------------- PUNJAB India The Punjab Lokpal Act, 1996 ============================= Act 3 of 1997 --------------- * Published on 1 January 1997 * Commenced on 1 January 1997 The Punjab Lokpal Act, 1996 Punjab Act No. 3 of 1997 An Act to remove certain deficiencies in the Punjab Lokpal Act, 1995 and to provide for certain safe-guards which were missing in this Act and [ - ] [Words 'for the creation of multi member Lokpal' omitted vide Act No. 1 of 1998.] to secure proper investigation of enquiry against publicmen and thereby ensuring eradication of corruption, adherence to the rule of law by observing rules of natural justice. Be it enacted by the Legislature of the State of Punjab in the Forty- seventh Year of the Republic of India as follows :- Preliminary ### 1. Short title and commencement. (1) This Act may be called The Punjab Lokpal Act, 1996. (2) It shall come into force immediately. ### 2. Definitions. - In this Act, unless the context otherwise requires - (a) "competent authority" in relation to a complaint against a public man means the Governor; (b) "complaint" means a complaint alleging that a public man has, while holding any of the offices referred to in clause (k) committed misconduct; (c) "Complaint against a legislator" means a complaint alleging misconduct by a person who, at the time of the alleged commission of such misconduct was a Member of the Legislative Assembly of the State; (d) "corruption" includes anything made punishable under Chapter IX of the Indian Penal Code, 1860 or under the Prevention of Corruption Act, 1988; (e) "Governor" means the Governor of the State of Punjab; (f) "High Court" means the High Court of Punjab and Haryana; (g) [ "Lokpal" means a person appointed as such under section 4 of this Act] [Substituted vide Act No. 1 of 1998.] . (h) "Minister" means a member of the Council of Ministers by whatever name called, for the State of Punjab, that is to say the Chief Minister, a Minister, Minister of State, Deputy Minister, Chief Parliamentary Secretary and Parliamentary Secretary; (i) "Misconduct" means misconduct (whether committed before or after the commencement of this Act or within or outside India) of the nature specified in Section 3; (j) "Prescribed" means prescribed by rule made under this Act; (k) "Public man" means a person who holds or has held the office of :- (i) a Minister; (ii) a Member of the Legislative Assembly of the State; (iii) the Chairman and a Member of a Board constituted by or under the State or Central Act or otherwise; (iv) the Chairman of any Government company within the meaning of section 617 of the Companies Act, 1956, in which not less than fifty one per cent of the paid-up share capital is held by the State Government or any company which is subsidiary of a company in which not less than fifty one per cent of the paid-up share capital is held by the State Government; (v) the Chairman and a Member of any non-statutory Committee nominated by the State Government. (l) "Public servant" shall have to same meaning as in Section 21 of the Indian Penal Code, 1860. ### 3. Misconduct by public man. (1) A public man commits misconduct - (a) if he is actuated in the discharge of his functions as such public man by motives of personal interest or other inproper or corrupt motives; or (b) if he abuses, or attempts, to abuse, his position as such public man to cause harm or undue hardship to any other person; or (c) if he directly allows his position as such public man to be taken advantage of by any of his family member and by reason thereof such family member secure any undue gain or favour to himself or to another person or causes harm or undue hardship to another person; or (d) if any act or omission by him constitutes corruption; or (e) if he in possession of pecuniary resources or property disproportionate to his known sources of income and such pecuniary resources or property is held by public man personally or by any member of his family or by some other person on his behalf. (2) A Legislator commits misconduct if he abuses or attempts to abuse, or knowingly allows to be abused his position as such legislator for securing for himself directly or indirectly any valuable thing or pecuniary advantage. (3) A public man who abets or conceals or attempts to conceal from detection the commission of misconduct of the nature specified in sub-section (1) or, as the case may be, sub-section (2) by another public man, also commits misconduct. Explanation. - For the purpose of this section - (a) "Associate" in relation to a public man includes any person in whom such public man is interested; (b) "Legislator" means a person who is a member of the Legislative Assembly of the State; (c) "Members of family" in relation to a public man includes - (i) the wife or the husband, as the case may be, of the public man, whether residing with the public man or not but does not include a wife or husband, as the case may be, separated from the public man by a decree or order of a competent court; (ii) son or daughter or step-son or step-daughter of the public man and wholly dependent on him but does not include a child or step child who is no longer in any way dependent on the public man or of whose custody the public man has been deprived by or under any law; (iii) any other person related, whether by blood or marriage to the public man or to the public man's wife or husband and wholly dependent on the public man. Machinery for Enquiries [4. Appointment of Lokpal. - (1) for the purpose of conducting inquiries in accordance with the provisions of this Act, the Governor shall, by warrant under his hand and seal, appoint a person to be known as the Lokpal : Provided that the [Lokpal] [Substituted vide Act No. 1 of 1998.] shall be appointed on the advice of the Chief Minister who shall consult the Speaker of the Punjab Legislative Assembly, and the Chief Justice of India in case of appointment of a person who is or has been a Judge of the Supreme Court or Chief Justice of a High Court, and Chief Justice of Punjab and Haryana High Court in case of appointment of a person who is or has been a Judge of a High Court. (2) Every person appointed as the Lokpal shall, before entering upon his office, take and subscribe, before the Governor, or some person appointed in that behalf by him, an oath of affirmation in the form set out for the purpose in the Schedule. (3) A person shall not be qualified for appointment as Lokpal unless he is or has been a Judge of the Supreme Court or Chief Justice or a Judge of High Court in India.] ### 5. Lokpal to be ineligible to hold other offices. - The Lokpal shall not be a Member of Parliament or a Member of the Legislature of any State and shall not hold any office of Trust or profit (other than his office as Lokpal) or be connected with any political party, or carry on any business, or practice any profession, and accordingly before he enters upon his office a person appointed as the [Lokpal] [Substituted for the words 'Presiding Lokpal and Up Lokpal' by Act 1 of 1998.] shall - (a) if he is a member of Parliament or of the State Legislature of any State, resign such membership; or (b) if he holds any office of trust or profit resign from such office; or (c) if he is connected with any political party, sever his connection with it; or (d) if he is carrying on any business, sever his connection (short of divesting himself of ownership) with the conduct and management of such business; or (e) if he is practising any profession cease to practice such profession. ### 6. Term of office and other conditions of Service of the Lokpal. (1) The person appointed as Lokpal shall hold office Term of office for a term of four years from the date on which, he enters upon his office : Provided that - (a) The Lokpal may, by writing under his hand addressed to the Governor, resign his office; (b) The Lokpal may be removed from his office in the manner provided in section 7 of this Act; (2) On ceasing to hold office the Lokpal shall be ineligible for further employment (whether as Lokpal or in any other capacity) under the State Government or in any employment under or office in any local authority, corporation, government company as is referred to in sub-clause (iv) of clause k) of section 2 of this Act. (3) The Lokpal shall be paid in respect of time spent on actual service salary at the rate of nine thousand rupees per month fixed or salary and allowances drawn by a sitting Judge of the Supreme Court or High Court : Provided that if the Lokpal is at the time of his appointment, in receipt of a pension (other than disability or wound pension) in respect of any previous service under the Government of India or under the Government of a State, his salary in respect of service as Lokpal shall be reduced - (a) by the amount of that pension; (b) if he has before such appointment, received in lieu of a portion of the pension due to him in respect of such previous service, the commuted value thereof, by the amount of that portion of the pension; and (c) if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity. (4) The Lokpal shall be entitled without payment of rent the use of an official residence. [(5) The allowances and pension payable, to and other conditions of service of the Lokpal shall be such as may be determined by the Governor having regard to the allowances and pension payable to and other conditions of service of the Judge of the Supreme Court, Chief Justice or Judge of the High Court and these shall not be varied to his disadvantage after his appointment.] [Substituted vide Act No. 1 of 1998.] ### 7. Removal of Lokpal. (1) Subject to the provisions of Article 311 of the Constitution of India the [ - ] [Words 'Presiding Lokpal and Up' omitted vide Act No. 1 of 1998.] Lokpals may be removed from their respective offices by the Governor on the ground of misbehaviour or incapacity and on no other ground " Provided that the inquiry required to be held under clause (2) of the said Article before such removal shall only be held by a person appointed by the Governor being a person who is or has been a Judge of the Supreme Court or a Chief Justice or Judge of the High court. (2) Notwithstanding anything contained in sub-section (1) the Governor shall not remove the [Lokpal] [Word 'Presiding Lokpal and Up Lokpal' substituted vide Act No. 1 of 1998.] unless an address by the State Legislature supported by a majority of the total membership of the House and a majority of not less than two third of the members of the House present and voting, has been presented to the Governor in the same session for such removal. ### 8. Staff of Lokpal. (1) The Government in consultation with the [Lokpal shall appoint a Secretary and such other officers and employees as may be prescribed to assist him in the discharge of his functions (including verification and inquiries in respect of complaints) under this Act.] [words 'Presiding' omitted vide Act No. 1 of 1998.] (2) Without prejudice to the provisions of sub-section (1) the [Lokpal] [Word 'Presiding' omitted vide Act No. 1 of 1998.] may for the purpose of dealing with any complaints, or any classes of complaints, secure the services of any officer or employees or investigating agency of the Central Government or State Government with the concurrence of that Government. (3) The terms and conditions of service of the officers and employees referred to in sub-section (1) and of the officers, employees, agencies and persons referred to in sub-section (2) (including such special conditions as may be considered necessary for enabling them to act without fear in the discharge of their functions) shall be as may be prescribed by the Government in consultation with the [Lokpal.] [Word 'Presiding' omitted vide Act No. 1 of 1998.] Jurisdiction and Procedure in Respect of Inquiries ### 9. Jurisdiction of Lokpal. (1) Subject to the other provisions of this Act, the Lokpal may inquire into any matter involved in, or arising from, or connected with any allegation of misconduct against public man made in a complaint under this Act. (2) The onus to prove the allegation shall be on the complainant but the Lokpal may collect evidence and may call upon the person against whom a complaint is made to produce evidence. [ ] [Subsection (3) ommitted vide Act No 1 of 1998.] ### 10. [ Jurisdiction. [Substituted vide Act No. 1 of 1998.] (1) The Lokpal shall enquire into an allegation of misconduct against a public man within five years from the date of occurrence of that misconduct. (2) Notwithstanding anything contained in sub-section (3), the complaints filed under the provisions of the Punjab Lokpal Act, 1995 (Punjab Act No. 9 of 1995) shall also be enquired into by the Lokpal. (3) The Lokpal shall not enquire into any matter which has been referred for enquiry under the Commission of Inquiry Act, 1952 on his recommendations or with his prior concurrence. (4) The Lokpal shall not enquire into any complaint suo moto.] ### 11. Complaints. (1) Any person other than a public servant may make a complaint under this Act to the Lokpal. (2) [ - ] [Sub-section (2) omitted vide Act No. 1 of 1998.] (3) The complaint shall be in the prescribed form and shall set forth particulars of the misconduct alleged and shall be accompanied by an affidavit in support of the allegation of misconduct and the particulars thereof and a certificate in the prescribed form in respect of the deposit referred to in sub-section (4). (4) The complainant shall deposit in such manner and with such authority or agency as may be prescribed a sum of [one thousand rupee] [Substituted for the words 'five hundred rupees' by Act 1 of 1998.] as fee. ### 12. Preliminary scrutiny of complaints by Lokpal. (1) If the Lokpal is satisfied after considering a complaint and after making such verification, as he deems appropriate - (a) that he cannot make any inquiry in respect of the complaint by reason of the provision of [sub-section 3 of section 10] [Substituted vide Act No. 1 of 1998.] ; or (b) that the complaint is not made within the period as specified in [sub-section (1)] [Substituted vide Act No. 1 of 1998.] of section 10 and that there is no sufficient cause for entertaining the complaint; or (c) that the complaint is frivolous or vexatious or is not made in good faith; or (d) that there are no sufficient grounds for inquiring into the complaint. The Lokpal shall dismiss the complaint after recording his reasons thereof and communicate the same to the complainant and to the competent authority concerned. (2) The procedure for verification in respect of a complaint under sub- section (1) shall be such, as the Lokpal may deem appropriate in the circumstances of the case and in particular the Lokpal may, if he deems it necessary to do so, call for the comments of the public man concerned. (3) Any order affecting the rights of the person complained against shall be a speaking order. ### 13. Procedure in respect of enquiries. (1) If, after the consideration and verification under section 12 in respect of a complaint the Lokpal proposes to conduct an inquiry, he, - (a) shall forthwith forward a copy of the complaint to the competent authority; (b) may make such orders as to the safe custody of documents relevant to the enquiry as he deems fit; (c) shall at such time as he considers appropriate, forward a copy of the complaint to the public man concerned and afford him an opportunity to represent his case. (2) Every such inquiry shall[ - ] [Words 'unless the Lokpal, for reasons to be recorded in writing, determines otherwise' omitted vide Act No. 1 of 1998.] be conducted in camera : Provided that an inquiry in respect of a complaint against a Legislator shall be conducted only in Camera. (3) Save as aforesaid, the procedure for conducting any such inquiry shall be such as the Lokpal may consider appropriate in the circumstances of the case keeping in view the rules of natural justice as enunciated by the Supreme Court of India and the High Court. The person against whom a complaint has been made shall not be compelled to be witness against himself. ### 14. Evidence. (1) Subject to the provisions of this section for the purpose of any enquiry including the verification under section 12, the Lokpal - (a) may require any public servant or any other person, who, in his opinion is able to furnish information or produce documents relevant to such inquiry, to furnish any such information or produce any such document; (b) shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, only in respect of the following matters, namely:- (i) summoning and enforcing the attendance of any person and examining him on oath; (ii) requiring the discovery and production of any document; (iii) receiving evidence on affidavits; (iv) requisitioning any public record or copy thereof from any court or office; (v) issuing commissions for the examination of witnesses; and (vi) such other matters as may be prescribed. (2) A proceeding before the Lokpal shall be deemed to be a judicial proceeding under the meaning of Section 193 of the Indian Penal Code, 1860. (3) Subject to the provisions of sub-section (4) - (a) no obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to the Government or any public servant whether imposed by any enactment or by any provision of law whatever, shall apply to disclosure of information for the purposes of any inquiry (including the verification under Section 12) under this Act; and (b) the Government or any public servant shall not be entitled, in relation to any verification or inquiry, to any such privilege in respect of the production of documents or the giving of evidence as is allowed by any enactment or by any provision whatsoever in legal proceedings. (4) No person shall required or authorised by virtue of this Act to furnish any information or answer any such questioner produce so much of any document - (a) as might prejudice the security of the State or the defence or international relations of India (including India's relations with the Government of any other country or with any international organisation), or the investigation or detection of crime; or (b) as might involve the disclosure of proceedings of the Council of Ministers or of any Committee thereof and for the purpose of this sub-section, a certificate issued by a Secretary to the Government certifying that any information, answer or portion of a document, is of the nature specified in clause (a) or clause (b) shall be binding and conclusive; provided that the Lokpal may require any information or answer or portion of document in respect of which a certificate is issued under this sub-section to the effect that it is of the nature as specified in clause (b) to be disclosed to him in private for scrutiny and if on such scrutiny the Lokpal is satisfied that such certificate ought not to have been issued, he shall declare the certificate to be of no effect. ### 15. Search and seizure. (1) If the Lokpal has reason to believe that any document which, in his opinion, will be useful for or relevant to, any inquiry under the Act is secreted in any place he may, with the prior approval of the Governor authorise any officer subordinate to him or any officer or any investigating agency referred to in sub-section (2) of section 8, to search for and to seize such documents. (2) If the Lokpal is satisfied that any document seized under sub-section (1) would be evidence for the purpose of any inquiry under this Act and that it would be necessary to retain that document in his custody, he may so retain the said document till the completion of such inquiry : Provided that where such document is seized before the commencement of such inquiry, the Lokpal shall return the document before the expiration of a period of one year from the date on which it is seized unless such inquiry has been commenced before such expiration. Explanation. - For the purposes, of this sub-section an inquiry in respect of a complaint - (a) shall be deemed to have commenced on the date on which the Lokpal forwards a copy of the complaint to the competent authority under clause (a) of sub-section (1) of section 13. (b) shall be deemed to have been completed on the date on which the Lokpal closes the case under section 16. (3) The provisions of the Code of Criminal Procedure, 1973, relating to searches shall, so far as may be, apply to searches under this section subject to the modification that sub-section (6) of section 165 of the said Code shall have effect as if for the word "Magistrate" wherever it occurs, the words "Lokpal or any officer authorised by him" were substituted. ### 16. Reports. (1) If, after inquiry in respect of a complaint, the Lokpal is satisfied,- (a) that no allegation made in the complaint has been substantiated either wholly or partly, he shall close the case and intimate the complainant, the public man and the competent authority accordingly; or (b) that all or any of the allegations made in the complaint have or has been substantiated either wholly or partly he shall by report in writing communicate his findings and recommendations to the competent authority and intimate the complainant and the public man concerned about his having made the report. (2) The competent authority shall examine the report forwarded to it under clause (b) of sub-section (1) and communicate to the Lokpal, within three months, of the date of receipt of the report, the action taken or proposed to be taken on the basis of the report. (3) If, the Lokpal is satisfied with the action taken or proposed to be taken on the basis of his report under clause (b) of sub-section (1), he shall close the case and intimate the complainant, the public man and the competent authority accordingly, but where he is not so satisfied and if, he considers that the case so deserves he may make a special report for reviewing decision to the Governor. (4) The Lokpal shall present annually to the Governor a consolidated report on the administration of this Act. (5) As soon as may be, after and in any case not later than ninety days from the receipt of a special report under sub-section (3), or the annual report under sub-section (4), the Governor shall cause the same together with an extraordinary memorandum to be laid before, the State Legislature. Explanation. - In computing the period of ninety days referred to in this sub-section, any period during which the State Legislature is not in session, shall be excluded. Miscellaneous ### 17. Expenditure on Lokpal to be charged on the Consolidated Fund of the State. - The salaries, allowances and pensions payable to, or in respect of, Lokpal and other functionaries shall be expenditure charged on the Consolidated Fund of the State. ### 18. Secrecy of Information. (1) Any information obtained by the Lokpal or by any officer, employee, agency or person referred to in section 8, in the course of or for the purposes of any verification or inquiry under this Act, and any evidence recorded or collected in connection therewith shall be treated as confidential and, notwithstanding anything contained in the Indian Evidence Act, 1872 no court shall be entitled to compel the Lokpal or any such officer, employee, agency or person to give evidence relating to such information or to produce the evidence so recorded or collected. (2) Nothing in sub-section (1) shall apply to the disclosure of the information or evidence referred to therein - (a) for the purpose of this Act or for the purposes of any action or proceedings to be taken on any report under section 16, or (b) for the purposes of any proceedings, for any offence of giving or fabricating false evidence under the Indian Penal Code, 1860, or (c) for such other purposes, as may be prescribed. ### 19. Penalty for disclosure of publication of information in respect of complaints against Legislator. (1) No complaint against a [Public man] [Substituted for 'Legislator' vide Act No. 1 of 1998.] or any proceedings (whether by way of verification, inquiry or otherwise) in respect of such complaint or proceedings (including any evidence furnished, collected or recorded in relation to such complaint or in the course of or for the purpose of such proceedings) shall be disclosed or published by any person - (a) Where[ - ] [Certain words omitted vide Act No. 1 of 1998.] the Lokpal conducts an inquiry into such complaint under section 13 at any time before he closes the case under clause (a) of sub-section (1) of section 16, or as the case may be, before he makes a report in respect of the case under clause (b) of that sub-section; (b) In any other case, before the competent authority concerned discloses or announces in the prescribed manner the findings in respect of the allegations made in such complaint; provided that nothing in this sub-section shall apply - (i) to any disclosure for the purpose of this Act; or (ii) to any disclosure or publication with respect to proceedings for any offence under this Act or any other law; or (iii) to any disclosure or publication for such other purposes as may be approved by the competent authority. (2) Whoever contravenes the provisions of sub-section (1) shall be punished with imprisonment for a term which may extend to [six months] [Substituted for the words 'one month' by Act 1 of 1998.] or with a fine of Rs. 2,000/- or with both. (3) The provisions of this section shall have effect notwithstanding anything contained in any other section of this Act or in any other enactment. ### 20. Intentional insult or interruption to or bringing into disrepute Lokpal. (1) Whoever intentionally offers any insult, or causes any interruption, to the Lokpal while the Lokpal is making any verification or conducting any inquiry under this Act, shall punished with simple imprisonment, for a term which may extend to one month or with fine of Rs. 2,000/- or with both. (2) Whoever by words spoken or intended to be read makes or publishes any statement, or does any other act, which is calculated to bring the Lokpal into disrepute shall be punished with simple imprisonment for a term which may extend to one month or with fine of Rs. 2,000 or with both. (3) The provisions of sub-section (2) of section 199 of the Code of Criminal Procedure, 1973 shall apply in relation to an offence under sub- section (1) or sub-section (2) as they apply in relation to an offence referred to in sub-section (2) of the said section 199, subject to the modification that no complaint in respect of such offence shall be made by the Public Prosecutor except with the previous sanction of the Lokpal. ### 21. Power of Lokpal to try certain offences summarily. (1) If at any stage of proceeding before the Lokpal, it appears to the Lokpal that any person appearing in such proceedings and knowingly or wilfully has given false evidence or had fabricated false evidence with the intention that such evidence shall be used in such proceedings, the Lokpal may, if satisfied that it is necessary and expedient in the interest of justice that the person should be tried summarily for giving or fabricating, as the case may be, false evidence, take cognizance of the offence and may after giving the offender a reasonable opportunity of showing cause and adducing evidence as to why he should not be punished for such offence, try such offender summarily, so far as may be, in accordance with the procedure specified for summary trials under the Code of Criminal Procedure, 1973 and sentence him to imprisonment for a term which may extend to one month, or to fine which may extend to five hundred rupees, or with both. (2) When any offence as is described in section 175, sections 178, 179 or section 180 of the Indian Penal Code is committed in the view or presence of the Lokpal, the Lokpal may cause the offender to be detained in custody and may, at any time on the same day, take cognizance of the offence and after giving the offender a reasonable opportunity of showing cause and adducing evidence as to why he should not be punished under this section sentence the offender to simple imprisonment for a term which may extend to fortnight or a fine which may extend to five hundred rupees, or with both. (3) In every case tried under this section, the Lokpal shall record the facts constituting the offence with the statement (if any) made by the offender as well as the finding and the sentence. (4) Any person convicted on a trial held under this section may appeal to the High Court and the provisions of Chapter XXIX of the Code of Criminal Procedure, 1973 shall, so far as may apply to appeals under this section and the High Court may alter or reverse the finding, or reduce or reverse the sentence appealed against. The Lokpal shall after pronouncing the punishment suspend its commencement for a period of mone month enable the aggrieved party to approach the High Court in an appeal and a copy of the order shall be furnished free of cost to a person who has been convicted under sections 20 and 21 of the Act. (5) The provisions of this section shall have effect notwithstanding anything contained in the Code of Criminal Procedure, 1973. ### 22. Action in case of false complaint. (1) Every person who wilfully or maliciously makes any complaint which he knows or has reason to believe to be false under this Act shall be punished with imprisonment for a term which may extend to one year and shall also be liable to fine which may extend to five thousand rupees. (2) No court except a court of Session, shall take cognizance of an offence under sub-section (1). (3) No such court shall take cognizance of such offence except on a complaint in writing made by the Public Prosecutor at the direction of the Lokpal and the court of Session may take cognizance of the offence on such complaint without the case being committed to it. (4) The Court of Session, on conviction of the person making false complaint may award, out of the amount of fine to the public man against whom such false complaint has been made, such amount of compensation as it thinks fit. (5) The provisions of this section shall have effect notwithstanding anything contained in the Code of Criminal Procedure, 1973. ### 23. Conferment of additional functions on Lokpal. (1) The Governor may in consultation with the Chief Minister and by an order in writing and subject to such conditions or limitations as may be specified in the order require the Lokpal to inquire into any allegations of misconduct specified in the order in respect of a public man and notwithstanding anything contained in this Act, the Lokpal shall comply with such order. (2) When the Lokpal is to make any inquiry under sub-section (1), the Lokpal shall exercise the same plowers and discharge the same functions as he would in the case of any inquiry made on a complaint under this Act and the provisions of this Act shall apply accordingly. ### 24. Compensation or reward or both payable in certain cases to complainant. - If the Lokpal is satisfied :- (a) that all or any of the allegations made in a complaint have or has been substantiated either wholly or partly; and (b) that having regard to the expenses incurred by the complainant in relation to the proceedings in respect of such complaint and all other relevant circumstances of the case the complainant deserves to be compensated or rewarded the Lokpal may recommend to the Government, the amount which may be paid to the complainant by way of such compensation or reward and the State Government may pay the amount so recommendated to the complainant. ### 25. Protection. (1) No suit, prosecution, or other legal proceedings; shall lie against the Lokpal, or against any officer, employee, agency or person referred to in section 8 in respect of anything which is done in good faith or intended to be done under this Act. (2) Save as otherwise provided in section 21, no proceedings or decision of the Lokpal shall be liable to be challenged reviewed, quashed or called in question, in any court. ### 26. Power to delegate. - The Lokpal may, by general or special order in writing and subject to such conditions and limitations as may be specified therein, direct that any powers conferred or duties imposed on him by or under this Act except the powers to dismiss complaint under sub-section (1) of section 12, the powers to close cases and make reports under section 16 and the powers under section 21, may also be exercised or discharged by such of the officers, employees or agencies referred to in sub-section (1) or sub- section (2) of section 8, as may be specified in the order. ### 27. Power to make rules. (1) The State Government may, by notification, in the official Gazette and subject to the condition of previous publication make rules for carrying out the purposes of this Act. (2) Every rule under this Act shall be laid as soon as may be, after it is made before the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two or more successive sessions aforesaid, the State Legislature agrees in making any modification in the rule or the State Legislature agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be, however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. ### 28. Saving. - The provisions of this Act, shall be in addition to the provisions of any other enactment or any rule or law under which any remedy by way of appeal, revision or any other manner is available to a person making complaint under this Act in respect of any action and nothing in this Act shall limit or affect the right of such person to avail of such remedy. ### 29. Repeal and Savings. (1) The Punjab Lokpal Ordinance, 1996 (Punjab Ordinance No. 4 of 1996), is hereby repealed. (2) Notwithstanding such repeal anything done or any action taken under the Ordinance referred to in sub-section (1) shall be deemed to have been done or taken under the corresponding provisions of this Act.
65b960c5ab84c7eca86e8f94	acts	State of Bihar - Act ---------------------- The Bihar Panchayat Election Rules, 2006 ------------------------------------------ BIHAR India The Bihar Panchayat Election Rules, 2006 ========================================== Rule THE-BIHAR-PANCHAYAT-ELECTION-RULES-2006 of 2006 ------------------------------------------------------ * Published on 31 October 2008 * Commenced on 31 October 2008 The Bihar Panchayat Election Rules, 2006 Published vide Notification No. 5558, Patna, dated 31.10.2008 Government of Bihar, Panchayati Raj Department, Notification No. 5558, Patna, dated 31.10.2008. - In exercise of powers conferred by Section 146 of the Bihar Panchayat Raj Ordinance, 2006 (Bihar Ordinance 01, 2006) the Governor of Bihar makes the following Rules :- Chapter 1 ----------- ### 1. Short title and commencement. (1) These Rules may be called the Bihar Panchayat Election Rules, 2006. (2) It shall come into force immediately. ### 2. Definition. - Unless there is anything repugnant in the subject or context:- (a) "Ordinance" means Bihar Panchayat Raj Ordinance, 2006; (b) "Section" means Section of the Ordinance; (c) "Election" means direct or indirect election of the office bearers of Gram Panchayat, Gram Katchahry, Panchayat Samiti and Zila Parishad subject to the Ordinance; (d) "Bye-election" means election to be held for filling casual vacancies; (e) "Commission" means State Election Commission constituted under Section 123 of the Ordinance; (f) "District Election Officer (Panchayat)" (hereinafter referred as District Election Officer) means the officer designated or nominated by the Commission to conduct direct election of the Panchayats; (g) "District Deputy Election Officer (Panchayat)" (hereinafter referred as District Deputy Election Officer ) means the Officer designated or nominated as such under these Rules; (h) "Returning Officer (Panchayat)" (hereinafter referred as Returning Officer) means the officer appointed as such under these Rules; (i) "Assistant Returning Officer (Panchayat)" (hereinafter referred as Assistant Returning Officer) means the officer appointed as such under these Rules; (j) "District Panchayat Raj Officer" means an officer appointed or designated as such by the Government; (k) "Presiding Officer (Panchayat)" (hereinafter referred as Presiding Officer) means the officer appointed as such under these Rules; (l) "Elector" or "Voter" means the person whose name is enrolled in the electoral roll meant for the purpose of elections to be held for Gram Katchahry, Gram Panchayat, Panchayat Samiti and Zila Parishad-, (m) "Electoral Roll" means the electoral roll prepared under Section 126 of the Ordinance; (n) "Marked copy of Electoral roll" means that copy of the electoral roll which is kept separately in an election for the purpose of marking the names of the voters while issuing ballot-paper to them; (o) "Counterfoil" means the counterfoil attached to a printed ballot paper; (p) "Constituency" means a constituency of Gram Panchayat, Gram Katchahry, Panchayat Samiti and Zila Parishad which includes their territorial constituencies also; (q) "Territorial Constituency" means the constituency of the members of Gram Panchayat, Gram Katchahry, Panchayat Samiti and Zila Parishad, (r) "Polling Station" means the place fixed for the purpose of polling for the election of a Panchayat, (s) "Ballot box" means any box , bag or other receptacle used for the purpose of casting votes by the voters in an election; (t) "Premises" means any land, building or any portion of a building and includes any cottage or other structure or any portion of the same; (u) "Vehicle" means vehicle worthy of being used for the purpose of election whether derived mechanically or otherwise; (v) "Corrupt practice" means the practice described in Section 141 of the Ordinance; (w) "Schedule" means the Schedule annexed to these Rules; (x) "Form" means forms annexed to these Rules; provided that in specific circumstances and to remove the practical difficulties, the Commission may make necessary modifications in any of the such forms. The terms and expressions used in these Rules but not defined will have the same meaning as have been assigned to them in the Ordinance. Chapter 2 Constitution and assignment of number to the Constituencies -------------------------------------------------------------------------- ### 3. Points to be considered in the constitution of territorial constituencies. (1) For the purpose of holding election of Gram Panchayat, Panchayat Samiti, Zila Parishad and Gram Katchahry the areas falling within their jurisdiction shall be divided into territorial constituencies by the District Magistrate under Sections 12, 37, 64 and 90 of the Ordinance respectively under the direction, control and supervision of the State Election Commission. (2) Each territorial constituency will consist of contiguous localities and it will be so constituted in such a manner that each territorial constituency may consist of a population, as far as practicable, identical with the other and the boundaries of each territorial constituency to be clearly defined separating it with the other by natural or artificial elements; provided that - (a) the population of each territorial constituency of a Gram Panchayat will be 500 or close to that, as may be practicable ; (b) the population of each territorial constituency of a Panchayat Samiti will be 5000 or close to that, as may be practicable; (c) the population of each territorial constituency of Zila Parishad will be 50,000 or close to that, as may be practicable: Provided further that, if any difficulty arises in the demarcation of territorial constituencies according to the yardstick mentioned above or in other exceptional circumstances, the District Magistrate shall, decide the matter in accordance with the guidelines obtained from the State Election Commission. ### 4. Constitution of the territorial constituencies of a Gram Panchayat. - The territorial constituencies of Gram Panchayats shall be constituted in such a manner that all the territorial constituencies of the Gram Panchayat are covered under the Gram Panchayat concerned. ### 5. Constitution of the territorial constituencies of a Panchayat Samiti. - The territorial constituencies of a Panchayat Samiti shall be constituted in such a manner that - (i) All the territorial constituencies of the Panchayat Samiti are covered under the area of the Panchayat Samiti concerned; (ii) Each of the territorial constituencies of the Panchayat Samiti is covered under the specified Gram Panchayat area, and (iii) In any circumstances the territorial constituency of the Gram Panchayat must not be splitted due to the constitution of the territorial constituencies of the Panchayat Samiti. ### 6. Constitution of the territorial constituencies of a Zila Parishad. - The territorial constituencies of a Zila Parishad shall be constituted in such a manner that - (i) All the territorial constituencies of the Zila Parishad are covered under the area of Zila Parishad concerned; (ii) Each of the territorial constituencies of the Zila Parishad is covered under the area of the specified Panchayat Samiti; and (iii) In any circumstances the territorial constituency of the Panchayat Samiti must not be spilitted due to the constitution of territorial constituencies of the Zila Parishad. ### 7. Procedure for assignment of number to the constituencies. - The constituencies shall be numbered in the following manner, viz.- (1) Starting from the North-West of the Panchayat Samiti to the South-East, each Gram Panchayat will be serially numbered. Firstly, the name of the district, then stroke, then the number assigned to the Gram Panchayat and lastly the name of the Gram Panchayat will be entered, viz., Patna/1- Magarpal Gram Panchayat electoral constituency; (2) Starting from the North-West of the Gram Panchayat to its South-East, each territorial constituency of that Gram Panchayat will be serially numbered. Firstly, the name of the district, then stroke, then the number assigned to the Gram Panchayat and name of the Gram Panchayat, then stroke and thereafter the number assigned to the territorial constituency will be entered, viz; Patna/1-Magarpal Gram Panchayat/territorial electoral constituency-1; (3) Starting from the North-West of the district to its South-East, each Panchayat Samiti will be serially numbered. Firstly, the name of the district, then stroke, thereafter the number assigned to the Panchayat Samiti and the name of the Panchayat Samiti will be entered, viz; Patna/1 - Maner Panchayat Samiti electoral constituency; (4) Starting from the North-West of the Panchayat Samiti to its South-East, each territorial constituency of that Panchayat Samiti will be serially numbered. Firstly, the name of the district, then stroke, then the number assigned to the Panchayat Samiti and its name thereafter stroke and then the number assigned to the territorial electoral constituency will be entered, viz; Patna/1 - Maner Panchayat Samiti/territorial electoral constituency -1; (5) Starting from the North-West of the Zila Parishad to its South-East, each territorial constituency of the Zila Parishad will be serially numbered. Firstly the name of the Zila Parishad, then stroke and thereafter the number assigned to the territorial constituency will be entered, viz. Patna Zila Parishad territorial electoral constituency-1. ### 8. Publication of the list of territorial electoral constituencies. (1) The list of the territorial electoral constituencies prepared by the District Magistrate under this Rule shall, in the cases of Gram Panchayat and Panchayat Samiti, be published in the offices of the Gram Panchayat and the Block concerned, and in the case of Zila Parishad in the offices of the Block, the Sub-Divisional Magistrate and the District Magistrate concerned in Form-1. (2) Any objection with regard to anything contained in the list published under sub-rule (1) shall be submitted in writing to the District Magistrate or an officer authorised by him within fourteen days from the date of publication of the list. (3) On receipt of an objection under sub-rule (2) the District Magistrate or the officer authorised by him shall, after necessary verification, record his decision which shall be final. (4) The list of territorial constituencies prepared in FORM -1 shall be published by the District Magistrate in the offices of the Gram Panchayat and the Block concerned in case of Gram Panchayat and Panchayat Samiti and in the offices of the Block, the Sub-divisional Magistrate and the District Magistrate concerned in the case of Zila Parishad and also in the District Gazette and a copy of the same to be furnished to the State Election Commission and the Director, Panchayat Raj. Chapter 3 Reservation/allotment of constituencies ------------------------------------------------------ ### 9. Determination of seats for reservation in the constituencies. (1) Separate electoral constituencies shall be reserved for and allotted to the members of the Scheduled Castes, Scheduled Tribes, Backward Classes and Women of these categories subject to the Sections 13, 15, 38, 40, 65, 91 and 93 of the Ordinance respectively for election of Member of Gram Panchayat, Mukhiya, Member of Panchayat Samiti, Pramukh, Member of Zila Parishad, Panch and Sarpanch of Gram Katchahry by the District Magistrate under the direction, control and supervision of the State Election Commission. (2) For election of the Chairman (Adhayksha) of Zila Parishad, separate electoral constituencies shall be reserved for and allotted to the members of the Scheduled Castes, Scheduled Tribes, Backward Classes and Women of these categories, subject to Section 67 of the Ordinance, by the State Election Commission. (3) After reservation and allotment of seats to the Scheduled Castes and the Scheduled Tribes under sub-rule (1) the number of seats out of the remaining seats to be reserved for the persons of the Backward Classes and women of these classes shall be as nearly as possible but not exceeding twenty percent of the total seats, subject to the overall limit of fifty percent reservation for all categories and allotment of those to be made in descending order of the total population of the remaining constituencies by the District Magistrate under the direction, control and supervision of the State Election Commission. Similarly, separate constituencies shall be reserved and allotted by the State Election Commission; to the Backward Classes and Women of this category (in descending order of the total population of the remaining constituencies) under Section 67 of the Ordinance for election to the post of Adhyaksha of Zila Parishad: Provided that in case of population of more than one electoral constituencies being equal the constituency coming first in the order of serial number shall be reserved for that category. ### 10. Procedure of calculation of the number of posts for the purpose of reservation. - The calculation of the number of posts of Panchayat for the purpose of reservation shall be made in accordance with to the procedure prescribed by the State Election Commission. ### 11. Allotment of the Constituencies for Scheduled Castes, Scheduled Tribes, Backward Classes and other categories in Panchayats. (1) As far as possible, only such constituencies shall be allotted to different categories in admissible number and in rotation whose population, on the basis of calculation in the descending order by the District Magistrate, is found comparatively higher than other categories: Provided that, as far as possible, those constituencies out of the remaining constituencies as prescribed in sub-rule (3) of Rule 9, shall be allotted to the Backward Classes category in admissible number and on rotational basis whose population comes first in descending order of their (of the remaining constituencies) total population: Provided that, in the first election for the purpose of allotment of constituencies admissible to different categories, allotment of constituency shall be made in the order of Scheduled Castes, Scheduled Tribes and others and for the allotment of the remaining constituencies the same order will be repeated : Provided further that, in the second election for the purpose of allotment of constituencies admissible to different categories, allotment of constituency shall be made in the order of Scheduled Tribes, Backward Classes, others and Scheduled Castes and for the allotment of the remaining constituencies the same order will be repeated: Provided further that, in the third election for the purpose of allotment of constituencies admissible to different categories, allotment of constituency shall be made in the order of Backward Classes, others, Scheduled Castes and Scheduled Tribes and for the allotment of the remaining constituencies the same order will be repeated. The same rotation shall be followed for the allotment of constituencies in subsequent elections. (2) Allotment of constituencies in Gram Katchahry.-The system of rotational allotment prescribed in sub-rule (1) shall be applicable to Gram Panchayat, Panchayat Samiti and Zila Parishad only. In case of Gram Katchahry the election conducted under this Act shall be deemed to be the first election. In the first election of Gram Katchahry, the order of Scheduled Castes, Scheduled Tribes, Backward Classes and others shall be followed for allotment of electoral constituencies in admissible numbers to different categories whereas in the second election the order shall be Scheduled Tribes, Backward Classes, others and Scheduled Castes and in the third election Backward Classes, others, Scheduled Castes and Scheduled Tribes, and this order shall be repeated for allotment of the rest of the electoral constituencies. (3) A reserved constituency shall not be reserved for the same category in the next election: Provided that, if any constituency was reserved for women of any particular category, in the next election that constituency may be reserved for women of a different category: Provided further that, if any constituency was reserved for women in other (unreserved) category, in the subsequent election it shall not be reserved for women in other (unreserved) category. But if there is no alternative, the allotted constituency of any particular category in the previous election may be re-allotted to the same category in the subsequent election. ### 12. Fifty percent reservation for post of women. - In all seats of reserved and unreserved categories as nearly as fifty percent but not more than that, seats shall be reserved for women of that category and the calculation of number of seats so reserved shall be done in accordance with the procedure prescribed by the State Election Commission. ### 13. Reservation for women in the first election. - If there is only one post available for a particular category, that post shall be reserved for women of that category in the first election. If in the subsequent election also only one constituency is reserved for that category, that constituency shall not be reserved for women. ### 14. Allotment of constituencies for women. - In the constituencies reserved for each category; the constituencies coming first in the descending order of population shall be alloted to women of that category in admissible number. ### 15. Maintenance of Registers relating to constituency wise reservation. - Registers related to population with regard to reservation of constituencies shall be got prepared constituency wise/territorial constituency wise in Form-2 by the Commission at the following level, viz.- \| \| \| \| \| --- \| --- \| --- \| \| (a) \| Gram PanchayatMember / Panch - Territorial constituency-wise \| At Block level through the District Magistrate \| \| (b) \| Panchayat SamitiMember - Territorial Constituency-wise \| \| \| (c) \| Mukhiya/Sarpanch- Electoral Constituency-wise \| \| \| (d) \| Zila ParishadMember - Territorial Constituency - \| At District level through the District Magistrate \| \| (e) \| Panchayat Samiti Pramukh- Territorial Constituency-wise \| \| \| (f) \| Adhyakash, Zila Parishad- Territorial constituency-wise \| At the State level through the State Election Commission: \| Provided that, a copy of each of the registers prepared at Block and District level shall be furnished to the Commission by the District Magistrate and one copy of each register shall be preserved in the Block and District offices. ### 16. Publication of the list of reserved constituencies by the District Magistrate. - The list of the constituencies reserved/unreserved by the District Magistrate shall be published in Form - 3 in the offices of Gram Panchayat, Block, Sub-Divisional Magistrate and District Magistrate, and one copy of each shall be preserved in the Block and District offices. ### 17. Publication of the list of constituencies reserved by the Commission. - The list of constituencies reserved/unreserved at the level of Commission shall be published in Form - 3 in the offices of the Commission and the District Magistrates. ### 18. Publication of the list of reserved constituencies in the Gazettes. - The list of reserved/unreserved constituencies published under Rules 16 and 17 shall be published in the District Gazette /Bihar Gazette, as the case may be. Chapter 4 Electoral Roll ----------------------------- ### 19. Preparation of Electoral Roll. - Subject to the provisions of the Ordinance and these Rules, constituency wise electoral roll shall be prepared by the District Election Officer under the direction, control and supervision of the State Election Commission. ### 20. Assistance of the officers and staff to be sought by District Election Officer. - For the purpose of preparation of electoral roll, the District Election Officer may take assistance of such officers and staff posted in the State Government Offices, Public Undertakings of the State and Institutions getting financial aid from the State Government posted in the district and other places and whose services are made available to him. The District Election Officer may also take the assistance of the officers and staffs of the Central Government Offices or Central Public Undertakings or institutions getting financial aid from the Central Government with consent of the competent authority of such offices/public undertakings/institutions. ### 21. Draft of the Electoral Roll. - The territorial constituency wise electoral roll of Gram Panchayat shall be prepared in Form-IV under Section 126 of the Ordinance. The electoral roll of different constituencies shall take shape by clubbing together all such electoral rolls of territorial constituencies, prepared as such. ### 22. Publication of Electoral Roll. - The electoral roll of the territorial constituencies and the constituency and constituencies so prepared shall be published according to the schedule prescribed by the State Election Commission, for fourteen days at the following places, viz.- \| \| \| \| --- \| --- \| \| Territorial Constituency ofGram Panchayat- \| In offices of theGram Panchayatand the Block concerned. \| \| Constituency ofGram Panchayat- \| In offices of theGram Panchayatand the Block concerned. \| \| Territorial Constituency ofPanchayat Samiti- \| In the office of the Block concerned. \| \| Territorial Constituency ofZila Parishad- \| In offices of the Block and the District Magistrate concerned. \| ### 23. Amendment in the Electoral Roll. - Under the direction, control and supervision of the State Election Commission, the District Election Officer may, on a written application made within the time limit specified in Rule 22 or suo motu, remove any defect in the electoral roll prepared under Rule 21 and published under Rule 22 and the electoral roll shall be amended accordingly. ### 24. Obtaining a copy of the Electoral Roll. - Any person, after depositing the fee prescribed by the Commission, may obtain a certified copy of the electoral roll from the offices of the District Magistrate or the Block Development Officer. ### 25. Preservation of the Electoral Roll. - A copy of the electoral roll shall be preserved in the record room by the District Election Officer. Chapter 5 Polling Station ------------------------------ ### 26. Selection of Polling station. - The District Election Officer Shall, with the approval of the State Election Commission, select polling stations for each constituency. ### 27. Publication of the list of Polling Stations. - The District Election Officer shall publish the list of polling stations in the manner prescribed under sub-rule (1) of Rule 8: Provided that, before the final publication of the list, the approval of the State Election Commission shall be obtained: Provided further that, if found necessary on reasonable grounds, the State Election Commission may give orders for alternation in the list of polling stations even after its final publication. In any circumstances the District Election Officer, cannot make any alternation in the list approved by the Commission without its permission or in anticipation of the approval of the Commission. Chapter 6 Administrative Machinery for the conduct of election ------------------------------------------------------------------- ### 28. Making available the services of officers and staff. - The State Government, whenever such requisition is made, shall make available to the Commission the services of the staff and officers necessary for the conduct of election of Panchayats. ### 29. District Election Officer and District Deputy Election Officer to be designated or nominated. - For the purpose of conduct of elections to Panchayats, the Commission shall designate or nominate the District Magistrate as District Election Officer (Panchayat) for each district and shall designate or nominate one or more District Deputy Election Officer for assistance of the District Election Officer (Panchayat), who should be District Panchayat Raj Officer or a Deputy Collector in the equivalent rank : Provided that, subject to the direction, control and supervision of the State Election Commission the District Election Officer shall co-ordinate and supervise all the works relating to the conduct of election in the area under his jurisdiction. ### 30. Appointment of Returning Officer. - The State Election Commission or on being authorised by it, the District Election Officer shall appoint a Returning Officer for the conduct of elections to Panchayats who shall not be below the rank of Block Development Officer/Circle Officer/Deputy Collector. ### 31. Appointment of Assistant Returning Officer. - The State Election Commission or on being authorised by it, the District Election Officer, shall appoint, one or more Assistant Returning Officers, to assist the Returning Officer in the discharge of his functions, who shall be an officer of the State Government. ### 32. Appointment of Presiding Officer and Polling Officer. - For each polling station, the District Election Officer shall, appoint a Presiding Officer and such number of polling officer or officers to assist the Presiding Officer as he may deem necessary: Provided that, any person who is a Government servant or a servant of a Government Company or a servant of Government aided institution, may be appointed as Presiding Officer/Polling Officer: Provided further that, in the case a polling officer being absent from the polling station, the presiding officer may, under the proviso above, appoint any person present at the polling station other than the persons appointed by the candidate or on his behalf or has been doing other work for him as polling officer and inform the District Election Officer accordingly : Provided further that, the polling officer, on being authorised by the Presiding Officer subject to the direction of the State Election Commission, shall perform all or any of the functions of the Presiding Officer under the Ordinance or the Rules framed thereunder. ### 33. Discharge of the functions of the Presiding Officer due to unavoidable reason. - If the presiding officer owing to illness or on any other unavoidable reason is compelled to be absent from the polling station, his functions shall be performed by such polling officer who has been so authorised previously by the Returning Officer to perform such functions during such absence. ### 34. Duty of Presiding Officer. - It shall be the general duty of a presiding officer to maintain order at the polling station and see that the poll is properly going on. ### 35. Duty of Polling Officer. - It shall be the duty of a Polling Officer to assist the Presiding Officer of such polling station in the discharge of his functions. Chapter 7 Conduct of Election ---------------------------------- ### 36. Fixation of different stages of election. - In accordance with the election programme prescribed by the Commission, the District Election Officer shall through a notice in Form-5 specify - (a) the last date, time and place for filing nomination, such date being the seventh day from the next day of the publication of such notice, or if that day being a public holiday, the next successive day not to be a public holiday; (b) the date, time and place for scrutiny of nomination papers which shall not be a date later than three days after the last day fixed for filing of nomination paper: Provided that one or more successive dates may be appointed for the scrutiny of nominations, and if the last day of scrutiny being a public holiday, the next successive day not to be a public holiday; (c) the last date for withdrawal of candidature, which shall be a date not later than two days after the date of scrutiny of nomination, or if that day being a public holiday, the next day which not to be a public holiday; (d) the date and time on which poll, if necessary, to be held; and (e) the date, time and place for counting of votes. ### 37. Mode of publication of notice under Rule 36. - The publication of the notice under Rule 36 shall be made at least twenty days before the date appointed for the poll and a copy of such notice shall also be published in offices of Zila Parishad, Panchayat Samiti and Gram Panchayat concerned. ### 38. Filing of nomination paper by Candidates. (1) Any person may file a nomination paper as a candidate to fill up any seat provided he is qualified to be elected for that seat under the provisions of the Ordinance and not disqualified under [Section 136 of the Act] [The word as 'Ordinance' has been Subs, by Rule 6 of the Amdt. Rules 2007 as 'Act'. Published in Bihar Gazette (Extra-ordinary) dated 4.12.2007.] . (2) Each nomination paper under sub-rule (1) shall be filed in Form-6. ### 39. Presentation of nomination paper. (1) On or before the date appointed under clause (a) of Rule 36, each candidate shall in person, within the time and the place appointed in the notice under rule 36, deliver to the Returning Officer or the Assistant Returning Officer authorised for this purpose by the Returning Officer, a nomination paper duly filled in Form-6 and subscribed by the candidate and a voter of the concerned constituency as his proposer: Provided that a person, who is subject to any disqualification as a voter under the Act shall not be eligible to subscribe to any nomination paper as a proposer. (a) Any person, who is enrolled in the voter list of the concerned territorial constituency and who not being disqualified under sub-section (1) of [Section 136 of the Act] [The word as 'Ordinance' has been Subs, by Rule 6 of the Amdt. Rules 2007 as 'Act'. Published in Bihar Gazette (Extra-ordinary) dated 4.12.2007.] , may be a proposer of nomination; (b) A person can not be a proposer for more than one candidate; (c) Any person, who is himself a candidate for a particular constituency, can not be a proposer for any other candidate of the same constituency; (d) The proposer for a candidate of a particular constituency can not be a candidate himself for election from the same constituency; (e) A proposer once having subscribed to a nomination paper shall not be allowed to withdraw the same; (f) No nomination paper shall be received by a Returning officer unless it is accompanied by the following papers :- (i) A declaration in prescribed form regarding enrollment of the candidate and proposer as an elector, (ii) A declaration in prescribed form regarding conviction by competent court or pending criminal cases in any court. (iii) Original Caste Certificate as a proof of belonging to Scheduled Castes/Scheduled Tribes/Backward Classes issued by the District Magistrate/Sub-Divisional Magistrate/Block Development officer in case of nomination being filed by a candidate who wants to avail the benefits of the reservation of seats and nomination fee available to the members of Scheduled Castes/Scheduled Tribes/ Backward Classes. (iv) Challan of nomination fee deposited in a Government treasury or Nazir Receipt, (v) Necessary informations regarding the candidate as required by the Commission in prescribed form. (g) No nomination paper shall be accepted unless it is submitted within the appointed hour on the last date as specified in column 8 of Form-5 and a nomination paper received by mistake after the fixed hour to be rejected; (h) On the presentation of nomination paper, the Returning officer shall satisfy himself that the names and electoral roll numbers of the candidate and his proposer as entered in the nomination paper are the same as entered in the electoral roll: Provided that the Returning Officer may- (i) permit to rectify any clerical error in the nomination paper with regard to the said names or numbers to bring them into conformity with the corresponding entries in the electoral rolls, and (ii) where necessary, direct that any clerical and printing error in the said entries to be overlooked. (i) On receiving a nomination paper under sub-rule (1) the Returning Officer shall inform the concerned candidate or his proposer the date, hour and place appointed for scrutiny of nomination in prescribed format and shall enter in the nomination paper its serial number and shall sign thereon a certificate stating the date on which and the hour at which the nomination paper has been delivered to him; and every day after the scheduled hour for receiving nomination shall publish the information on the notice board of his office regarding the nomination containing descriptions both of the candidate and his proposer. (2) No candidate shall file more than two nomination papers for one seat. (3) The list of nomination papers shall be sent to the District Election Officer on the last date fixed for filing the nomination and a copy of this shall be published in the office of the Returning Officer. ### 40. Nomination Fee (1) A nomination paper by any candidate for election shall not be treated as duly filed if - (a) for the post of Member of Gram Panchayat/Panch of Gram Katchahry a sum of Rupees Two Hundred and Fifty and in the case of women/ Scheduled Castes/Scheduled Tribes/Backward Classes candidate a sum of rupees one hundred and twenty five. (b) for the post of Mukhiya of a Gram Panchayat/Sarpanch of the Gram Katchahry/Member of Panchayat Samiti, a sum of rupees one thousand and in the case of women /Scheduled Castes/Scheduled Tribes/Backward Classes candidate a sum of rupees five hundred. (c) for the post of Member of Zila Parishad, a sum of rupees two thousand, and in the case of women/Scheduled Castes/Scheduled Tribes/Backward Classes candidate a sum of rupees one thousand, has not been deposited with the Returning Officer as nomination fee; provided that, where a candidate files more than one nomination paper for election to the same post, it is not required to deposit more than one nomination fee. (2) The nomination fee shall not be refunded in any case. ### 41. Scrutiny of Nomination Paper. (1) The candidate, his election agent or the proposer may remain present on the date, time and place appointed for the scrutiny of nomination papers. (2) The Returning Officer shall examine the nomination papers and may reject them on the following grounds :- (a) If the candidate is disqualified for being elected to any post by or [under the Act] [The word as 'Ordinance' has been Subs, by Rule 6 of the Amdt. Rules 2007 As 'Act'. Published in Bihar Gazette (Extra-ordinary) dated 4.12.2007.] ; (b) If the proposer is not qualified for subscribing to the nomination paper; (c) If the provisions of Rules 38, 39 or 40 have not been complied with; (d) if the nomination paper does not bear the signature of the candidate or his proposer or the signatures are not genuine; (e) The nomination paper has been filed by the candidate for a post which is reserved for women/Scheduled Castes/Scheduled Tribes/Backward Classes and the candidate does not belong to such category. (f) if the papers mentioned in Rule 39(1)(f) have not been enclosed with the nomination paper. (3) No nomination paper shall be rejected on the ground of a clerical or printing error or any discrepancy which is not material. (4) The Returning Officer shall endorse on each nomination paper his decision as accepting or rejecting the same and if the nomination paper is rejected, record in writing a brief statement of the reasons for such rejection. (5) The production of the certified copy of an entry in the relevant electoral roll shall be the conclusive evidence for the right of any elector to stand for election, unless it is proved that the candidate is disqualified. (6) After the scrutiny of the nomination papers the Returning Officer shall prepare the list of the candidates in Form - 7, where nomination papers have been accepted and publish the same in his office and also send a copy to the District Election Officer. ### 42. Withdrawal of candidature. - Any candidate may withdraw his candidature by a notice in writing in Form -8 to the Returning Officer within the appointed date and time under clause (c) of Rule 36. ### 43. Preparation of List of contesting candidates. (1) Immediately after the expiration of the period for withdrawal of candidature under Rule 36, the Returning Officer, shall prepare a list of contesting candidates in Form - 9 and publish a copy of the list in his office and also send a copy to the District Election Officer. (2) The said list shall contain the names of the contesting candidates with their addresses in alphabetical order as per the first alphabet of the name in Devnagri script in Hindi, provided that if two or more candidates' first names are the same, their alphabetical order shall be decided according to the serial number of receiving of nomination papers and for the purpose of identification, no. (1), (2), (3) etc. will be mentioned in bracket against their names and the concerned candidate shall be informed accordingly in a manner prescribed by the Commission. ### 44. Election Symbol. - Where polling is necessary, the Returning Officer shall allot in the prescribed manner a symbol to each candidate out of the symbols prescribed by the State Election Commission and inform them in a manner prescribed by the Commission and shall give a replica of the alloted symbol to the concerned candidate. Chapter 8 The Candidate and his/her Agent ---------------------------------------------- ### 45. Appointment of Election Agent and revocation of such appointment or death of the election agent. (1) If a candidate wants to appoint his election agent, he may do so subject to the at any time before the poll be provisions of sub-rules (2) and (3) in Form -10. (2) The appointment of Election Agent may be revoked by the candidate at any time after producing a written declaration duly signed by him/her and on such revocation or in the case of death of the Election Agent before the election, the candidate may appoint a new Election Agent. (3) Any person who is disqualified for the time being [under the Act] [The word as 'Ordinance' has been Substituted by Rule 6 of the Amdt. Rules 2007 as 'Act'. Published in Bihar Gazette (Extra-ordinary) dated 4.12.2007.] to cast his vote in any election of the Panchayats or being elected, shall not be appointed as Election Agent so long his disqualification continues. ### 46. Appointment of Polling Agent. (1) At the time of any election in which polling is to be held the contesting candidate or his Election Agent may appoint maximum two agents for each polling station to act as the Polling Agent of such candidate and this appointment will be made in Form-11, in duplicate. (2) The candidate or his Election Agent will hand over the second copy of the appointment letter to the polling Agent who will produce the same to the Presiding Officer on the date fixed for the poll and will sign on the declaration contained in that appointment letter before him. The Presiding Officer will keep the second copy in his custody. (3) During the poll only one agent can remain present at the polling station at a time. ### 47. Revocation of the appointment of the Polling Agent or death of the polling agent. (1) The appointment of Polling Agent may, at any time prior to the commencement of the poll, be revoked through a written declaration duly signed by the candidate or his Election Agent. (2) Such declaration will be presented to the Presiding Officer. (3) Where the appointment of a Polling Agent has been revoked under sub-rule (1) or where the Polling Agent dies prior to the commencement of the poll, the candidate or his Election Agent may, at any time before the end of the poll, appoint a new Polling Agent under sub-rule (1) of Rule 46. ### 48. Appointment of counting Agent. (1) Each contesting candidate or his Election Agent may appoint a Counting Agent for the candidate in Form-12. (2) The Candidate or his Election Agent will hand over two copies of the appointment letter (Form 12) to the counting Agent, one of which to be kept by himself and produce the second copy before the Returning Officer or the officer authorised by him and will sign before him on the declaration contained therein and the officer will keep the second copy under his custody. ### 49. Revocation of the appointment of the Counting Agent or death of the Counting Agent. (1) The appointment of the Counting Agent may, at any time prior to the commencement of the counting, be revoked through a written declaration duly signed by the candidate or his Election Agent and such declaration will be presented to the Returning Officer or any other Officer authorised by him. (2) If the Counting Agent of the candidate dies before the completion of the counting, the candidate or his Election Agent may appoint a new Counting Agent under sub-rule (1) of Rule 48. ### 50. Countermanding of the Poll. - If any candidate out of the list of the candidates contesting the election under Rule 43 dies and information of his/her death is received by the Returning Officer before the commencement of the poll and on being satisfied by the fact of the death of the candidate, the Returning Officer shall countermand the poll and report the fact to the Commission through the District Election Officer. Proceedings with reference to the election shall be commenced a fresh after receiving the direction from the Commission. ### 51. Uncontested Election. (1) If after the expiry of the date and time fixed for withdrawal of candidature for any post, only one candidate is left to contest and his/her nomination paper is found to be valid, the Returning Officer shall declare him duly elected in Form -13 and shall report this to the District Election Officer. (2) If for any post no nomination paper has been filed or no nomination paper of any candidate has duly been accepted, the Returning Officer will report the fact to the Commission through the District Election Officer and the Commission will take further action to hold election for that post under the provisions of the Act and the Rules. ### 52. Contested Election. - Except the cases falling under Rule 51, polling shall be held in all other cases. Chapter 9 Poll for Election -------------------------------- ### 53. Mode of Poll in election. - In each election, the vote shall be casted through ballot paper in the manner prescribed herein after. ### 54. Ballot Box. - Subject to the order of the State Election Commission, each ballot box will be of such design in which ballot paper may be dropped but cannot be taken out without tempering the paper seal used and without opening the box. [Provided that in addition to ballot boxes, the giving and recording of votes by voting machines also in such manner as may be prescribed, may be adopted in all constituencies or in such constituency or constituencies, by the State Election Commission, as it may, having regard to the circumstances of each case, specify. "Voting machine" means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or a ballot paper in the Act or rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election. In case of use of Electronic voting machines for polling, procedure to be followed for recording and counting of the votes, sealing of machines and declaration of results etc. shall be prescribed by the State Election Commission: Provided that, as far as practicable, whenever electronic voting machines will be used, a hard copy of all data pertaining to different candidates will be prepared in the same format, as it is displayed in the control unit, and after putting in signatures of all candidates present at the time of counting or their election agents and the Returning Officer on the format, it shall be kept in a gauze envelope sealed by the secret seal specially provided by the State Election Commission to each Returning Officer and shall be kept in safe custody of the District Election Officer. The action regarding custody and destruction of such sealed envelopes shall be taken under Rule 86. The secret seal supplied by the Commission shall invariably be returned to the Commission within thirty six hours of declaration of results."] [Inserted by Rule 3 of Amdt. Rules, 2007 vide Notification No. 5595, dated 29.11.2007, Published in Bihar Gazette (Extra-ordinary) dated 4.12.2007.] ### 55. Ballot Paper. (1) Each ballot paper will be of such design as may be prescribed by the Commission. (2) On the back side of the ballot-paper and its counterfoil a distinguishing mark shall be stamped which will bear the name of the district/block and number of the polling station. In addition to that the Presiding Officer shall put his full signature on the back side of the ballot-paper. ### 56. Arrangement at the polling station. - At the polling station one or more separate voting compartments shall be set up in which the voter may cast his/her vote separately one by one and no voter will be allowed to enter the voting compartment so long another voter is there for the purpose of recording his vote. ### 57. Information at the polling station. - The following information shall be exhibited at the outside of each polling station- (a) Name and number of polling station; (b) Electoral roll pertaining to that polling station; (c) Name of each candidate in devnagari script and the election symbol allotted to him/her which will remain in the same order as indicated in Rule 43. ### 58. Entry in polling station. - The Presiding Officer shall regulate the number of voters who may enter in the polling station at a time, and shall remove all other persons from there except - (a) Polling Officers, (b) Public Servants on duty in connection with the election; (c) Persons authorised by the Commission, District Election Officer or the Returning Officer; (d) Candidates, their Election Agents and subject to the provision of these Rules, one Polling Agent of each candidate; (e) Child in the lap of the voter; (f) Person accompanying the blind or infirm voter who cannot move without assistance; (g) Such other persons as the Returning Officer or the Presiding Officer may employ for the purpose of identification of the voters. ### 59. Closing and Sealing of the Ballot boxes prior to commencement of the poll. (1) Just before the commencement of the poll, the Presiding Officer shall allow the candidates, their Election Agents and Polling Agents present at the polling station to inspect the Ballot Box to be used for poll and show them that the box was empty. (2) After that the following labels will be pasted on the inner and outer portion of the box - (a) Name of the Gram Panchayat, (b) Name and Number of the Polling Station ; (c) Election of Mukhiya/Sarpanch or Member/Panch of the Gram Panchayat or Member of the Panchayat Samiti/Zila Parishad (as the case may be); (d) Serial number of the Ballot Box which will be noted on the label of the outside portion after the closure of poll; and (e) Date of Poll. (3) The Presiding Officer shall fix on the ballot box the paper seal signed by him on which the candidate, Election Agent, Polling Agent present there may also put their signature, if they so desire. Thus he/she will prepare the ballot box and bring it into balloting position. ### 60. Identification of Voters. (1) The Presiding Officer shall establish the identity of a voter on the basis of such records, papers/certificates as the Commission may prescribe. (2) The Presiding Officer may employ any person, whom he may consider fit, to help in the identification of voters or his own help at the polling station. (3) As soon as the voter enters the polling station the Presiding Officer or the Polling Officer authorised by him will compare the name of the voter and other particulars with the relevant entries in the electoral roll and read out the serial number, name and other particulars of the voters. (4) In deciding the right of voter to receive the ballot paper the Presiding Officer or the Officer authorised will ignore any printing error in the relevant entry in the electoral roll if he is satisfied that the entry is related to that voter. ### 61. Challenge to the identity of voters. (1) Any candidate or Election Agent or Polling Agent may challenge the identity of a voter after depositing rupees 10/- in cash with the Presiding Officer. (2) The above amount having been deposited, the Presiding Officer- (a) shall warn the challenged person of punishment in case charge of impersonation is proved against him; (b) read out the relevant entry of the electoral roll and ask him if he is the person referred to in the entry; and (c) shall enter the name and address of the person in the list of challenged votes in Form-14 and obtain his signature on it. (3) Thereafter, the Presiding Officer will allow the person challenged and the challenger to place their points and after of such other relevant verification as which he/she may deem necessary, shall decide whether the challenge has been proved or not. After that he may allow the challenged person to cast his/her vote or debar him from voting. (4) If the challenge is not proved, the amount deposited under sub-rule(1) will stand forfeited. ### 62. Ballot Paper to be issued. (1) No ballot paper shall be issued to a voter before the time scheduled for commencement of the poll. (2) No ballot paper shall be issued to a voter after the expiry of the time fixed for closure of the poll: Provided that the voters present at the polling station up to the time fixed for the closure of the poll shall be entitled to receive ballot paper even after the expiry of the scheduled time and may cast his/her vote. (3) (i) The first polling officer shall underline the identity and the name and serial number of the voter in the marked copy of electoral roll and in case of a woman voter, having underlined as above, shall put a tick (S) mark on the left side of the name of the woman voter. The first Polling Officer shall obtain the signature/ thumb impression of the voter on the counterfoil of the ballot paper meant for the election of Mukhiya and Sarpanch and shall note the serial number of the electoral roll relating to the voter concerned on it. Thereafter he/she shall apply indelible ink on the left forefinger of the voter. Thereafter, he/she shall pass on the two ballot papers meant for election of the Mukhiya of Gram Panchayat and the Sarpanch of Gram Katchahry to the second Polling Officer for that voter; (ii) The second polling officer shall underline the identity and his/her name and serial number in the second marked copy of the electoral roll and in the case of a women voter having underlined as above shall put a tick (S) mark on the left side of the name of the woman voter. The second Polling Officer shall obtain the signature/thumb impression of the voter on the counterfoil of the ballot paper meant for election of the Member of Gram Panchayat and the Panch of Gram Katchahry and shall note the serial number of the electoral roll relating to the voter concerned on it. Thereafter he shall acquaint the voter with the procedure of casting his/her vote and hand over the two ballot papers relating to the election of Mukhiya of Gram Panchayat and Sarpanch of Gram Katchahry to the voter and pass on the two ballot papers for the purpose of election of Member of Gram Panchayat and Panch of Gram Katchahry to the third Polling Officer for that voter. The voter, after receiving the two ballot papers relating to Mukhiya and Sarpanch shall enter the first voting compartment and record his/her vote by affixing rubber stamp kept for this purpose against the printed name of the candidate or on his/her symbol. The voter shall fold the ballot papers and coming out of the voting compartment, insert them in the sealed ballot box. This ballot box shall be kept before the second Polling Officer; (iii) The third Polling Officer shall underline the identity and his/her name and serial number in the third marked copy of the electoral roll and in the case of a woman voter having underlined as above shall put a tick (/) mark on the left side of the name of the woman voter. The third polling Officer shall obtain the signature/ thumb impression of the voter on the counterfoil of the ballot paper meant for election of the Member of Panchayat Samiti and Member of Zila Parishad and shall note the serial number of the electoral roll relating to the voter on it. He/She will then acquaint the voter with the procedure of casting his/her vote and hand over the other two ballot papers relating to the Member of Gram Panchayat and Panch of Gram Katchahry to the fourth Polling Officer. Just after receiving both the ballot papers relating to election of the Member of Gram Panchayat and Panch of Gram Katchahry the voter shall enter into the second voting compartment and record his/her vote by affixing the rubber stamp kept for this purpose against the name or the election symbol of any candidate printed on the ballot-paper. The voter will fold the ballot papers and after coming out of the voting compartment, shall put them in the sealed ballot box. This ballot box shall be kept before the third Polling Officer; (iv) The fourth Polling Officer shall acquaint the voter with the procedure of casting his/her vote and hand over the ballot papers relating to the election of Member of Panchayat Samiti and Member of Zila Parishad to the voter. Just after obtaining those ballot papers the voter shall enter into the third voting compartment and cast his/her vote by affixing the rubber stamp kept for this purpose against the name or on the symbol of any candidate printed on the ballot paper meant for Member of Panchayat Samiti and Member of Zila Parishad respectively. The voter shall fold the ballot papers and after coming gut of the voting compartment put them in the sealed ballot box. This ballot box shall be kept before the fourth Polling Officer. After casting his/her vote, the voter shall go out of the polling station immediately. If he/she goes out of the polling station without casting all his votes, he/she shall not be allowed to cast his/her votes again. (v) Notwithstanding anything contained in sub-rule 3(i)(ii)(iii) and (iv) of Rule 62, if the State Election Commissioner is satisfied that practical and administrative difficulties may arise in conduct of election in accordance with the provisions of sub-rule (3)(i)(ii)(iii) and (iv), due to which the election process is likely to be affected, the State Election Commissioner may give such directions as he deems proper with respect to issue of ballot paper to the voters at the polling station, casting of votes, putting the ballot papers into the ballot boxes, the number of ballot boxes required at the polling station and the place where they are to be placed, distribution of election related work amongst the polling officers posted at each polling station, etc and such directions shall be binding to all and final. (4) If election is held for only a few posts, the number of Polling Officers may be reduced accordingly by the State Election Commission. (5) (i) Each voter about whose identity the Presiding Officer or the Polling Officer, as the case may be, is satisfied, shall allow the Presiding Officer or the Polling Officer to inspect his/her left forefinger and to mark it with indelible ink. (ii) If any voter refuses to allow the inspection of his/her left forefinger or mark it with indelible ink or if the left forefinger is already marked with such ink or if it is evident that he/she has attempted to remove such ink mark, he/she shall not be entitled to be supplied with any ballot paper or to record his vote at the election. (iii) The reference in this rule to the left forefinger of a voter shall, in the case where the elector has his left forefinger missing, be deemed to be a reference to any other finger of his/her left hand and, in the case where all the fingers of his/her left hand are missing, deemed to be a reference to any extremity of his/her left or right arm as he possesses. ### 63. Recording of votes of Blind / Infirm voters. - if owing to blindness/ other physical infirmity, a voter is unable to recognise the symbols on the ballot paper or is physically incapable to insert the ballot paper in the ballot box, he/she shall be permitted to take with him a companion not below the age of eighteen years to the voting compartment for recording the vote on the ballot paper on his/ her behalf and in accordance with his/her wishes and insert it into the ballot box: Provided that no person shall be permitted to act as the companion of more than one elector. The Presiding Officer shall keep a record of each such case in Form -15. ### 64. Spoilt and returned ballot papers and ballot paper found outside the ballot boxes. (1) The presiding officer shall mark "spoilt, cancelled" on the back of a ballot paper which has been inadvertently spoiled or rendered useless by the voter. (2) If an elector after obtaining a ballot paper decides not to use it, he/she shall return it to the Presiding Officer and the ballot paper so returned shall be marked "returned, cancelled" by the Presiding Officer. (3) Such ballot papers, relating to the elections of different posts, cancelled under sub-rule (1) or sub-rule (2) shall be kept in a separate packets. (4) If a voter does not put the ballot paper issued to him in the ballot box, and the ballot paper is found at the polling station or a place near by, the ballot paper shall be deemed to be returned to the presiding officer under sub-section (2) and action with regard to this shall be taken as indicated in sub-rule (2). ### 65. Tendered Vote. (1) If any person claims that he/she is the voter named in the electoral roll but somebody else has already cast the vote as such voter and the Presiding Officer being satisfied that person will be entitled to obtain a ballot paper and the ballot paper so given to him will be referred to as tendered ballot paper. (2) The tendered ballot paper will not be dropped in the ballot box but will be handed over to the Presiding Officer after being marked by the voter concerned who will place it in a separate packet. On the close of the poll the packet of all such tendered ballots will be sealed. (3) The list of tendered ballot papers will be prepared in Form -16 and voter tendering the ballot paper will put his signature or thumb impression against the entry relating to his/her tendered ballot paper in the list. ### 66. Sealing of ballot boxes, etc., after the close of the poll. (1) After the close of the poll the Presiding Officer will close the slit of the ballot box and seal the box in the presence of candidates or their Election Agent or Polling Agents who may be available there. He/She will also allow any candidate, election Agent or Polling Agent present there to put his/her seal on the box if he/she so desires. (2) If one ballot box gets full and necessitates the use of second ballot box, the first box will be sealed forthwith in the manner indicated in sub-rule - (1) ### 67. Account of Ballot Papers and Paper Seals. - After the close of the poll the Presiding Officer will prepare the ballot paper account in Form-17 and the paper seal account in Form-18 and place them in separate envelopes and super subscribe on the envelop, "Ballot Paper Account/Paper Seal Account.' ### 68. Other Packets to be sealed. (1) The Presiding Officer will prepare the following packets separately and seal them - (a) The marked copies of electoral roll; (b) Unused ballot papers; (c) Cancelled ballot papers; (d) The cover and list of tendered votes; (e) List of challenged votes; and (f) Other such papers for which the Returning Officer has directed to place them in sealed packet. (2) The Presiding Officer will allow the candidate, Election Agent or Polling Agent present there to put his/her seal on each such packet if he/she so likes. ### 69. Ballot-boxes, packets etc. to be sent to the Returning Officer. (1) The Presiding Officer will send to the Returning Officer - (a) Ballot-boxes (b) Ballot-paper and paper seal account; (c) Sealed packets specified in Rule 68; and (d) All other papers used in poll, and deposit them at the specified place. (2) The Returning Officer or the officer authorised will arrange for the custody of things noted in sub-rule(1) from the time of the commencement of the counting of votes to the end of it. After counting of votes, the election related documents shall be kept in safe custody under the provisions of Rule-84. ### 70. Adjournment of Poll during the period of poll. - Any polling station if at an election, some abnormal situation arises, the Presiding Officer may adjourn the poll and may recommence the polling when the situation returns to normal. The Presiding Officer shall note the details of such adjournment of poll in his diary. ### 71. Adjournment of Poll in Emergencies. (1) If at an election the proceedings at any polling station for the poll are interrupted or obstructed by any riot or open violence, or if at an election it is not possible to take the poll at any polling station on account of an natural calamity or destruction of election material or any other sufficient cause, the Presiding Officer for such polling station,shall announce an adjournment of the poll and where the poll is so adjourned, he/she shall forthwith report to the Returning Officer, stating the reason. (2) Whenever a poll is adjourned under sub-rule (1) the Returning Officer shall immediately report the circumstances to the Commission through the District Election Officer. (3) The Commission shall order the District Election Officer - (a) Appoint a day and time on which the poll shall recommence. (b) Cancel the previous poll and fix a date and time for a fresh poll on that polling station and issue directions for such poll. Chapter 10 Counting of Votes --------------------------------- ### 72. Selection of place for Counting of Votes. - The selection of place for counting of votes shall be made by the District Election Officer under the directions of the Commission. ### 73. Supervision of Counting of votes. - The counting of votes shall be done under the direction, supervision and control of the Commission. ### 74. Entry into the place fixed for Counting. (1) The Returning Officer or the Officer authorised by him shall remove from the place of counting all other persons except - (a) Such persons to whom he/she appoints to assist the counting; (b) Persons authorised by the Commission or District Election Officer; (c) Public servants on duty in connection with the election; and (d) The candidate, Election Agent and Counting Agent. (2) Before opening the ballot box on the table of counting, the Counting Agents present there shall be allowed to inspect the ballot boxes and their seals for satisfying themselves that they are not tampered. (3) If the Returning Officer or the Officer authorised by him/her is satisfied that a ballot box has been tampered with, he/she shall adopt the following procedure with regard to that ballot box- (a) The ballot papers contained in that ballot box shall not be counted; (b) A report in connection with the clause (a) above shall be sent to the Commission immediately through the District Election Officer. (4) On receiving information under sub-rule 3(b) and taking into consideration the material circumstances the Commission shall give necessary direction to the District Election Officer. The District Election Officer shall take further action according to the direction of the Commission. ### 75. Scrutiny of the ballot papers and their rejection. (1) At any ballot paper contained in the ballot box shall be rejected on the following grounds, if - (a) it bears any mark or writing by which the elector can be identified; or (b) the ballot paper is fictitious; or (c) it has been so damaged or mutilated that its identity cannot be established; or (d) it does not bear the distinguishing mark or the signature of the Presiding Officer; or (e) no vote is recorded on the ballot paper; or (f) voting marks have been put in the column of more than one candidate; or (g) the mark on the ballot paper has been made by an instrument other than the prescribed one; or (h) the ballot papers are not printed in accordance with the name of the candidate or candidates, serial number & symbol alloted to a candidate as recorded in Form 9; or (i) other grounds prescribed by a general or special direction of the Commission: Provided that, where the Returning Officer or the Officer authorised by him/ her is satisfied that any such defect mentioned in clause (d) has been caused by any mistake or failure on the part of a Presiding Officer or the Polling Officer, he may direct that the ballot papers shall not be rejected merely on the ground of such defect under clause (d): Provided further that, if the mark made by the voter extends to two columns of the ballot paper, the same will be counted in favour of the candidate in whose column the major part of such mark falls. (2) The Returning Officer or the Officer authorised by him shall, before rejecting the ballot-paper under sub-rule (1), give reasonable opportunity to each Counting Agent present to inspect the ballot paper there, but shall not allow him to handle any ballot paper. (3) The Returning Officer or the Officer authorised by him/her shall endorse the word "rejected" on the ballot paper so rejected and record the grounds of rejection either by hand or by a rubber stamp. (4) The rejected ballot papers shall be bundled together. ### 76. Counting of votes. (1) Except the 'rejected' votes, each ballot paper shall be counted. (2) On completion of the counting of votes the Returning Officer or the Officer authorised by him shall record the result of counting candidate wise in Form -19 in case of Member of Gram Panchayat/Panch of Gram Katchahry and in Form - 20 in the case of Mukhiya/Sarpanch/Member of Panchayat Samiti/Member of Zila Parishad. (3) Thereafter, the valid votes will be sealed in a separate packet be bundled together along with the rejected votes and the following particulars to be recorded on that, viz.- (a) the name of the Gram Panchayat and the number of the territorial constituency concerned in case of the election of Member of the Gram Panchayat/Panch of Gram Katchahry, the name and number of the Gram Panchayat in case of the election of Mukhiya/Sarpanch and the name of the Panchayat Samiti/Zila Parishad and number of the concerned territorial constituency in case of the election of Member of Panchayat Samiti/Zila Parishad, (b) the name and serial number of the polling station to which the ballot papers belong; and (c) the date of counting. ### 77. Counting of votes. - As far as possible, the counting of votes will be continuous. If counting has to be suspended, the ballot-papers and other papers will be kept in safety and duly sealed. The candidate or the Election Agent or the Counting Agent present may affix his/her seal, if he/she so desires. ### 78. Counting of votes of the poll of the countermanded /adjourned election. (1) With regard to the poll countermanded under Rule 50 and adjourned under Rule 71, the District Election Officer shall, after the election shall appoint a date, time and place for the counting of votes and intimate the same to the candidate and his/her Election Agent. (2) The result of such counting shall be recorded in the form as prescribed in sub-rule (2) of Rule 76. ### 79. Recounting of votes. - The candidate or in his/her absence his/her election agent or counting agent may make a written application to the Returning Officer or the Officer authorised by him/her for recounting of votes stating therein the grounds for the same. (2) The Returning Officer or the Officer authorised by him/her may, fully or partially, accept or reject the application stating the reasons for the same. (3) If the Returning Officer or the Officer authorised by him/her accepts fully or partially the application under sub-rule (2), he/she shall get the ballot papers recounted and amend the result of the counting in the form prescribed in sub-rule (2) of Rule 76 and declare the result. (4) After that, any application for further re-counting shall not be entertained. ### 80. Equality of votes. - If after the completion of the counting of votes two or more candidates secure equal number of votes which may be the maximum, the Returning Officer shall draw a lot among such candidates and the candidate in whose favour the lot is drawn, shall deemed to be that he/she has secured an additional vote and the Returning Officer will declare the result of the counting of votes accordingly. ### 81. Declaration of results. (1) After recording the particulars of the election result in Form-21, the Returning Officer or the Officer authorised shall declare that candidate elected as Member of Gram Panchayat/ Panch of Gram Katchahry/Mukhiya/Sarpanch/Member of Panchayat Samiti/Member of Zila Parishad, as the case may be, who has secured the largest number of valid votes and shall certify it in the same Form. (2) One copy each duly signed of Form-21 shall be sent to the District Election Officer and through him/her to the Commission and the Director of Panchayat Raj. ### 82. Election Certificate. - After the declaration of the election result, the Returning Officer shall grant a Election Certificate in Form-22 to the candidate so elected. ### 83. Publication of the election result. - The District Election Officer shall cause to be published in the District Gazette the list of duly elected candidates in Form-23 and send a copy of the same to the Commission and Director of Panchayat Raj. Chapter 11 Records of Election ----------------------------------- ### 84. Custody of the records relating to election. - The District Election Officer shall keep the packets specified in Rules 67, 68 and 76(3) in his safe custody as prescribed by the Commission. ### 85. Submission and inspection of the records relating to election. - The submission and inspection of the records relating to the election kept in safe custody shall be allowed only by the order of the Court/Authority prescribed in the [Act] [The word 'Ordinance' has been Substituted by Rule 6 of the Amdt. Rules 2007 as 'Act'. Published in Bihar Gazette (Extra-ordinary) dated 4.12.2007.] . ### 86. Destruction of the records relating to election. - The election records specified in Rule 84 shall be kept in safe custody for a period of one year or till the pendency of any legal proceeding and to be destroyed thereafter subject to any contrary direction issued by the Commission or a competent Court or Authority. Chapter 12 Election of Up-Mukhiya, Up-Sarpanch Up-Pramukh, Pramukh, Upadhyaksha and Adhyaksha -------------------------------------------------------------------------------------------------- ### 87. Meeting for the election. (1) Subject to the supervision, direction and control of the State Election Commission, the date, time and place for the meeting of Gram Panchayat and Gram Katchahry/Panchayat Samiti/Zila Parishad for the election of Up-Mukhiya and Up-Sarpanch, Pramukh, Up-Pramukh, Adhyaksha and Upadhyaksha under Sections 15, 93, 40 and 67 of the Act respectively shall be fixed by the Block Development Officer, Sub-Divisional Magistrate and the District Magistrate, as the case may be and notice of the meeting shall be given to all the members concerned in Form-24; Provided that, if more than twenty five percent seats of total number of territorial constituencies constituted in Panchayat Samiti or Zila Parishad are vacant, the meeting for election of Pramukh/Up-Pramukh or Adhyaksha/Up-Adhayaksha of the Panchayat Samiti or Zila Parishad shall be fixed only after the completion of election for the vacant posts under the provisions of the [Act] [The word 'Ordinance' has been Substituted by Rule 6 of the Amdt. Rules 2007 as 'Act'. Published in Bihar Gazette (Extra-ordinary) dated 4.12.2007.] . [Provided also that in case the total number of vacant seats exceeds 25 per cent of the total number of seats of the territorial constituencies constituted under any Gram Panchayat/Gram Kutchhari, the date of meeting for election of Up-Mukhia/Up-Sarpanch of the said Gram Panchayat/Gram Kutchhari shall be fixed only after conducting the election for filling up the vacant posts as per the provision under the Act.] [Second proviso inserted by Rule 3 of Amdt. Rules, 2007 vide Notification No. 5595, dated 29.11.2007, Published in Bihar Gazette (Extra-ordinary) dated 4.12.2007.] (2) In the meeting called under sub-rule (1), first of all, the elected members of Gram Katchahry, Gram Panchayat, Panchayat Samiti and Zila Parishad shall be administered the oath/affirmation in the manner prescribed in Rule, 126. ### 88. To preside the Meeting. - The meeting of Panchayat Samiti shall be presided over by the Sub-divisional Magistrate and that of Zila Parishad by the District Magistrate. The Block Development Officer shall preside over the meeting of Gram Panchayat/Gram Katchahry. ### 89. Filing of Nomination Paper. - Each candidate shall file his/her nomination paper in Form-25. As the case may be, the proposer and seconder of a candidate should be a member of the Gram Panchayat/Gram Katchahry/ Panchayat Samiti/Zila Parishad. One member shall be a proposer or seconder of only one candidate. ### 90. Scrutiny of the nomination paper. (1) The Presiding Officer shall scrutinise the nomination paper. (2) The Presiding Officer shall read out - (a) the name of the candidate whose nomination paper has been found to be invalid stating the grounds thereof; and (b) the name of the candidate whose nomination paper has been found to be valid. ### 91. Preparation of the list of valid candidates. - The Presiding Officer shall prepare the list of validly nominated candidates in alphabetical order of Devanagari script and announce the same. ### 92. Uncontested election. - If there be only one validly nominated candidate against the post, the Presiding Officer shall declare such candidate as duly elected. ### 93. Contested election. - If more than one candidate is validly nominated, the Presiding Officer shall call on the members present in the meeting to vote by secret ballot and shall determine the procedure with respect to the same. ### 94. Ballot - paper.-The ballot paper shall be in Form-26. The ballot paper shall be signed by the Presiding Officer. ### 95. Procedure of Poll. (1) Each member shall be given a ballot paper separately on which he/she shall mark his/her vote by putting secretly a cross (x) mark against the name of a candidate. (2) All such ballot-papers shall be collected in accordance with the secret procedure prescribed by the Presiding Officer. ### 96. Invalid Votes. - A ballot paper shall be treated as invalid if:- (a) it bears the signature of a member or there is any such visible word which may lead to the identification of the voter; or (b) the cross (x) mark has been made against the name of more than one candidate; or (c) the mark has been made in such a manner that it can not be ascertained as to which candidate the vote has been cast; or (d) no cross mark has been made on it; or (e) it does not bear the signature of the Presiding Officer. ### 97. Counting of votes. (1) The Presiding Officer shall count the ballot papers in presence of the members present at the meeting. (2) After completion of counting of valid votes, the result shall be prepared by the Presiding Officer in Form-27, and the candidate getting maximum number of votes shall be declared as elected. ### 98. Equality of votes. - If after completion of counting of votes two or more candidates are found to have secured equal number of votes, which are highest, the Presiding Officer shall draw a lot between such candidates, and the candidate in whose favour the lot is drawn shall deemed to be having secured an additional vote and the Presiding Officer shall declare the result accordingly. ### 99. Issuance of Certificate. - The Presiding Officer shall grant a certificate in Form-22 to the candidate elected. ### 100. Preparation of the record of the proceedings of the meeting. - The Presiding Officer shall prepare a record of the proceedings of the meeting and obtaining the signatures of the members present therein, sign the same. ### 101. Publication of the list of elected persons. - The Presiding Officer shall publish the duly signed list of the elected candidates in the offices of Gram Panchayat/Block/Zila Parishad, as the case may be. ### 102. Packets of valid/invalid votes. - The Presiding Officer shall make separate packets of valid and invalid votes, seal each packet and put a note on it stating the particulars of the content of the packet, the election concerned and date of such election. ### 103. Submission and inspection of the election related records. - The submission and inspection of election records kept in safe custody shall be made only by the order of a Court/Authority prescribed in the [Act] [The word 'Ordinance' has been Substituted by Rule 6 of the Amdt. Rules 2007 as 'Act'. Published in Bihar Gazette (Extra-ordinary) dated 4.12.2007.] . ### 104. Custody and destruction of election records. (1) The District Election Officer shall keep the packets referred to in Rule 103 in his/her safe custody. (2) The election records shall be kept in custody fora period of one year or till the pendency of any legal proceeding and thereafter to be destroyed, subject to any contrary direction of the Commission or any competent Court or Authority. Chapter 13 Miscellaneous ----------------------------- ### 105. Notification of Election. - For the purpose of constituting the Panchayats and the Gram Katchahry, the Governor, on the recommendation of the State Election Commission, shall fix date or dates through notification published in the State Gazette and it shall be expected that the electors may elect the office bearers of the Panchayats and the Gram Katchahry in accordance with the provisions of the [Act] [The word 'Ordinance' has been Substituted by Rule 6 of the Amdt. Rules 2007 as 'Act'. Published in Bihar Gazette (Extra-ordinary) dated 4.12.2007.] and the Rules made thereunder: Provided that no such notification shall be issued beyond six months prior to the date fixed for election. ### 106. Election petition. (1) An election petition against any elected candidate may be filed under section 137 of the [Act] [The word as 'Ordinance' has been Substituted by Rule 6 of the Amdt. Rules 2007 as 'Act'. Published in Bihar Gazette (Extra-ordinary) dated 4.12.2007.] before the prescribed Court of Law within thirty days from the date of declaration of the election results. (2) the following may be joined as respondents by the petitioner to his/her election petition - (a) Where the petitioner, claims to declare the election of all or any of the returned candidate as void in addition to his/her claim for any other candidate to be legally elected, in such a case all the contesting candidates other than the petitioner; and where no such additional claim has been made, all the candidates, and, (b) Any other candidate against whom allegation of any corrupt practices is made in the petition. ### 107. Court fee. (1) The Court fee payable with election petition with regard to a post of Gram Panchayat/Gram Katchahry shall be Rupees two thousand five hundred. (2) The Court fee payable with election petition with regard to a post of Panchayat Samiti/Zila Parishad shall be Rupees five thousand. ### 108. Verification of contents of election petition. - An election petition shall contain a such statement of the material facts and details on which the petitioner relies. It shall be signed by the petitioner and verified in the manner prescribed under Order, 6 of the Civil Procedure Code, 1908 for the verification of pleadings. ### 109. Hearing of election petition. - The competent Court of Law shall hear the election petition in the manner prescribed by the Civil Procedure Code, 1908. ### 110. Withdrawal of election petition. - The election petition cannot be withdrawn without the order of the Court: Provided that, if there are more than one plaintiff in the election petition, then the election petition can not be withdrawn without unanimous consent. ### 111. Application of the provisions of the Indian Evidence Act in the hearing of an election petition. - In the hearing of an election petition , the Indian Evidence Act, 1872 shall apply. ### 112. Order on election petition. (1) If, after hearing the Court of Law/ the prescribed Authority decides that the elected person is guilty of misconduct under the provisions of Section 139 or 141 of the [Act] [The word as 'Ordinance' has been Substituted by Rule 6 of the Amdt. Rules 2007 as 'Act'. Published in Bihar Gazette (Extra-ordinary) dated 4.12.2007.] , it may declare the election of such elected candidate as void and order for re-election. (2) The Court of Law/prescribed Authority under the provisions of Section 140 of the Act may declare another candidate as elected. ### 113. Copy of the order on election petition to be made available. - The copy of the order passed on the election petition by the Court/Prescribed Authority will be made available to the District Election Officer and the Commission. [113(a) . Information or Certified Copy of documents for filing election petitions to be made available within time frame. [Inserted by Rule 3 of Amdt. Rules, 2007 vide Notification No. 5595, dated 29.11.2007, Published in Bihar Gazette (Extra-ordinary) dated 4.12.2007.] - (1) If a person files application in the prescribed manner for obtaining a copy of the election result or any other information or paper related to the election for the purpose of filing an election petition or for other purposes, it shall be incumbent on the part of the Returning Officer to make available the required information/papers to the applicant within a maximum period of five days from the day of filing of such an application. If the applicant does not turn up to receive the information or the certified copy on the fixed date, the matter will be reported to the District Election Officer (Panchayat) on the same day. (2) If the concerned Returning Officer fails to furnish the required information or to handover the certified copy without any reasonable cause within the prescribed period or denied and/or obstructed the request for information with mala fide intent in any manner, the State Election Commission, on receiving a complaint in this regard and after giving any oral or written direction to submit an explanation for the failure to do so, may impose a fine of rupees five hundred per day for delay, till the period the requisite information or the certified copy of the same is made available to the applicant. The fine shall be realized from the personal salary or emoluments of the concerned Returning Officer in the manner as specified by the State Election Commission: Provided that the concerned Returning Officer shall be given a reasonable opportunity of being heard by the State Election Commission before any penalty is imposed on him: Provided further that the "burden of proof" that he acted reasonably and diligently shall be on the concerned Returning Officer. (3) Where the State Election Commission at the time of deciding is of the opinion that the Returning Officer, without any reasonable cause, failed to furnish the information or the certified copy of the same within the specified time or denied the request with mala fide intent, the State Election Commission shall also recommend for disciplinary action against the Returning Officer under the service rules applicable to him."] ### 114. Acquisition and release of vehicle/premise for election. (1) The District Election Officer may, for the purpose of election, acquire any vehicle or premise by a written order: Provided that the vehicles admissible to the candidate or his agent, the number of which has been decided by the Commission, shall not be acquired. (2) If any premise/vehicle acquired under sub-rule (1) is exempted from acquisition, its possession shall be made over to the person from whom the premise/vehicle had been acquired or to the person authorised by him. ### 115. Payment of compensation. - A compensation for the premise or vehicle acquired under [Rule 114] [Inserted by Rule 5 of Amdt. Rules, 2007 vide Notification No. 5595, dated 29.11.2007, Published in Bihar Gazette (Extra-ordinary) dated 4.12.2007.] by the District Election Officer shall be made at a rate prescribed by the Government. ### 116. Power of the Commission to issue necessary instruction. - The Commission may, subject to the provisions of the Rules, issue necessary instructions. ### 117. Decision of disqualification. - The State Election Commission shall be the competent authority to decide any question of disqualification mentioned in sub-section (1) of Section 136 of the [Act] [The word 'Ordinance' has been Substituted by Rule 6 of the Amdt. Rules 2007 as 'Act'. Published in Bihar Gazette (Extra-ordinary) dated 4.12.2007.] . The matter of disqualification of a person shall be brought before the Commission by any person or officer in a form of an application, complain or notice. The State Election Commission itself may take such cognizance suo-motu. After giving reasonable opportunity of hearing to the parties concerned, the State Election Commission shall make a decision at the earliest. ### 118. Accounts of election expenditure and its limit. (1) Every candidate of Panchayat/Gram Katchahry, shall, either by himself or by his/her election agent, keep a separate and correct account of all expenditures in connection with the election incurred or authorised by him/her or his/her election agent between the date on which he/she has been nominated and the date of declaration of results, both dates inclusive. (2) No expense shall be incurred or authorised by the candidate or his election agent on account of or in respect of the conduct and management of an election in any Panchayat/Gram Katchahry in excess of the following amount -Rupees ten thousand in case of Member of Gram Panchayat/Panch, Rupees twenty thousand in case of Member of Panchayat Samiti, rupees twenty five thousand in case of Gram Panchayat Mukhiya and Sarpanch and Rupees fifty thousands case of Member of Zila Parishad. ### 119. Return of election expenses. (1) The return of election expenses shall be lodged in Form-29 with the Returning Officer within fifteen days from the date of publication of the result of election in the district Gazette under Rule 120. It shall be accompanied by a declaration/affidavit by the candidate in Form-30. (2) On receipt of details of election expenditure, the Returning Officer shall mention the date of receipt there upon and also certify that in his opinion the details have been submitted within the time limit in the manner prescribed by the Rules. ### 120. Publication of the details of election expenses. - Within a period of seven days from receipt of the details of election expenses, the Returning Officer shall publish a notice specifying the date of receipt of such details and the place and time where inspection of such details may be made.This notice shall be published in the state/district Gazette and to be available for inspection on a payment of a fee of rupees ten. Such information shall also be displayed at the notice board of the Returning Officer. ### 121. Casual vacancy in the Panchayats. - If a post of an office bearer of the Panchayat falls vacant or is declared vacant, the District Election Officer shall intimate the Commission. The Commission shall take steps to fill up the vacancy under the provisions of the [Act] [The word 'Ordinance' has been Subs, by Rule 6 of the Amdt. Rules 2007 as 'Act'. Published in Bihar Gazette (Extra-ordinary) dated 4.12.2007.] and the Rules. ### 122. Administration of oath. (1) The District Election Officer (Panchayat) shall fix a programme for administration of oath/affirmation under the supervision, direction and control of the Commission. (2) The oath/affirmation to a Member of Gram Panchayat, Panch of Gram Katchahry, Mukhiya and Sarpanch shall be administered by an officer authorised by the District Election Officer (Panchayat) before the first meeting of the Gram Panchayat/Gram Katchahry. (3) The oath/affirmation to Up-mukhiya and Up-Sarpanch shall be administered by the Mukhiya and Sarpanch respectively in the first meeting specified in sub-rule(2). Provided that, in the absence of Mukhia/Sarpanch, such oath/affirmation shall be administered by the Block Development Officer or by an officer authorised by the District Election Officer. (4) The oath/affirmation to a Member of Panchayat Samiti, Pramukh and Up-pramukh shall be administered by an officer not below the rank of Sub-Divisional Officer, authorised by the District Election Officer, and to a Member of Zila Parishad, Adhyaksha and Upadhyaksha by the District Magistrate. (5) The oath/affirmatiOn shall be administered in Form-28. (6) The list of office bearers administered oath/affirmation shall be maintained in the office of the District Election Officer. Form -1 [See Rule 8(1) , 8(4)] List of constituencies/territorial constituency \| \| \| \| --- \| --- \| \| \| District \| \| \| Block \| \| \Gram Panchayat - \| \Constituency \| \| \Panchayat Samiti - \| (\Mukhiva/\Sarpanch/\Pramukh/\Adhavaksh) \| \| \Zila Parishad - \| \Territorial Constituency \| \| \| (Member) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Sl. No. \| No. and name of Constituency/ Territorial Constituency \| Population \| \Extent of constituency/ Territorial Constituency \| \| 1 \| 2 \| 3 \| 4 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| \| Place:Date : \| Signature of District Magistrate \| \* Strike off whichever is not applicable. Note : In column 4:- (1) Name of Gram Panchayat, Panchayat Samiti and Zila Parishad will be filled for extent of Gram Panchayat/ Gram Katchahry, Panchayt Samiti and Zila Parishad constituency respectively. (2) Name of the tola/any distinct mark (showing natural, artificial or other objects) will be filled for the extent of territorial constituency of Gram Panchayat/Gram Katchahry. (3) Name of the Gram Panchayat for the extent of territorial constituency of the Panchayat Samiti or if the territorial constituency of the Panchayat Samiti has been constituted by dividing the Gram Panchayat, the distinct mark (showing natural, artificial or other objects) shall be filled for the divided Gram Panchayat. (4) Name of the Panchayat Samiti for territorial constituency of Zila Parishad or if territorial electoral constituency of Zila Parishad has been constituted by dividing the Panchayat Samiti, the distinct mark (showing natural, artificial or other objects) will be filled for the divided Panchayat Samiti. Panchayat Election Panchayat Election Form-2 [See Rule-15] Reservation category wise population and constituency allotment register Zila Parishad.....................Panchayat Samiti....................Gram Panchayat................................ Part-one Category wise population and category wise admissible post \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Rural population of \| \State\Zila Parishad\Panchayat Samiti\Gram Panchayat \| For \| \Adhyaksha/Member of Zila Parishad\Pramukh/Member of Panchayat Samiti\Mukhia of Gram Panchayat/ Sarpanch of Gram Katchahry\Member of Gram Panchayat/Panch of Gram Katchahry \| \| Scheduled Castes \| Scheduled Tribe \| Backward classes \| others \| Total \| Total post \| Total post for Scheduled Castes \| Total post for Scheduled Tribes \| Total post for Backward Classes \| Total post for others \| \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| 10 \| \| \| \| \| \| \| \| \| \| \| \| \| \| Part-two Categorywise population of constituency \| \| \| \| \| --- \| --- \| --- \| \| Sl. No. \| No. of \Constituency/ \Territorial Constituency/ Name. \| Population of \constituency/ \Territorial constituency \| \| Scheduled Castes \| Scheduled Tribes \| Backward classes \| others \| Total \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| \| \Strike off whichever is not applicable. Part-Three Categorywise population of constituency : In descending order \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sl. No. \| Population of Scheduled Castes in descending \| No. of \constituency/ \Territorial constituency \| Population of Scheduled Tribes in descending order \| No. of \constituency/ \Territorial constituency \| Population of other Backward classes in descending order \| No. of \constituency/ \Territorial constituency \| Population of in descending order \| No. of \constituency/ \Territorial constituency \| \| I \| II \| III \| IV \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| \| \| Part-four Details of reserved/ unreserved electoral constituency \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sl. No \| No. of \constituency/ \Territorial electoral constituency \| Scheduled Castes \| Scheduled Tribes \| Backward classes \| Others \| \| Women \| Others \| Women \| Others \| Women \| Others \| Women \| Others \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| 10 \| \| \| \ Strike off whichever is not applicable. Form - 3 [See Rule 16, 17] List of reserved constituencies/Territorial Constituencies \| \| \| \| \| --- \| --- \| --- \| \| District ........... \| \Gram Panchayat................... \| \Constituency \| \| \| \Panchayat Samiti............... \| (\Mukhiva/\Sarpanch/\Pramukh/\Adhayaksh) \| \| Block ............... \| \Zila Parishad............ \| \Territorial Constituency (\Member) \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Sl. No. \| No./ name of constituency/ Territorial Constituency \| Category for which reserved/ unreserved \| For women reserved/ unreserved \| \| 1 \| 2 \| 3 \| 4 \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \* Strike off whichever is not applicable. District Magistrate .........................Signature Officer authorised by Commission. Note-(1) If constituency comes under reserved category, mention the name of reserved category in column 3, viz; Scheduled Castes, Scheduled Tribes, Backward Classes. If constituency comes under unreserved category, mention "unreserved" (2) If constituency is reserved for women, mention the word "Women" in column 4. If constituency is not reserved for women, mention the word "others" Panchayat Election. Year.................. Form - 4 [See Rule 21] Voter List District............... Block.................... Gram Panchayat.................... Gram Panchayat Territorial Constituency No. \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sl. No. \| Sl. No. of Assembly Electoral Roll \| House No. \| Name of voter \| Name of Father/ Mother/ Husband \| Male/ Female \| Age \| Voter Identity Card No. \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| Panchayat Election Form - 5 [See Rule 36] Office of the District Election Officer............... Notice of Election In pursuance of the powers conferred under Rule 36 of the Bihar Panchayat Election Rules, 2006, I.................. District Election Officer, district........................ hereby give the following information regarding election of Members of Gram Panchayat/Panches of Gram Katchahry Mukhiya of Gram Panchayat/Sarpanch of Gram Katchahry/Member of Panchayat Samiti/Zila Parishad as specified in column (2) of the annexed schedule - (a) The officer specified in column (7) against the constituency specified in coloumn (4) of the Schedule will be the Returning Officer for the conduct of election to Panches/Members/Mukhiya/Sarpanch of Gram Panchayat/Gram Katchahry/Panchayat Samiti/Zila Parishad (b) The place, date and time specified in column (8) against the constituency will be the place, duration and time of filing nomination. (c) The place, date and time specified in column (9) against the constituency will be the place date and time of scrutiny of nomination paper. (d) The place, date and time specified in column (10) against the contituency will be the place, date and time of the withdrawal of nomination paper. (e) The date and time specified in column (11) against the constituency will be the date and time of poll. (f) The date and time specified in column (12) against the constituency will be the date and time of counting. (g) The place specified in column (13) against the constituency will be place of the counting of votes. \| \| \| \| --- \| --- \| \| Place: ......................Date : ...................... \| District Election Officer \| \* Strike off whichever is not applicable. Note - If due to any unavoidable reasons counting could not be possible on the date and time mentioned in column (12) and place mentioned in column (13), then revised programme of counting will be fixed separately. Schedule ---------- \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sl. No. \| \Name ofGram Panchayat\Gram Katchahry\PanchayatSamiti \Zila Parishad \| Post \| No. & Name of the constituency \| Reserved/ Un-reserved \| Reserved for women/ others. \| Name & designation of the Returning Officer \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Place, duration (date) and time of filing nomination paper \| Place, date and time of scrutiny of nomination paper \| Place, date and time of withdrawal of nomination paper \| The date and time during which poll will be taken \| Date and time of counting of votes \| Place of counting of Votes. \| \| 8 \| 9 \| 10 \| 11 \| 12 \| 13 \| \| \| \| \| \| \| --- \| --- \| \| Place: ......................Date : ...................... \| District Election OfficerDistrict........................... \| \* Strike off whichever is not applicable. Note - (1) If the constituency comes under reserved category, then mention the name of reserved category in cloumn 5, viz; Scheduled Castes, Scheduled Tribes, Backward Classes. If the constituency comes under unreserved category, then mention "unreserved" (2) If the constituency is reserved for women, then mention the word "Women" in column 6. If constituency is not reserved for women, then mention the word 'others'. (3) Duration (date) in column 8 will be from the first day of filing nomination to that last day which will be the seventh day from the next day of publication of notice of election which will not be a public holiday, viz, Tuesday (date) to Tuesday (date) Panchayat Election Form-6 (See Rule 38(2) , 39(1)] Nomination Paper \| \| \| \| --- \| --- \| \| District............................ \| Block.......................................... \| \| Election for - \| \| \| \* Member ofGram Panchayat..................... \| from territorial constituency no. ............. \| \| \* Panch ofGram Katchahry......................... \| from territorial constituency no. ............. \| \| \* Mukhiya of Gram Panchayat....................... \| from constituency no. ............................ \| \| \* Sarpanch ofGram Katchahry.................... \| from constituency no. ............................ \| \| \* Member ofPanchayat Samiti.................... \| from territorial constituency no. ............. \| \| \* Member ofZila Parishad........................... \| from territorial constituency no. ............. \| I nominate the following as a candidate of the above post in the above constituency. Name of Candidate - Name of Father/Mother/Husband - Postal Address - Block - District - who is listed on SI. No..........................of voter list of.....................territorial constituency of.................................Gram Panchayat. My name is entered on SI. No.....................................of the voter list of territorial constituency no.....................of Gram Panchayat...............................Block..........................................................District.................................................. \| \| \| \| --- \| --- \| \| Place:Date : \| Signature/Thumb impression of the Proposer \| \* Strike off which ever is not applicable. I, above nominated candidate assent to this nomination and hereby declare that - (a) I have completed the age of.................years. (b) My name and name of my Father/Mother/Husband are written correctly in Hindi in Devnagari Script. (c) To my best of knowledge and belief I am qualified for the above election and otherwise not disqualified. (d) I belong to Scheduled Castes/Scheduled Tribes/Backward Classes. The Caste certificate issued by a competent officer is annexed with it. \| \| \| \| --- \| --- \| \| Place:Date : \| Signature/Thumb impression of Candidate \| (To be filled by Returning Officer) SI. No. of nomination paper...................... The candidate himself handed over this nomination paper to me in my office on date.....................at.................... (time) \| \| \| \| --- \| --- \| \| Date : .................... \| Returning Officer \| Decision of the Returning Officer who accepts or rejects the nomination paper. I have verified this nomination paper in accordance with Rule 41 of the Bihar Panchayat Election Rules, 2006 and decide as following \| \| \| \| --- \| --- \| \| Place ...................Date .................... \| Returning Officer \| Receipt for nomination paper and notice of scrutiny (To be given to the candidate presenting nomination paper) Sl. No. of the nomination paper.............................................. Mr./Miss./Mrs.......................................................... who is a candidate for...................................has presented his nomination paper to me on date .................at (time) . The scrutiny of all nomination papers will be done on ...................................... (date) at ..................(hour)......at the place............................. \| \| \| \| --- \| --- \| \| Place ...................Date .................... \| Returning Officer \| \* Write the number, name and post of the concerned constituency as mentioned by the proposer on upper portion of this form. Panchayat Election Form-7 See Rule 41 (6) List of validly nominated candidates \| \| \| \| --- \| --- \| \| District............................ \| Block.......................................... \| \| Election for - \| \| \| \* Member ofGram Panchayat..................... \| from territorial constituency no. ............. \| \| \* Panch ofGram Katchahry......................... \| from territorial constituency no. ............. \| \| \* Mukhiya of Gram Panchayat....................... \| from constituency no. ............................ \| \| \* Sarpanch ofGram Katchahry.................... \| from constituency no. ............................ \| \| \* Member ofPanchayat Samiti.................... \| from territorial constituency no. ............. \| \| \* Member ofZila Parishad........................... \| from territorial constituency no. ............. \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Sl. No. \| Name of candidate \| Name of Father/Mother/Husband \| Address of Candidate \| \| 1 \| 2 \| 3 \| 4 \| \| \| \| \| \| \| \| \| \| --- \| --- \| \| Place ...................Date .................... \| Returning Officer \| \* Strike off which ever is not applicable. Panchayat Election Form-8 [See Rule 42] Notice of withdrawal of nomination \| \| \| \| --- \| --- \| \| Election for - \| \| \| \* Member ofGram Panchayat..................... \| from territorial constituency no. ............. \| \| \* Panch ofGram Katchahry......................... \| from territorial constituency no. ............. \| \| \* Mukhiya of Gram Panchayat....................... \| from constituency no. ............................ \| \| \* Sarpanch ofGram Katchahry.................... \| from constituency no. ............................ \| \| \* Member ofPanchayat Samiti.................... \| from territorial constituency no. ............. \| \| \* Member ofZila Parishad........................... \| from territorial constituency no. ............. \| Returning Officer, I.................................son/daughter/wife of.......................a validly nominated candidate of above election, hereby inform that I withdraw my nomination. \| \| \| \| --- \| --- \| \| Place ...................Date .................... \| Signature/Thumb impression of valid nominated candidate \| This information was given to me in my office on........................(date) at..........(time) by the candidate/proposer of the candidate/election agent of the candidate. \| \| \| \| --- \| --- \| \| Date .................... \| Returning Officer \| \* Strike of whichever is not applicable. Receipt for notice of withdrawal (To be given to the person who gives notice) Mr./Miss/Mrs....................................................... who is a validly nominated candidate for election of \\....................................has informed me in my office at ...................(time) on ....................(date) of withdrawal of nomination by the candidate/ proposer of the candidate/election agent of the candidate. \| \| \| \| --- \| --- \| \| Date .................... \| Returning Officer \| \\ Write the number, name and post of the concerned constituency as mentioned by the proposer on upper portion of this form. Panchayat Election Form - 9 [See Rule 43(1) ] List of contesting candidates \| \| \| \| --- \| --- \| \| District............................ \| Block.......................................... \| \| Election for - \| \| \| \* Member ofGram Panchayat..................... \| from territorial constituency no. ............. \| \| \* Panch ofGram Katchahry......................... \| from territorial constituency no. ............. \| \| \* Mukhiya of Gram Panchayat....................... \| from constituency no. ............................ \| \| \* Sarpanch ofGram Katchahry.................... \| from constituency no. ............................ \| \| \* Member ofPanchayat Samiti.................... \| from territorial constituency no. ............. \| \| \* Member ofZila Parishad........................... \| from territorial constituency no. ............. \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| Sl. No. \| Name of candidate \| Address of Candidate \| Allotted Symbol \| \| 1 \| 2 \| 3 \| 4 \| \| \| \| \| \| \| \| \| \| --- \| --- \| \| Place ...................Date .................... \| Returning Officer \| \* Strike off whichever is not applicable. Panchayat Election Form-10 See Rule 45(1) Appointment of Election Agent \| \| \| \| --- \| --- \| \| District............................ \| Block.......................................... \| \| Election for - \| \| \| \* Member ofGram Panchayat..................... \| from territorial constituency no. ............. \| \| \* Panch ofGram Katchahry......................... \| from territorial constituency no. ............. \| \| \* Mukhiya of Gram Panchayat....................... \| from constituency no. ............................ \| \| \* Sarpanch ofGram Katchahry.................... \| from constituency no. ............................ \| \| \* Member ofPanchayat Samiti.................... \| from territorial constituency no. ............. \| \| \* Member ofZila Parishad........................... \| from territorial constituency no. ............. \| I (name of the candidate)........................ am a candidate in the above election and hereby appoint Sri ....................... (name and address of the agent) as my election agent from today. \| \| \| \| --- \| --- \| \| Place :Date : \| Signature/Thumb impression of Candidate \| I accept the above appointment. \| \| \| \| --- \| --- \| \| Place :Date : \| Signature/Thumb impression of election agent \| Approved \| \| \| \| --- \| --- \| \| Place...................Date................... \| Returning Officer \| \* Strike off whichever is not applicable. Panchayat Election Form-11 [See Rule 46(1) ] Appointment of Polling Agent \| \| \| \| --- \| --- \| \| Election for - \| \| \| \* Member ofGram Panchayat..................... \| from territorial constituency no. ............. \| \| \* Panch ofGram Katchahry......................... \| from territorial constituency no. ............. \| \| \* Mukhiya of Gram Panchayat....................... \| from constituency no. ............................ \| \| \* Sarpanch ofGram Katchahry.................... \| from constituency no. ............................ \| \| \* Member ofPanchayat Samiti.................... \| from territorial constituency no. ............. \| \| \* Member ofZila Parishad........................... \| from territorial constituency no. ............. \| I (name of the candidate).............. am a candidate in the above election/I (name of the election agent)........... am an election agent of Mr/Miss/Mrs............... who is a candidate in the above election, hereby appoint Mr/Miss/Mrs........... Address............ as an polling agent at polling station no. ........... place................ \| \| \| \| --- \| --- \| \| Place :Date : \| Signature/Thumb impression of Candidate /Election Agent \| (Declaration of the polling agent on which he shall sign before the Presiding Officer) I, hereby, declare that I shall not do anything in the above election which is prohibited by the Act and the Rules made thereunder. \| \| \| \| --- \| --- \| \| Place :Date : \| Signature/Thumb impression of Polling Agent \| Signed before me. Signature of Presiding Officer \* Strike off whichever is not applicable. Panchayat Election Form-12 [See Rule 48(1) ] Appointment of Counting Agent \| \| \| \| --- \| --- \| \| Election for - \| \| \| \* Member ofGram Panchayat..................... \| from territorial constituency no. ............. \| \| \* Panch ofGram Katchahry......................... \| from territorial constituency no. ............. \| \| \* Mukhiya of Gram Panchayat....................... \| from constituency no. ............................ \| \| \* Sarpanch ofGram Katchahry.................... \| from constituency no. ............................ \| \| \* Member ofPanchayat Samiti.................... \| from territorial constituency no. ............. \| \| \* Member ofZila Parishad........................... \| from territorial constituency no. ............. \| I (name of the candidate)........... am a candidate in the above election/ I(name of election agent).................... am an election agent of Mr/Miss/Mrs................. who is a candidate in the above election, hereby appoint Mr/Miss/Mrs................ Address....................... as an counting agent during counting at the place................. \| \| \| \| --- \| --- \| \| Place :Date : \| Signature/Thumb impression of Candidate /Election Agent \| I consent to do the work as a counting agent. \| \| \| \| --- \| --- \| \| Place :Date : \| Signature/Thumb impression of the Counting Agent \| (Declaration of the counting agent on which he shall sign before the Presiding Officer) I, declare that I shall not do anything in the above election which is prohibited by the Act and the Rules made thereunder. \| \| \| \| --- \| --- \| \| Place :Date : \| Signature/Thumb impression of the Counting Agent \| Signed before me Signature of Presiding Officer \* Strike off whichever is not applicable. Panchayat Election Form -13 [See Rule 51(1) ] Uncontested Election \| \| \| \| --- \| --- \| \| Election for - \| \| \| \* Member ofGram Panchayat..................... \| from territorial constituency no. ............. \| \| \* Panch ofGram Katchahry......................... \| from territorial constituency no. ............. \| \| \* Mukhiya of Gram Panchayat....................... \| from constituency no. ............................ \| \| \* Sarpanch ofGram Katchahry.................... \| from constituency no. ............................ \| \| \* Member ofPanchayat Samiti.................... \| from territorial constituency no. ............. \| \| \* Member ofZila Parishad........................... \| from territorial constituency no. ............. \| Under Rule 51 of the Bihar Panchayat Election Rules, 2006, I declare that - Mr/Miss/Mrs........................................................................ Address............................................................................ who was a candidate at the election for the above post, has been duly elected. \| \| \| \| --- \| --- \| \| Place :Date : \| Returning Officer \| \* Strike off which ever is not applicable. Panchayat Election Form -14 [See Rule 61(2) (c)] List of Challenged Votes \| \| \| \| --- \| --- \| \| Election for - \| \| \| \* Member ofGram Panchayat..................... \| from territorial constituency no. ............. \| \| \* Panch ofGram Katchahry......................... \| from territorial constituency no. ............. \| \| \* Mukhiya of Gram Panchayat....................... \| from constituency no. ............................ \| \| \* Sarpanch ofGram Katchahry.................... \| from constituency no. ............................ \| \| \* Member ofPanchayat Samiti.................... \| from territorial constituency no. ............. \| \| \* Member ofZila Parishad........................... \| from territorial constituency no. ............. \| \| Polling Station No. ........................................ \| \| \| Place ............................................................. \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Sl. No. \| Name of the Voter \| Sl. No. in the Voter List \| No. of territorial constituency pertaining to the voter list \| Signature or thumb impression of the person against whom challenge is made \| \| 1 \| 2 \| 3 \| 4 \| 5 \| \| \| \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Address of the Challenged person \| Name of the Identifier if any \| Name of the challenger \| Signature of the challenger after depositing the amount \| Order of the Presiding Officer \| \| 6 \| 7 \| 8 \| 9 \| 10 \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| \| Place.........................Date......................... \| Signature of Presiding Officer \| \* Strike off whichever is not applicable. Panchayat Election Form-15 [See Rule 63] List of Blind/Infirm voters \| \| \| \| --- \| --- \| \| Election for - \| \| \| \* Member ofGram Panchayat..................... \| from territorial constituency no. ............. \| \| \* Panch ofGram Katchahry......................... \| from territorial constituency no. ............. \| \| \* Mukhiya of Gram Panchayat....................... \| from constituency no. ............................ \| \| \* Sarpanch ofGram Katchahry.................... \| from constituency no. ............................ \| \| \* Member ofPanchayat Samiti.................... \| from territorial constituency no. ............. \| \| \* Member ofZila Parishad........................... \| from territorial constituency no. ............. \| \| Polling Station No. ........................................ \| \| \| Place ............................................................. \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sl. No. \| Sl. No. in the Voter List \| Full name of the Voter \| Full name of the companion \| Full address of the companion \| Signature/ Thumb impression of the companion \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| Signature of Presiding Officer \* Strike off whichever is not applicable. Panchayat Election Form-16 [See Rule 65(3) ] List of Tendered Votes \| \| \| \| --- \| --- \| \| Election for - \| \| \| \* Member ofGram Panchayat..................... \| from territorial constituency no. ............. \| \| \* Panch ofGram Katchahry......................... \| from territorial constituency no. ............. \| \| \* Mukhiya of Gram Panchayat....................... \| from constituency no. ............................ \| \| \* Sarpanch ofGram Katchahry.................... \| from constituency no. ............................ \| \| \* Member ofPanchayat Samiti.................... \| from territorial constituency no. ............. \| \| \* Member ofZila Parishad........................... \| from territorial constituency no. ............. \| \| Polling Station No. ........................................ \| \| \| Place ............................................................. \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sl. No. \| Name of the Voter \| Sl. No. in the Voter List \| No. of territorial constituency pertaining to the voter list \| Sl. No. of the tendered ballot paper \| Signature/ Thumb impression of the voter \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| \| \| \| \| --- \| --- \| \| Place.........................Date......................... \| Signature of Presiding Officer \| \* Strike off whichever is not applicable. Panchayat Election Form-17 [See Rule 67] Ballot Paper Account \| \| \| \| --- \| --- \| \| Election for - \| \| \| \* Member ofGram Panchayat..................... \| from territorial constituency no. ............. \| \| \* Panch ofGram Katchahry......................... \| from territorial constituency no. ............. \| \| \* Mukhiya of Gram Panchayat....................... \| from constituency no. ............................ \| \| \* Sarpanch ofGram Katchahry.................... \| from constituency no. ............................ \| \| \* Member ofPanchayat Samiti.................... \| from territorial constituency no. ............. \| \| \* Member ofZila Parishad........................... \| from territorial constituency no. ............. \| \| Polling Station No. ........................................ \| \| \| Place ............................................................. \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| \| Serial No. \| Total Number \| \| 1. \| No. of Ballot Papers received by the Presiding Officer of the Polling Station \| ......... to ......... \| ..................... \| \| 2. \| No. of unused Ballot Papers \| ......... to ......... \| ..................... \| \| 3. \| No. of used Ballot Papers (1 - 2 = 3) \| \| \| \| 4. \| No. of ballot papers used but not inserted into the ballot box- (a) No. of cancelled ballot paper (b) No. of tendered ballot papers (c) No. of ballot papers cancelled due to printing/writing error. Total - (a + b + c) \| \| ..................... ..................... ..................... \| \| 5. \| No. of ballot papers inserted in the ballot box (3 - 4 = 5) \| \| ..................... \| \| \| \| \| --- \| --- \| \| Place.........................Date......................... \| Signature of Presiding Officer \| \* Strike off whichever is not applicable. Panchayat Election Form-18 [See Rule 67] Paper Seal Account \| \| \| \| --- \| --- \| \| Election for - \| \| \| \* Member ofGram Panchayat..................... \| from territorial constituency no. ............. \| \| \* Panch ofGram Katchahry......................... \| from territorial constituency no. ............. \| \| \* Mukhiya of Gram Panchayat....................... \| from constituency no. ............................ \| \| \* Sarpanch ofGram Katchahry.................... \| from constituency no. ............................ \| \| \* Member ofPanchayat Samiti.................... \| from territorial constituency no. ............. \| \| \* Member ofZila Parishad........................... \| from territorial constituency no. ............. \| \| Polling Station No. ........................................ \| \| \| Place ............................................................. \| \| Part (One) {\| \|- \| Sl. No. \| No. of used ballot box \| Sl. No. of used paper seal \| Remarks \|- \| 1 \| 2 \| 3 \| 4 \|- \| \| \| \| \|} Part (Two) {\| \|- \| \| \| Sl. No. \| Total No. \|- \| 1. \| No. of received paper seal \| ......... to ......... \| ................... \|- \| 2. \| No. of used paper seal \| ......... to ......... \| ................... \|- \| 3. \| No. of damaged paper seal, if any \| ......... to ......... \| ................... \|- \| 4. \| No. of unused paper seal returned to the Returning Officer [ 1 - (2 +3) ] \| ......... to ......... \| ................... \|} Signature of Polling agent/agents ### 1. .................. ### 2. .................. ### 3. ................. ### 4. ................. ### 5. ................. Place:.................. Date:................... Signature of Presiding Officer \* Strike off which ever is not applicable. Panchayat Election Form -19 [See Rule 76(2) ] Result Sheet of Counting of Votes at the election (\Member/\Panch) District.............................Block........................................ No. and Name of the Territorial Constituency....................................... Gram Panchayat.................................... \| \| \| --- \| \| Polling Station No. ....................................Place.......................... \| \| Sl. No. \| Name of the Candidate \| No. of valid votes cast in favour of the Candidate \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| Total - \| \| (a) Total no, of valid votes - (b) Total no. of cancelled votes - (c) Total no. of votes cast - (a + b) Place of counting............... Date..................................... Signature of Returning Officer/ Officer authorised by Returning Officer \* Strike off whichever is not applicable. Panchayat Election Form - 20 [See Rule 76(2) ] Part (One) Election Result Sheet of Counting of Votes District.....................Block.....................Panchayat................... \| \| \| \| --- \| --- \| \| Election for - \| \| \| \* Mukhiya of Gram Panchayat....................... \| from constituency no. ............................ \| \| \* Sarpanch ofGram Katchahry.................... \| from constituency no. ............................ \| \| \* Member ofPanchayat Samiti.................... \| from territorial constituency no. ............. \| \| \* Member ofZila Parishad........................... \| from territorial constituency no. ............. \| \| \| \| --- \| \| Table No. .................................... Round No. .......................... \| \| Sl. No. \| Name of the Candidate \| No. of valid votes cast in favour of the Candidate \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| Total - \| \| (a) No. of valid votes - (b) No. of cancelled vote - (c) No. of total votes cast - (a + b) Place of counting- Date : Signature of officer authorised by Returning Officer \* Strike off whichever is not applicable. Panchayat Election Form - 20 [See Rule 76(2) ] Part (Two) Election Result Sheet of Counting of Votes District.....................Block.......................Panchayat................. \| \| \| \| --- \| --- \| \| Election for - \| \| \| \* Mukhiya of Gram Panchayat....................... \| from constituency no. ............................ \| \| \* Sarpanch ofGram Katchahry.................... \| from constituency no. ............................ \| \| \* Member ofPanchayat Samiti.................... \| from territorial constituency no. ............. \| \| \* Member ofZila Parishad........................... \| from territorial constituency no. ............. \| \| \| \| \| \| --- \| --- \| --- \| \| Sl. No. \| Name of candidate \| No. of valid votes cast in favour of candidate \| \| 1st Round \| 2nd Round \| 3rd Round \| 4th Round \| 5th Round \| 6th Round \| 7th Round \| Total \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| (a) No. of valid votes - \| \| \| \| \| \| \| \| \| \| (b) No. of cancelled votes - \| \| \| \| \| \| \| \| \| \| (c) Total no. of votes cast -(a + b) \| \| \| \| \| \| \| \| \| Signature of Returning Officer/officerauthorised by Returning Officer \* Strike off whichever is not applicable. Panchayat Election Form -21 [See Rule 81(1) ] Details of Election Result District.....................Block.......................Panchayat................. \| \| \| \| --- \| --- \| \| Election for - \| \| \| \* Member ofGram Panchayat..................... \| from territorial constituency no. ............. \| \| \* Panch ofGram Katchahry......................... \| from territorial constituency no. ............. \| \| \* Mukhiya of Gram Panchayat....................... \| from constituency no. ............................ \| \| \* Sarpanch ofGram Katchahry.................... \| from constituency no. ............................ \| \| \* Member ofPanchayat Samiti.................... \| from territorial constituency no. ............. \| \| \* Member ofZila Parishad........................... \| from territorial constituency no. ............. \| \| \| \| \| \| --- \| --- \| --- \| \| Sl. No. \| Name of the Candidate \| No. of valid votes cast in favour of the Candidate \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| Total - \| \| (a) No. of valid votes - (b) No. of cancelled votes - (c) Total no. of votes cast - (a + b) I declare that Name - Address - has been duly elected for the above post. Place: Date : Signature of Returning Officer/officerauthorised by Returning Officer \* Strike off whichever is not applicable. Panchayat Election Form -22 [See Rule 82, 99] Election certificate I ..................................... Returning Officer/Adhyaksha hereby certify that I have declared Mr./Miss/Mrs who is the son/daughter/wife of Mr/Mrs...................................and resident of...................village..................... Block......................District, duly elected on date................. month............ year....... as...............................................from................. which is reserved/ unreserved for and in token thereof I have granted to him/her this certificate of election. \| \| \| \| --- \| --- \| \| Place................Date................. \| Signature of Returning Officer/AdhyakshaSEAL \| Panchayat Election Form - 23 [See Rule 83] Publication of Election result In pursuance of rule 83 of the Bihar Panchayat Election rules 2006. I hereby notify that the person named in column (1) of the following schedule has been duly elected on the post mentioned in column (2) from Gram Katchahry/Gram Panchayat/ Panchayat Samiti/Zila Parishad mentioned in column (5):- Schedule 2 ------------ \| \| \| \| \| --- \| --- \| --- \| \| Name of the person \| Details of the post \| The name ofGram Katchahry/ Gram Panchayat/ Panchayat Samiti/ Zila Parishadto which the post relates (including number and name of the constituency) \| \| Post \| Reserved/ Unreserved \| Women/ others \| \| 1 \| 2 \| 3 \| 4 \| 5 \| \| \| \| \| \| \| Place.................... Date..................... District Election Officer Note. - (1) If the constituency comes under reserved category, then mention the name of reserved category in column 3, viz; Scheduled Castes, Scheduled Tribes, Backward Classes. If the constituency comes under unreserved category, then mention "unreserved" (2) If the constituency is reserved for women, then mention the word "Women" in column 4. If the electoral constituency is not reserved for women, then mention the word 'others" Panchayat Election Form - 24 [See Rule 87] Notice of meeting for election to post of Up-Mukhia/Up-Sarpanch/Pramukh/ Up-Pramukh/Adhyaksha/Up-Adhyaksha To, \| \| \| --- \| \| ----------------------------(by name) \| \| \* Mukhia of Gram Panchayat \| \| \Panch/\Sarpanch of Gram Katchahry \| \| Member of--------------------- \| \* Gram Panchayat \| \| \| \* Panchayat Samiti \| \| \| \* Zila Parishad \| Sir, Under sub-rule (1) of Rule 87 of the Bihar Panchayat Election rules,2006, it is hereby informed that a meeting of \Gram Katchahry/\Gram Panchayat/\Panchayat Samiti Zila Parishad for the election of \Up-Mukhia/\Up-Sarpanch/ \Pramukh/ \Up-Pramukh/\Adhyaksha/\Up-Adhyaksha under section \15./ \93/ \40/\67 of the Act shall be held on (date).............(time)........at........................(place). Kindly make it convenient to attend the meeting. \| \| \| \| --- \| --- \| \| Place................Date................. \| Signature of District Magistrate/Sub divisional Magistrate/Block Development officer \| \ Strike off whichever is not applicable. Panchayat Election Form - 25 [See Rule 89] Nomination paper Election to \Pramukh/\Up-Pramukh of Panchayat Samiti....................................... \Adhyaksha/\Up-Adhyaksha of Zila Parishad...................................... Full name of candidate.................................................. His address.................................................................... Full name of proposer.................................................... His address.................................................................... Signature of proposer Full name of seconder.................................................... His address.................................................................... Signature of seconder (Declaration by candidate) I, hereby, declare that I assent to my nomination for the above election. Place................. Time.................. Signature of candidate. \* Strike off whichever is not applicable. Panchayat Election Form - 26 [See Rule 94] Ballot Paper Election to \* Pramukh/\Up-Pramukh of Panchayat Samiti..................................... \ Adhyaksha/\Up-Adhyaksha of Zila Parishad................................... \| \| \| \| \| --- \| --- \| --- \| \| Sl. No. \| Name of Candidate \| Space for cross mark (X) \| \| \| \| \| \| \| \| \| Signature of Adhyaksha Note. -\ Strike off whichever is not applicable. For giving vote to any candidate, put cross mark(x) against his name Panchayat Election Form - 27 [See Rule 97(2) ] Details of Election result and Declaration thereof Election to \* Pramukh/\* Up-Pramukh of Panchayat Samiti................................ \* Adhyaksha/\* Up-Adhyaksha of Zila Parishad............................... \| \| \| \| \| --- \| --- \| --- \| \| Sl. No. \| Name of Candidate \| No. of valid votes in favour of candidate \| \| \| \| \| \| \| \| \| (a) Total no. of valid votes-- (b) Total no. of invalid votes-- (e) Total no. of votes cast-- (a+b) I declare that- Name- Address has been duly elected for the above post. Place- Date- Signature of Presiding Officer \* Strike off whichever is not applicable. Panchayat Election Form -28 [See Rule 122(5) ] Oath/ Affirmation \| \| \| --- \| \| I, ....................................., do\| swear in the name of Godsolemnly affirm that \| I will bear true faith and allegiance to the Constitution of India as by law established, will do justice to all required by the provisions of the Act, and that I will faithfully discharge the duties which I am about to enter without any fear or favour, affection or prejudice. I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me except that as may be required for the due discharge of my duties. Place...................... Date....................... Signature of the person taking oath Signature of authorised officer Seal Form-29 Form of Return of Election expenses [See Rule - 119] \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sl. No. \| Head of Expenditure \| quality/number \| Expenditure incurred by the person/ institution \| Amount of expenditure \| date of Payment \| mode of payment (Cheque/Cash) \| Proof of Payment (details of Receipt/ Cheque) \| Remarks \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| 8 \| 9 \| \| 1. \| Amount of Security \| \| \| \| \| \| \| \| \| 2. \| Purchase of voter list \| \| \| \| \| \| \| \| \| 3. \| Expenditure on display/distribution of Hoarding Banner, Flag, poster, printing of public letter of declaration \| \| \| \| \| \| \| \| \| 4. \| Publication of advertisement \| \| \| \| \| \| \| \| \| 5. \| expenditure on advertisement of public meeting and rent of public meeting, pandal, loud speaker, photographer, etc \| \| \| \| \| \| \| \| \| 6. \| Expenditure on preparation and publication of audio cassette. \| \| \| \| \| \| \| \| \| 7. \| Expenditure on rent/ fuel of vehicles used by the candidate/ Election agent/ polling agent/ counting agent. \| \| \| \| \| \| \| \| \| 8. \| Expenditure on Election agent/ polling agent/ counting agent allowance of supporters/ refreshment/food etc. \| \| \| \| \| \| \| \| \| 9. \| Miscellaneous expenditure other than above. \| \| \| \| \| \| \| \| Date.................. Signature of candidate (a) Stipulated date of filing return of expenses................... (b) Date of filing return of expenses........................ Signature of Returning Officer Date................ I have verified the above return and in my opinion it has been filed/has not been filed in required manner. Signature of Returning Officer Date. Note: 1. Voucher is to be enclosed for every object/ item of twenty rupees or above except those items for which receipt is not available, viz,Railway Ticket or postal stamp etc. ### 2. Details with date of payment should be mentioned for all the payments for which no receipt has been attached ### 3. The candidate shall submit the return of election expenses with an affidavit in Form-30 Form - 30 [See Rule 119] Affidavit I............................................................. Son/ daughter/wife of.....................................age...............years, a candidate for the post of Member of Zila Parishad/Member of Panchayat Samiti/Member of Gram Panchayat from territorial electoral constituency number...................../Mukhia/Sarpanch/Panch from Gram Panchayat/ Gram Katchahry................................................, hereby faithfully and solemnly declare on oath that the return of election expenses filed by me is correct and true to my knowledge and belief. \| \| \| \| --- \| --- \| \| Date................. \| Signature of candidateBy order of the GovernorSd/-Principal Secretary to the Government \|
65b920a2ab84c7eca86e85e1	acts	State of Uttar Pradesh - Act ------------------------------ U.P. State Commission for Backward Classes Act, 1996 ------------------------------------------------------ UTTAR PRADESH India U.P. State Commission for Backward Classes Act, 1996 ====================================================== Act 1 of 1996 --------------- * Published on 1 January 1996 * Commenced on 1 January 1996 U.P. State Commission for Backward Classes Act, 1996 President's Act No. 1 of 1996 Enacted by the President in the Forty-sixth Year of the Republic of India Enacted by the President on January 5, 1996 and published in the Gazette of India. Extra., Part II, Section 1, dated 5th, January, 1996 pp. 1-6. No. 5. An Act to constitute a Commission for the State of Uttar Pradesh for Backward Classes other than the Scheduled. Castes and the Scheduled Tribes and to provide for matters connected therewith or incidental thereto In exercise of the powers conferred by Section 3 of the Uttar Pradesh State Legislature (Delegation of Powers) Act, 1995 ( 2 of 1996 ), the President is pleased to enact as follows- Chapter I Preliminary -------------------------- ### 1. Short title and commencement. (1) This Act may be called the Uttar Pradesh State Commission for Backward Classes Act, 1996. (2) It shall be deemed to have come into force on November 17, 1994. ### 2. Definitions. - In this Act.- (a) 'Backward Classes' means such classes of citizens as are defined in Clause (b) of Section 2 of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994 as amended from time to time; (b) 'Commission' means the State Commission for Backward Classes constituted under Section 3; (c) 'Member' means a Member of the Commission and includes the Chairman; (d) 'Schedule' means Schedule I to the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 as amended from time to time. Chapter II The State Commission For Backward Classes --------------------------------------------------------- ### 3. Constitution of the State Commission for Backward Classes. (1) The State Government shall constitute a body to be known as the State Commission for Backward Classes to exercise the powers conferred on, and to perform the functions assigned to, it under this Act. (2) The headquarters of the Commission shall be at such place as the State Government may, by notification, specify. (3) The Commission shall consist of a Chairman and four other Members nominated by the State Government from amongst persons of eminence, ability and integrity': Provided that four Members including the Chairman shall be from the Backward Classes. ### 4. Term of office and conditions of service. - ["(1) The Chairman or every other member shall hold office for a term of three years from the date he assumes office:] [Substituted, by U.P. Ordinance No. 11 of 2001 Notification No. 1345(2) XVII-V-I-2(Ka) 15/2001 dated June 8, 2001 published in U.P. Gazette (Extra) dated 8 June, 2001.] [Provided that no Chairman or other member shall hold office as such after he has attained the age of sixty-five years:] [Sub-section (1) First Proviso omitted and second Proviso for the words 'Provided further that' the word 'Provided that' substituted by U.P. Act No. 18 of 2005. Published in U.P. Gazette Extra Part 1 Section (ka) dated 5th August, 2005.] [Provided that] [Sub-section (1) First Proviso omitted and second Proviso for the words 'Provided further that' the word 'Provided that' substituted, by U.P. Act No. 18 of 2005. Published in U.P. Gazette Extra Part 1 Section (ka) dated 5th August, 2005.] the Chairman shall not be eligible for reappointment as member. [(1-A) The provisions of sub-section (1) as amended by the Uttar Pradesh State Commission for Backward Classes (Amendment) Ordinance, 2001 shall apply also to the Chairman and every other member holding office immediately before the commencement of the said Ordinance.] [Sub-section (1-A and 1-B) omitted by U.P. Act No. 18 of 2005. Published in U.P. Gazette Extra Part I Section (ka) dated 5th August, 2005.] [(1-B) The Chairman or other member, who has attained the age of sixty-five years, on or before the commencement of the Ordinance referred to in sub-section (1-A), shall cease to hold office as such on such commencement."] [Sub-section (1-A and 1-B) omitted by U.P. Act No. 18 of 2005. Published in U.P. Gazette Extra Part I Section (ka) dated 5th August, 2005.] (2) A Member may, by writing under his hand addressed to the Governor, resign from the office of Chairman or, as the case may be, of Member at any time but shall continue to hold office until his resignation is accepted. (3) The State Government shall remove a person from the office of Member if that person- (a) becomes an undischarged insolvent; (b) is convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government, involves moral turpitude; (c) becomes of unsound mind and stands so declared by a competent Court; (d) refuses to act or becomes incapable of acting; (e) is, without obtaining leave of absence from the Commission, absents from three consecutive meetings of the Commission; or (f) has, in the opinion of the State Government, so abused the position of Chairman or Member as to render that person's continuance in office detrimental to the interests of Backward Classes or the public interest : Provided that no person shall be removed under this clause until that person has been given an opportunity of being heard in the matter. (4) A vacancy caused under sub-section (2) or otherwise shall be filled by fresh appointment. (5) The salaries and allowances payable to, and other terms and conditions of service of the Chairman and Members shall be such as may be prescribed. ### 5. Officers and other employees of the Commission. (1) The State Government shall provide the Commission with a Secretary and such other officers and employees as may be necessary for the efficient performance of the functions of the Commission. (2) The salaries and allowances payable to, and other terms and conditions of service of, the Secretary and other officers and employees appointed for the purpose of the Commission shall be such as may be prescribed. ### 6. Salaries and allowances to be paid out of grants. - The salaries and allowances payable to the Chairman and Members and the administrative expenses, including salaries, allowances and pensions payable to the officers and other employees referred to in Section 5, shall be paid out of the grants referred to in sub-section (1) of Section 12. ### 7. Vacancies, etc. not to invalidate proceedings of the Commission. - No act or proceeding of the Commission shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the Commission. ### 8. Procedure to be regulated by the Commission. (1) The Commission shall meet as and when necessary at such time and place as the Chairman may think fit. (2) The Commission shall regulate its own procedure. (3) All orders and decisions of the Commission shall be authenticated by the Secretary or any other officer of the Commission duly authorised by the Secretary in this behalf. Chapter III Functions And Powers of the Commission ------------------------------------------------------- ### 9. Functions of the Commission. (1) The Commission shall perform all or any of the following functions, namely :- (a) the Commission shall examine requests for inclusion of any Class of citizens as a Backward Class in the Schedule and hear complaints of wrong inclusion or non-inclusion of any Backward Class in the Schedule and tender such advice to the State Government as it deems appropriate; (b) to investigate and monitor all matters relating to the safeguards provided for the Backward Classes under any law for the time being in force or under any order of the State Government and to evaluate the working of such safeguards; (c) to enquire into specific complaints with respect to the deprivation of rights and safeguards of the Backward Classes; (d) to participate and advise on the planning process of socioeconomic development of the Backward Classes and to evaluate the progress of their development; (e) to present to the State Government annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards; (f) to make in such reports recommendations, as to the measures that should be taken by the State Government for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Backward Classes; and (g) to discharge such other function in relation to the protection, welfare, development and advancement of the Backward. Classes as may be referred to it by the State Government. (2) The State Government shall cause the reports of the Commission to be laid before each House of the State Legislature along with a memorandum explaining the action taken or proposed to be taken on the recommendations and the reason for the non-acceptance, if any, of any of such recommendations. ### 10. Powers of the Commission. - The Commission shall, while performing its functions under sub-section (1) of Section 9, have all the powers of a Civil Court trying a suit and in particular, in respect of the following matters, namely- (a) summoning, and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any Court or office; (e) issuing commissions for the examination of witnesses and documents; and (f) any other matter which may be prescribed. ### 11. Periodic revision of the Schedule by the State Government. (1) The State Government may, at any time and shall, at the expiration of ten years from the coming into force of this Act and every succeeding period of ten years thereafter, undertake revision of the Schedule with a view to excluding from the Schedule those classes who have ceased to be Backward Classes or for including in the Schedule new Backward Classes. (2) The State Government shall, while undertaking any revision referred to in sub-section (1), consult the Commission. Chapter IV Finance, Accounts And Audit ------------------------------------------- ### 12. Grants by the State Government. (1) The State Government shall, after due appropriation made by the State Legislature by law in this behalf, pay to the Commission by way of grants such sums of money as the State Government may think fit for being utilised for the purposes of this Act. (2) The Commission may spend such sums as it thinks fit for performing the functions under this Act and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1). ### 13. Accounts and audit. (1) The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form and manner as may be prescribed. (2) The accounts of the Commission shall be audited by such auditor and at such intervals as may be prescribed. (3) The auditor shall have such powers of requiring the production of books, accounts, connected vouchers and other documents and papers and for inspecting any of the offices of the Commission as may be prescribed. ### 14. Annual report. - The Commission shall prepare annual report for each financial year, in such form and at such time, as may be prescribed giving a full account of its activities during that financial year and forward a copy thereof to the State Government. ### 15. Annual report and audit report to be laid before the State Legislature. - The State Government shall cause the annual report, together with a memorandum of action taken on the advice tendered by the Commission under Section 9 and the reasons for the non-acceptance, if any, of any such advice, and the audit report to be laid as soon as may be after they are received before both the Houses of the State Legislature. Chapter V Miscellaneous ---------------------------- ### 16. Chairman, Members and employees of the Commission to be public servants. - The Chairman, Members and employees of the Commission shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code (45 of 1860). ### 17. Power to make rules. (1) The State Government may, by notification, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely :- (a) salaries and allowances payable to, and other terms and conditions of service of the Chairman and Members under sub-section, (8) of Section 4 and of officers and other employees under sub-section (2) of Section; (b) the form in which the annual statements of accounts shall be maintained under sub section (1) of Section 13; (c) the form in, and the time at, which the annual report shall be, prepared under Section 14; (d) any other matter which is required to be or may be, prescribed. ### 18. Penalty. - Whoever, being legally bound to obey any order or direction of the Commission under Section 10, disobeys such order or direction shall be punishable under Sections 174, 175, 176, 178, 179 or 180 of the Indian Penal Code (45 of 1860), as the case may be. ### 19. Cognizance of offences. - No court shall take cognizance of any of the offences specified in Section 18 except on the complaints in writing of the Chairman or a Member or of an officer of the Commission authorised in this behalf by the Commission. ### 20. Protection of action taken in good faith. - No suit, prosecution or other legal proceeding shall lie against any person for anything which, is in good faith done or intended to be pone in pursuance of the provisions of this Act or the rules made thereunder. ### 21. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by a notified order, make provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient, for removing the difficulty. (2) No order under sub-section (1) shall be made after the expiration of a period of two Years from the commencement of this Act. (3) The provisions of sub-section (1) of Section 23-A of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act No. I of 1904) shall apply to the order made under sub-section (1) as they apply in respect of rules, made by the State Government under any Uttar Pradesh Act. ### 22. Savings. - Notwithstanding anything in this Act the Commission constituted by the Uttar Pradesh Government Order No. 22/16/92-KA-2-93; dated March 9, 1993, shall be deemed to have been duly constituted under the provision of this Act and the term of three years of the Chairman and other Members of the said Commission shall be computed from the date on which they had assumed charge of their respective offices: ### 23. Repeal and savings. (1) The Uttar Pradesh State Commission for Backward Classes (Second) Ordinance, 1995 (U.P. Ordinance No. 34 of 1995) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Ordinance referred in sub-section (1), shall be deemed to have been done or taken under this Act.
65ba7058ab84c7eca86eb511	acts	Union of India - Act ---------------------- THE ASSISTED REPRODUCTIVE TECHNOLOGY (REGULATION) ACT, 2021 ------------------------------------------------------------- UNION OF INDIA India THE ASSISTED REPRODUCTIVE TECHNOLOGY (REGULATION) ACT, 2021 ============================================================= MINISTRYOFLAWANDJUSTICE 42 of 2021 ------------------------------------ * Published in Gazette of India CG-DL-E-21122021-232025 on 18 December 2021 * Not commenced THE ASSISTED REPRODUCTIVE TECHNOLOGY (REGULATION) ACT, 2021 ACT NO. 42 OF 2021 [18th December, 2021.] An Act for the regulation and supervision of the assisted reproductive technology clinics and the assisted reproductive technology banks, prevention of misuse, safe and ethical practice of assisted reproductive technology services for addressing the issues of reproductive health where assisted reproductive technology is required for becoming a parent or for freezing gametes, embryos, embryonic tissues for further use due to infertility, disease or social or medical concerns and for regulation and supervision of research and development and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows: — SCC Online to analytically discuss the new [Assisted Reproductive Technology (Regulation) Act, 2021 ] Bar and Bench discussed [the Assisted Reproductive Technology (Regulation) Act, 2021 : A timely legislation for a timeless problem.] Live Law Critically Analysed the Surrogacy (Regulation) Bill 2021 And [the Assisted Reproductive Technology (Regulation) Bill 2021 ).] Chapter I PRELIMINARY -------------------------- ### 1. Short title, extent and commencement. (1) This Act may be called the Assisted Reproductive Technology (Regulation) Act, 2021. (2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint. Definitions. — (1) In this Act, unless the context otherwise requires, — (a) “assisted reproductive technology” with its grammatical variations and cognate expressions, means all techniques that attempt to obtain a pregnancy by handling the sperm or the oocyte outside the human body and transferring the gamete or the embryo into the reproductive system of a woman; (b) “assisted reproductive technology bank” means an organisation which shall be responsible for collection of gametes, storage of gametes and embryos and supply of gametes to the assisted reproductive technology clinics or their patients; (c) “assisted reproductive technology clinic” means any premises equipped with requisite facilities and medical practitioners registered with the National Medical Commission for carrying out the procedures related to the assisted reproductive technology; (d) “child” means any individual born through the use of the assisted reproductive technology; (e) “commissioning couple” means an infertile married couple who approach an assisted reproductive technology clinic or assisted reproductive technology bank for obtaining the services authorised of the said clinic or bank; (f) “embryo” means a developing or developed organism after fertilisation till the end of fifty-six days from the day of fertilisation; (g) “gamete” means sperm and oocyte; (h) “gamete donor” means a person who provides sperm or oocyte with the objective of enabling an infertile couple or woman to have a child; (i) “gynaecologist” shall have the same meaning as assigned to it in the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 ( 57 of 1994 ); (j) “infertility” means the inability to conceive after one year of unprotected coitus or other proven medical condition preventing a couple from conception; (k) “National Board” means the National Assisted Reproductive Technology and Surrogacy Board to be constituted under sub-section (1) of section 15 of the Surrogacy Act; (l) “National Registry” means the National Assisted Reproductive Technology and Surrogacy Registry established under section 9; (m) “notification” means a notification published in the Official Gazette; (n) “patients” means an individual or couple who comes to any registered assisted reproductive technology clinic for management of infertility; (o) “prescribed” means prescribed by rules made under this Act; (p) “appropriate authority” means the authority appointed under section 12; (q) “regulations” means the regulations made by the National Board under this Act; (r) “sperm” means the mature male gamete; (s) “State Board” means a State Assisted Reproductive Technology and Surrogacy Board to be constituted under sub-section (1) of section 24 of the Surrogacy Act; (t) “Surrogacy Act” means the Surrogacy (Regulation) Act, 2021; and (u) “woman” means any woman above the age of twenty-one years who approaches an assisted reproductive technology clinic or assisted reproductive technology bank for obtaining the authorised services of the clinic or bank. (2) The expressions “clinics” and “banks” occurring in this Act shall be construed as “assisted reproductive technology clinics” and “assisted reproductive technology banks”. (3) Words and expressions used herein and not defined in this Act but defined in the Surrogacy (Regulation) Act shall have the meanings respectively assigned to them in that Act. Chapter II AUTHORITIES TO REGULATE ASSISTED REPRODUCTIVE TECHNOLOGY ------------------------------------------------------------------------ A. THE NATIONAL ASSISTED REPRODUCTIVE TECHNOLOGY AND SURROGACY BOARD ### 3. National Assisted Reproductive Technology and Surrogacy Board. The National Assisted Reproductive Technology and Surrogacy Board to be constituted under sub-section (1) of section 15 of the Surrogacy Act shall be the National Board for the purposes of this Act. ### 4. Application of provisions of Surrogacy Act with respect to National Board. Subject to the provisions of this Act and the rules made thereunder, the provisions of the Surrogacy Act relating to— (i) constitution of the National Assisted Reproductive Technology and Surrogacy Board; (ii) term of office of Members of the National Board; (iii) meetings of the National Board; (iv) vacancies, etc., not to invalidate proceedings of the National Board; (v) disqualifications for appointment as Member of the National Board; (vi) temporary association of persons with the National Board for particular purposes; (vii) authentication of orders and other instruments of the National Board; and (viii) eligibility of Members of the National Board for re-appointment, shall, mutatis mutandis, apply, so far as may be, in relation to assisted reproductive technology as they apply in relation to surrogacy, as if they are enacted under this Act. ### 5. Powers and functions of National Board The National Board shall exercise and discharge the following powers and functions, namely:— (a) to advise the Central Government on policy matters relating to the assisted reproductive technology; (b) to review and monitor the implementation of the Act, rules and regulations made thereunder and recommend to the Central Government, any suitable changes therein; (c) to lay down code of conduct to be observed by persons working at clinics and banks, to set the minimum standards of physical infrastructure, laboratory and diagnostic equipment and expert manpower to be employed by clinics and banks; (d) to oversee the performance of various bodies constituted under this Act and take appropriate steps to ensure their effective performance; (e) to supervise the functioning of the National Registry and liaison with the State Boards; (f) to pass orders as per the provisions made under this Act; and (g) such other powers and functions as may be prescribed. B. STATE ASSISTED REPRODUCTIVE TECHNOLOGY AND SURROGACY BOARD ### 6. State Assisted Reproductive Technology and Surrogacy Board. The State Assisted Reproductive Technology and Surrogacy Board to be constituted under sub-section (1) of section 24 of the Surrogacy Act shall be the State Board for the purposes of this Act. ### 7. Application of provisions of Surrogacy Act with respect to State Board. Subject to the provisions of this Act and the rules made thereunder, the provisions of the Surrogacy Act relating to— (i) constitution of the State Assisted Reproductive Technology and Surrogacy Board; (ii) composition of the State Board; (iii) term of office of members of the State Board; (iv) meetings of the State Board; (v) vacancies, etc., not to invalidate proceedings of the State Board; (vi) disqualifications for appointment as member of the State Board; (vii) temporary association of persons with the State Board for particular purposes; (viii) authentication of orders and other instruments of the State Board; and (ix) eligibility of member of the State Board for re-appointment, shall, mutatis mutandis, apply, so far as may be, in relation to assisted reproductive technology as they apply in relation to surrogacy, as if they are enacted under this Act. ### 8. Powers and functions of State Board. (1) Subject to the provisions of this Act and the rules and regulations made thereunder, the State Board shall have the responsibility to follow the policies and plans laid by the National Board for clinics and banks in the State. (2) Without prejudice to the generality of the provisions contained in sub-section (1), the State Board, taking into account the recommendations, policies and regulations of the National Board, shall— (a) co-ordinate the enforcement and implementation of the policies and guidelines for assisted reproduction; and (b) such other powers and functions as may be prescribed. (3) In the exercise of its functions under this Act, the State Board shall give such directions or pass such orders as directed by the National Board. C. THE NATIONAL ASSISTED REPRODUCTIVE TECHNOLOGY AND SURROGACY REGISTRY AND THE APPROPRIATE ASSISTED REPRODUCTIVE TECHNOLOGY AND SURROGACY AUTHORITY ### 9. Establishment of National Registry of clinics and banks. The Central Government may, within a period of ninety days from the date of commencement of this Act, by notification, establish for the purposes of this Act and Surrogacy Act, a Registry to be called the National Assisted Reproductive Technology and Surrogacy Registry. ### 10. Composition of National Registry. The National Registry referred to in section 9 shall consist of such scientific, technical, administrative and supportive staff and the terms and conditions of their service shall be such as may be prescribed. ### 11. Functions of National Registry. The National Registry shall discharge the following functions, namely:— (a) it shall act as a central database in the country through which the details of all the clinics and banks of the country including nature and types of services provided by them, outcome of the services and other relevant information shall be obtained on regular basis; (b) it shall assist the National Board in its functioning by providing the data generated from the central database of the Registry; (c) the data generated from the National Registry shall be utilised by the National Board for making policies, guidelines and shall help in identifying new research areas and conducting research in the area of assisted reproduction and other related fields in the country; and (d) such other functions as may be prescribed. ### 12. Appointment of appropriate authority. (1) The Central Government shall, within a period of ninety days from the date of commencement of this Act, by notification, appoint one or more appropriate assisted reproductive technology and surrogacy authorities for each of the Union territories for the purposes of this Act and the Surrogacy Act. (2) The State Government shall, within a period of ninety days from the date of commencement of this Act, by notification, appoint one or more appropriate assisted reproductive technology and surrogacy authorities for the whole or any part of the State for the purposes of this Act and the Surrogacy Act. (3) The appropriate authority, under sub-section (1) or sub-section (2), shall, — (a) when appointed for the whole of the State or the Union territory, consist of— (i) an officer of or above the rank of the Joint Secretary of the Health and Family Welfare Department—Chairperson, ex officio; (ii) an officer of or above the rank of the Joint Director of the Health and Family Welfare Department — Vice Chairperson, ex officio; (iii) an eminent woman representing women's organisation—member; (iv) an officer of Law Department of the State or the Union territory concerned not below the rank of a Deputy Secretary—member, ex officio; and (v) an eminent registered medical practitioner—member: Provided that any vacancy occurring therein shall be filled within one month of the occurrence of such vacancy; (b) when appointed for any part of the State or the Union territory, the officers of such other rank as the State Government or the Central Government, as the case may be, may deem fit. (4) The members of appropriate authority, other than ex officio members, shall receive only compensatory travelling expenses for attending the meetings of such Authority. ### 13. Functions of appropriate authority. The appropriate authority shall discharge the following functions, namely: — (a) to grant, suspend or cancel registration of a clinic or bank; (b) to enforce the standards to be fulfilled by the clinic or bank; (c) to investigate complaints of breach of the provisions of this Act, rules and regulations made thereunder and take legal action as per provisions of this Act; (d) to take appropriate legal action against the misuse of assisted reproductive technology by any person and also to initiate independent investigations in such matter; (e) to supervise the implementation of the provisions of this Act and the rules and regulations made thereunder; (f) to recommend to the National Board and State Boards about the modifications required in the rules and regulations in accordance with changes in technology or social conditions; (g) to take action after investigation of complaints received by it against the assisted reproductive technology clinics or banks; and (h) such other functions as may be prescribed. ### 14. Powers of appropriate authority. (1) The appropriate authority shall exercise the powers in respect of the following matters, namely:— (a) summoning of any person who is in possession of any information relating to violation of the provisions of this Act and the rules and regulations made thereunder; (b) production of any document or material object relating to clause (a); (c) searching of any place suspected to be violating the provisions of this Act and the rules and regulations made thereunder; and (d) such other powers as may be prescribed. (2) The appropriate authority shall maintain the details of registration of assisted reproductive technology clinics and banks, cancellation of registration, renewal of registration, grant of certificates to the commissioning couple and woman or any other matter pertaining to grant of licence and the like of the clinic or bank in such format as may be prescribed and submit the same to the National Board. Chapter III PROCEDURES FOR REGISTRATION -------------------------------------------- ### 15. Registration of assisted reproductive technology clinic or assisted reproductive technology bank. (1) No person shall establish any clinic or bank for undertaking assisted reproductive technology or to render assisted reproductive technology procedures in any form unless such clinic or bank is duly registered under this Act. (2) Every application for registration under sub-section (1) shall be made to the National Registry through the appropriate assisted reproductive technology and surrogacy authority in such form, manner and shall be accompanied by such fees as may be prescribed. (3) Every clinic or bank which is conducting assisted reproductive technology, partly or exclusively shall, within a period of sixty days from the date of establishment of the National Registry, apply for registration: Provided that such clinics and banks shall cease to conduct any such counselling or procedures on the expiry of six months from the date of commencement of this Act, unless such clinics and banks have applied for registration and is so registered separately or till such application is disposed of, whichever is earlier. (4) No clinics or banks shall be registered under this Act, unless the appropriate authority is satisfied that such clinics and banks are in a position to provide such facilities and maintain such equipment and standards including specialised manpower, physical infrastructure and diagnostic facilities as may be prescribed. ### 16. Grant of registration. (1) On receipt of the application under sub-section (1) of section 15, the appropriate authority shall within a period of thirty days— (i) grant registration subject to the provisions of this Act and the rules and regulations made thereunder, and provide a registration number to the applicant; or (ii) reject the application for reasons to be recorded in writing, if such application does not conform to the provisions of this Act or the rules or regulations made thereunder: Provided that no application shall be rejected unless the applicant has been given an opportunity of being heard in the matter. (2) If the appropriate authority fails to grant the registration or reject the application, as the case may be, as provided under sub-section (1), the appropriate authority shall, within a period of seven days from the expiry of the said period of thirty days specified under sub-section (1), provide a reason for the failure to process the application. (3) The appropriate authority shall, within a period of one month of registration being granted under this section, intimate such registration to the State Board. (4) The State Board shall maintain a record of all registrations applied for and granted under this (5) No registration shall be granted unless the State Board has inspected the premises of the applicant. (6) The registration granted under this section shall be valid for a period of five years from the date of registration granted by the appropriate authority. (7) The certificate of registration shall be displayed by the clinic or bank at a conspicuous place and such certificate shall contain the duration of validity of such registration. ### 17. Renewal of registration. The registration granted under section 16, may be renewed for a further period of five years by the appropriate authority, on an application made by the applicant, under such conditions, in such form and on payment of such fee as may be prescribed: Provided that no application for renewal of registration shall be rejected without giving an opportunity of being heard to the applicant. ### 18. Suspension or cancellation of registration. (1) The appropriate authority may on receipt of a complaint, issue a notice to the clinic or bank to show cause as to why its registration should not be suspended or cancelled for the reasons mentioned in the notice. (2) If after giving a reasonable opportunity of being heard to the clinic or bank, the appropriate authority is satisfied that there has been a breach of the provision of this Act or the rules or regulations made thereunder or if the data obtained from them periodically do not satisfy the provisions of this Act, the rules and regulations made thereunder, it may, without prejudice to any criminal action, suspend its registration for such period as it may deem fit or cancel its registration. (3) On cancellation of registration, a copy of the cancellation letter shall be sent to the respective State Board and accordingly the State Board shall cancel the registration of such clinics and banks. ### 19. Appeal. The clinic or bank or the commissioning couple or the woman may, within a period of thirty days from the date of receipt of the communication relating to order of rejection of application, suspension or cancellation of registration passed by the appropriate authority under section 16 or section 18, prefer an appeal against such order to— (a) the State Government, where the appeal is against the order of the appropriate authority of a State; (b) the Central Government, where the appeal is against the order of the appropriated authority of a Union territory, in such manner as may be prescribed. ### 20. Power to inspect premises, etc. The National Board, the National Registry and the State Board shall have the power to, — (i) inspect, any premises relating to assisted reproductive technology; or (ii) call for any document or material, in exercise of their powers and discharge of their functions. Chapter IV DUTIES OF ASSISTED REPRODUCTIVE TECHNOLOGY CLINIC AND ASSISTED REPRODUCTIVE TECHNOLOGY BANK ----------------------------------------------------------------------------------------------------------- ### 21. General duties of assisted reproductive technology clinics and banks. The clinics and banks shall perform the following duties, namely:— (a) the clinics and banks shall ensure that commissioning couple, woman and donors of gametes are eligible to avail the assisted reproductive technology procedures subject to such criteria as may be prescribed; (b) the clinics shall obtain donor gametes from the banks and such banks shall ensure that the donor has been medically tested for such diseases as may be prescribed; (c) the clinics shall— (i) provide professional counselling to commissioning couple and woman about all the implications and chances of success of assisted reproductive technology procedures in the clinic; (ii) inform the commissioning couple and woman of the advantages, disadvantages and cost of the procedures, their medical side effects, risks including the risk of multiple pregnancy; and (iii) help the commissioning couple or woman to arrive at an informed decision on such matters that would most likely be the best for the commissioning couple; (d) the clinics shall make commissioning couple or woman, aware of the rights of a child born through the use of assisted reproductive technology; (e) the clinics and banks shall ensure that information about the commissioning couple, woman and donor shall be kept confidential and the information about treatment shall not be disclosed to anyone except to the database to be maintained by the National Registry, in a medical emergency at the request of the commissioning couple to whom the information relates, or by an order of a court of competent jurisdiction; (f) every clinic and every bank shall maintain a grievance cell in respect of matters relating to such clinics and banks and the manner of making a compliant before such grievance cell shall be such as may be prescribed; (g) the clinics shall apply the assisted reproductive technology services, — (i) to a woman above the age of twenty-one years and below the age of fifty years; (ii) to a man above the age of twenty-one years and below the age of fifty-five years; (h) the clinics shall issue to the commissioning couple or woman a discharge certificate stating details of the assisted reproductive technology procedure performed on the commissioning couple or woman; (i) all clinics and banks shall co-operate and make available their premises for physical inspection by the National Board, National Registry and State Boards; (j) all clinics and banks shall provide all information related to— (i) enrolment of the commissioning couple, woman and gamete donors; (ii) the procedure being undertaken; and (iii) outcome of the procedure, complications, if any, to the National Registry periodically, in such manner as may be prescribed. ### 22. Written informed consent. (1) The clinic shall not perform any treatment or procedure without— (a) the written informed consent of all the parties seeking assisted reproductive technology; (b) an insurance coverage of such amount as may be prescribed for a period of twelve months in favour of the oocyte donor by the commissioning couple or woman from an insurance company or an agent recognised by the Insurance Regulatory and Development Authority established under the provisions of the Insurance Regulatory and Development Authority Act, 1999 ( 41 of 1999 ). (2) The clinics and banks shall not cryo-preserve any human embryos or gamete, without specific instructions and consent in writing from all the parties seeking assisted reproductive technology, in case of death or incapacity of any of the parties. (3) The clinic shall not use any human reproductive material, except in accordance with the provisions of this Act to create a human embryo or use an in-vitro human embryo for any purpose without the specific consent in writing of all the concerned persons to whom the assisted reproductive technology relates. (4) Any of the commissioning couple may withdraw his or her consent under sub-section (1), any time before the human embryos or the gametes are transferred to the concerned woman's uterus. Explanation. —For the purposes of this section, the expressions— (i) “cryo-preserve” means the freezing and storing of gametes, zygotes, embryos, ovarian and testicular tissues; (ii) “insurance” means an arrangement by which a company, individual or commissioning couple undertake to provide a guarantee of compensation for specified loss, damage, complication or death of oocyte donor during the process of oocyte retrieval; and (iii) “parties” includes the commissioning couple or woman and the donor. ### 23. Duties of assisted reproductive technology clinics and banks to keep accurate records. — The duties of clinics and banks while keeping the records relating to such clinics and banks are as under:— (a) all clinics and banks shall maintain detailed records of all donor’s oocytes, sperm or embryos used or unused, the manner and technique of their use in such manner as may be prescribed; (b) all clinics and banks shall, as and when the National Registry is established, submit by online, — (i) all information available with them in regard to progress of the commissioning couple or woman; and (ii) information about number of donors (sperm and oocyte), screened, maintained and supplied and the like to the National Registry within a period of one month from the date of receipt of such information; (c) the records maintained under clause (a) shall be maintained for at least a period of ten years, upon the expiry of which the clinic and bank shall transfer the records to a central database of the National Registry: Provided that if any criminal or other proceedings are instituted against any clinics or banks, the records and all other documents of such clinics and banks shall be preserved till the final disposal of such proceedings; (d) in the event of the closure of any clinic or bank before the expiry of the period of ten years under clause (c), such clinic or bank shall immediately transfer the records to the central database of the National Registry; and (e) all such records shall, at all reasonable times, be made available for inspection to the National Board or the National Registry or the State Board or to any other person authorised by the National Board in this behalf. ### 24. Duties of assisted reproductive technology clinics using human gametes and embryos. — While using human gametes and embryos, the duties to be performed by the clinics and banks shall be as under:— (a) the clinics shall retrieve oocytes in such manner as may be specified by regulations; (b) not more than three oocytes or embryos may be placed in the uterus of a woman during the treatment cycle in such manner as may be specified by regulations; (c) a woman shall not be treated with gametes or embryos derived from more than one man or woman during any one treatment cycle; (d) a clinic shall never mix semen from two individuals for the procedures specified under this Act; (e) the embryos shall not be split and used for twinning to increase the number of available embryos; (f) the collection of gametes posthumously shall be done only if prior consent of the commissioning couple is available in such manner as may be prescribed; (g) the clinic shall not use ovum that are derived from a foetus, in any process of in-vitro fertilisation; and (h) such other duties as may be prescribed. Explanation.—For the purposes of this section, the expression— (i) “fertilisation” means the penetration of the ovum by the spermatozoon and fusion of genetic materials resulting in the development of a zygote; and (ii) “foetus” means a human organism during the period of its development beginning on the fifty-seventh day following fertilisation and ending at birth or abortion. Preimplantation Genetic Diagnosis. —(1) The Pre-implantation Genetic testing shall be used to screen the human embryo for known, pre-existing, heritable or genetic diseases only. (2) The donation of an embryo after Pre-implantation Genetic Diagnosis to an approved research laboratory for research purposes shall be done only— (a) with the approval of the commissioning couple or woman; and (b) when the embryo suffers from pre-existing, heritable, life-threatening or genetic diseases. (3) The National Board may lay down such other conditions as it deems fit in the interests of the Pre-implantation Genetic testing. Explanation.—For the purposes of this section, the expression— (i) “Pre-implantation Genetic Diagnosis” means the genetic diagnosis when one or both genetic parents has a known genetic abnormality and testing is performed on an embryo to determine if it also carries a genetic abnormality; and (ii) “Pre-implantation Genetic testing” means a technique used to identify genetic defects in embryos created through in-vitro fertilisation before pregnancy. ### 26. Sex selection.— (1) Subject to the provisions of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, (57 of 1994) the clinic shall not offer to provide a couple or woman with a child of a pre-determined sex. (2) It is prohibited for anyone to do any act, at any stage, to determine the sex of the child to be born through the process of assisted reproductive technology to separate, or yield fractions enriched in sperm of X or Y variations. (3) A person shall not knowingly provide, prescribe or administer anything that shall ensure or increase the probability that an embryo shall be of a particular sex, or that shall identify the sex of an in-vitro embryo, except to diagnose, prevent or treat a sex-linked disorder or disease. ### 27. Sourcing of gametes by assisted reproductive technology banks. (1) The screening of gamete donors, the collection, screening and storage of semen; and provision of oocyte donor, shall be done only by a bank registered as an independent entity under the provisions of this Act. (2) The banks shall— (a) obtain semen from males between twenty-one years of age and fifty-five years of age, both inclusive; (b) obtain oocytes from females between twenty-three years of age and thirty-five years of age; and (c) examine the donors for such diseases, as may be prescribed. (3) A bank shall not supply the sperm or oocyte of a single donor to more than one commissioning couple. (4) An oocyte donor shall donate oocytes only once in her life and not more than seven oocytes shall be retrieved from the oocyte donor. (5) All unused oocytes shall be preserved by the banks for use on the same recipient, or given for research to an organisation registered under this Act after seeking written consent from the commissioning couple. (6) A bank shall obtain all necessary information in respect of a sperm or oocyte donor, including the name, Aadhaar number as defined in clause (a) of section 2 of the Aadhaar(Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016, address and any other details of such donor, in such manner as may be prescribed, and shall undertake in writing from such donor about the confidentiality of such information. Explanation. —For the purposes of this section, the expressions— (i) “retrieval” means a procedure of removing oocytes from the ovaries of a woman; (ii) “screening” means the genetic test performed on embryos produced through in-vitro fertilisation. ### 28. Storage and handling of human gametes and embryos. (1) The standards for the storage and handling of gametes, gonadal tissues and human embryos in respect of their security, recording and identification shall be such as may be prescribed. (2) The gamete of a donor or embryo shall be stored for a period of not more than ten years and at the end of such period such gamete or embryo shall be allowed to perish or be donated to a research organisation registered under this Act for research purposes with the consent of the commissioning couple or individual, in such manner as may be prescribed. ### 29. Restriction on sale, etc., of human gametes, zygotes and embryos. The sale, transfer or use of gametes, zygotes and embryos, or any part thereof or information related thereto, directly or indirectly to any party within or outside India shall be prohibited except in the case of transfer of own gametes and embryos for personal use with the permission of the National Board. Explanation. —For the purposes of this section, the expression “zygote” means the fertilised oocyte prior to the first cell division. ### 30. Research on human gametes and embryos. (1) The use of any human gametes and embryos or their transfer to any country outside India for research shall be absolutely prohibited. (2) The research on human gamete or embryo within India shall be performed in such manner as may be prescribed. ### 31. Rights of child born through assisted reproductive technology. (1) The child born through assisted reproductive technology shall be deemed to be a biological child of the commissioning couple and the said child shall be entitled to all the rights and privileges available to a natural child only from the commissioning couple under any law for the time being in force. (2) A donor shall relinquish all parental rights over the child or children which may be born from his or her gamete. Chapter V OFFENCES AND PENALTIES ------------------------------------- ### 32. Sex selective assisted reproductive technology. (1) The clinic, or bank or agent thereof, shall not issue, publish, distribute, communicate or cause to be issued, published, distributed or communicated any advertisement in any manner including internet, regarding facilities of sex selective assisted reproductive technology. (2) Whoever contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which shall not be less than five years but may extend to ten years or with fine which shall not be less than ten lakh rupees but may extend to twenty-five lakh rupees or with both. ### 33. Offences and penalties. (1) Any medical geneticist, gynaecologist, registered medical practitioner or any person shall not— (a) abandon, disown or exploit or cause to be abandoned, disowned or exploited in any form the child or children born through assisted reproductive technology; (b) sell human embryos or gametes, run an agency, a racket or an organisation for selling, purchasing or trading in human embryos or gametes; (c) import or help in getting imported in whatsoever manner, the human embryos or human gametes; (d) exploit the commissioning couple, woman or the gamete donor in any form; (e) transfer human embryo into a male person or an animal; (f) sell any human embryo or gamete for the purpose of research; or (g) use any intermediates to obtain gamete donors or purchase gamete donors. (2) Whoever contravenes the provisions of clauses (a) to (g) of sub-section (1), shall be punishable with a fine which shall not be less than five lakh rupees but may extend to ten lakh rupees for the first contravention and for subsequent contravention, shall be punishable with imprisonment for a term which shall not be less than three years but may extend to eight years and with fine which shall not be less than ten lakh rupees but may extend to twenty lakh rupees. ### 34. Punishment for contravention of provisions of Act or rules for which no specific punishment is provided. Whoever contravenes any of the provisions of this Act or any rules made thereunder, for which no penalty has been provided in this Act shall be punishable as per sub-section (2) of section 33. ### 35. Cognizance of offences. (1) No court shall take cognizance of any offence punishable under this Act, save on a complaint made by the National Board or the State Board or by an officer authorised by it. (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. ### 36. Offences to be cognizable and bailable. Notwithstanding anything contained in the Code of Crimincal Procedure, 1973 (2 of 1974), all the offences under this Act shall be cognizable and bailable. ### 37. Offences by clinics or banks. (1) Where an offence under this Act has been committed by any clinic or bank, the executive head of such clinic or bank shall be deemed to be guilty of an offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by any clinic or bank 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 executive head of the clinic or bank, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Chapter VI MISCELLANEOUS ----------------------------- ### 38. Power of Central Government to issue directions to National Board, National Registry and appropriate authority. (1) The Central Government may, from time to time issue to the National Board, the National Registry and the appropriate authority with respect to the Union territory, such directions as it may think necessary in the interest of the sovereignty and integrity of India, security of the State, friendly relation with foreign States, public order, decency or morality. (2) Without prejudice to the foregoing provisions of this Act, the National Board, the National Registry and the appropriate authority shall, in exercise of its powers or the performance of its functions under this Act, be bound by such directions on questions of policy as the Central Government or the State Government, as the case may be, may give in writing to it from time to time: Provided that the National Board shall, as far as practicable, be given an opportunity to express its views before any direction is given under sub-section (1) . (3) If any dispute arises between the Central Government and the National Board as to whether a question is or is not a question of policy, the decision of the Central Government shall be final. ### 39. Power of State Government to issue directions to State Board, etc. (1) The State Government may, from time to time issue to the State Board and to the appropriate authority with respect to the State Government such directions as it may think necessary in the interest of the sovereignty and integrity of India, security of the State, friendly relation with foreign States, public order, decency or morality. (2) Without prejudice to the foregoing provisions of this Act, the State Board and the appropriate authority shall, in exercise of its powers or the performance of its functions under this Act, be bound by such directions on questions of policy as the State Government may give in writing to it from time to time: Provided that the State Board and the appropriate authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under sub-section (1) . (3) If any dispute arises between the State Government and the State Board as to whether a question is or is not a question of policy, the decision of the State Government shall be final. ### 40. Power to search and seize records, etc. (1) If the National Board, the National Registry or the State Board has reason to believe that an offence under this Act has been or is being committed at any facility using assisted reproductive technology, such Board or any officer authorised in this behalf may, subject to such rules as may be prescribed, enter and search at all reasonable times with such assistance, if any, as such Board or officer considers necessary, such facility using assisted reproductive technology and examine any record, register, document, book, pamphlet, advertisement or any other material object found therein and seize the same, if the said Board has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act. (2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches and seizures shall, so far as may be, apply to every search or seizure made under this Act. ### 41. Protection of action taken in good faith. No suit, prosecution or other legal proceeding shall lie against the Central Government or the State Government or the National Board or the National Registry or the State Board or the appropriate authority or any other officer authorised by the Central Government or the State Government or the National Board or the National Registry or the State Board or the appropriate authority for anything which is done in good faith or intended to be done in pursuance of the provisions of this Act or the rules or regulations made thereunder. ### 42. Power to make rules. (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 may provide for— (a) the other powers and functions of the National Board under clause (g) of section 5; (b) the other powers and functions of the State Board under clause (b) of sub-section (2) of section 8; (c) the terms of office and other conditions of service of scientific, technical and other employees of the National Registry under section 10; (d) the other functions of the National Registry under clause (d) of section 11; (e) the other functions of the appropriate authority under clause (h) of section 13; (f) the other powers to be exercised by the appropriate authority under clause (d) of sub-section (1) of section 14; (g) the format for granting of licences to the clinic or bank by the appropriate authority under sub-section (2) of section 14; (h) the form and manner in which an application shall be made for registration and fee payable thereof under sub-section (2) of section 15; (i) the facilities and equipments to be provided and maintained by the clinics and banks under sub-section (4) of section 15; (j) the conditions, form and fee for application of renewal of the registration of clinic or bank under section 17; (k) the manner in which an appeal may be preferred to the State Government or the Central Government under section 19; (l) the criteria for availing the assisted reproductive technology procedures under clause (a) of section 21; (m) the medical examination of the diseases with respect to which the donor shall be tested under clause (b) of section 21; (n) the manner of making a complaint before a grievance cell and the mechanism adopted by the clinic under clause (f) of section 21; (o) the manner of providing information by the clinics and banks to the National Registry under clause (j) of section 21; (p) the amount of insurance coverage for oocyte donor under clause (b) of sub-section (1) of section 22; (q) the manner of maintaining the records by the clinics and banks under clause (a) of section 23; (r) the manner of collection of gametes posthumously under clause (f) of section 24; (s) the other duties of clinics under clause (h) of section 24; (t) the examination of the donors by the assisted reproductive technology banks for diseases under clause (c) of sub-section (2) of section 27; (u) the manner of obtaining information in respect of a sperm or oocyte donor by a bank under sub-section (6) of section 27; (v) the standards for the storage and handling of gametes, human embryos in respect of their security, recording and identification under sub-section (1) of section 28; (w) the manner of obtaining the consent of the commissioning couple or individual for perishing or donating the gametes of a donor or embryo under sub-section (2) of section 28; (x) the manner of performing research on human gametes or embryo within India under sub-section (2) of section 30; (y) the manner of entry and search by the National Board, the National Registry or the State Board or any officer authorised by it under sub-section (1) of section 40; (z) any other matter which is to be, or may be prescribed, or in respect of which provision is to be made by rules. ### 43. Power to make regulations. (1) The National Board may, with the prior approval of the Central Government, by notification make regulations consistent with this Act and the rules made thereunder to carry out the provisions of the Act; (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for— (a) the manner of retrieving the oocytes under clause (a) of section 24; (b) the manner of placing the oocytes or embryos in the uterus of a woman under clause (b) of section 24; and (c) any other matter which is required to be, specified by regulations or in respect of which provision is to be made by regulations. ### 44. Laying of rules, regulations and notifications. Every rule or regulation made and notification issued under this Act shall be laid, as soon as may be after it is made or issued, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rules or regulations or notifications, as the case may be or both Houses agree that the rules or regulations or notifications, as the case may be, should not be made or issued, such rules or regulations or notifications, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or notification, as the case may be. ### 45. Application of other laws not barred. The provisions of this Act shall be in addition to, and not in derogation of, the provisions of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 ( 57 of 1994 ) and the Clinical Establishment (Registration and Regulation) Act, 2010 ( 23 of 2010 ) or of any other law for the time being in force. ### 46. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of three years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be made, be laid before each House of Parliament.
65ba5e72ab84c7eca86eb144	acts	State of Tamilnadu- Act ------------------------- Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Rules, 1967 ------------------------------------------------------------------------------ TAMILNADU India Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Rules, 1967 ============================================================================== Act 410 of 1976 ----------------- * Published on 13 October 1976 * Commenced on 13 October 1976 Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Rules, 1967 Published vide Notification No. G. O. Ms. No. 1439, C.T. &R.E., dated 13th October 1976 - S. R. O. No. A-410 of 1976 G. O. Ms. No. 1439, C.T. &R.E., dated 13th October 1976 - S. R. O. No. A-410 of 1976. - In exercise of the powers conferred by section 73 read with sub-section (5) of section 72-A of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963 (Tamil Nadu Act 26 of 1963 ), the Governor of Tamil Nadu hereby makes the following Rules:- ### 1. Short title. - These Rules may be called the Tamil Nadu Inam Estates (Abolition and Conversion Into Ryotwari) Rules, 1967. ### 2. Definitions. - In these Rules, unless the context otherwise required,- (a) "Act" means the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963 (Tamil Nadu Act 26 of 1963 ); (b) "Amendment Act" means the Tamil Nadu Inam Estates and Minor Inams (Abolition and Conversion into Ryotwari) Amendment Act, 1975 (Tamil Nadu Act 26 of 1975); (c) "Form" means a Form appended to these Rules; (d) "Rent" means the arrears of fair rent due under sub-section (4) of section 72-A of the Act. ### 3. Deposit of rent in Courts. (1) The rent shall be paid to the owner or deposited in Court in three instalments in the manner specified under these Rules within a period of one year. (2) Every cultivating tenant desirous of depositing the rent shall deposit the same in the nearest Treasury or Sub-Treasury. ### 4. Procedure for deposit of rent in Court. - The Challan accompanying the deposit shall be in M.T.C. Form 10 in triplicate and shall specify as nearly as possible the following particulars:- (a) Name and address of the cultivating tenant depositing the rent; (b) Name and address of the owner or owners of the land to whom the rent is due; (c) The Head of Account to which the rent is credited, namely:- "Deposits and Advances, etc., Civil Deposits, Civil Court Deposits, Deposits by Cultivating Tenants under the Tamil Nadu Estates (Abolition Conversion into Ryotwari) Act, 1963." ### 5. Application for deposit of rent. - Every cultivating tenant depositing the rent shall make an application to the Court in Form I together with the challan for the deposit of the amount into the Treasury or the Sub-Treasury, as the case may be, in person or through his authorised agent. ### 6. Notice to the owners of the land. - On receipt of the application under rule 5, the Court shall fix a date for hearing the application and shall cause a notice of the dates so fixed to be served on the owner or owners of the land mentioned in the application. ### 7. Procedure for the disbursement of the rent deposited by the cultivating tenant. (1) On the dates fixed under Rule 6 or on any subsequent date to which the hearing may be adjourned, the owner of the land may appear in person or through his authorised agent. (2) If the owner of the land admits the correctness of the averments made in the application, he may file a petition expressing his willingness to accept the money deposited in full discharge of such rent and received die money so deposited. (3) If the owner of the land does not admit the correctness of the averments in the application, he may file a counter-statement verified in the manner prescribed by the Code of Civil Procedure, 1908 (Central Act V of 1908) and the Court shall, thereupon, after taking such evidence or making such enquiry as may be deemed necessary, pass order on the application in accordance with the provisions of the Act. Form I (See rule 5) Application for Deposit of Rent Under Section 72-A(4) of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963 (Tamil Nadu Act 26 of 1963 ) (1) Name and address of the cultivating tenant. (2) Particulars of lands cultivated. \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Name of the village and taluk \| Survey number \| Local name, if any \| Classification (wet, dry, garden, manavari) \| Extent \| \| (1) \| (2) \| (3) \| (4) \| (5) \| \| \| \| \| Total \| \| (3) (a) Total amount of rent due and the period for which arrears of rent relates. (b) The market value of the rent if it is payable in kind. (4) Name and address of the owner of the land to whom rent is due. (5) Amount of rent deposited and the period to which it relates. (6) Remarks. Place: Date: Signature of the applicant. Declaration of The Applicant I declare that I am a cultivating tenant entitled to the benefits provided under section 72-A of the said Act. Signature of the applicant.
65b9e26fab84c7eca86ea2d2	acts	State of Assam - Act ---------------------- The Assam Embankment and Drainage Act, 1953 --------------------------------------------- ASSAM India The Assam Embankment and Drainage Act, 1953 ============================================= Act 1 of 1954 --------------- * Published on 3 February 1954 * Commenced on 3 February 1954 The Assam Embankment and Drainage Act, 1953 Assam Act 1 of 1954 Last Updated 12th February, 2020 [Passed by Assembly] Published in the Assam Gazette, dated the 3rd February, 1954. [Received the assent of the President on the 22nd January, 1954]. An [Act] [Adapted by Meghalaya and Manipur.] to provide for better provision for the construction, removal and upkeep of embankments and for the drainage and improvements of lands in Assam. Preamble. - Whereas it is expedient to replace the existing Act by a new law with better provisions for the constructions, maintenance, management, removal and control of embankment and for the drainage and improvement of lands in Assam ; It is hereby enacted as follows : ### 1. Short title, extent and commencement. (1) This Act may be called the Assam Embankment and Drainage Act, 1953. (2) It extends to the whole of Assam. (3) It shall come into force on such date as the State Government may specify by notification in the official Gazette in that behalf. ### 2. Definitions. - In this Act unless there is anything repugnant in the subject or context,- (i) "Cattle" includes also elephants, buffaloes, horses, ponies, mules, asses, pigs, sheep and goats. (ii) "Cost" means the capital cost of a work including that of the connected survey but does not include any maintenance or interest charges. (iii) "Court" means a principal Civil Court of original jurisdiction. (iv) "Deputy Commissioner" means the Deputy Commissioner of the District in which any embankment or drain is situated or proposed and includes the Additional Deputy Commissioner of the said District or any other officer empowered by the State Government to discharge the functions of a Deputy Commissioner under this Act. (v) "Drain" includes dongs and irrigation channels in the plains, a tunnel, a culvert, a ditch, a channel, a canal, a syphon, a sluice or artificial water course of any other description and any other device for excluding, regulating or retaining waster, flood water or sub-soil water. (vi) (a) "Embankment" means any embankment, public or private, constructed for the purpose of excluding, regulating or retaining water and includes all earthen or masonry walls, dams, spilways, piers, groins, sluices, syphons, water gauges, bench-mark and other works connected with any such embankment and land appurtenant thereto ; but does not include any "ail" or ridge surrounding or dividing a field or any public or private road. (b) "Private Embankment" means any embankment which is not a public embankment. (c) "Public Embankment" means any embankment vested in the State Government or under the control and administration of the State Government or any Local Board, Municipal Board or Town Committee. (vii) "Embankment Officer" means the Executive Engineer of any Division and any other officer not below the rank of Executive Engineer whom the State Government may declare to be such. (viii) (a) "Occupier" means the person residing in or in possession of any house, land or place. (b) "Owner" shall include proprietors and settlement holders as defined in the Assam Land Revenue Regulation, 1886 (Regulation 1 of 1886) and every intermediate tenant between the proprietor or settlement holder and the occupier and with respect to unsettled waste land, shall mean State Government. (ix) "Prescribed" means prescribed by rules made under this Act. (x) "Rate" means either water rate or betterment cess or both levied under Section 11 of this Act. ### 3. Right of entry upon private land and payment for damage. - (i) Whenever it appears to the State Government that any embankment or drainage work is likely to be necessary in any locality, a notification to that effect shall be published in the official Gazette, and the Deputy Commissioner shall cause public notice of the substance of such notification to be given at convenient places in the said locality on a date not less than two months in advance of taking up the execution of works. (ii) Upon publication of the modification under sub- section (i) it shall be lawful for any officer generally or specially authorised by the State Government in this behalf and for his servants and workmen to enter upon, survey and take levels of any land, whether covered with water or not ; to dig or bore into the sub-soil to make and set up suitable landmarks, level marks and watergauges and do all acts necessary for investigation of survey of a scheme, or collection of information or data under this Act. (iii) When for the purpose of such inquiry it appears to the officer authorised under sub-section (ii) that it is indispensable to cut down and clear away any part of any standing crop, fence, trees or jungle, he or any other person acting under his orders may do so provided that as far as possible cutting of crops should be avoided. (iv) Every proprietor and settlement holder of any land and every person entitled to receive rent in respect of any land or occupying any land as a tenant shall on the written requisition of the Embankment Officer furnish such information or direct assistance as may be required by the Officer for the purpose of necessary data for any proposal under the Act: Provided that if the aforesaid Officer or person acting under his orders proposes to enter into any enclosed court or garden attached to a dwelling house he shall previously give the occupier of such court or garden at least 2 days' notice in writing of his intention to do so. (v) The Officer so authorised shall pay or tender payment for all damages done as aforesaid within one month of such entry and in case of any dispute as to the sufficiency to the amount so paid or tendered or as to the right to receive such compensation, the matter shall be referred to the Deputy Commissioner for decision on an application being made by the person entitled to receive compensation within six months of the date on which the payment is tendered or made. Thereupon the Deputy Commissioner shall make a decision which shall be based on an inquiry held either by himself or a Gazetted Officer not below the rank of an Extra Assistant Commissioner authorised by him in this behalf. (vi) A person aggrieved by the decision of the Deputy Commissioner may within one month of the decision apply to the Deputy Commissioner for referring the matter to the Court. ### 4. Construction, removal or alterations of embankments or removal of obstructions. - (i) The Embankment Officer shall have the power to initiate a scheme for- (a) removing or altering any embankment or drain or any obstruction of any kind which in his opinion endangers the safety of any town or inhabited area, or is likely to cause damage to crop and extensive loss of property by interfering with the general drainage or the flood drainage of any tract of land ; and (b) constructing any embankment or drain, which in his opinion will improve the land and cultivation of any area and the absence of which in his opinion endangers the safety of any inhabited area or cause flooding or failure of crops. (ii) For the purpose of initiating a scheme as above, the Embankment Officer shall make preliminary investigation and reconnaissance surveys as he finds necessary to come to a conclusion regarding the feasibility and soundness of the scheme before he submits the same to the State Government with the recommendations. He will also obtain the opinion of the District Heads of the Departments of Revenue, Agriculture and Public Health to the proposals, who shall furnish their opinion to the embankment Officer when sought by him. ### 5. Application for a drain or a new embankment or a sluice in a public embankment. - (i) (a) If any person, or body of persons, desires that a bridge, culvert, syphon, sluice or any other device be made in any public embankment for the purpose of drainage or irrigation; or (b) If within any local area to which Section 16(ii) has been applied, any person or body of persons desires that any new embankment or drain be constructed or that any existing embankment or drain be altered or removed; such person or body of persons shall make an application in writing to the Deputy Commissioner of the District in which such embankment or drain is situated or proposed. (ii) Fees on application. - At the time of making such application an applicant unless he is applying on behalf of a body of persons or the general public shall deposit the sum of Rupees 50 towards the expenses of survey, etc., necessary to investigate the soundness of the proposals : Provided that if during the enquiry it appears that the proposal is likely to benefit an individual only and the aforesaid sum of Rs. 50 had not already been paid, the Deputy Commissioner or the Embankment Officer may call upon such individual to deposit the said sum within a specified time and on his failure to do so, no action shall be taken on his application. ### 6. Procedure for enquiry. - (i) When an application has been made to the Deputy Commissioner under Section 5, he shall forward the application to the Embankment Officer and if the Embankment Officer after necessary enquiry considers the petition as bona fide and the proposals put forward therein as sound, be beneficial and feasible from technical points of view he shall forward the proposals to the State Government with his recommendations sending a copy to the Deputy Commissioner for information. (ii) The State Government may, in certain cases, receive such applications direct from the public and forward such application to the Embankment Officer calling for report on the feasibility, soundness or otherwise of the proposal from the technical point of view subject to his being satisfied after enquiry that the application is bona fide and the proposals embodied therein is likely to be beneficial. ### 7. Preparation of Scheme for improvement of drains, embankments and flood protection. - Whenever from any action taken under Sections 4, 5 and 6 it appears to the State Government that any embankment or drainage work is necessary for the improvement of any lands or for the proper cultivation or irrigation thereof or for protection from floods, other accumulations of water or from erosion by a river or for the improvement of the health of any tract the State Government may, cause a detailed survey of the Scheme to be made and a scheme for such embankment and drainage work to be drawn up by the Embankment Officer and published together with an estimate of its cost and a statement of the proportion of such cost as the State Government propose to recover by imposition of betterment cess or water rate and the period during which such imposition will be in force : Provided that before taking any action under this section, the State Government shall consult the railway or any Local body which is directly affected by any such scheme. ### 8. Calling for objections. (1) As soon as possible after the publication of the scheme under Section 7, the Deputy Commissioner or where the scheme affects persons in more than one Districts, the State Government shall by a proclamation, invite the objections to the scheme to be submitted to the Deputy Commissioner or the State Government, as the case may be, allowing one month's time from the public and any Railway Administration, Panchayat, Municipality or Town Committee likely to be affected. (2) On receipt of any objection under sub-section (1), the Deputy Commissioner or where the scheme affects persons in more than one Districts, the State Government shall publish a notice stating the place, date and time at which an enquiry will be held by the Deputy Commissioner or the State Government, as the case may be, for the purpose of ascertaining the validity or otherwise of the objection : Provided that the State Government may, by general or special order authorise any person to make the enquiry if the scheme affects the person in more than one Districts. (3) After the enquiry has been completed the Deputy Commissioner or where the enquiry is held by any person authorised by the State Government under the preceding sub-section the person so authorised shall forward the objections along with his recommendations to the State Government. (4) The Deputy Commissioner or the person so authorised by the State Government under sub-section (2), as the case may be, shall at the time of holding the enquiry, obtain the advice of the Embankment Officer on technical points. ### 9. Completion of scheme. - After the taking into consideration any objections and recommendations made under Section 8, the State Government may direct that the scheme drawn up under Section 7 with such consequential modifications as the Government deem necessary, be put into operation and completed forthwith or within such period as may be fixed. ### 10. Disposal of claims to compensation. - (i) Whenever any- (a) obstruction is removed or embankment or drain removed, constructed or altered under Section 4(i)(a) and (b); or (b) embankment or drainage work carried out under Section 9 ; or (c) emergent work undertaken under Section 16(v) and in direct consequence thereof there has occurred stoppage or diminution of supply of water in any existing drain or accumulation or diminution of water in any place, resulting in deterioration, in the productivity of any land or any other loss or damage arising from any of the causes referred to in Clauses (a), (b) and (c) which is capable of being estimated ; or (d) right of fishery, right of drainage, right of use of water or other right of property, other than those as mentioned above, has been injuriously affected ; any person feeling aggrieved by any of the causes referred to in clauses (a) , (b), (c) and (d) may claim compensation before the Deputy Commissioner within two years from the date of physical completion of the work as notified by the State Government and the Deputy Commissioner shall award such compensation as he considers fair and reasonable after enquiry in the prescribed manner. In determining the amount of such compensation regard shall be had to the diminution of the market value at the time of occurrence of loss or damage of the property in respect of which compensation is claimed ; and where such market value is not ascertainable, the amount of compensation shall be reckoned by taking into account the extent of diminution of estimated annual net profit of such property : Provided that where, in the opinion of the Deputy Commissioner there is likely to be delay in determination of the compensation, the Deputy Commissioner may at his discretion, determine provisionally the amount which in his opinion is likely to be finally determined as compensation and make, on account, payment up to 60 percentum of the amount after taking such securities as the Deputy Commissioner thinks fit: Provided further that where loss, damage or deterioration is manifest e.g., where because fall between the rivers and embankment rendering them unsafe and unhabitable, the Deputy Commissioner may, on his own accord, determine the compensation immediately after the directions are issued by the State Government under Section 9. In determining the amount of such compensation regard shall also be had to the acquisition of alternative land and of shifting the houses to such alternative land. In case alternative land is provided to the affected person by the State Government no compensation shall be payable for the land affected. (ii) An appeal against the decision of the Deputy Commissioner shall lie to the court, but no appeal shall be entertained unless it is made within 90 days of the date of the Deputy Commissioner's decision. (iii) No claim for compensation shall be entertained after the expiry of two years from the date of the completion as notified unless the Deputy Commissioner is satisfied that the claimant has sufficient cause for not making the claim within such period : Provided that no compensation shall be awarded for any damage caused by- (a) deterioration of climate or soil; (b) stoppage of irrigation or of the means of drifting timber or watering cattle ; (c) displacement of labour ; (d) stoppage or diminution or increase of percolation of flood. ### 11. Levy on settled lands under Section 9 by State Government. - For all works carried under Section 9 the State Government may unless they decide in specific cases, levy on settled lands either an annual water rate or betterment cess or both and on unsettled Government cess land improved by the works, a premium payable on settlement of such land, and either on annual water rate or betterment cess or both, so as to realise the initial cost of Scheme in full or in part and that of its maintenance in the manner as Government may prescribe. The total of either of the annual water rate or betterment cess or both or premium to be levied under a scheme shall be fixed as nearly as possible so as not to exceed the following limits : (i) Ten per cent per annum on the first cost of the said works adding thereto to the estimated yearly cost of maintenance and supervision of the same. (ii) Such rate may be varied from time to time within such maximum as may be determined by the State Government : Provided that if the State Government is satisfied that due to any unforeseen circumstances or natural causes any area or part thereof falling under a Scheme ceases to receive any benefit in full or part from such Scheme, the State Government may, by notification in the official Gazette abate or reduce the annual water rate or betterment cess or both for such of the area as may be determined. ### 12. Levy of rate or cess on works existing from before. - It shall be lawful for the State Government to levy a similar water rate or betterment cess on land improved by Embankment and Drainage Schemes executed by the Government before the commencement of this Act and take action under Section 13 for such lands as if this Act has been in force from before. ### 12A. Recovery of arrears of land revenue. - Any rate or premium chargeable under this Act, if not paid on demand, shall be recoverable as an arrear of land revenue. ### 13. Preparation of schedule of lands. - As soon as possible after a Scheme comes into operation under this Act the State Government shall get a schedule of lands, chargeable under the scheme as required under Section 11, prepared by Deputy Commissioner. The Deputy Commissioner shall, in consultation with the Embankment Officer, cause to be prepared from cadastral or other map of the district a map showing the boundaries of land that has been improved under the Scheme and a schedule of estates showing therein together with rates proposed to be charged per bigha according to the degree of benefit derived. The Deputy Commissioner shall publish the schedule mentioned above, in such places as may be deemed necessary and then invite objections, if any, by a proclamation allowing one month's time. On receipt of any objection the Deputy Commissioner shall publish a notice stating the place, date and time at which the enquiry will be held for the purpose of ascertaining the validity of the objections. Any person aggrieved by the decision of the Deputy Commissioner may appeal to the Commissioner, within one month from the decision. After the period of limitation and in case there is an appeal, after the decision of the Commissioner, the Deputy Commissioner shall forward the schedule with any consequential modifications made therein to the State Government for approval. After such approval of the rates and schedule of the lands with or without any modifications, found necessary by the State Government, the rates will become payable from such date as may be specified. ### 14. Vesting of certain rights in the State. - The right of access to and maintenance of any embankment or drain and portion thereof, constructed, improved or repaired under any provision of this Act, vest in and be under the control and administration of the State Government. ### 15. Penalties for trespass on embankments and drains. - (i) Any person who, without the permission of the Embankment Officer- (a) grazes any cattle or allows any cattle belonging to him or in his charge to trespass on any public embankment or drain, or (b) cuts or uproots or otherwise damages any trees, shrubs or grass growing on any public embankment or drain, or (c) takes any vehicle over or across any public embankment or drain, or (d) damages or obstructs any embankment or drain constructed or repaired or maintained under the provisions of this Act, or (e) constructs, removes or alters any embankment or drain in such manner as will adversely affect the area served by the Scheme under this Act, shall be punished with punishment of either description for a term which may extend to six months, or with fine which may extend to two hundred rupees, or with both. (ii) No person shall, without due authority, cut through any embankment or drain or destroy or attempt to destroy, any such embankment or drain or open or shut or obstruct any sluice in any embankment or drain or any public watercourse and every person who commits any breach of the provision of this sub- section shall be liable to imprisonment of either description which may extend to a term of three years and to a fine Which may extend to one thousand rupees. ### 16. Penalties for constructing, maintaining, etc., an embankment or drain. - (i) Whenever it appears to the State Government that in any area any public or private embankment, drain or other works ancillary thereto require to be protected, maintained or improved or that extension, construction, removal, repair or alteration of any such work should be regulated in public interest, the Government may, by notification in the official Gazette, apply the provisions of this section to such area. (ii) Any person who without the permission of the Deputy Commissioner or the Embankment Officer constructs, removes, alters, damages any embankment or drain, within the limits of any local area to which this section has been applied shall be punished with imprisonment of either description which may extend to a term of three years and to a fine which may extend to one thousand rupees. (iii) The Deputy Commissioner or the Embankment Officer may, by notice, require any person who constructs or alters any embankment or drain in contravention of the provisions of sub- section (ii) above to remove the same within a reasonable time to be specified in the notice. (iv) Notice for removal of embankment or drain and penalties for neglect of such removal. - If any embankment or drain the removal of which has been required by notice under sub-section (iii) is not removed within the time specified in the notice, the Deputy Commissioner or the Embankment Officer may cause the same to be removed. (v) In case of grave and imminent danger to life or property the Embankment Officer or the Deputy Commissioner may forthwith get unauthorised embankment or drain removed and notify the persons concerned thereafter. (vi) The cost of the removal of any embankment or drain, removed under the provisions of sub-section (iv) shall be recoverable as an arrear of land revenue either from the person who constructed or altered the embankment or drain or who caused it to be constructed or altered or jointly and severally from both such persons as the Deputy Commissioner may determine. ### 17. Repairing damages or preventing accidents. - In case of any accident happening or being apprehended to any embankment or drain, any Embankment Officer or any person acting under his personal or special orders in this behalf may enter upon any land adjacent to such embankment or drain and may execute all works which may be necessary for the purpose of repairing damages or preventing such accidents. In every such case the Embankment Officer or person acting under his general or special orders shall tender compensation to the owner or occupier of the said land for all damages done thereto. If such tender is not accepted the Embankment Officer shall refer the matter to the Deputy Commissioner who shall proceed to award compensation for the damages done in accordance with the provisions of sub-section (v) of Section 3 of this Act. ### 18. Prior consultation with the Public Works and Public Health Departments. - (i) In deciding on all questions involving technical matters under the provisions of this Act, the Deputy Commissioner shall first consult the Public Works Department. (ii) Before any capital work is undertaken the Public Health Department shall be consulted. ### 19. Certain persons deemed to be public servants. - Every person authorised to function under any provision of this Act shall be deemed to be a public servant within the meaning of the Indian Penal Code. ### 20. Power to make rules. - The State Government may, subject to the condition of previous publication, make rules generally to carry out the provisions of this Act and in particular to regulate the following matters : (a) the proceedings of any officer who, under any provisions of this Act, is required or empowered to take action in any matter ; (b) the manner in which an order or public notice issued under the provisions of this Act shall be published ; (c) the manner in which assessment and recovery of costs under this Act shall be made. ### 21. Indian Railways Act, 1890 (Act 9 of 1890.) not affected. - Nothing in this Act shall affect the provisions of the Indian Railways Act, 1890. ### 22. Repeal. - The Assam Embankment and Drainage Act, 1941 is hereby repealed.
65baaa20ab84c7eca86ec4c3	acts	State of Gujarat - Act ------------------------ Gujarat Wild Animals and Wild Birds Protection Act, 1963 ---------------------------------------------------------- GUJARAT India Gujarat Wild Animals and Wild Birds Protection Act, 1963 ========================================================== Act 32 of 1963 ---------------- * Published on 30 May 1963 * Not commenced 1. Repealed by [Wild Animals and Wild Birds Protection (Repeal) Act, 2004 (Act 15 of 2004) on 26 May 2004 ] An Act to make adequate provisions for the protection of wild animals and birds in the State of Gujarat. It is hereby enacted in the fourteenth Year of the Republic of India as follows:- \* [Received the assent of the President on 30th May, 1963 and published in the "Gujarat Government Gazette" on the 6th June 1963] Chapter-I - Preliminary Chapter I ----------- Preliminary. ### 1. Short title, extent and commencement.- (1) This Act may be called the Gujarat Wild Animals and Wild Birds Protection Act, 1963. (2) It extends to the whole of the State of Gujarat. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. ### 2. Definitions.- In this Act, unless the context otherwise requires- (a) ‘Animal and Bird’ include the young animals or birds, as the case may be; (b) ‘Big Game’ means any animal specified in Schedule III or IV; (c) ‘Game’ means any animal or bird specified in Schedule II, III or IV; (d) ‘Game Officer’ means any Officer, warden or servant appointed or authorised for any of the purposes of this Act; (e) ‘hunt’ means to hunt, kill or capture any animal or bird by any method and includes every attempt to kill or capture it or to take or destroy any part of its body or eggs or nest or to disturb its eggs or nest; (f) ‘licence’ means a licence granted under this Act; (g) ‘meat’ includes fat, blood, flesh and bones; (h) ‘permit’ means a permit granted under this Act; (i) "prescribed" means prescribed by rules; (j) ‘rules’ means rules made under section 49; (k) ‘Schedule’ means a Schedule appended to this Act; (l) ‘Small Game’ means any animal or bird specified in Schedule H; (m) ‘trophy’ means the durable part of an animal or a bird which has been preserved by any means whether natural or artificial, and includes the head or horn, tooth, tusk, bone, claw, hoof, skin, hair, feather, eggs or nest of any bird, but does not include any article manufactured from any such part of the animal or bird as aforesaid; (n) ‘vermin’ means any animal or bird specified in Schedule I and includes any animal or bird declared to be vermin under section 19. ### 3. Domesticated and other animals and birds in captivity exempted.- Nothing in this Act shall apply to domesticated, or other animals or birds which are lawfully captured and kept in captivity. Chapter-II - Authorities to be appointed or constituted under the Act Chapter II ------------ Authorities to be appointed or constituted under the Act. ### 4. Appointment of Wild Life ??? Officer, Game War-dene and the game officers.- (1) The State Government may for the purposes of this Act appoint,- (a) the Wild Life Preservation Officer for the State of Gujarat: (b) Game Wardens either honorary or stipendary; (c) such other officers and servants as may be necessary. (2) The honorary Game Warden shall ordinarily hold office for a period of three years: Provided that the State Government may terminate his tenure of office at any time without assigning any reason. (3) The Game Wardens and other officers and servants appointed under this section shall be subordinate to the Wild Life Preservation Officer. ### 5. Delegation of powers by Wild Lift Preservation Officer.- The Wild Life Preservation Officer may, with the approval of the State Government, by order in writing delegate any of his powers and duties under any of the provisions of this Act to any officer subordinate to him, subject to such conditions, if any, as may be specified in the order. ### 6. Constitution of State Wild Life Advisory Board.- (1) As soon as possible after the coming into force of this Act, the State Government shall constitute an advisory board hereinafter called "the State Wild Life Advisory Board" consisting of the following ex-officio and other members nominated by the State Government, namely:- (a) The Minister-in-charge of Forests, Government of Gujarat as the Chairman; (b) Two representatives of the Gujarat Legislative Assembly; (c) Five non-officials who in the opinion of the State Government are interested in the protection of wild animals and birds; (d) One representative of the Gujarat Natural History Society; (e) Four officials of Government. (2) . The Wild Life Preservation. Officer shall be the Secretary of the Board. (3) . The members shall ordinarily hold office on such terms as to tenure and vacation of office as the State Government may determine: Provided that the tenure of office of any member may be terminated by the Government at any time without assigning any reasons. (4) The members shall be entitled to receive such allowances in respect of expenses properly incurred in the performance of their duties as the State Government may determine: Provided that the receipt of such allowances by the representatives of the Gujarat Legislative Assembly shall not be deemed to make them holders of an office of profit under the State Government. ### 7. Duties of State Wild Life Advisory Board.- It shall be the duty of the State Wild Life Advisory Board to advise the State Government- (1) , in the selection of areas to be declared as game sanctuaries; (2) in ??? the policy in granting licences and permits under this Act and administration of Game Sanctuaries; (3) in the matter of framing rules under section 49; and (4) on any other matter connected with the preservation and protection of animals and birds which may be referred to it by the State Government. ### 8. Procedure of State Wild Life Advisory Board.- (1) The State Wild Life Advisory Board shall meet at least twice a year at such place as the State Government may direct. (2) The procedure (including the quorum) of the Board shall be such as the Board may, by by-laws made in this behalf, determine. Chapter-III - Hunting of Animals and birds Chapter III ------------- Hunting of Animals and birds. A.-Licences. ### 9. Hunting of wild animals and birds without licence prohibited.- No person shall hunt any wild animal or wild bird except under a licence granted under the provisions of this Act and in accordance with the conditions specified in such licence: Provided that no such licence shall be necessary to hunt vermin. ### 10. Registration of certain persons in possession of arms.- Any person who holds a licence granted under the Arms Act, 1959, for the possession of arms for sport or protection or who is exempt from the provisions of that Act and possesses any arms, shall register his name and address with the Wild Life Preservation Officer or any other officer authorized by the State Government in this behalf. Such registration shall be made on application made in the prescribed form and on payment of such fee as may be prescribed (54 of 1959). ### 11. Procedure for licence.- (1) Any person desiring to obtain a game licence shall apply to the Wild Life Preservation Officer or any other officer authorised by the State Government in this behalf in the prescribed form. Such application shall be accompanied by such fee for the licence as may be prescribed. (2) The application may be made for any or all of the following kinds of game licences, namely:- (a) Small Game Licence, (b) Big Game Licence, (c) Special Big Game Licence, (d) Pet Animals (Possession) Licence, (e) Pet and other Animals (Trapping) Licence. (3) On receipt of an application and after making such inquiry as he may deem necessary the Wild Life Preservation Officer or the authorized officer may, subject to any general or special orders of the State Government, grant or refuse to grant the game licence without assigning any reasons when a game licence is refused the fee paid therefor shall be refunded to the applicant. (4) Every game licence granted under this section shall ordinarily be valid for such period as may be prescribed. ### 12. Record of game hunted to be kept and submitted.- (1) The holder of every game licence of the kind specified in clause (a), or (c) of sub-section (2) of section 11, shall keep a record containing such particulars as may be prescribed of all game killed or captured by him during the currency of his licence. (2) When any game is killed or captured by the holder of such licence, he shall not later than fifteen days of the killing or capture of the game or before leaving the State whichever is earlier, intimate in writing to the Wild Life Preservation Officer or to any other officer authorized by the State Government in this behalf the prescribed particulars of the animal or bird killed or captured by him. (3) Not later than fifteen days after the expiry of his licence, the holder ball surrender his licence to the Wild Life Preservation Officer or the authorized officer and shall sign a declaration in the prescribed form certifying the accuracy of the record of the game killed or captured by him. ### 13. Issue of licence for special purposes.- Notwithstanding anything contained in this Act it shall be lawful for the Wild Life Preservation Officer, upon such conditions as he may deem fit to impose, to grant a licence to any person with or without payment of fee, which shall entitle the holder to hunt animals and birds specified therein for any of the following purposes, namely:- (i) scientific research; (ii) collection of specimens for zoological gardens, museums and similar institutions; and (iii) killing of such animals and birds as are a source of serious menace to human life or property. ### 14. Suspension or cancellation of licence.- The Wild Life Preservation Officer or any other officer authorized by the State Government in this behalf may, subject to any general or special orders of the State Government, without giving any previous notice but for reasons to be recorded by him suspend or cancel any licence granted under this Chapter. ### 15. Appeals.- (1) An appeal from an order refusing to grant a licence under sub-section (3) of section 11, or an order suspending or cancelling a licence under section 14, shall lie,- (a) if the order is made by the officer authorised under sub-section (1) of section 11 or under section 14 to the Wild Life Preservation Officer; and (b) if the order is made by the Wild Life Preservation Officer, to the State Government. (2) In the case of an order passed in appeal by the Wild Life Preservation Officer under sub-section (1), a second appeal shall lie to the State Government. (3) Subject as aforesaid, every order passed in appeal under this section shall be final. (4) An appeal under this section shall be filed within thirty days from, the date of the communication of the order appealed against: Provided that, the appellate authority may admit any appeal preferred after the expiry of the said period if the appellant satisfies it that he had sufficient cause for not preferring the appeal within, time. B.-General. ### 16. Hunting of young and female with young prohibited.- (1) Except when authorized-tinder a specified condition to that effect in a licence no person shall hunt the young of any game or any female game accompanied by its young or any deer with horns in velvet. (2) Nothing contained in sub-section (1) shall apply to the hunting of vermis. Chapter-IV - Game Sanctuaries ### 17. Acquisition proceedings.- For the purpose of acquiring such land,- (1) the Collector shall be deemed to be a Collector proceeding under the Land Acquisition Act, 1894; (I of 1894) (2) the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under section 9 of that Act; (3) the provisions of the preceding sections of that Act shall be deemed to have been complied with; (4) the Collector with the consent of the claimant, or the Court, with the consent of both the parties, may award compensation in land or partly in land and partly in money, and (5) in the case of the stoppage of a public way or a common pasture the Collector may, with the previous sanction of the State Government, provide for a substitute public way or common pasture, as far as may be practicable or convenient. ### 18. Unlawful methods of hunting.- (1) No person shaft hunt any game from or by means of a wheeled or a mechanically propelled vehicle on water or land or by ait craft. (2) No person shall use a motor car, motor launch or air craft, for the purpose of killing, driving or stampeding game. (3) No person shall hunt any game with nets, snares, pit-falls, poison or poison-weapons; except in defence of human life or property, and except in so far as it relates to capture of animals and birds under a licence of the kind specified in clause (e) of sub-section (2) of section 11. (4) No person, shall, for the purpose of hunting, set fire to any, vegetation. (5) No person shall use any artificial light for the purpose of hunting, except in the case of carnivora, over a kill. (6) No person shall hunt any game during the hours of night i.e. one hour after sun-set end one hour before: sun-rise except, by sitting; over, as kill in, the case of carnivora. (7) No person shall hunt any game on a salt-lick or water hole or other drinking place or on a path and approach to one except for and grouse and water birds. (8) No person shall hunt any game on any land of private ownership, with-out the consent of the owner or his agent or the lawful occupier of such land. (9) No person shall, notwithstanding that he holds a game licence for the purpose, hunt any game during the closed time. (10) Nothing in the foregoing provisions of this section shall apply to shooting duck with the use of an out-board motor or of killing animals and birds which have become a source of serious menace to human life or property. ### 19. Declaration of animals and birds as vermin.- The State-Government may, by notification in the Official Gazette, declare any kind of wild animal or wild bird not included in Schedule I, to be vermin in any specified area. Chapter IV ------------ Game Sanctuaries ### 20. Power to declare any ares, to be game sanctuary.- The State Government may, by notification in the Official Gazette, declare any area to be a game sanctuary, in the manner hereafter appearing. ### 21. Notification regarding declaration of game ???.- Whenever it has been decided to declare any area to be a game sanctuary, the State Government shall issue a notification in the Official Gazette. (1) stating that it has been decided to declare such area to be a game sanctuary; (2) specifying as nearly as possible the situation and limits of such area, and (3) directing the Collector to inquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or over the land comprised within the limits of such area and deal with them as provided in this Act. Explanation.-For the purpose of this section, it shall be sufficient to describe the area by roads rivers, ridges or other well-known or readily intelligible boundaries. ### 22. Bar of accrual of out rights in bud comprised in game sanctuary.- After the issue of a notification under section 21, no right shall be acquired in or over the land comprised in such notification, except by succession. ### 23. Proclamation by Collector.- When a notification has been issued under section 21, the Collector shall publish in the regional language in every town and village in the neighbourhood of the area comprised therein, a proclamation- (a) specifying as nearly as possible, the situation and the limits or the proposed game sanctuary; (b) fixing a period of not less than two months from the date of such proclamation, and, requiring, any person claiming any right mentioned in section 21 or section 22 within such period either to present to the Collector a written notice specifying or to appear before him and state, the nature of such right and the amount and particulars of the compensation (if any) claimed in respect thereof. ### 24. Inquiry Collector.- The Collector shall record in writing all statements made under section 23 and shall at some convenient place inquire into all claims duly preferred under that section and the existence of any rights mentioned in section 21 or 22 and not claimed under section 23 so far as the same may be ascertainable from the records of Government and the evidence of any persons likely to be acquainted with the same. ### 25. Extinction of rights.- Rights in respect of which no claim has been preferred under section 23 and of the existence of which no knowledge has been acquired by inquiry under section 24, shall be extinguished. ### 26. Power to acquire land over which right is claimed.- In the case of a claim to a right in or over any land, other than a right of public way or right of common pasture, the Collector shall either,- (a) exclude such land from the limits of the proposed game sanctuary, or (b) come to an agreement with the owner thereof for the surrender of his rights, or (c) proceed to acquire such land in the manner provided by the Land Acquisition Act, 1894. ### 28. Power of Collector to be exercised by other officer.- The State Government may, by general or special order, direct that the powers exercisable or the functions to be performed by the Collector under sections 21 to 27 (both inclusive) may be exercised and performed by such officer as may be specified in the order. ### 29. Restriction on entry into game sanctuary.- No person other than,- (a) any public servant on, duty; (b) any person who ordinarily resides within the limits of a sanctuary; (c) any person who has any rights over, immovable property within the limits of a sanctuary; (d) any person passing through a sanctuary along a public highway; (e) the dependants and servants of the above persons, shall enter or reside in a game sanctuary, except under a permit and in accordance with the conditions of the permit granted under section 30. ### 30. Permit to enter or reside in game sanctuary.- (1) The Wild Life Preservation Officer may issue to any person on application a permit to enter or reside in a game sanctuary for any of the following purposes, namely:- (a) investigation or study of wild life and purposes incidental thereto: (b) photography; (c) scientific research; (d) transaction of lawful business with any person residing in the sanctuary. (2) A permit to enter, or reside in the sanctuary shall be issued subject to such conditions as the Wild Life Preservation Officer may deem fit to impose or as may be prescribed and such conditions shall be endorsed on the permit. ### 31. Hunting in game sanctuary without permit prohibited.- (1) No person shall hunt any animal, or bird in a game sanctuary, provided that the. Wild Life Preservation Officer, may in any special case where, he is satisfied that it is necessary that animals or birds should be hunted for the better preservation of other animal life, or for other good and: sufficient reason, issue a permit authorising any person, to hunt such animals or birds under the direction of an officer authorised by him. (2) A permit issued under sub-section (1) shall specify the number and kinds of animals or birds that may be hunted by the holder of such permit. ### 32. Refusal or cancellation of permit.- (1) The Wild Life Preservation Officer may, for good and sufficient reason, refuse to issue any permit or may cancel any permit granted under this Chapter. (2) Any person aggrieved by the refusal or cancellation of a permit under sub-section (1) may within fifteen days appeal to the State Government, whose decision shall be final. ### 33. Causing fire prohibited.- No person shall set fire a game sanctuary or kindle a fire or leave one braining in such manner as to endanger such sanctuary. Chapter-V - Trophies and Pet Animals and Birds Chapter V ----------- Trophies and Pet Animals and Birds. ### 34. Dealings in trophies and pets without licence prohibited.- No person shall carry on the business of a trophy dealer or dealer in pets, except under and in accordance with a trophy dealer's licence or pets dealer's licence granted under the provisions of this Chapter. ### 35. Trophy and pets dealer's licences.- A trophy dealer's or pet and other animal dealer's licence may be issued by the Wild Life Preservation Officer or by any other officer authorized by the State Government in this behalf on application and payment of such fees as may be prescribed, and shall entitle the holder to carry on the business of a trophy dealer or dealer in pets upon the premises and subject to the conditions specified in the licence. Every such licence shall be valid for three years from the date of issue, unless duly suspended or cancelled before that period. ### 36. Suspension or cancellation of licence.- The Wild Life Preservation Officer or any other officer authorised by the State Government in this behalf, may, subject to any general or special order of the State Government without giving any previous notice but for reasons to be recorded by him, suspend or cancel any licence issued under section 35. ### 37. Appeal.- (1) An appeal from an order refusing to issue a licence under section 35 or an order suspending or cancelling a licence under section 36 shall lie- (a) if the order is made by the officer authorised under section 35 or under section 36 to the Wild Life Preservation Officer; and (b) if the order is made by the Wild Life Preservation Officer, to the State Government. (2) In the case of an order passed in appeal by the Wild Life Preservation Officer under sub-section (1), a second appeal shall lie to the State Government. (3) Subject as aforesaid every order passed in appeal under this section shall be final. (4) An appeal under this section shall be filed within thirty days from the date of the communication of the order appealed against: Provided that, the appellate authority may admit any appeal preferred after the expiry of the said period if the appellant satisfies it that he had sufficient cause for not preferring the appeal within time. ### 38. Records and returns to be made by trophy and pets dealers.- A trophy dealer or dealer in pets shall keep such records and submit such returns of his dealings to the Wild Life Preservation Officer as may be prescribed. ### 39. Certificate of ownership.- The Wild Life Preservation Officer may for the purposes of section 38 issue certificate of ownership to any person in his opinion is in lawful possession of a trophy or game. ### 40. Export and sale of trophies regulated.- No person shall export or transfer by gift, sale or otherwise, to any person any trophy or game unless he is in possession of a certificate of ownership therefor and such certificate shall be delivered or sent by post to the transferee at the time of export or transfer. Explanation.-For the purposes of this section, "export" means to take out of the State of Gujarat otherwise than across a customs frontier. ### 41. Government trophies.- Any game found dead or killed without a licence in defence of life or property or by mistake and any game or trophy in respect of which a breach of the provisions of this Act has been committed, shall be a Government trophy and the property of the State Government. Explanation.-In this section, "game" includes the female and the young of any animal or bird specified in Schedule II, III or IV. ### 42. Possession of Government trophy to be reported.- Any person who by any means obtains possession of a Government trophy shall within 48 hours make a report thereof to the nearest Game, Police or Forest Officer and shall, if so required, hand over the trophy to him. ### 43. Unlawful possession of and dealing in, Government trophies.- (1) No person shall without the permission of any of the Officers referred to in section 42, keep in his possession any Government trophy or without the permission of the Wild Life Preservation Officer or any other Officer authorized by the State Government in this behalf transfer, by gift, sale or otherwise, any Government trophy to any person. (2) In any prosecution for contravention of the provisions of sub-section (1), it shall, until the contrary is proved and the burden of proving which shall lie on the accused, be presumed that the person in whose possession the Government trophy was found was in unlawful possession thereof. Chapter-VI - Prevention and Detection of Offences and Penalties Chapter VI ------------ Prevention and Detection of Offences and Penalties. ### 44. Power of entry, search arrest, detention and seizure.- (1) The Wild Life Preservation Officer or any other Game Officer empowered by him or any. Forest or Police Officer may, if he has reasonable grounds for believing that any person has committed an offence against this Act,- (a) require any such person to produce for his inspection any animal, bird, meat, or trophy in his possession or any licence, permit or other documents issued to him or required to be kept by him under the provisions of this Act; (b) enter and search any premises, land, vehicle or boat, in the occupation of such person and open and search any baggage or other things in his possession; (c) seize any animal, bird, meat or trophy in the possession of any person and appearing to him to be the property of the State Government together with any vehicle, weapon, trap or tools used for committing any such offence and unless he is satisfied that such person will appear and answer any charge which may be preferred against him, without warrant, arrest and detain him. (2) Any officer, of a rank not inferior to that of an Assistant Game Warden, who, or whose subordinate, has seized any vehicle. Weapon, trap or tools under clause (c) of sub-section (1) may release the same on the execution by the own thereof of a bond for the production of the property so released. If and when to required, before the Magistrate having jurisdiction to try the offence on account of which the seizure, has been made. (3) It shall be lawful for any of the Officers referred to in sub-section (1) to stop and detain any person whom he sees doing any act for which a licence or permit is required under the provisions of this Act for the purposes of requiring such person to produce his licence or permit and if such person fails to produce his licence or permit, as the case may be, he may be arrested without a warrant, unless hefumish is his name and address and otherwise satisfies the officer arresting him that he will duly answer any summons or other proceedings which may be taken against him. (4) Any person detained or things seized under the foregoing power snail forthwith be taken before a Magistrate to be dealt with according to law. (5) Any person who, without reasonable cause, fails to produce anything which under the powers conferred by this section he is required to produce, shall be guilty of an offence against this Act. ### 45. Penalties.- (1) Any person who contravenes any of the provisions of this Act or of any rules made thereunder or who commits a breach of any of the conditions of any licence or permit shall, on conviction, be punished with imprisonment which may attend to six months or with fine which any extend to Rs. 500 or with both. (2) When any person is convicted of an offence against this Act, the Court trying the offence may order that any animal, bird, meat or trophy in respect of which, and any weapon fir trap with which, the offence has been committed shall be at the disposal of the State Government, and that any licence or permit held by such person under the provisions of this Act, be cancelled. (3) Such cancellation of licence or permit shall be in addition to any other punishment awarded for such offence. (4) Where any person is convicted of an offence against this Act and the Court trying the offence inflicts a punishment of fine, with or without imprisonment, on such person, the Court may direct any portion not exceeding one half of the amount of fine that may be recovered to be paid as a reward to any person who may have given information of the commission of such offence. ### 46. Power to compound offences.- (1) The State Government, may, by notification in the Official Gazette empower the Wild Life Preservation Officer or any officer of a rank not inferior to that of a Deputy Conservator of Forests,- (a) to accept from any person against whom a reasonable suspicion exists that he has committed an offence under this Act payment of a sum of money or, at his discretion, an undertaking in writing to pay a sum money, by way of composition for the offence which such person is suspected to have committed, and (b) when any property has been seized as liable to confiscation, to release the same on the payment of, or at his discretion, on acceptance of an undertaking in writing to pay, the value thereof as named by such officer. (2) On the payment of, or on acceptance of an undertaking in writing to pay, such sum of money, or such named value, or both as the case may be, to such officer, the suspected person, if in custody, shall be discharged, the property, if any, seized shall be released and no further proceedings shall be taken against such person or property. (3) The sum of money accepted or agreed to be accepted as-composition under clause (a) of sub-section (1) shall in no case exceed the sum of five hundred rupees. (4) The money payable under this section may, if not paid when due be recovered as an arrear of land revenue. ### 47. When Court to take cognizance of offence.- No Court shall take cognizance of any offence against this Act- (1) except on the complaint or report of the Wild Life Preservation Officer or may officer authorized by him or of any Forest or Police Officer or of any mother officer authorized by the State Government in this behalf; and (2) unless the prosecution is instituted within six months from the date on which the offence is alleged to have been committed. ### 48. Operator of other laws not barred.- Nothing in this Act shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence under this Act or from being liable under such other law to any higher punishment or penalty than that provided by this Act: Provided that no person shall be punished twice for the same offence. Chapter-VII - Miscellaneous Chapter VII ------------- Miscellaneous. ### 49. Power to make rules.- (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power such rules may be made for all or any of the following matters, namely:- (a) the forms to be used for any application, licence, permit, registration, declaration, certificate, return or other document, granted, issued, made or submitted under the provisions of this Act and the fees, if any, therefor; (b) the conditions subject to which any licence or permit may be granted under this Act; (c) the particulars of the record of game killed or captured to be kept and submitted by any licensee; (d) controlling settlements in game sanctuaries with a view to preventing disturbance to the natural fauna; (e) regulating the sale of pet and other animals and trophies derived from the wild animals and birds; (f) any other matter which is expressly required or allowed by this Act to be prescribed by rules. (3) The power to make rules under this section shall be exercised subject to the condition of previous publication. (4) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made, and shall be subject to rescission by the State Legislature, or to such modification as the State Legislature may make, during the session in which they are so laid or the session immediately following. (5) Any rescission or modification so made shall be published in the Official Gazette, and shall thereupon take effect. ### 50. Power to amend Schedules.- The State Government may, by notification in the Official Gazette, add to, omit or alter any entry in Schedule I, II, III or IV subject to such conditions (if any) as may be specified in such notification; and on the issue of such notification, a Schedule shall be deemed to be amended accordingly, but without prejudice to anything done or omitted to be done before the amendment of such Schedule. ### 51. Defence of life and property.- Subject to the provisions of sections 41 to 43 (both inclusive), nothing in this Act shall prohibit,- (1) the killing or capturing of any wild animal or wild bird by the occupier of any land in defence of the standing crop or cattle on the land; (2) the killing or capturing in good faith of any wild animal or wild bird in defence of oneself or of any other person: Provided that nothing in this section shall exonerate any person who, when such defence became necessary, was hunting any game or committing any contravention of this Act. ### 52. Game Officer to be public servants.- All Game Officers and other officers exercising any of the powers conferred by this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (XLV of 1860). ### 53. Protection to persons acting in good faith.- No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act. ### 54. Power to exempt.- The State Government may, by notification in the Official Gazette, exempt any person by name or in virtue of his office or any class of persons from all or any of the provisions of ibis Act. ### 55. Repeal and savings.- On the commencement of this Act the following laws, that is to say- (a) the Bombay Wild Animals and Wild Birds Protection Act, 1951, (Bom. XXIV of 1951) (b) the Saurashtra Wild Animals and Wild Birds Protection Act, 1952, (San. Act XXX-II of 1952) (c) the Wild Birds and Animals Protection Act, 1912 in its application to the Kutch area of the State of Gujarat, (VIII of 1912) shall stand repealed: Provided that, such repeal shall not- (i) affect the previous operation of any law so repealed or anything duly done or suffered thereunder; (ii) affect any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; (iii) affect any penalty, forfeiture or punishment incurred in respect on any offence committed against any law so repealed, or (iv) affect any investigation, legal proceedings of remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as foresaid, and any such investigation, legal proceedings or remedy may be instituted, continued or enforced, and any such penalty, forefeiture and-punishment may be imposed, as if the aforesaid laws had not been repealed. Provided further that, subject to the preceding proviso, anything done or action taken (including any notification, order, certificate, notice or receipt issued, application made, permission or licence granted, suspension or relocation of a licence effected, and exemption given) under any such law shall in so far 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, and shall continue in force accordingly, unless and until superseded by anything done or any action taken under this Act. Schedule 1 ------------ I --- [See Section 2(n) .] (Vermin) 1. Mongoose. ### 2. Civet cat. ### 3. Wild cat (excluding tiger, lion, panther and cheetah). ### 4. Wild dog. ### 5. Rodents (except hare, giant squirrel and flying squirrel). ### 6. Jackal. ### 7. Monkey. ### 8. Bat ### 9. Crow, ### 10. Birds of prey (excluding keslrel, hobby, while-eyed buzzard, red headed merlin, crested serpent eagle, short toed eagle and black-winged kite.) ### 11. Parakeet. ### 12. Crow pheasant. ### 13. Tree pie. Schedule 2 ------------ II ---- [See Section 2(c) and (f).] (Small Game) ### 1. Spot-bill or grey duck. ### 2. Nukta or comb ducks. ### 3. Whistling teal (Large and small). ### 4. Cotton teal. ### 6. Snipe. ### 7. Wood Cock, ### 8. Curlew. ### 9. Whimbreh ### 10. Coot. ### 11. Florican. ### 12. Crane (excluding sarus). ### 13. Bustard (excluding Great Indian Bustard). ### 14. Sand-grouse (all species). ### 15. Spur fowl. ### 16. Jungle fowl, ### 17. Guinea-fowl ### 18. Partridge (all speqes). ### 19. Quail (all species). ### 20. Pigeon and dove (all species). ### 21. Rosy-pastor or Rose-coloured Starling. ### 22. Hate (all species). ### 23. Hyaena. ### 24. Wolf. ### 25. Chinkara (male only). ### 26. Barking deer. ### 27. Nilgal. ### 28. Wild boar. Schedule 3 ------------ III ----- [See Section 2(b) and (c).] (Big Game) ### 1. Black-buck (male only with horns over 12 inches). ### 2. Four-horned antelope. ### 3. Sambar (male only with hard horns over 28 inches). ### 4. Cheetat (male only with hard horns over 25 inches). ### 5. Panther. ### 6. Tiger. ### 7. Sloth bear. ### 8. Crocodile. ### 9. Cheetah. ### 10. Wild Ass. Schedule 4 ------------ IV ---- [See Section 2(b) and (c).] (Special Big Game)
65ba7969ab84c7eca86eb89e	acts	Union of India - Act ---------------------- Code on Social Security, 2020 ------------------------------- UNION OF INDIA India Code on Social Security, 2020 =============================== Act 36 of 2020 ---------------- * Published on 28 September 2020 * Commenced on 28 September 2020 Code on Social Security, 2020 (No. 36 of 2020) Last Updated 8th February, 2021 [Dated 28.9.2020.] An Act to amend and consolidate the laws relating to social security with the goal to extend social security to all employees and workers either in the organised or unorganised or any other sectors and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:- Chapter I Preliminary -------------------------- ### 1. Short title, extent, commencement and application. (1) This Act may be called the Code on Social Security, 2020. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Code and any reference in any such provision to the commencement of this Code shall be construed as a reference to the coming into force of that provision. (4) The applicability of the Chapters specified in columns (1) and (2) of the First Schedule shall, without prejudice to the applicability of the other provisions of this Code, be such as is specified in corresponding entry in column (3) of that Schedule. (5) Notwithstanding anything contained in sub-section (4), where it appears to the Central Provident Fund Commissioner, whether on an application made to him by the employer of an establishment or otherwise, that the employer and majority of employees of that establishment have agreed that the provisions of Chapter III should be made applicable to that establishment, the Central Provident Fund Commissioner, may, by notification, apply the provisions of the said Chapter to that establishment on and from the date of such agreement or from any subsequent date specified in the agreement: Provided that where the employer of an establishment to which the provisions of Chapter III applied under this sub-section desires to come out of such applicability, he may make an application to the Central Provident Fund Commissioner and the Central Provident Fund Commissioner shall, if satisfied that there is an agreement between the employer and majority of the employees to this effect, make the provisions of that Chapter inapplicable to such establishment, in such manner and subject to such conditions as may be prescribed by the Central Government. (6) The Central Government may, after giving not less than two months' notice of its intention so to do, by notification, apply the provisions of this Code to any establishment employing not less than such number of persons as may be specified in the notification. (7) Notwithstanding anything contained in sub-section (4), where it appears to the Director General of the Corporation, whether on an application made to him by the employer of an establishment or otherwise, that the employer and majority of employees of that establishment have agreed that the provisions of Chapter IV should be made applicable to that establishment, the Director General of the Corporation, may, by notification, apply the provisions of the said Chapter to that establishment on and from the date of such agreement or from any subsequent date specified in the agreement: Provided that where the employer of an establishment to which the provisions of Chapter IV applied under this sub-section desires to come out of such applicability, he may make an application to the Director General of the Corporation and Director General of the Corporation shall, if satisfied that there is an agreement between the employer and majority of the employees to this effect, make the provisions of that Chapter inapplicable to such establishment, in such manner and subject to such conditions as may be prescribed by the Central Government. (8) Notwithstanding anything contained in sub-section (4), an establishment to which any Chapter applies at the first instance shall continue to be applied thereafter even if the number of employees therein at any subsequent time falls below the threshold specified in the First Schedule in respect of that Chapter. ### 2. Definitions. - In this Code, unless the context otherwise requires,- (1) "agent" when used in relation to an establishment, means every person, whether appointed as such or not, who acting or purporting to act on behalf of the owner, takes part in the management, control, supervision or direction of such establishment or part thereof; (2) "aggregator" means a digital intermediary or a market place for a buyer or user of a service to connect with the seller or the service provider; (3) "appropriate Government" means- (a) in relation to, an establishment carried on by or under the authority of the Central Government or concerning any such controlled industry as may be specified by notification in this behalf, by the Central Government or the establishment of railways including metro railways, mines, oil field, major ports, air transport service, telecommunication, banking and insurance company or a corporation or other authority established by a Central Act or the central public sector undertaking or subsidiary companies set up by the central public sector undertakings, subsidiary companies set up by the principal undertakings or autonomous bodies owned or controlled by the Central Government, including establishment of contractors for the purposes of such establishment, corporation or other authority, central public sector undertakings, subsidiary companies or autonomous bodies or any company in which not less than fifty one per cent. of the paid up share capital is held by the Central Government, as the case may be, or in relation to an establishment having departments or branches in more than one State, as the case may be, the Central Government; and (b) in relation to any other establishment, the State Government. Explanation 1. - For the purposes of this clause, the expression "metro railway" means the metro railway as defined in sub-clause (i) of clause (1) of section 2 of the Metro Railways (Operation and Maintenance ) Act, 2002 ( 60 of 2002 ). Explanation 2. - For the purposes of this clause, the Central Government shall continue to be the appropriate Government for the central public sector undertakings even if the holding of the Central Government reduces to less than fifty per cent. equity in that public sector undertaking after the commencement of this Code; (4) "audio-visual production" means audio-visual produced wholly or partly in India and includes - (i) animation, cartoon depiction, audio-visual advertisement; (ii) digital production or any of the activities in respect of making thereof; and (iii) features films, non-feature films, television, web-based serials, talk shows, reality shows and sport shows; (5) "Authorised Officer" means such officer of the Central Board, or as the case may be, of the Corporation notified by the Central Government; (6) "building or other construction work" means the construction, alteration, repairs, maintenance or demolition in relation to buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works (including storm water drainage works), generation, transmission and distribution of power, water works (including channels for distribution of water), oil and gas installations, electric lines, internet towers, wireless, radio, television, telephone, telegraph and overseas communications, dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aquaducts, pipelines, towers, cooling towers, transmission towers and such other work as may be specified in this behalf by the Central Government, by notification, but does not include any building or other construction work which is related to any factory or mine or any building or other construction work employing less than ten workers in the preceding twelve months or where such work is related to own residential purposes of an individual or group of individuals for their own residence and the total cost of such work does not exceed fifty lakhs rupees or such higher amount and employing more than such number of workers as may be notified by the appropriate Government; (7) "building worker" means a person who is employed to do any skilled, semi-skilled or unskilled, manual, technical or clerical work for hire or reward, whether the terms of such employment are express or implied, in connection with any building or other construction work, but does not include any such person who is employed mainly in a managerial or supervisory or administrative capacity; (8) "Building Workers' Welfare Board" means the State Building and other Construction Workers' Welfare Board constituted under sub-section (1) of section 7; (9) "career centre" means any office (including employment exchange, place or portal) established and maintained in the manner prescribed by the Central Government for providing such career services (including registration, collection and furnishing of information, either by the keeping of registers or otherwise, manually, digitally, virtually or through any other mode) as may be prescribed by the Central Government, which may, inter alia, relate generally or specifically to - (i) persons who seek to employ employees; (ii) persons who seek employment; (iii) occurrence of vacancies; and (iv) persons who seek vocational guidance and career counselling or guidance to start self-employment; (10) "Central Board" means the Board of Trustees of the Employees' Provident Fund constituted under section 4; (11) "Central Provident Fund Commissioner" means the Central Provident Fund Commissioner of the Central Board appointed under sub-section (1) of section 14; (12) "child", for the purposes of Chapter VI, includes a stillborn child; (13) "Commissioning mother" means a biological mother who uses her egg to create an embryo implanted in any other woman; (14) "company" means a company as defined in clause (20) of section 2 of the Companies Act, 2013 ( 18 of 2013 ); (15) "compensation" means compensation as provided under Chapter VII; (16) "competent authority" means any authority appointed under section 58 for the purposes of Chapter V or notified for the purposes of Chapter VI or appointed under section 91 for the purposes of Chapter VII, as the case may be, as competent authority by the appropriate Government or the State Government, as the case may be; (17) "completed year of service" means continuous service for twelve months; (18) "confinement" means labour resulting in the issue of a living child, or labour after twenty-six weeks of pregnancy resulting in the issue of a child whether alive or dead; (19) "contract labour" means a worker who shall be deemed to be employed in or in connection with the work of an establishment when he is hired in or in connection with such work by or through a contractor, with or without the knowledge of the principal employer and includes inter-State migrant worker but does not include an employee (other than part time employee) who is regularly employed by the contractor for any activity of his establishment and his employment is governed by mutually accepted standards of the conditions of employment (including engagement on permanent basis), and gets periodical increment in the pay, social security coverage and other welfare benefits in accordance with the law for the time being in force in such employment; (20) "contractor", in relation to an establishment means a person, who- (i) undertakes to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment through contract labour; or (ii) supplies contract labour for any work of the establishment as mere human resource, and includes a sub-contractor; (21) "contribution" means the sum of money payable by the employer, under this Code, to the Central Board and to the Corporation, as the case may be, and includes any amount payable by or on behalf of the employee in accordance with the provisions of this Code; (22) "Corporation" means the Employees' State Insurance Corporation constituted under section 5; (23) "delivery" means the birth of a child; (24) "dependant" means any of the following relatives of deceased employee, namely:- (a) a widow, a minor legitimate or adopted son, an unmarried legitimate or adopted daughter or a widowed mother: Provided that for the purposes of Chapter IV, a legitimate adopted son, who has not attained the age of twenty-five years, shall be dependant of the deceased employee; (b) if wholly dependant on the earnings of the employee at the time of his death, a legitimate or adopted son or a daughter who has attained the age of eighteen years and who is infirm; except for the purposes of Chapter IV wherein the word "eighteen" occurring in this sub-clause shall be deemed to have been substituted by the word "twenty-five"; (c) if wholly or in part dependent on the earnings of the employee at the time of his death,- (i) a widower; (ii) a parent other than a widowed mother; (iii) a minor illegitimate son, an unmarried illegitimate daughter or a daughter legitimate or illegitimate or adopted if married and a minor or if widowed and a minor; (iv) a minor brother or an unmarried sister or a widowed sister if a minor; (v) a widowed daughter-in-law; (vi) a minor child of a pre-deceased son; (vii) a minor child of a pre-deceased daughter where no parent of the child is alive, or; (viii) a grandparent if no parent of the employee is alive. Explanation. - For the purposes of sub-clause (b) and items (vi) and (vii) of sub-clause (c), references to a son, daughter or child include an adopted son, daughter or child, respectively; (25) "dock work" means any work in or within the vicinity of any port in connection with, or required for, or incidental to, the loading, unloading, movement or storage of cargoes into or from ship or other vessel, port, dock, storage place or landing place, and includes- (i) work in connection with the preparation of ships or other vessels for receipt or discharge of cargoes or leaving port; (ii) all repairing and maintenance processes connected with any hold, tank structure or lifting machinery or any other storage area on board the ship or in the docks; and (iii) chipping, painting or cleaning of any hold, tank, structure or lifting machinery or any other storage area in board the ship or in the docks; (26) "employee" means any person (other than an apprentice engaged under the Apprentices Act, 1961) (52 of 1961) employed on wages by an establishment, either directly or through a contractor, to do any skilled, semi-skilled or unskilled, manual, operational, supervisory, managerial, administrative, technical, clerical or any other work, whether the terms of employment be express or implied, and also includes a person declared to be an employee by the appropriate Government, but does not include any member of the Armed Forces of the Union: Provided that for the purposes of Chapter III, except in case of the Employees' Provident Fund Scheme and Chapter IV, the term "employee" shall mean such employee drawing wages less than or equal to the wage ceiling notified by the Central Government and includes such other persons or class of persons as the Central Government may by notification, specify to be employee, for the purposes of those Chapters: Provided further that for the purposes of counting of employees for the coverage of an establishment under Chapter III and Chapter IV, as the case may be, the employees, whose wages are more than the wage ceiling so notified by the Central Government, shall also be taken into account: Provided also that for the purposes of Chapter VII, the term "employee" shall mean only such persons as specified in the Second Schedule and such other persons or class of persons as the Central Government, or as the case may be, the State Government may add to the said Schedule, by notification, for the purposes of that Government; (27) "employer" means a person who employs, whether directly or through any person, or on his behalf, or on behalf of any person, one or more employees in his establishment and where the establishment is carried on by any department of the Central Government or the State Government, the authority specified, by the head of such department, in this behalf or where no authority is so specified, the head of the department and in relation to an establishment carried on by a local authority, the chief executive of that authority, and includes,- (a) in relation to an establishment which is a factory, the occupier of the factory; (b) in relation to mine, the owner of the mine or agent or manager having requisite qualification under the law for the time being in force and appointed by the owner or agent of the mine as such; (c) in relation to any other establishment, the person who, or the authority which has ultimate control over the affairs of the establishment and where the said affairs are entrusted to a manager or managing director, such manager or managing director; (d) contractor; and (e) legal representative of a deceased employer; (28) "employment injury" means a personal injury to an employee, caused by accident or an occupational disease, as the case may be, arising out of and in the course of his employment, - (i) for the purposes of Chapter IV, if the employee is an insured or insurable employee under section 28 whether such accident occurs or the occupational disease is contracted within or outside the territorial limits of India; and (ii) for the purposes of Chapter VII, whether such accident occurs or the occupational disease is contracted within or outside the territorial limits of India; (29) "establishment" means- (a) a place where any industry, trade, business, manufacture or occupation is carried on; or (b) a factory, motor transport undertaking, newspaper establishment, audiovisual production, building and other construction work or plantation; or (c) a mine, port or vicinity of port where dock work is carried out. Explanation. - For the purposes of Chapter III, where an establishment consists of different departments or has branches, whether situate in the same place or in different places, all such departments or branches shall be treated as parts of the same establishment; (30) "executive officer" means such officer of the appropriate Government as may be notified by that Government for the purposes of Chapter XIII or an officer authorised in writing by such executive officer to discharge his duties under that Chapter; (31) "exempted employee" for the purposes of Chapter III, means an employee to whom any of the schemes referred to in section 15, but for the exemption granted under this Code, would have applied and for the purposes of Chapter IV, means an employee, whose wage is specified in the notification by the Central Government and who is not liable to pay employee's contribution; (32) "factory" means any premises including the precincts thereof- (a) whereon ten or more employees are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or (b) whereon twenty or more employees are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on, but does not include a mine, or a mobile unit belonging to the Armed Forces of the Union, railways running shed or a hotel, restaurant or eating place. Explanation 1. - For computing the number of employees for the purposes of this clause, all the employees in (different groups and relays) a day shall be taken into account. Explanation 2. - For the purposes of this clause, the mere fact that an Electronic Data Processing Unit or a Computer Unit is installed in any premises or part thereof, shall not be construed as factory if no manufacturing process is being carried on in such premises or part thereof; (33) "family" means all or any of the following relatives of an employee or an unorganised worker, as the case may be, namely:- (a) a spouse; (b) a minor legitimate or adopted child dependent upon the employee or an unorganised worker, as the case may be; (c) a child who is wholly dependent on the earnings of the employee or an unorganised worker, as the case may be, and who is- (i) receiving education, till he attains the age of twenty-one years; and (ii) an unmarried daughter; (d) a child who is infirm by reason of any physical or mental abnormality or injury and is wholly dependent on the earnings of the employee or an unorganised worker, as the case may be, so long as the infirmity continues; (e) dependent parents (including father-in-law and mother-in-law of a woman employee), whose income from all sources does not exceed such income as may be prescribed by the Central Government; (f) in case the employee or an unorganised worker, as the case may be, is unmarried and his parents are not alive, a minor brother or sister wholly dependent upon the earnings of the Insured Person; (34) "fixed term employment" means the engagement of an employee on the basis of a written contract of employment for a fixed period: Provided that- (a) his hours of work, wages, allowances and other benefits shall not be less than that of a permanent employee doing the same work or work of a similar nature; and (b) he shall be eligible for all benefits, under any law for the time being in force, available to a permanent employee proportionately according to the period of service rendered by him even if his period of employment does not extend to the required qualifying period of employment; (35) "gig worker" means a person who performs work or participates in a work arrangement and earns from such activities outside of traditional employer-employee relationship; (36) "home-based worker" means a person engaged in, the production of goods or services for an employer in his home or other premises of his choice other than the workplace of the employer, for remuneration, irrespective of whether or not the employer provides the equipment, materials or other inputs; (37) "Inspector-cum-Facilitator" means an Inspector-cum-Facilitator appointed under section 122; (38) "Insurance Fund" means the Deposit-Linked Insurance Fund established under clause (c) of sub-section (1) of section 16; (39) "Insured Person" means the Insured Person referred to in section 28; (40) "Insurance Scheme" means the Deposit-Linked Insurance Scheme framed under clause (c) of sub-section (1) of section 15; (41) "inter-State migrant worker" means a person who is employed in an establishment and who- (i) has been recruited directly by the employer or indirectly through contractor in one State for employment in such establishment situated in another State; or (ii) has come on his own from one State and obtained employment in an establishment of another State (hereinafter called destination State) or has subsequently changed the establishment within the destination State, under an agreement or other arrangement for such employment and drawing wages not exceeding eighteen thousand rupees per month or such higher amount as may be notified by the Central Government from time to time; (42) "manufacturing process" means any process for- (i) making, altering, repairing, ornamenting, finishing, oiling, washing, cleaning, breaking up, demolishing, refining, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal; or (ii) pumping oil, water, sewage or any other substance; or (iii) generating, transforming or transmitting power; or (iv) composing, offset printing, printing by letter press, lithography, photogravure screen printing, three or four dimensional printing, prototyping, flexography or other types of printing process or book binding; or (v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or (vi) preserving or storing any article in cold storage; or (vii) such other activities as the Central Government may notify; (43) "maternity benefit" , in respect of Chapter VI, means the payment referred to in sub-section (1) of section 60; (44) "medical practitioner" means a person registered under any law for the time being in force, or, any person declared by the State Government, by notification, to be qualified as medical practitioner for the purposes of this Code: Provided that different class or classes of medical practitioner having specific qualification may be notified by the Central Government for the purposes of Chapter IV and by the appropriate Government for other Chapters of this Code; (45) "medical termination of pregnancy" means the termination of pregnancy permissible under the provisions of the Medical Termination of Pregnancy Act, 1971 ( 34 of 1971 ); (46) "mine" shall have the meaning assigned to it in clause (j) of sub-section (1) of section 2 of the Mines Act, 1952 ( 35 of 1952 ); (47) "minor" means a person who has not attained the age of eighteen years; (48) "miscarriage" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy, but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code (45 of 1860); (49) "National Social Security Board" means the National Social Security Board for Unorganised Workers constituted under sub-section (1) of section 6; (50) "notification" means a notification published in the Gazette of India or the Official Gazette of a State, as the case may be, and the expression "notify" with its grammatical variations and cognate expressions shall be construed accordingly; (51) "occupational disease" means a disease specified in the Third Schedule as a disease peculiar to the employment of the employee; (52) "occupier" in respect of a factory means the person who has ultimate control over the affairs of the factory: Provided that- (a) in the case of a firm or other association of individuals, any one of the individual partners or members thereof; (b) in the case of a company, any one of the directors, except any independent director within the meaning of sub-section (6) of section 149 of the Companies Act, 201318 of 2013; (c) in the case of a factory owned or controlled by the Central Government or any State Government, or any local authority, the person or persons appointed to manage the affairs of the factory by the Central Government, the State Government or the local authority or such other authority as may be prescribed by the Central Government, shall be deemed to be the occupier: Provided further that in the case of a ship which is being repaired, or on which maintenance work is being carried out, in a dry dock which is available for hire, the owner of the dock shall be deemed to be the occupier for all purposes except the matters as may be prescribed by the Central Government which are directly related to the condition of ship for which the owner of ship shall be deemed to be the occupier; (53) "oilfield" shall have the meaning assigned to it in clause (e) of section 3 of the Oilfields (Regulation and Development) Act, 1948 ( 53 of 1948 ; (54) "organised sector" means an enterprise which is not an unorganised sector; (55) "permanent partial disablement" means, where the disablement is of a permanent nature, such disablement as reduces the earning capacity of an employee in every employment which he was capable of undertaking at the time of the accident resulting in the disablement: Provided that every injury specified in Part II of the Fourth Schedule shall be deemed to result in permanent partial disablement; (56) "permanent total disablement" means such disablement of a permanent nature as incapacitates an employee for all work which he was capable of performing at the time of the accident resulting in such disablement: Provided that permanent total disablement shall be deemed to result from every injury specified in Part I of the Fourth Schedule or from any combination of injuries specified in Part II – thereof where the aggregate percentage of the loss of earning capacity, as specified in the said Part II against those injuries, amounts to one hundred per cent.; ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ (57) "Pension Fund" means the Pension Fund established under clause (b) of sub-section (1) of section 16; (58) "Pension Scheme" means the Employees' Pension Scheme framed under clause (b) of sub-section (1) of section 15; (59) "plantation" means- (a) any land used or intended to be used for- (i) growing tea, coffee, rubber, cinchona or cardamom which admeasures five hectares or more; (ii) growing any other plant, which admeasures five hectares or more and in which ten or more persons are employed or were employed on any day of the preceding twelve months, if, after obtaining the approval of the Central Government, the State Government, by notification, so directs. Explanation. - Where any piece of land used for growing any plant referred to in this sub-clause admeasures less than five hectares and is contiguous to any other piece of land not being so used, but capable of being so used, and both such pieces of land are under the management of the same employer, then, for the purposes of this sub-clause, the piece of land first mentioned shall be deemed to be a plantation, if the total area of both such pieces of land admeasures five hectares or more; (b) any land which the State Government may, by notification, declare and which is used or intended to be used for growing any plant referred to in sub-clause (a), notwithstanding that it admeasures less than five hectares: Provided that no such declaration shall be made in respect of such land which admeasures less than five hectares immediately before the commencement of this Code; and (c) offices, hospitals, dispensaries, schools and any other premises used for any purpose connected with any plantation within the meaning of sub-clause (a) and sub-clause (b); but does not include factory on the premises; (60) "platform work" means a work arrangement outside of a traditional employer employee relationship in which organisations or individuals use an online platform to access other organisations or individuals to solve specific problems or to provide specific services or any such other activities which may be notified by the Central Government, in exchange for payment; (61) "platform worker" means a person engaged in or undertaking platform work; (62) "port" shall have the meaning assigned to it in clause (4) of section 3 of the Indian Ports Act, 1908 ( 15 of 1908 ); (63) "Provident Fund" means the Employees' Provident Fund established under clause (a) of sub-section (1) of section 16; (64) "Provident Fund Scheme" means the Employees' Provident Fund Scheme framed under clause (a) of sub-section (1) of section 15; (65) "prescribed" means prescribed by rules made under this Code; (66) "railway" shall have the meaning assigned to it in clause (31) of section 2 of the Railways Act, 1989 ( 24 of 1989 ); (67) "railway company" includes any persons whether incorporated or not, who are owners or lessees of a railway or parties to an agreement for working a railway; (68) "Recovery Officer" means any officer of the Central Government, the State Government, the Central Board or the Corporation, who may be authorised by the Central Government or the State Government, as the case may be, by notification, to discharge the functions and to exercise the powers of a Recovery Officer under this Code; (69) "regulations" means regulations made by the Corporation under this Code; (70) "retirement" means termination of the service of an employee otherwise than on superannuation; (71) "sales promotion employees" means the sales promotion employees as defined in clause (d) of section 2 of the Sales Promotion Employees (Conditions of Service) Act, 1976 ( 11 of 1976 ); (72) "Schedule" means a Schedule to this Code; (73) "seamen" means any person forming part of the crew of any ship, but does not include the master of the ship; (74) "seasonal factory " means a factory which is exclusively engaged in one or more of the following manufacturing processes, namely, cotton ginning, cotton or jute pressing, decortication of ground-nuts, the manufacture of indigo, lac, sugar (including gur) or any manufacturing process which is incidental to or connected with any of the aforesaid processes and includes a factory which is engaged for a period not exceeding seven months in a year in a manufacturing process as the Central Government may, by notification, specify; (75) "self-employed worker" means any person who is not employed by an employer, but engages himself in any occupation in the unorganised sector subject to a monthly earning of an amount as may be notified by the Central Government or the State Government, as the case may be, from time to time or holds cultivable land subject to such ceiling as may be notified by the State Government; (76) "shop", in respect of a State, means a shop as defined in any law for the time being in force dealing with the shop in that State; (77) "sickness" means a condition which requires medical treatment and attendance and necessitates abstention from work on medical ground; (78) "social security" means the measures of protection afforded to employees, unorganised workers, gig workers and platform workers to ensure access to health care and to provide income security, particularly in cases of old age, unemployment, sickness, invalidity, work injury, maternity or loss of a breadwinner by means of rights conferred on them and schemes framed, under this Code; (79) "Social Security Organisation" means any of the following organisations established under this Code, namely:- (a) the Central Board of Trustees of Employees' Provident Fund constituted under section 4; (b) the Employees' State Insurance Corporation constituted under section 5; (c) the National Social Security Board for Unorganised Workers constituted under section 6; (d) the State Unorganised Workers' Social Security Board constituted under section 6; (e) the State Building and other Construction Workers' Welfare Boards constituted under section 7; and (f) any other organisation or special purpose vehicle declared to be the social security organisation by the Central Government; (80) "State Government" includes- (a) in relation to a Union territory with legislature, the Government of the Union territory; and (b) in relation to a Union territory without legislature, the administrator appointed under article 239 of the Constitution as an administrator thereof; (81) "State Unorganised Workers' Board" means the State Unorganised Workers' Social Security Board constituted under sub-section (9) of section 6; (82) "superannuation", in relation to an employee, means the attainment by the employee of such age as is fixed in the contract or conditions of service, as the age on the attainment of which the employee shall vacate the employment: Provided that for the purposes of Chapter III, the age of superannuation shall be fifty-eight years; (83) "temporary disablement" means a condition resulting from an employment injury which requires medical treatment and renders an employee, as a result of such injury, temporarily incapable of doing the work which he was doing prior to or at the time of the injury; (84) "Tribunal" means the Industrial Tribunal constituted by the appropriate Government under section 7A of the Industrial Disputes Act, 1947 ( 14 of 1947 ); (85) "unorganised sector" means an enterprise owned by individuals or self-employed workers and engaged in the production or sale of goods or providing service of any kind whatsoever, and where the enterprise employs workers, the number of such workers is less than ten; (86) "unorganised worker" means a home-based worker, self-employed worker or a wage worker in the unorganised sector and includes a worker in the organised sector who is not covered by the Industrial Disputes Act, 1947 ( 14 of 1947 ) or Chapters III to VII of this Code; (87) "vacancy", for the purposes of Chapter XIII, means an unoccupied post (including newly created post, post of trainee, post to be filled through apprentice or any unoccupied post created in an establishment by any other means) in a cadre or occupation for the purpose of employing a person and carrying remuneration; (88) "wages" means all remuneration, whether by way of salaries, allowances or otherwise, expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes,- (a) basic pay; (b) dearness allowance; and (c) retaining allowance, if any, but does not include- (a) any bonus payable under any law for the time being in force, which does not form part of the remuneration payable under the terms of employment; (b) the value of any house-accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the appropriate Government; (c) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon; (d) any conveyance allowance or the value of any travelling concession; (e) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; (f) house rent allowance; (g) remuneration payable under any award or settlement between the parties or order of a court or Tribunal; (h) any overtime allowance; (i) any commission payable to the employee; (j) any gratuity payable on the termination of employment; (k) any retrenchment compensation or other retirement benefit payable to the employee or any ex gratia payment made to him on the termination of employment, under any law for the time being in force: Provided that for calculating the wages under this clause, if payments made by the employer to the employee under sub-clauses (a) to (i) exceeds one-half, or such other per cent. as may be notified by the Central Government, of the all remuneration calculated under this clause, the amount which exceeds such one-half, or the per cent. so notified, shall be deemed as remuneration and shall be accordingly added in wages under this clause: Provided further that for the purpose of equal wages to all genders and for the purpose of payment of wages, the emoluments specified in sub-clauses (d) , (f), (g) and (h) shall be taken for computation of wage. Explanation. - Where an employee is given in lieu of the whole or part of the wages payable to him, any remuneration in kind by his employer, the value of such remuneration in kind which does not exceed fifteen per cent. of the total wages payable to him, shall be deemed to form part of the wages of such employee; (89) "wage ceiling" means such amount of wages as may be notified by the Central Government, for the purposes of becoming a member under Chapter III and Chapter IV; (90) "wage worker" means a person employed for remuneration in the unorganised sector, directly by an employer or through any contractor, irrespective of place of work, whether exclusively for one employer or for one or more employers, whether in cash or in kind, whether as a home-based worker, or as a temporary or casual worker, or as a migrant worker, or workers employed by households including domestic workers, with a monthly wage of an amount as may be notified by the Central Government and the State Government, as the case may be; (91) "woman" means a woman employed, whether directly or through any contractor, for wages in any establishment: Provided that for the purposes of Chapter IV, a woman who is or was an employee in respect of whom contribution is or were payable under the said Chapter and who is by reason thereof, entitled to any of the benefits provided under the said Chapter shall be called "insured woman" and shall include- (i) a commissioning mother who as biological mother wishes to have a child and prefers to get embryo implanted in any other woman; (ii) a woman who legally adopts a child of up to three months of age. ### 3. Registration and cancellation of an establishment. (1) Every establishment to which this Code applies shall be electronically or otherwise, registered within such time and in such manner as may be prescribed by the Central Government: Provided that the establishment which is already registered under any other Central labour law for the time being in force shall not be required to obtain registration again under this Code and such registration shall be deemed to be registration for the purposes of this Code: (2) Any establishment to which Chapter III or Chapter IV applies, and whose business activities are in the process of closure, may make an application for cancellation of registration granted under this section. (3) The manner of making application for cancellation of the registration under sub-section (2), the conditions subject to which the registration shall be cancelled and the procedure of cancellation and other matters relating thereto, shall be such as may be prescribed by the Central Government. Chapter II Social Security Organisations --------------------------------------------- ### 4. Constitution of Board of Trustees of Employees' Provident Fund. (1) The Central Government may, by notification, constitute, with effect from such date as may be specified therein, a Board of Trustees of the Employees' Provident Fund to be called the Central Board, for the purposes of Chapter III and the provisions of this Code relating to that Chapter, for the administration of the funds vested in it in such manner as may be prescribed by the Central Government, consisting of the following members, namely:- (a) a Chairperson and a Vice-Chairperson to be appointed by the Central Government; (b) not more than five persons appointed by the Central Government from amongst its officials; (c) not more than fifteen persons representing Governments of such States as the Central Government may specify in this behalf, to be appointed by the Central Government; (d) ten persons representing employers of the establishments to which the schemes referred to in sub section (1) of section 15 applies, to be appointed by the Central Government after consultation with such organisations of employers as may be recognised by the Central Government in this behalf; (e) ten persons representing employees in the establishments to which schemes referred to in sub-section (1) of section 15 applies, who shall be appointed by the Central Government after consultation with such organisations of employees as may be recognised by that Government in this behalf; and (f) the Central Provident Fund Commissioner, ex officio. (2) The Central Board shall be a body corporate by the name of Board of Trustees of the Employees' Provident Fund, having perpetual succession and a common seal and shall by the said name sue and be sued. (3) The Central Government may, by notification, constitute, with effect from such date as may be specified therein, an Executive Committee from amongst the members of the Central Board to assist the Central Board in performance of its functions in such manner as may be prescribed by the Central Government. (4) The Central Board may, by order, constitute one or more committees of such composition as may be specified in the order to assist it in the discharge of its functions. (5) The Central Board may, by order, delegate to its Chairperson or to its Executive Committee or to any of its officers and a State Board constituted under section 12 may, by order, delegate to its Chairperson or to any of its officers, subject to such conditions and limitations, if any, as it may specify in such order, such of its powers and functions under this Code as it may deem necessary for efficient administration of the schemes referred to in sub-section (1) of section 15. (6) The terms and conditions, including tenure of office, subject to which a member of the Central Board and Executive Committee shall discharge their respective duties may be such as may be prescribed by the Central Government: Provided that a member of the Central Board shall, notwithstanding the expiry of the tenure of his office, continue to hold office until his successor is appointed. (7) The Central Board, apart from the functions specified in this Code, shall also perform such other functions in such manner as may be prescribed by the Central Government. ### 5. Constitution of Employees' State Insurance Corporation. (1) The Central Government may, by notification, constitute with effect from such date as may be specified therein, the Employees' State Insurance Corporation to be called the Corporation, for the purposes of Chapter IV and the provisions of this Code relating to that Chapter and the administration thereof, in such manner as may be prescribed by the Central Government, consisting of the following members, namely:- (a) a Chairperson to be appointed by the Central Government; (b) a Vice-Chairperson to be appointed by the Central Government; (c) not more than five persons to be appointed by the Central Government from amongst its officials; (d) one person representing each of such States in such manner, as may be prescribed by the Central Government; (e) one person to be appointed by the Central Government to represent the Union territories; (f) ten persons representing employers to be appointed by the Central Government in consultation with such organisations of employers as may be recognised for the purpose by the Central Government; (g) ten persons representing employees to be appointed by the Central Government in consultation with such organisations of employees as may be recognised for the purpose by the Central Government; (h) two persons representing the medical profession to be appointed by the Central Government in consultation with such organisations of medical practitioners as may be recognised for the purpose by the Central Government; (i) three members of Parliament of whom two shall be members of the House of the People (Lok Sabha) and one shall be a member of the Council of States (Rajya Sabha) elected respectively by the members of the House of the People and the members of the Council of States; and (j) the Director General of the Corporation, ex officio. (2) The Corporation shall be a body corporate by the name of Employees' State Insurance Corporation, having perpetual succession and a common seal and shall by the said name sue and be sued. (3) The Central Government may, by notification, constitute, with effect from such date as may be specified therein, a Standing Committee from amongst the members of the Corporation, in such manner as may be prescribed by the Central Government. (4) Subject to the general superintendence and control of the Corporation, the Standing Committee- (a) shall administer the affairs of the Corporation and may exercise any of the powers and perform any of the functions of the Corporation in such manner as may be prescribed by the Central Government; (b) shall submit for the consideration and decision of the Corporation all such cases and matters as may be specified in the regulations made in this behalf; and (c) may, in its discretion, submit any other case or matter for the decision of the Corporation. (5) (a) The Central Government may, by notification, constitute, with effect from such date as may be specified therein, a Medical Benefit Committee of such composition as may be specified therein, to assist the Corporation and the Standing Committee in performance of its functions relating to administration of medical benefits. (b) the Medical Benefit Committee shall perform such duties and exercise such powers as may be prescribed by the Central Government. (6) The Corporation may, by order, constitute one or more committees of such composition as may be specified in the regulations to assist it in the discharge of its functions. (7) The terms and conditions, including tenure of office, subject to which a member of the Corporation and Standing Committee shall discharge their respective duties may be such as may be prescribed by the Central Government: Provided that a member of the Corporation shall, notwithstanding the expiry of the tenure of his office, continue to hold office until his successor is appointed. ### 6. National Social Security Board and State Unorganised Workers' Board. (1) The Central Government shall, by notification, constitute a National Social Security Board for unorganised workers to exercise the powers conferred on, and to perform the functions assigned to, it under this Code, in such manner as may be prescribed by the Central Government. (2) The National Social Security Board shall consist of the following members, namely:- (a) Union Minister for Labour and Employment as Chairperson; (b) Secretary, Ministry of Labour and Employment as Vice-Chairperson; (c) forty members to be nominated by the Central Government, out of whom- (i) seven members representing unorganised sector workers; (ii) seven members representing employers of unorganised sector; (iii) seven members representing eminent persons from civil society; (iv) two members representing the Lok Sabha and one from the Rajya Sabha; (v) ten members representing Central Government Ministries and Departments concerned; (vi) five members representing State Governments; (vii) one member representing the Union territories; and (d) the Director General Labour Welfare, as Member-Secretary, ex officio. (3) All members except Chairperson of the National Social Security Board shall be from amongst persons of eminence in the fields of labour welfare, management, finance, law and administration. (4) The manner in which members shall be nominated from each of the categories specified in clause (c) of sub-section (2), the term of office and other conditions of service of members, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among the members of, the National Social Security Board shall be such as may be prescribed by the Central Government: Provided that adequate representation shall be given to persons belonging to the Scheduled Castes, the Scheduled Tribes, the minorities and women. (5) The term of the National Social Security Board shall be three years. (6) The National Social Security Board shall meet at least thrice a year, at such time and place and shall observe such rules of procedure relating to the transaction of business at its meetings, as may be prescribed by the Central Government. (7) The National Social Security Board shall perform the following functions, namely:- (a) recommend to the Central Government for framing suitable schemes for different sections of unorganised workers, gig workers and platform workers; (b) advise the Central Government on such matters arising out of the administration of this Code as may be referred to it; (c) monitor such social welfare schemes for unorganised workers, gig workers and platform workers as are administered by the Central Government; (d) review the record keeping functions performed at the State level; (e) review the expenditure from the fund and account; and (f) undertake such other functions as are assigned to it by the Central Government from time to time. (8) The Central Government may, by notification, constitute with effect from such date as may be specified therein one or more advisory committee to advise the Central Government upon such matters arising out of the administration of this Code relating to unorganised workers and such other matters as the Central Government may refer to it for advice. (9) Every State Government shall, by notification, constitute a State Board to be known as (name of the State) Unorganised Workers' Social Security Board to exercise the powers conferred on, and to perform the functions assigned to, it under this Code, in such manner as may be prescribed by the State Government. (10) Every State Unorganised Workers' Board shall consist of the following members, namely:- (a) Minister of Labour and Employment of the concerned State as Chairperson, ex officio; (b) Principal Secretary or Secretary (Labour) as Vice-Chairperson; (c) one member representing the Central Government in the Ministry of Labour and Employment; (d) thirty-one members to be nominated by the State Government, out of whom- (i) seven representing the unorganised workers; (ii) seven representing employers of unorganised workers; (iii) two members representing the Legislative Assembly of the concerned State; (iv) five members representing eminent persons from civil society; (v) ten members representing the State Government Departments concerned; and (e) Member-Secretary as notified by the State Government. (11) All members except Chairperson of the State Unorganised Workers' Board shall be from amongst persons of eminence in the fields of labour welfare, management, finance, law and administration. (12) The manner in which members shall be nominated from each of the categories specified in clause (d) of sub-section (10), the term of office and other conditions of service of members, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among the members of, the State Unorganised Workers' Board shall be such as may be prescribed by the State Government: Provided that adequate representation shall be given to persons belonging to the Scheduled Castes, the Scheduled Tribes, the minorities and women. (13) The term of the State Unorganised Workers' Board shall be three years. (14) The State Unorganised Workers' Board shall meet at least once in a quarter at such time and place and shall observe such rules of procedure relating to the transaction of business at its meetings, as may be prescribed by the State Government. (15) The State Board shall perform the following functions, namely:- (a) recommend the State Government for framing suitable schemes for different sections of the unorganised sector workers; (b) advise the State Government on such matters arising out of the administration of this Code as may be referred to it; (c) monitor such social welfare schemes for unorganised workers as are administered by the State Government; (d) review the record keeping functions performed at the district level; (e) review the progress of registration and issue of cards to unorganised sector workers; (f) review the expenditure from the funds under various schemes; and (g) undertake such other functions as are assigned to it by the State Government from time to time. (16) The State Government may, by notification, constitute with effect from such date as may be specified therein, one or more advisory committee to advise the State Government upon such matters arising out of the administration of this Code relating to unorganised workers and such other matters as the State Government may refer to it for advice. ### 7. Constitution of State Building Workers' Welfare Boards. (1) Every State Government shall, with effect from such date as it may, by notification, appoint, constitute a Board to be known as the................(name of the State) Building and Other Construction Workers' Welfare Board to exercise the powers conferred on, and perform the functions assigned to, it under this section and Chapter VIII. (2) The Building Workers' Welfare Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal and shall by the said name sue and be sued. (3) The Building Workers' Welfare Board shall consist of a chairperson to be nominated by the State Government, one member to be nominated by the Central Government and such number of other members, not exceeding fifteen, as may be appointed to it by the State Government: Provided that the Building Workers' Welfare Board shall include an equal number of members representing the State Government, the employers and the building workers and that at least one member of the Board shall be a woman. (4) The terms and conditions of appointment and the salaries and other allowances payable to the chairperson and the other members of the Building Workers' Welfare Board, and the manner of filling of casual vacancies of the members of the Building Workers' Welfare Board, shall be such as may be prescribed by the State Government. (5) (a) The Building Workers' Welfare Board shall appoint a Secretary and such officers and employees as it considers necessary for the efficient discharge of its functions under this Code. (b) The Secretary of the Building Workers' Welfare Board shall be its chief executive officer. (c) The terms and conditions of appointment and the salary and allowances payable to the Secretary and the other officers and employees of the Building Workers' Welfare Board shall be such as may be prescribed by the State Government. (6) The Building Workers' Welfare Board shall perform the following functions, namely:- (a) provide death and disability benefits to a beneficiary or his dependants; (b) make payment of pension to the beneficiaries who have completed the age of sixty years; (c) pay such amount in connection with premium for Group Insurance Scheme of the beneficiaries as may be prescribed by the appropriate Government; (d) frame educational schemes for the benefit of children of the beneficiaries as may be prescribed by the appropriate Government; (e) meet such medical expenses for treatment of major ailments of a beneficiary or, such dependant, as may be prescribed by the appropriate Government; (f) make payment of maternity benefit to the beneficiaries; (g) frame skill development and awareness schemes for the beneficiaries; (h) provide transit accommodation or hostel facility to the beneficiaries; (i) formulation of any other welfare scheme for the building worker beneficiaries by State Government in concurrence with the Central Government; and (j) make provision and improvement of such other welfare measures and facilities as may be prescribed by the Central Government. (7) The State Government may, by notification, constitute with effect from such date as may be specified therein one or more advisory committee to advise the State Government upon such matters arising out of the administration of this Code relating to building workers and such other matters as the State Government may refer to it for advice. ### 8. Disqualification and removal of a member of any Social Security Organisation. (1) No person shall be chosen as, or continue to be, a member of a Social Security Organisation, or any Committee thereof who,- (a) is or at any time has been adjudged an insolvent; or (b) is found to be a lunatic or becomes of unsound mind; or (c) is or has been convicted of any offence involving moral turpitude; or (d) is an employer in an establishment and has defaulted in the payment of any dues under this Code; or (e) is a member of a Social Security Organisation being a member of the Parliament or a member of a State Legislative Assembly, when he ceases to be such member of the Parliament or State Legislative Assembly, as the case may be; or (f) is a member of Social Security Organisation being a member of the Parliament or a member of a State Legislative Assembly, and he becomes a- (i) Minister of Central or State Government; or (ii) Speaker or Deputy Speaker of House of the People or a State Legislative Assembly; or (iii) Deputy Chairman of the Council of States. Explanation 1. - If any question arises whether any person is disqualified under clause (d) , it shall be referred to the appropriate Government and the decision of the appropriate Government on any such question shall be final. Explanation 2. - Clause (f) shall not apply in case of persons who are members of the Social Security Organisation ex officio, by virtue of being a Minister. (2) The Central Government, in case of the Central Board, the Corporation and the National Social Security Board and the State Government in case of the State Unorganised Workers' Board and the Building Workers' Welfare Board, may remove any member of such Social Security Organisation from his office, who, - (a) is or has become subject to any of the disqualifications mentioned in sub-section (1); or (b) is absent without leave of the Social Security Organisation of which he is a member for more than three consecutive meetings of the Social Security Organisation or a Committee thereof; (c) in the opinion of such Government, has so abused the position of his office as to render that member's continuation in the office detrimental to the public interest or is otherwise unfit or unsuitable to continue as such member in the opinion of such Government: Provided that no person shall be removed under clauses (b) and (c), unless that person has been given an opportunity to show cause as to why he should not be removed: Provided further that a member of the Executive Committee of the Central Board or the Standing Committee of the Corporation shall cease to hold office if he ceases to be a member of the Central Board or the Corporation, as the case may be. (3) Any member of a Social Security Organisation or a Committee thereof may at any time resign from his office in writing under his hand addressed to the Central Government or the State Government, as the case may be, which had made his appointment and on acceptance of such resignation, his office shall become vacant. (4) If in a Social Security Organisation or a Committee thereof, the Central Government or the State Government, as the case may be, is of the opinion that- (a) any member thereof representing employers or the employees or the unorganised workers, as the case may be, ceases to adequately represent so; or (b) any member thereof representing to be an expert in a specified area, is later on found not to possess sufficient expertise in that area; or (c) having regard to exigencies of circumstances or services in such Government, the member thereof representing such Government cannot continue to represent the Government, then, such Government may, by order, remove such member from his office: Provided that no person shall be removed under clause (a) or clause (b), unless that person has been given an opportunity to show cause as to why he should not be removed. (5) If any member of a Social Security Organisation or a Committee thereof, who is a director of a company and who as such director, has any direct or indirect pecuniary interest in any matter coming up for consideration of the Social Security Organisation or a Committee thereof, then, he shall, as soon as may be possible after such fact of interest has come to his knowledge, disclose the nature of the interest and such disclosure shall be recorded in the proceedings of the Social Security Organisation or the Committee thereof, as the case may be, and such member, thereafter, shall not take part in any proceeding or decision of the Social Security Organisation, or a Committee thereof relating to that matter. ### 9. Procedure for transaction of business of Social Security Organisation, etc. (1) A Social Security Organisation or any Committee thereof shall meet at such intervals and observe such procedure in regard to the transaction of business at its meetings (including the quorum at such meetings) as may be prescribed by the Central Government. (2) All orders and decisions of the Social Security Organisation shall be authenticated by the Central Provident Fund Commissioner, Director General, Director General Labour Welfare, State Principal Secretary or Secretary (Labour) of the respective Social Security Organisations or such other officer as may be notified by the appropriate Government and all other instruments issued by the Social Security Organisation shall be authenticated by the signature of such officer as may be authorised by an order by the respective Social Security Organisations. (3) No act done or proceeding taken by a Social Security Organisation or any Committee thereof shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of the Social Security Organisation or the Committee thereof, as the case may be. (4) Such members of a Social Security Organisation or any Committee thereof shall be entitled for such fee and allowances as may be prescribed by the Central Government. ### 10. Executive Heads of Central Board and Corporation. - The Central Provident Fund Commissioner and the Director General shall be the whole-time officer of the Central Board and the Corporation, respectively, and such officer shall not undertake any work unconnected with his office without the prior approval of the Central Government. ### 11. Supersession of Corporation, Central Board, National Social Security Board or State Unorganised Workers' Board or the Building Workers' Welfare Board. (1) If the Central Government in case of the Central Board, the Corporation or the National Social Security Board and the State Government, in case of the State Unorganised Workers' Board or the Building Workers' Welfare Board, is of the opinion that the Corporation or the Central Board or the National Social Security Board or the State Unorganised Workers' Board or the Building Workers' Welfare Board or any of the Committee thereof, as the case may be, is unable to perform its functions, or, has persistently made delay in the discharge of its functions or has exceeded or abused its powers or jurisdiction, then such Government may, by notification, supersede the Corporation or the Central Board or the National Social Security Board or the State Unorganised Workers' Board or the Building Workers' Welfare Board, or any of the Committee thereof, as the case may be, and reconstitute it in such manner as may be prescribed by the Central Government: Provided that, before issuing a notification under this sub-section on any of the grounds specified herein, such Government shall give an opportunity to the Corporation or the Central Board or the National Social Security Board or the State Unorganised Workers' Board or the Building Workers' Welfare Board or any Committee thereof, as the case may be, to show cause as to why it should not be superseded and shall consider the explanations and objections raised by it and take appropriate action thereon. (2) After the supersession of the Corporation, or the Central Board or the National Social Security Board, the State Unorganised Workers' Board or the Building Workers' Welfare Board, or any of the Committee thereof, as the case may be, and until it is reconstituted, the Central Government or the State Government, as the case may be, shall make such alternate arrangements for the purpose of administration of the relevant provisions of this Code, as may be prescribed by the Central Government. (3) The Central Government or the State Government, as the case may be, shall cause, a full report of any action taken by it under this section and the circumstances leading to such action, to be laid before each House of Parliament or the State Legislature, as the case may be, at the earliest opportunity and in any case not later than three months from the date of the notification of supersession issued under sub-section (1). ### 12. State Board, Regional Boards, local committees, etc. (1) The Central Government may, by notification,- (i) after consultation with the Government of any State, constitute for that State, a Board of Trustees (hereinafter in this Code referred to as a State Board) which shall exercise such powers and perform such functions as may be assigned by notification, to it by the Central Government from time to time; (ii) specify the manner of constitution of a State Board, the terms and conditions of the appointment of its members and the procedure of its meeting and other proceedings relating thereto. (2) The Corporation may, by order, appoint Regional Boards and local committees in such area and in such manner to perform such functions and to exercise such powers as may be specified in the regulations. ### 13. Entrustment of additional functions to Social Security Organisations. - Notwithstanding anything contained in this Code, the Central Government may, by notification,- (i) assign additional functions to a Social Security Organisation including administration of any other Act or scheme relating to social security subject to such provisions as may be specified in this behalf in the notification: Provided that while the additional function of administering the Act or scheme are assigned under this clause to a Social Security Organisation, the officer or authority of such organisation, to whom such function has been assigned, shall exercise the powers under the enactment or scheme required for discharging such function in the manner as may be specified in the notification: Provided further that the Social Security Organisations may assign such additional functions to existing officers or appoint or engage new officers necessary for such purpose, if such functions may not be performed and completed with the assistance of its personnel as existing immediately before the assignment of the additional functions; (ii) specify the terms and conditions of discharging the functions under clause (i) by the Social Security Organisation; (iii) provide that the expenditure incurred in discharging the functions specified in clause (i) including appointment or engagement of personnel necessary for proper discharge of such functions shall be borne by the Central Government; (iv) specify the powers which the Social Security Organisation shall exercise while discharging the functions specified in clause (i); and (v) provide that any expenditure referred to in clause (iii) shall be made by the Social Security Organisation after prior approval of the Central Government. Chapter III Employees' Provident Fund ------------------------------------------ ### 14. Appointment of officers of Central Board. (1) The Central Government may appoint a Central Provident Fund Commissioner who shall be the Chief Executive Officer of the Central Board and shall also function as head of the Employees' Provident Fund Organisation. Explanation. - For the purposes of this Code, the expression "Employees' Provident Fund Organisation" means the organisation consisting of officers and employees of the Central Board. (2) The Central Provident Fund Commissioner shall be subject to the general control and superintendence of the Central Board in the discharge of his functions under this Code. (3) The Central Government shall also appoint a Financial Advisor and Chief Accounts Officer to assist the Central Provident Fund Commissioner in the discharge of his duties. (4) The Central Board may appoint, as many Additional Central Provident Fund Commissioners, Deputy Provident Fund Commissioners, Regional Provident Fund Commissioners, Assistant Provident Fund Commissioners and such other officers and employees as it may consider necessary for the efficient administration of the Provident Fund Scheme, the Pension Scheme and the Insurance Scheme or other responsibilities assigned to the Central Board from time to time by the Central Government. (5) No appointment to the post of the Central Provident Fund Commissioner or an Additional Central Provident Fund Commissioner or a Financial Adviser and Chief Accounts Officer or any other post under the Central Board carrying a scale of pay equivalent to the scale of pay of any Group 'A' or Group 'B' post under the Central Government shall be made except after consultation with the Union Public Service Commission: Provided that no such consultation shall be necessary in regard to any such appointment- (a) for a period not exceeding one year; or (b) if the person to be appointed is, at the time of his appointment,- (i) a member of the Indian Administrative Service, or (ii) in the service of the Central Government or the Central Board in a Group 'A' or Group 'B' post. (6) The method of recruitment, salary and allowances, discipline and other conditions of service of the Central Provident Fund Commissioner and the Financial Adviser and Chief Accounts Officer shall be such as may be specified by the Central Government and such salary and allowances shall be paid out of the Provident Fund. (7) (a) The method of recruitment, salary and allowances, discipline and other conditions of service of the Additional Central Provident Fund Commissioners, Deputy Provident Fund Commissioners, Regional Provident Fund Commissioners, Assistant Provident Fund Commissioners and other officers and employees of the Central Board shall be such as may be specified by the Central Board in accordance with the rules and orders applicable to the officers and employees of the Central Government drawing corresponding scales of pay: Provided that where the Central Board is of the opinion that it is necessary to make a departure from the said rules or orders in respect of any of the matters aforesaid, it shall obtain the prior approval of the Central Government: Provided further that the salary and allowances of the officers specified in this clause shall not exceed the scale of pay respectively provided in the Provident Fund Scheme. (b) In determining the corresponding scales of pay of officers and employees under clause (a), the Central Board shall have regard to the educational qualifications, method of recruitment, duties and responsibilities of such officers and employees under the Central Government and in case of any doubt, the Central Board shall refer the matter to the Central Government whose decision thereon shall be final. ### 15. Schemes. (1) The Central Government may, by notification- (a) frame a scheme to be called the Employees' Provident Fund Scheme for which the provident funds shall be established under this Chapter for employees or for any class of employees and specify the establishments or class of establishments to which the said scheme shall apply; (b) frame a scheme to be called the Employees' Pension Scheme for the purpose of providing for- (i) superannuation pension, retiring pension or permanent total disablement pension to the employees of any establishment or class of establishments to which this Chapter applies; (ii) widow or widower's pension, children pension or orphan pension payable to the beneficiaries of such employees; and (iii) nominee pension; (c) frame a scheme to be called the Employees' Deposit Linked Insurance Scheme for the purpose of providing life insurance benefits to the employees of any establishment or class of establishments to which this Chapter applies; (d) frame any other scheme or schemes for the purposes of providing social security benefits under this Code to self-employed workers or any other class of persons; and (e) modify any scheme referred to in clauses (a), (b), (c) and (d) by adding thereto, amending or varying therein, either prospectively or retrospectively. (2) Subject to the provisions of this Chapter, the schemes referred to in clauses (a), (b) and (c) of sub-section (1) may provide for all or any of the matters respectively specified in Part A, Part B and Part C of the Fifth Schedule. (3) The schemes may provide that all or any of its provisions shall take effect either prospectively or retrospectively on and from such date as may be specified in that behalf in the scheme. ### 16. Funds. (1) The Central Government may, for the purposes of- (a) the Provident Fund Scheme, establish a Provident Fund where the contributions paid by the employer to the fund shall be ten per cent. of the wages for the time being payable to each of the employees (whether employed by him directly or by or through a contactor), and the employee's contribution shall be equal to the contribution payable by the employer in respect of him and may, if any employee so desires, be an amount exceeding ten per cent. of the wages, subject to the condition that the employer shall not be under an obligation to pay any contribution over and above his contribution payable under this section: Provided that in its application to any establishment or class of establishments which the Central Government, after making such inquiry as it deems fit, may, by notification, specify, this section shall be subject to the modification that for the words "ten per cent." at both the places where they occur, the words "twelve per cent." shall be substituted: Provided further that the Central Government, after making such inquiry as it deems fit, may, by notification, specify rates of employees' contributions and the period for which such rates shall apply for any class of employee; (b) the Pension Scheme, establish a Pension Fund in the manner specified in that scheme by that Government into which there shall be paid, from time to time, in respect of every employee who is a member of the Pension Scheme,- (i) such sums from the employer's contribution under clause (a) not exceeding eight and one-third per cent. of the wages or such per cent. of wages as may be notified by the Central Government; (ii) such sums payable as contribution to the Pension Fund, as may be specified in the Pension Scheme, by the employers of the exempted establishments under section 143 to which the pension scheme applies; (iii) such sums as the Central Government after due appropriation by Parliament by law in this behalf, specify; (c) the Insurance Scheme, establish a Deposit-Linked Insurance Fund in the manner specified in that scheme by that Government into which there shall be paid by the employer from time to time in respect of every such employee in relation to whom he is the employer, such amount, not being more than one per cent. of the wages or such per cent. of wages as may be notified by the Central Government for the time being payable in relation to such employee: Provided that the employer shall pay into the Insurance Fund such further sums of money, not exceeding one-fourth of the contribution which he is required to make under this clause, as the Central Government may, from time to time, determine to meet all the expenses in connection with the administration of the Insurance Scheme other than the expenses towards the cost of any benefits provided by or under the Insurance Scheme. (2) The Provident Fund, the Pension Fund and the Insurance Fund shall vest in, and be administered by, the Central Board in such manner as may be specified in the respective schemes. ### 17. Contribution in respect of employees and contractors. (1) The amount of contribution (that is to say, the employer's contribution as well as the employee's contribution in pursuance of any scheme and the employer's contribution in pursuance of the Insurance Scheme) and any charge for meeting the cost of administering the fund paid or payable by an employer in respect of an employee employed by or through a contractor may be recovered by such employer from the contractor, either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor. (2) A contractor from whom the amounts mentioned in sub-section (1) may be recovered in respect of any employee employed by or through him may recover from such employee, the employee's contribution under any scheme by deduction from the wages payable to such employee. (3) Notwithstanding any contract to the contrary, no contractor shall be entitled to deduct the employer's contribution or the charges referred to in sub-section (1) from the wages payable to an employee employed by or through him or otherwise to recover such contribution or charges from such employee. ### 18. Fund to be recognised under Act 43 of 1961 . - For the purposes of the Income-tax Act, 1961, the Provident Fund shall be deemed to be a recognised provident fund within the meaning of clause (38) of section 2 of that Act: Provided that nothing contained in the said Act shall operate to render ineffective any provision of the Provident Fund Scheme (under which the Provident Fund is established) which is repugnant to any of the provisions of that Act or of the rules made thereunder. ### 19. Priority of payment of contributions over other debts. - Notwithstanding anything contained in any other law for the time being in force, any amount due under this Chapter shall be the charge on the assets of the establishment to which it relates and shall be paid in priority in accordance with the provisions of the Insolvency and Bankruptcy Code, 2016 (31 of 2016). ### 20. Chapter not to apply to certain establishments. (1) This Chapter shall not apply- (a) to any establishment registered under the Co-operative Societies Act, 1912(2 of 1912) or under any other law for the time being in force in any State relating to co-operative societies employing less than fifty persons and working without the aid of power; or (b) to any other establishment belonging to or under the control of the Central Government or a State Government and whose employees are entitled to the benefit of contributory provident fund or old age pension in accordance with any scheme or rule framed by the Central Government or the State Government governing such benefits; or (c) to any other establishment set up under any Central or State or any other law for the time being in force and whose employees are entitled to the benefits of contributory provident fund or old age pension in accordance with any scheme or rule framed under that law governing such benefits; or (d) to the employees who, immediately before the commencement of this Code, were receiving benefits of Provident Fund under any Central or State enactment. (2) If the Central Government is of the opinion that having regard to the financial position of any class of establishment or other circumstances of the case, it is necessary or expedient so to do, it may, by notification and subject to such conditions, as may be specified in the notification, exempt, whether prospectively or retrospectively, that class of establishments from the operation of this Chapter for such period as may be specified in the notification. ### 21. Authorising certain employers to maintain provident fund accounts. (1) The Central Government may, on an application made to it in this behalf by the employer and the majority of employees in relation to an establishment employing one hundred or more persons, authorise the employer by an order in writing, to maintain a provident fund account in relation to the establishment, in such manner as may be prescribed by the Central Government and subject to such terms and conditions as may be specified in the Provident Fund Scheme: Provided that no authorisation shall be made under this sub-section if the employer of such establishment had committed any default in the payment of provident fund contribution or had committed any other offence under this Code during the three years immediately preceding the date of such authorisation. (2) Where an establishment is authorised to maintain a provident fund account under sub-section (1), the employer in relation to such establishment shall maintain such account, submit such return, deposit the contribution in such manner, provide for such facilities for inspection, pay such administrative charges, and abide by such other terms and conditions, as may be specified in the Provident Fund Scheme. (3) Any authorisation made under this section may be cancelled by the Central Government by order in writing if the employer fails to comply with any of the terms and conditions of the authorisation or where he commits any offence under any provision of this Code: Provided that before cancelling the authorisation, the Central Government shall give the employer a reasonable opportunity of being heard. ### 22. Transfer of accounts. - Where an employee,- (a) employed in an establishment to which this Chapter applies, relinquishes his employment therefrom and obtains employment in any other establishment to which this Chapter applies or not; or (b) employed in an establishment to which this Chapter does not apply, relinquishes his employment therefrom and obtains employment in an establishment to which this Chapter applies, then, his accumulated amount in provident fund account or pension account, as the case may be, shall be transferred or dealt with in the manner as may be specified in the Provident Fund Scheme or the Pension Scheme, as the case may be. ### 23. Appeal to Tribunal. (1) Any person aggrieved by an order passed by any authority in regard to the following matters may prefer an appeal to the Tribunal constituted by the Central Government, namely: - (a) determination and assessment of dues under section 125 relating to Chapter III; and (b) levy of damages under section 128 relating to Chapter III. (2) Every appeal under sub-section (1) shall be filed in such form and manner, within such time and accompanied by such fees as may be prescribed by the Central Government. (3) No appeal under clause (a) of sub-section (1) by the employer shall be entertained by the Tribunal unless he has deposited with Social Security Organisation concerned twenty-five per cent. of the amount due from him as determined by an officer under section 125. (4) The Tribunal shall endeavour to decide the appeal within a period of one year from the date on which the appeal has been preferred. Chapter IV Employees State Insurance Corporation ----------------------------------------------------- ### 24. Principal Officers and other staff. (1) The Central Government may appoint a Director General of the Corporation and a Financial Commissioner, who shall be the Principal Officers of the Corporation. (2) The Director General and the Financial Commissioner shall hold office for such period, not exceeding five years, as may be specified in the order of appointment: Provided that outgoing Director General or Financial Commissioner, as the case may be, shall be eligible for re-appointment if he is otherwise qualified. (3) The Director General or the Financial Commissioner shall receive such salary and allowances as may be prescribed by the Central Government. (4) The Director General and the Financial Commissioner shall exercise such powers and discharge such duties as may be prescribed by the Central Government and shall perform such other functions as may be specified in the regulations. (5) A person shall be disqualified from being appointed as or for being the Director General of the Corporation or the Financial Commissioner if he is subject to any of the disqualifications specified in section 8. (6) The Central Government may at any time remove the Director General of the Corporation or the Financial Commissioner from office and shall do so if such removal is recommended by a resolution of the Corporation passed at a special meeting called for the purpose and supported by the votes of not less than two-third of the total strength of the Corporation. (7) The Corporation may employ such other officers and employees as may be necessary for the efficient transaction of its business and for discharge of any other responsibilities assigned to the Corporation from time to time by the Central Government: Provided that the sanction of the Central Government shall be obtained for the creation of any post the maximum monthly salary of which exceeds such salary as may be prescribed by the Central Government. (8) (a) The method of recruitment, salary and allowances, discipline and other conditions of service of the officers and employees of the Corporation shall be such as may be specified in the regulations in accordance with the rules and orders applicable to the officers and employees of the Central Government drawing corresponding scales of pay: Provided that the terms and conditions of service including pay and allowances of such posts of medical specialists and super specialists in the Corporation possessing comparable qualifications and expertise, as may be notified by the Central Government, with the equivalent posts of the specialists and super specialists in the All India Institute of Medical Sciences or in the Post Graduate Institutes of Medical Sciences and Research or other similar institutions established by the Central Government, shall respectively be similar: Provided further that where the Corporation is of the opinion that it is necessary to make a departure from the said rules or orders in respect of any of the matters aforesaid, it shall obtain the prior approval of the Central Government: Provided also that this sub-section shall not apply to appointment of consultants and specialists in various fields appointed on contract basis. (b) In determining the corresponding scales of pay of officers and employees under clause (a), the Corporation shall have regard to the educational qualifications, method of recruitment, duties and responsibilities of such officers and employees under the Central Government and in case of any doubt, the Corporation shall refer the matter to the Central Government whose decision thereon shall be final. (9) Every appointment to posts (other than medical, nursing or para-medical posts) corresponding to Group 'A' and Group 'B' Gazetted posts under the Central Government shall be made in consultation with the Union Public Service Commission: Provided that the provisions of this sub-section shall not apply to an officiating or temporary appointment for a period not exceeding one year: Provided further that any such officiating or temporary appointment shall not confer any claim for regular appointment and the services rendered in that capacity shall not count towards seniority or minimum qualifying service specified in the regulations for promotion to next higher grade. (10) If any question arises whether a post corresponds to a Group 'A' and Group 'B' posts under the Central Government, the question shall be referred to that Government whose decision thereon shall be final. ### 25. Employees' State Insurance Fund. (1) All contributions and user charges paid under this Chapter and all other moneys received on behalf of the Corporation shall be paid into a fund (hereinafter referred to as the Employees' State Insurance Fund) which shall be held and administered by the Corporation for the purposes of this Code: Provided that the user charges collected from the other beneficiaries referred to in section 44 shall be deemed to be contribution and shall form part of Employees' State Insurance Corporation. (2) The Corporation may accept grants, donations, Corporate Social Responsibility Fund and gifts from the Central or any State Government, local authority, or any individual or body whether incorporated or not, for all or any of the purposes of this Chapter. (3) Subject to the other provisions contained in this Code and to any rules or regulations made in this behalf, all moneys accruing or payable to the said Fund shall be deposited in such bank or banks as may be approved by the Central Government to the credit of an account styled the account of the Employees' State Insurance Fund. (4) The Employees State Insurance Fund or any other money which is held by the Corporation shall be deposited or invested in the manner prescribed by the Central Government and the account referred to in sub-section (3) shall be operated by such officers as may be authorised by the Committee constituted under sub-section (3) of section 5 (hereinafter referred to as the Standing Committee) with the approval of the Corporation. ### 26. Purposes for which Employees' State Insurance Fund may be expended. - Subject to the provisions of this Chapter and the rules and regulations relating thereto, made under this Code, the Employees' State Insurance Fund shall be expended only for the following purposes, namely:- (a) payment of benefits and provision of medical treatment and attendance to Insured Persons referred to in section 28 and, where the medical benefit is extended to their families, the provision of such medical benefit to their families, in accordance with the provisions of this Chapter and the rules and regulations relating thereto and defraying the charges and costs in connection therewith; (b) payment of fees and allowances to members of the Corporation, the Standing Committee, the Medical Benefit Committee or other Committees thereof; (c) payment of salaries, leave and joining time allowances, travelling and compensatory allowances, gratuities and compassionate allowances, pensions, contributions to provident or other benefit fund of officers and staff of the Corporation and meeting the expenditure in respect of offices and other services set up for the purpose of giving effect to the provisions of this Code relating to this Chapter; (d) establishment and maintenance of hospitals, dispensaries and other institutions and the provision of medical and other ancillary services for the benefit of Insured Persons referred to in section 28 and, where the medical benefit is extended to their families; (e) payment of contributions to any State Government, local authority or any private body or individual, towards the cost of medical treatment and attendance provided to Insured Persons referred to in section 28 and, where the medical benefit is extended to their families, their families, including the cost of any building and equipment, in accordance with any agreement entered into by the Corporation; (f) defraying the cost (including all expenses) of auditing the accounts of the Corporation and of the valuation of its assets and liabilities; (g) defraying the cost (including all expenses) of the Employees' Insurance Courts set up under this Chapter; (h) payment of any sums under any contract entered into for the purposes of this Code by Corporation or the Standing Committee or by any officer duly authorised by the Corporation or the Standing Committee in that behalf; (i) payment of sums under any decree, order or award of any Court or Tribunal against the Corporation or any of its officers or staff for any act done in the execution of his duty or under a compromise or settlement of any suit or other legal proceeding or claim instituted or made against the Corporation; (j) defraying the cost and other charges of instituting or defending any civil or criminal proceedings arising out of any action taken under this Code relating to this Chapter; (k) defraying expenditure, within the limits prescribed by the Central Government after consultation with the Corporation, on measures for the improvement of the health and welfare of Insured Persons and for the rehabilitation and re-employment of Insured Persons referred to in section 28 who have been disabled or injured; and (l) such other purposes as may be authorised by the Corporation with the previous approval of the Central Government. ### 27. Holding of property, etc. (1) The Corporation may, subject to such conditions as may be prescribed by the Central Government, acquire and hold property, both movable and immovable, sell or otherwise transfer any movable or immovable property which may have become vested in or have been acquired by it and do all things necessary for the purposes for which the Corporation is established. (2) Subject to such conditions as may be prescribed by the Central Government, the Corporation may from time to time invest any moneys which are not immediately required for expenses properly defrayable under this Code and may, subject to as aforesaid, from time to time re-invest or realise such investments. (3) The Corporation may, with the previous sanction of the Central Government and on such terms as may be prescribed by it, raise loans and take measures for discharging such loans. (4) The Corporation may constitute for the benefit of its officers and staff or any class of them, such provident or other benefit fund as it may think fit. ### 28. All employees to be insured. (1) Subject to the provisions of this Code, every employee in an establishment to which this Chapter applies shall be insured in such manner whether electronically or otherwise, as may be prescribed by the Central Government. (2) An employee whether insured or insurable under sub-section (1) in respect of whom contributions are or were payable and who is by reason thereof, entitled to any of the benefits provided under this Chapter, shall be called "Insured Person". ### 29. Contributions. (1) The contribution payable under this Chapter in respect of an employee shall comprise contribution payable by the employer (hereinafter referred to as the employer's contribution) and contribution payable by the employee (hereinafter referred to as the employee's contribution) and shall be paid to the Corporation. (2) The contributions (employer's contribution and the employee's contribution both) shall be paid at such rates as may be prescribed by the Central Government. (3) The wage period in relation to an employee shall be the unit as specified in the regulations (hereinafter referred to as the wage period) in respect of which all contributions shall be payable under this Chapter. (4) The contributions payable in respect of each wage period shall ordinarily fall due on the last day of the wage period, and where an employee is employed for part of the wage period, or is employed under two or more employers during the same wage period, the contributions shall fall due on such days as may be specified in the regulations. ### 30. Administrative expenses. - The types of expenses which may be termed as administrative expenses and the percentage of the income of the Corporation which may be spent for such expenses shall be such as may be prescribed by the Central Government and the Corporation shall keep its administrative expenses within the limit so prescribed by the Central Government. ### 31. Provisions as to payment of contributions by employer, etc. (1) The employer shall pay in respect of every employee, whether directly employed by him or by or through a contractor, both the employer's contribution and the employee's contribution. (2) Notwithstanding anything contained in any other law for the time being in force, but subject to the provisions of this Code and the rules and regulations, if any, made thereunder in this behalf, the employer shall, in the case of an employee directly employed by him (not being an exempted employee), be entitled to recover from the employee the employee's contribution by reduction from his wages and not otherwise: Provided that no such deduction shall be made from any wages other than such as relates to the period or part of the period in respect of which the contribution is payable or in excess of the sum representing the employee's contribution for the period. (3) Notwithstanding any contract to the contrary, neither the employer nor the contractor shall be entitled to deduct the employer's contribution from any wages payable to an employee or otherwise to recover it from him. (4) Any sum deducted by the employer from wages under this Chapter shall be deemed to have been entrusted to him by the employee for the purpose of paying the contribution in respect of which it was deducted. (5) The employer shall bear the expenses of remitting the contributions to the Corporation. (6) An employer, who has paid contribution in respect of an employee employed by or through a contractor, shall be entitled to recover the amount of the contribution so paid (that is to say the employer's contribution as well as the employee's contribution, if any,) from the contractor, either by deduction from any amount payable to him by the employer under any contract, or as a debt payable by the contractor. (7) The contractor shall maintain a register of employees employed by or through him as provided in the regulations and submit the same to the employer before the settlement of any amount payable under sub-section (6). (8) In the case referred to in sub-section (6), the contractor shall be entitled to recover the employee's contribution from the employee employed by or through him by deduction from wages and not otherwise, subject to such conditions as specified in the proviso to sub-section (2). (9) Subject to the provisions of this Code, the Corporation may make regulations for any matter relating or incidental to the payment and collection of contributions payable under this Chapter. ### 32. Benefits. (1) Subject to the provisions of this Code, the Insured Persons, their dependants or the persons hereinafter mentioned, as the case may be, shall be entitled to the following benefits, namely:- (a) periodical payments to any Insured Person in case of his sickness certified by a duly appointed medical practitioner or by any other person possessing such qualifications and experience as the Corporation may, by the regulations, specify in this behalf (hereinafter referred to as sickness benefit); (b) periodical payments to an Insured Person being a woman in case of confinement or miscarriage or sickness arising out of pregnancy, confinement, premature birth of child or miscarriage, such woman being certified to be eligible for such payments by an authority specified in this behalf by the regulations (hereinafter referred to as maternity benefit); (c) periodical payments to an Insured Person suffering from disablement as a result of an employment injury sustained by him as an employee for the purposes of this Chapter and certified to be eligible for such payments by an authority specified in this behalf by the regulations (hereinafter referred to as disablement benefit); (d) periodical payments to such dependants of an Insured Person who dies as a result of an employment injury sustained by him as an employee for the purposes of this Chapter, as are entitled under this Chapter (hereinafter referred to as dependants' benefit); (e) medical treatment for and attendance on Insured Persons (hereinafter referred to as medical benefit); and (f) payment to the eldest surviving member of the family of an Insured Person who has died, towards the expenditure on the funeral of the deceased Insured Person, or, where the Insured Person did not have a family or was not living with his family at the time of his death, to the person who actually incurs the expenditure on the funeral of the deceased Insured Person (to be known as funeral expenses): Provided that the amount of payment under this clause shall not exceed such amount as may be prescribed by the Central Government and the claim for such payment shall be made within three months of the death of the Insured Person or within such extended period as the Corporation or any officer or authority authorised by it in this behalf may allow. (2) The Corporation may, subject to such conditions as may be laid down in the regulations, extend the medical benefits to the family of an Insured Person. (3) The qualification of a person to claim sickness benefit, maternity benefit, disablement benefit and dependants' benefit and the conditions subject to which such benefit may be given and the rate and period thereof, shall be such as may be prescribed by the Central Government. (4) Subject to the provisions of this Code and the rules made thereunder relating to this Chapter, the Corporation may make regulations for any matter relating or incidental to the accrual and payment of benefits payable under this Chapter. ### 33. Corporation's power to promote measures for health, etc., of Insured Persons. - The Corporation may, in addition to the benefits specified in this Chapter, promote measures for the improvement of the health and welfare of Insured Persons and for the rehabilitation and re-employment of Insured Persons who have been disabled or injured and may incur in respect of such measures, expenditure from the Employees' State Insurance Fund within such limits as may be prescribed by the Central Government. ### 34. Presumption as to accident arising in course of employment. (1) For the purposes of this Chapter, an accident arising in the course of an employee's employment shall be presumed, in the absence of evidence to the contrary, to have arisen out of that employment. (2) An accident happening to an employee in or about any premises at which he is for the time being employed for the purpose of his employer's trade or business shall be deemed to arise out of and in the course of his employment, if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property. (3) An accident occurring to an employee while commuting from his residence to the place of employment for duty or from 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. (4) An accident happening while an employee is, with the express or implied permission of his employer, travelling as a passenger by any vehicle to or from his place of work shall, notwithstanding that he is under no obligation to his employer to travel by that vehicle, be deemed to arise out of and in the course of his employment, if - (a) the accident would have been deemed so to have arisen had he been under such obligation; and (b) at the time of the accident, the vehicle - (i) is being operated by or on behalf of his employer or some other person by whom it is provided in pursuance of arrangements made with his employer; and (ii) is not being operated in the ordinary course of public transport service. Explanation. - In this section, "vehicle" includes a vessel and an aircraft. ### 35. Accidents happening while acting in breach of law, etc. - An accident shall be deemed to arise out of and in the course of an employee's employment notwithstanding that he is at the time of the accident acting in contravention of the provisions of any law applicable to him, or of any orders given by or on behalf of his employer or that he is acting without instructions from his employer, if - (a) the accident would have been deemed so to have arisen had the act not been done in contravention as aforesaid or without instructions from his employer, as the case may be; and (b) the act is done for the purpose of and in connection with the employer's trade or business. ### 36. Occupational disease. (1) If an employee employed in any employment specified in Part A of the Third Schedule contracts any disease specified therein as an occupational disease peculiar to that employment, or if an employee employed in the employment specified in Part B of that Schedule for a continuous period of not less than six months contracts any disease specified therein as an occupational disease peculiar to that employment or if an employee employed in any employment specified in Part C of that Schedule for such continuous period as the Corporation may specify by regulations in respect of each such employment, contracts any disease specified in such Part C as an occupational disease peculiar to that employment, the contracting of the disease shall, unless the contrary is proved, be deemed to be an "employment injury ", arising out of and in the course of employment. (2) Save as provided by sub-section (1), no benefit shall be payable to an employee in respect of any disease unless the disease is directly attributable to a specific injury by accident arising out of and in the course of his employment. (3) The provisions of sub-section (1) of section 34 shall not apply to the cases to which this section applies. ### 37. References to medical board. (1) Any question- (a) whether the relevant accident has resulted in permanent disablement; or (b) whether the extent of loss of earning capacity can be assessed provisionally or finally; or (c) whether the assessment of the proportion of the loss of earning capacity is provisional or final; or (d) in the case of provisional assessment, as to the period for which such assessment shall hold good, shall be determined by a medical board constituted in accordance with the provisions of the regulations (hereinafter referred to as medical board) and any such question shall hereafter be referred to as the "disablement question". (2) The case of any Insured Person for permanent disablement benefit shall be referred by the Corporation to a medical board for determination of the disablement in question and if, on that or any subsequent reference, the extent of loss of earning capacity of the Insured Person is provisionally assessed, it shall again be so referred to the medical board not later than the end of the period taken into account by the provisional assessment. (3) Any decision under this Chapter of a medical board may be reviewed at any time by the medical board if it is satisfied by fresh evidence that the decision was given in consequence of the non-disclosure or misrepresentation by the employee or any other person of a material fact whether the non-disclosure or misrepresentation was or was not fraudulent. (4) Any assessment of the extent of the disablement resulting from the relevant employment injury may also be reviewed by a medical board if it is satisfied that since the making of the assessment there has been a substantial and unforeseen aggravation of the results of the relevant injury: Provided that an assessment shall not be reviewed under this sub-section unless the medical board is of the opinion, having regard to the period taken into account by the assessment and the probable duration of the aggravation aforesaid, that substantial injustice will be done by not reviewing it. (5) Except with the leave of a medical appeal tribunal constituted by regulations, an assessment shall not be reviewed under sub-section (4) on any application made less than five years, or in the case of a provisional assessment, six months, from the date thereof and on such a review the period to be taken into account by any revised assessment shall not include any period before the date of the application. (6) Subject to the foregoing provisions of this section, a medical board may deal with a case of review in any manner in which it could deal with it on an original reference to it, and in particular may make a provisional assessment notwithstanding that the assessment under review was final and the provisions of sub-section (2) shall apply to an application for review under this sub-section and to a decision of a medical board in connection with such application as they apply to a case for disablement benefit under that sub-section and to a decision of the medical board in connection with such case. (7) (a) If the Insured Person or the Corporation is aggrieved by any decision of the medical board, the Insured Person or the Corporation, as the case may be, may appeal in such manner and within such time as may be prescribed by the Central Government to- (i) the medical appeal tribunal constituted in accordance with the provisions of the regulations; or (ii) the Employees' Insurance Court directly: Provided that no appeal by an Insured Person shall lie under this sub-section if such person has applied for commutation of disablement benefit on the basis of the decision of the medical board and received the commuted value of such benefits: Provided further that no appeal by the Corporation shall lie under this sub-section if the Corporation paid the commuted value of the disablement benefit on the basis of the decision of the medical board. (b) Where the Insured Person or the Corporation preferred appeal to the medical appeal tribunal under sub-clause (i) of clause (a) instead of to the Employees' Insurance Court under sub-clause (ii) of that clause, then, he or it, as the case may be, shall have the further right to file second appeal to the Employees' Insurance Court in such manner and within such time as may be prescribed by the appropriate Government. ### 38. Dependants' benefit. (1) If an Insured Person dies as a result of an employment injury sustained as an employee under this Chapter (whether or not he was in receipt of any periodical payment for temporary disablement in respect of the injury), dependants' benefit shall be payable to his dependants specified in sub-clause (a) and sub-clause (b) of clause (24) of section 2 at such rates and for such periods and subject to such conditions as may be prescribed by the Central Government. (2) In case the Insured Person dies without leaving behind him the dependants as aforesaid, the dependants' benefit shall be paid to the other dependants of the deceased at such rates and for such periods and subject to such conditions as may be prescribed by the Central Government. (3) Any decision awarding dependants' benefit under this Chapter may be reviewed at any time by the Corporation if it is satisfied by fresh evidence that the decision was given in consequence of non-disclosure or misrepresentation by the claimant or any other person of a material fact (whether the non-disclosure or misrepresentation was or was not fraudulent) or that the decision is no longer in accordance with this Chapter due to any birth or death or due to the marriage, re-marriage, or ceasing of infirmity, or attainment of the age of twenty-five years by, a claimant. (4) Subject to the provisions of this Chapter, the Corporation may, on such review under sub-section (3), direct that the dependants' benefit be continued, increased, reduced or discontinued. ### 39. Medical benefit. (1) An Insured Person or (where such medical benefit is extended to his family) a member of his family whose condition requires medical treatment and attendance shall be entitled to receive medical benefit. (2) Such medical benefit may be given either in the form of out-patient treatment and attendance in a hospital or dispensary, clinic or other institution or by visits to the home of the Insured Person or treatment as in-patient in a hospital or other institution. (3) The qualification of an Insured Person and (where such medical benefit is extended to his family) his family, to claim medical benefit and the conditions subject to which such benefit may be given, the scale and period thereof shall be such as may be prescribed by the Central Government: Provided that a person in respect of whom contribution ceases to be payable under this Chapter may be allowed medical benefit for such period and of such nature as may be provided by the regulations: Provided further 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 specified in the regulations: Provided also that an Insured Person who ceases to be in insurable employment on account of permanent disablement caused due to employment injury shall continue to receive medical benefits, subject to payment of contribution and other conditions as may be prescribed by the Central Government: Provided also that the conditions for grant of medical benefits to the Insured Person during employment injury shall be as specified in the regulations. (4) (a) The Corporation may establish medical education institutions, including colleges, dental colleges, nursing colleges and the training institutes for its officers and staff with a view to improve the quality of their services. (b) The medical education institutions referred to in clause (a) shall require its students to furnish a bond for serving the Corporation for such time and in such manner, as may be specified in the regulations. (5) The medical education institutions and training institutes referred to in sub-section (4) may be run by the Corporation itself or on the request of the Corporation, by the Central Government, any State Government, Public Sector Undertaking of the Central Government or the State Government or any other body notified by the Central Government. Explanation. - For the purposes of this sub-section, the expression "other body" means any such organisation of persons which the Central Government considers capable to run colleges and training institutions referred to in sub-section (4) . (6) The Corporation may, in order to take preventive and curative measures for welfare of the Insured Persons, carry out such occupational and epidemiological surveys and studies for assessment of health and working conditions of Insured Persons in such manner as may be specified in the regulations. ### 40. Provision of medical treatment by State Government or by Corporation. (1) The State Government shall provide for Insured Persons and (where such benefit is extended to their families) their families in the State, reasonable medical, surgical and obstetric treatment: Provided that the State Government may, with the approval of the Corporation, arrange for medical treatment at clinics of medical practitioners on such scale and subject to such terms and conditions as may be agreed upon. (2) Where the incidence of sickness benefit payment to Insured Persons in any State is found to exceed the all-India average, the amount of such excess shall be shared between the Corporation and the State Government in such proportion as may be fixed by agreement between them: Provided that the Corporation may in any case waive the recovery of the whole or any part of the share which is to be borne by the State Government. (3) The Corporation may enter into an agreement with a State Government in regard to the nature and scale of the medical treatment that should be provided to Insured Persons and (where such medical benefit is extended to the families) their families (including provision of buildings, equipment, medicines, and staff) and for the sharing of the cost thereof and of any excess in the incidence of sickness benefit to Insured Persons between the Corporation and the State Government. (4) In default of agreement between the Corporation and any State Government as aforesaid, the nature and extent of the medical treatment to be provided by the State Government and the proportion in which the cost thereof and of the excess in the incidence of sickness benefit shall be shared between the Corporation and that Government, shall be determined by an arbitrator who shall be appointed by the Central Government in consultation with the State Government. (5) The State Government may, in addition to the Corporation under this Code, 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: Provided that any reference to the State Government in this Code relating to this Chapter 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, discharge functions, exercise powers and undertake such activities as may be prescribed by the Central Government. (7) The Corporation may establish and maintain in a State such hospitals, dispensaries and other medical and surgical services as it may think fit for the benefit of Insured Persons and (where such medical benefit is extended to their families), their families. (8) The Corporation may enter into agreement with any local authority, private body or individual in regard to the provision of medical treatment and attendance for Insured Persons and (where such medical benefit is extended to their families) their families, in any area and sharing the cost thereof. (9) 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. (10) Notwithstanding anything contained in any other provision of this Chapter, the Corporation may, in consultation with the State Government, undertake the responsibility for providing medical benefit to Insured Persons and (where such medical benefit is extended to their families), to the families of such Insured Persons in the State subject to the condition that the State Government shall share the cost of such medical benefit in such proportion as may be agreed upon between the State Government and the Corporation. (11) In the event of the Corporation exercising its power under sub-section (10), the provisions relating to medical benefit under this Chapter shall apply, so far as may be, as if a reference therein to the State Government were a reference to the Corporation. (12) Notwithstanding anything contained in this Code, in respect of establishments located in the States where medical benefit is provided by the Corporation, the Central Government shall be the appropriate Government. ### 41. General provisions as to benefits. (1) Save as may be provided in the regulations, no person shall be entitled to commute for a lump sum any disablement benefit admissible under this Chapter. (2) Save as may be provided in the regulations, no person shall be entitled to sickness benefit or disablement benefit for temporary disablement on any day on which he works or remains on leave or on a holiday in respect of which he receives wages or on any day on which he remains on strike. (3) A person who is in receipt of sickness benefit or disablement benefit (other than benefit granted on permanent disablement) - (a) shall remain under medical treatment at a dispensary, hospital, clinic or other institution provided under this Chapter, and shall carry out the instructions given by the medical officer or medical attendant in-charge thereof; (b) shall not while under treatment do anything which might retard or prejudice his chances of recovery; (c) shall not leave the area in which medical treatment provided by this Chapter is being given, without the permission of the medical officer, medical attendant or such other authority as may be specified in this behalf by the regulations; and (d) shall allow himself to be examined by any duly appointed medical officer or other person authorised by the Corporation in this behalf. (4) An Insured Person shall not be entitled to receive for the same period - (a) both sickness benefit and maternity benefit; or (b) both sickness benefit and disablement benefit for temporary disablement; or (c) both maternity benefit and disablement benefit for temporary disablement. (5) Where a person is entitled to more than one of the benefits mentioned in sub-section (4), he shall be entitled to choose which benefit he shall receive. (6) If a person dies during any period for which he is entitled to a cash benefit under this Chapter, the amount of such benefit up to and including the day of his death shall be paid to any person nominated by the deceased person in writing in such form as may be specified in the regulations or, if there is no such nomination, to the heir or legal representative of the deceased person. (7) (a) Any person eligible for availing dependants' benefit or disablement benefit under this Chapter shall not be entitled to claim Employees' Compensation from his employer under Chapter VII. (b) Any women employee eligible for availing maternity benefit under this Chapter shall not be entitled to claim maternity benefit from her employer under Chapter VI. (8) Where any person has received any benefit or payment under this Chapter when he is not lawfully entitled thereto, he shall be liable to repay to the Corporation the value of the benefit or the amount of such payment, or in the case of death, his legal representative shall be liable to repay the same from the assets of the deceased devolved on him. (9) The value of any benefits received other than cash payments shall be determined by such authority as may be specified in the regulations made in this behalf and the decision of such authority shall be final. (10) The amount recoverable under this section may be recovered in the manner specified under sections 129 to 132. ### 42. Corporation's rights when an employer fails to register, etc. (1) If any employer, - (a) fails or neglects to insure under section 28, an employee at the time of his appointment or within such extended period as may be prescribed by the Central Government, as a result of which the employee becomes disentitled to any benefit under this Chapter; or (b) insures under section 28, an employee on or after the date of accident which resulted in personal injury to such employee which has the effect of making such employee disentitled to receive any dependants benefit or disablement benefit from the Corporation; or (c) fails or neglects to pay any contribution which under this Chapter he is liable to pay in respect of any employee and by reason thereof such employee becomes disentitled to any benefit or becomes entitled to a benefit on a lower scale, then, the Corporation may, on being satisfied in the manner prescribed by the Central Government that the benefit is payable to the employee, pay to the employee benefit at such rate to which he is entitled or would have been entitled if the failure or neglect would not have occurred, and the Corporation shall be entitled to recover from the employer, subject to the employer being given an opportunity of being heard, the capitalised value of the benefit paid to the employee, to be calculated in such manner as may be prescribed by the Central Government: Provided that the capitalised value to be calculated may be adjusted for the payment of any contribution and interest or damages that the employer is liable to pay for delay in the payment of or non-payment of such contribution. (2) The amount recoverable under this section may be recovered as if it were an arrear of land revenue or recovered in the manner specified under sections 129 to 132. ### 43. Liability of owner or occupier of factories, etc., for excessive sickness benefit. (1) Where the Corporation considers that the incidence of sickness among Insured Persons is excessive by reason of- (a) insanitary working conditions in a factory or other establishment or the neglect of the owner or occupier of the factory or other establishment to observe any health regulations enjoined on him by or under any enactment for the time being in force, or (b) insanitary conditions of any tenements or lodgings occupied by Insured Persons and such insanitary conditions are attributable to the neglect of the owner of the tenements or lodgings to observe any health regulations enjoined on him by or under any enactments for the time being in force, then, the Corporation may send to the owner or occupier of the factory or other establishment or to the owner of the tenements or lodgings, as the case may be, a claim for the payment of the amount of the extra expenditure incurred by the Corporation as sickness benefit; and if the claim is not settled by agreement, the Corporation may refer the matter, with a statement in support of its claim, to the appropriate Government. (2) If the appropriate Government is of the opinion that a prima facie case for inquiry is made out, it may appoint a competent person or persons to hold an inquiry into the matter referred under sub-section (1). (3) If upon inquiry under sub-section (2), it is proved to the satisfaction of the person or persons holding the inquiry that the excess in incidence of sickness among the Insured Persons is due to the default or neglect of the owner or occupier of the factory or other establishment or the owner of the tenements or lodgings, as the case may be, the said person or persons shall determine, the amount of the extra expenditure incurred as sickness benefit as well as the person or persons by whom the whole or any part of such amount shall be paid to the Corporation. (4) A determination under sub-section (3) may be enforced as if it were a decree for payment of money passed in a suit by a Civil Court. (5) For the purposes of this section, "owner" of tenements or lodgings shall include any agent of the owner and any person who is entitled to collect the rent of the tenements or lodgings as a lessee of the owner. ### 44. Scheme for other beneficiaries. - Notwithstanding anything contained in this Chapter, the Central Government may, by notification, frame, amend, vary or rescind scheme for other beneficiaries and the members of their families for providing medical facility in any hospital established by the Corporation in any area which is underutilised on payment of user charges, and prescribe the terms and conditions subject to which the scheme may be operated. Explanation. - For the purposes of this section,- (a) "other beneficiaries" means persons other than employees insured under section 28; (b) "underutilised hospital" means any hospital not fully utilised by the employees insured under section 28; and (c) "user charges" means the amount which is to be charged from other beneficiaries for medical facilities as may be specified in the regulations after prior approval of the Central Government. ### 45. Schemes for unorganised workers, gig workers and platform workers. (1) Notwithstanding anything contained in this Chapter, the Central Government may, by notification, frame scheme for unorganised workers, gig workers and platform workers and the members of their families for providing benefits admissible under this Chapter by the Corporation. (2) The contribution, user charges, scale of benefits, qualifying and eligibility conditions and other terms and conditions subject to which the scheme may be operated shall be such as may be specified in the scheme. ### 46. Exemption of factories or other establishments belonging to Government or any local authority. - The appropriate Government may, after consultation with the Corporation, by notification and subject to such conditions as may be specified in the notification, exempt any factory or other establishment belonging to the Government or any local authority, from the operation of this Chapter if the employees in any such factory or other establishment are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this Chapter. ### 47. Contributions, etc., due to Corporation to have priority over other debts. - Notwithstanding anything contained in any other law for the time being in force, any amount due under this Chapter shall be the charge on the assets of the establishment to which it relates and shall be paid in priority in accordance with the provisions of the Insolvency and Bankruptcy Code, 2016 (31 of 2016). ### 48. Constitution of Employees' Insurance Court. (1) The State Government shall, by notification, constitute an Employees' Insurance Court for such local area as may be specified in the notification. (2) The Employees' Insurance Court shall consist of such number of Judges as the State Government may think fit. (3) Any person who is or has been a judicial officer or is a legal practitioner of five years' standing shall be qualified to be a Judge of the Employees' Insurance Court. (4) The State Government may appoint the same Court for two or more local areas or two or more Employees' Insurance Courts for the same local area. (5) Where more than one Employees' Insurance Court has been appointed for the same local area, the State Government may by general or special order regulate the distribution of business between them. ### 49. Matters to be decided by Employees' Insurance Court. (1) If any question or dispute or claim arises as to - (a) whether any person is an employee within the meaning of this Code relating to this Chapter or whether he is liable to pay the employee's contribution; or (b) the rate of wages or average daily wages of an employee for the purposes of this Chapter; or (c) the rate of contribution payable by an employer in respect of any employee under this Chapter; or (d) the person who is or was the employer in respect of any employee for the purposes of this Chapter; or (e) the right of any person to any benefit under this Chapter and as to the amount and duration thereof; or (f) any direction issued by the Corporation on a review of any payment of dependants' benefit under this Chapter; or (g) any other matter which is in dispute between an employer and the Corporation relating to this Chapter, or between an employer and a Contractor relating to this Chapter or between a person and the Corporation relating to this Chapter or between an employee and an employer or Contractor relating to this Chapter, in respect of any contribution or benefit or other dues payable or recoverable under this Code relating to this Chapter; or (h) claim for the recovery of contributions from the employer under this Code relating to this Chapter; or (i) claim under sub-section (8) of section 41 for the recovery of the value or amount of the benefits received by a person when he is not lawfully entitled thereto; or (j) claim against an employer under section 42; or (k) order of the appellate authority under section 126 in respect of Chapter IV; or (l) claim by an employer to recover contributions from any contractor under this Code relating to this Chapter; or (m) any other claim for the recovery of any benefit admissible under this Chapter, such matter shall be decided by the Employers' Insurance Court. (2) No matter which is in dispute between an employer and the Corporation in respect of any contribution or any other dues under this Chapter shall be raised by the employer in the Employees' Insurance Court unless he has deposited with that Court fifty per cent. of the amount due from him as claimed by the Corporation: Provided that the Employees' Insurance Court may, for reasons to be recorded in writing, waive or reduce the amount to be deposited under this sub-section. (3) No Civil Court shall have jurisdiction to decide or deal with any question or dispute as specified in sub-section (1) or to adjudicate on any liability which by or under this Code relating to this Chapter is to be decided by a medical board, or by a medical appeal tribunal or by the Employees' Insurance Court. ### 50. Powers of Employees' Insurance Court. (1) The Employees' Insurance Court shall have all the powers of a Civil Court for the purposes of summoning and enforcing the attendance of witnesses, compelling the discovery and production of documents and material objects, administering oath and recording evidence and such court shall be deemed to be a Civil Court within the meaning of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973(2 of 1974). (2) The Employees' Insurance Court shall follow such procedure as may be prescribed by the State Government. (3) All costs incidental to any proceeding before an Employees' Insurance Court shall, subject to such rules as may be made in this behalf by the State Government, be in the discretion of that court. (4) An order of the Employees' Insurance Court shall be enforceable by it as if it were a decree passed in a suit by a Civil Court. ### 51. Proceedings of Employees' Insurance Courts. (1) The manner of commencement of proceedings before the Employees' Insurance Court, fees and procedure thereof shall be such as may be prescribed by the appropriate Government: Provided that the limitation for initiating the proceedings by the aggrieved person in the Employees' Insurance Court shall be three years from the date on which the cause of action arises: Provided further that the "arising of cause of action" in respect of a claim by the Insured Person or dependants; by the Corporation for recovering contribution (including interests and damages) from the employer; and the claim by the employer for recovering contributions from a Contractor and the time within which such claims, recovery or contribution, from employer by the Corporation and recovery of contribution by the employer from the Contractor, shall be as specified in the regulations. (2) Any application, appearance or act required to be made or done by any person to, or before, an Employees' Insurance Court (other than appearance of a person required for the purpose of his examination as a witness) may be made or done by a legal practitioner or by an officer of a registered trade union authorised in writing by such person or with the permission of that Court, by any other person so authorised. (3) An Employees' Insurance Court may submit any question of law for the decision of the High Court and if it does so shall decide the question pending before it in accordance with such decision. ### 52. Appeal to High Court. (1) Save as expressly provided in this section, no appeal shall lie from an order of an Employees' Insurance Court. (2) An appeal shall lie to the High Court from an order of an Employees' Insurance Court, if it involves a substantial question of law. (3) The appeal shall be filed under this section within a period of sixty days from the date of the order made by the Employees' Insurance Court. (4) The provisions of sections 5 and 12 of the Limitation Act, 1963 ( 36 of 1963 ) shall apply to appeals under this section. (5) Where the Corporation has presented an appeal against an order of the Employees' Insurance Court, that Court may, and if so directed by the High Court, shall, pending the decision of the appeal, withhold the payment of any sum directed to be paid by the order appealed against. Chapter V Gratuity ----------------------- ### 53. Payment of gratuity. (1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, - (a) on his superannuation; or (b) on his retirement or resignation; or (c) on his death or disablement due to accident or disease; or (d) on termination of his contract period under fixed term employment; or (e) on happening of any such event as may be notified by the Central Government: Provided that in case of working journalist as defined in clause (f) of section 2 of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 ( 45 of 1955 ), the expression "five years" occurring in this sub-section shall be deemed to be three years: Provided further that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement or expiration of fixed term employment or happening of any such event as may be notified by the Central Government: Provided also that in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the share of such minor, shall be deposited with the competent authority as may be notified by the appropriate Government who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed by the appropriate Government, until such minor attains majority. (2) For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days' wages or such number of days as may be notified by the Central Government, based on the rate of wages last drawn by the employee concerned: Provided that in the case of a piece-rated employee, daily wages shall be computed on the average of the total wages received by him for a period of three months immediately preceding the termination of his employment, and, for this purpose, the wages paid for any overtime work shall not be taken into account: Provided further that in the case of an employee who is employed in a seasonal establishment and who is not so employed throughout the year, the employer shall pay the gratuity at the rate of seven days' wages for each season: Provided also that in the case of an employee employed on fixed term employment or a deceased employee, the employer shall pay gratuity on pro rata basis. (3) The amount of gratuity payable to an employee shall not exceed such amount as may be notified by the Central Government. (4) For the purpose of computing the gratuity payable to an employee who is employed, after his disablement, on reduced wages, his wages for the period preceding his disablement shall be taken to be the wages received by him during that period, and his wages for the period subsequent to his disablement shall be taken to be the wages as so reduced. (5) Nothing in this section shall affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer. (6) Notwithstanding anything contained in sub-section (1), - (a) the gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused; (b) the gratuity payable to an employee may be wholly or partially forfeited- (i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or (ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided such offence is committed by him in the course of his employment. Explanation 1. - For the purposes of this Chapter, employee does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity. Explanation 2. - For the purposes of this section, disablement means such disablement as incapacitates an employee for the work which he was capable of performing before the accident or disease, resulting in such disablement. Explanation 3. - For the purposes of this section, it is clarified that in the case of a monthly rated employee, the fifteen days' wages shall be calculated by dividing the monthly rate of wages last drawn by him by twenty-six and multiplying the quotient by fifteen. ### 54. Continuous service. - For the purposes of this Chapter, - (A) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Code; (B) where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (A), for any period of one year or six months, he shall be deemed to be in continuous service under the employer- (a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than- (i) one hundred and ninety days, in the case of any employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and (ii) two hundred and forty days, in any other case; (b) for the said period of six months, if the employee during the period of six calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than- (i) ninety-five days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and (ii) one hundred and twenty days, in any other case. Explanation. - For the purposes of this clause, the number of days on which an employee has actually worked under an employer shall include the days on which - (i) he has been laid-off under an agreement or as permitted by standing orders made under the Industrial Employment (Standing Orders) Act, 1946 ( 20 of 1946 ), or under the Industrial Disputes Act, 1947 ( 14 of 1947 ), or under any other law applicable to the establishment; (ii) he has been on leave with full wages, earned in the previous year; (iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; and (iv) in the case of a female, she has been on maternity leave; so, however, that the total period of such maternity leave does not exceed twenty-six weeks; (C) where an employee, employed in a seasonal establishment, is not in continuous service within the meaning of clause (A), for any period of one year or six months, he shall be deemed to be in continuous service under the employer for such period if he has actually worked for not less than seventy-five per cent. of the number of days on which the establishment was in operation during such period. ### 55. Nomination. (1) Each employee, who has completed one year of service, shall make, a nomination within such time, in such form and in such manner, as may be prescribed by the appropriate Government. (2) An employee may, in his nomination, distribute the amount of gratuity payable to him under this Chapter amongst more than one nominee. (3) If an employee has a family at the time of making a nomination, the nomination shall be made in favour of one or more members of his family, and any nomination made by such employee in favour of a person who is not a member of his family shall be void. (4) If at the time of making a nomination the employee has no family, the nomination may be made in favour of any person or persons but if the employee subsequently acquires a family, such nomination shall forthwith become invalid and the employee shall make, within such time as may be prescribed by the appropriate Government, a fresh nomination in favour of one or more members of his family. (5) A nomination may, subject to the provisions of sub-sections (3) and (4), be modified by an employee at any time, after giving to his employer a written intimation in such form and in such manner as may be prescribed by the appropriate Government, of his intention to do so. (6) If a nominee predeceases the employee, the interest of the nominee shall revert to the employee who shall make a fresh nomination, in the form prescribed by the appropriate Government, in respect of such interest. (7) Every nomination, fresh nomination or alteration of nomination, as the case may be, shall be sent by the employee to his employer, who shall keep the same in his safe custody. ### 56. Determination of amount of gratuity. (1) A person who is eligible for payment of gratuity under this Chapter or any person authorised, in writing, to act on his behalf shall send a written application to the employer, within such time and in such form, as may be prescribed by the appropriate Government, for payment of such gratuity. (2) As soon as gratuity becomes payable, the employer shall, whether an application referred to in sub-section (1) has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the competent authority specifying the amount of gratuity so determined. (3) The employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable. (4) If the amount of gratuity payable under sub-section (3) is not paid by the employer within the period specified in sub-section (3), the employer shall pay, from the date on which the gratuity becomes payable to the date on which it is paid, simple interest at such rate, not exceeding the rate notified by the Central Government from time to time for repayment of long term deposits: Provided that no such interest shall be payable if the delay in the payment is due to the fault of the employee and the employer has obtained permission in writing from the competent authority for the delayed payment on this ground. (5) (a) If there is any dispute as to the amount of gratuity payable to an employee under this Chapter or as to the admissibility of any claim of, or in relation to, an employee for payment of gratuity, or as to the person entitled to receive the gratuity, the employer shall deposit with the competent authority such amount as he admits to be payable by him as gratuity. (b) Where there is a dispute with regard to any matter or matters specified in clause (a), the employer or employee or any other person raising the dispute may make an application to the competent authority in the form prescribed by the appropriate Government for deciding the dispute. (c) The competent authority shall, after due inquiry and after giving the parties to the dispute a reasonable opportunity of being heard, determine the matter or matters in dispute and if, as a result of such inquiry any amount is found to be payable to the employee, the competent authority shall direct the employer to pay such amount or, as the case may be, such amount as reduced by the amount already deposited by the employer. (d) The competent authority shall pay the amount deposited, including the excess amount, if any, deposited by the employer, to the person entitled thereto. (e) As soon as may be after a deposit is made under clause (a), the competent authority shall pay the amount of the deposit- (i) to the applicant where he is the employee; or (ii) where the applicant is not the employee, to the nominee or, as the case may be, the guardian of such nominee or heir of the employee if the competent authority is satisfied that there is no dispute as to the right of the applicant to receive the amount of gratuity. (6) For the purpose of conducting an inquiry under sub-section (5), the competent authority shall have the same powers as are vested in a court, while trying a suit, under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:- (a) enforcing the attendance of any person or examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses. (7) Any inquiry under this section shall be a judicial proceeding within the meaning of section 193, section 228 and for the purpose of section 196 of the Indian Penal Code (45 of 1860). (8) Any person aggrieved by an order under sub-section (5) may, within sixty days from the date of the receipt of the order, prefer an appeal to the appropriate Government or such other authority as may be specified by the appropriate Government in this behalf: Provided that the appropriate Government or the appellate authority, as the case may be, may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of sixty days, extend the said period by a further period of sixty days: Provided further that no appeal by an employer shall be admitted unless at the time of preferring the appeal, the appellant either produces a certificate of the competent authority to the effect that the appellant has deposited with him an amount equal to the amount of gratuity required to be deposited under sub-section (5) , or deposits with the appellate authority such amount. (9) The appropriate Government or the appellate authority, as the case may be, may, after giving the parties to the appeal a reasonable opportunity of being heard, confirm, modify, or reverse the decision of the competent authority. ### 57. Compulsory insurance. (1) With effect from such date as may be notified by the appropriate Government in this behalf, every employer, other than an employer or an establishment belonging to, or under the control of, the Central Government or a State Government, shall, subject to the provisions of sub-section (2), obtain an insurance in the manner prescribed by the Central Government, for his liability for payment towards the gratuity under this Chapter, from any insurance company regulated by the Authority as defined under clause (b) of sub-section (1) of section 2 of the Insurance Regulatory and Development Authority Act, 1999 ( 41 of 1999 ): Provided that different dates may be appointed for different establishments or class of establishments or for different areas. (2) The appropriate Government may, subject to such conditions as may be prescribed by the Central Government, exempt any employer who had already established an approved gratuity fund in respect of his employees and who desires to continue such arrangement, and every employer employing five hundred or more persons who establishes an approved gratuity fund in the manner prescribed by the Central Government from the provisions of sub-section (1). (3) For the purposes of effectively implementing the provisions of this section, every employer shall within such time as may be prescribed by the Central Government get his establishment registered with the competent authority in the manner prescribed by the appropriate Government and no employer shall be registered under the provisions of this section unless he has taken an insurance referred to in sub-section (1) or has established an approved gratuity fund referred to in sub-section (2). (4) The appropriate Government may provide for the composition of the Board of Trustees of the approved gratuity fund and for the recovery by the competent authority of the amount of the gratuity payable to an employee from the insurer with whom an insurance has been taken under sub-section (1), or as the case may be, the Board of Trustees of the approved gratuity fund, in such manner as may be prescribed. (5) Where an employer fails to make any payment by way of premium in respect of the insurance referred to in sub-section (1) or by way of contribution to an approved gratuity fund referred to in sub-section (2), he shall be liable to pay the amount of gratuity due under this Chapter (including interest, if any, for delayed payments) forthwith to the competent authority. Explanation. - In this section, "approved gratuity fund" shall have the same meaning as assigned to it in sub-section (5) of section 2 of the Income-tax Act, 1961 ( 43 of 1961 ). ### 58. Competent authority. (1) The appropriate Government may, by notification, appoint any officer of that Government having such qualifications and experience as may be prescribed by that Government to be a competent authority for implementation of any provision of this Chapter for such area as may be specified in the notification. (2) Where more than one competent authority has been appointed for any area, the appropriate Government may, by general or special order, regulate the distribution of business among them. (3) Any competent authority may, for the purpose of deciding any matter referred to him for decision under this Chapter, choose one or more persons possessing special knowledge of any matter relevant to the matter under reference to assist him in holding the inquiry relating thereto. Chapter VI Maternity Benefit --------------------------------- ### 59. Employment of, or work by, women prohibited during certain period. (1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy. (2) No woman shall work in any establishment during the six weeks immediately following the day of her delivery, miscarriage or medical termination of pregnancy. (3) Without prejudice to the provisions of section 62, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do, during the period specified in sub-section (4), any work which is of an arduous nature or which involves long hours of standing or which in any way is likely to interfere with her pregnancy or the normal development of the foetus or is likely to cause her miscarriage or otherwise to adversely affect her health. (4) The period referred to in sub-section (3) shall be- (a) the period of one month immediately preceding the period of six weeks, before the date of her expected delivery; (b) any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 62. Explanation. - For the purposes of this section, the expression "any work of arduous nature" shall mean any work which involve or require strenuous effort or is difficult and tiring in nature. ### 60. Right to payment of maternity benefit. (1) Subject to the other provisions of this Code, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, and any period immediately following that day. Explanation. - For the purposes of this sub-section, "the average daily wage" means the average of the woman's wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, subject to the minimum rate of wage fixed or revised under the Code on Wages, 2019 (29 of 2019). (2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the date of her expected delivery. Explanation. - For the purposes of calculating the period under this sub-section, the days on which a woman has actually worked in the establishment, the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages, during the period of twelve months immediately preceding the expected date of her delivery shall be taken into account. (3) The maximum period for which any woman shall be entitled to maternity benefit shall be twenty-six weeks of which not more than eight weeks shall precede the expected date of her delivery: Provided that the maximum period entitled to maternity benefit by a woman having two or more surviving children shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery: Provided further that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death: Provided also that where a woman, having been delivered of a child, dies during her delivery or during the period immediately following the date of her delivery for which she is entitled for the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period but if the child also dies during the said period, then, for the days up to and including the date of the death of the child. Explanation. - For the purposes of this sub-section, "child" includes a stillborn child. (4) A woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be. (5) In case the work assigned to a woman is of such nature that she may work from home, the employer may allow her to do so after availing of the maternity benefit for such period and on such conditions as the employer and the woman may mutually agree. ### 61. Continuance of payment of maternity benefit in certain cases. - Every woman entitled to the payment of maternity benefit under this Chapter, shall, notwithstanding the application of Chapter IV to the factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit under section 32. ### 62. Notice of claim for maternity benefit and payment thereof. (1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Chapter may give notice in writing in such form as may be prescribed by the Central Government, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Chapter may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit. (2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than eight weeks from the date of her expected delivery. (3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after her delivery. (4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit. (5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed by the Central Government that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed by the Central Government that the woman has been delivered of a child. (6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Chapter if she is otherwise entitled to such benefit or amount and in any such case an Inspector-cum-Facilitator may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order. ### 63. Payment of maternity benefit in case of death of a woman. - If a woman entitled to maternity benefit or any other amount under this Chapter, dies before receiving such maternity benefit or amount, or where the employer is liable for maternity benefit under the second proviso to sub-section (3) of section 60, the employer shall pay such benefit or amount to the person nominated by the woman in the notice given under section 62 and in case there is no such nominee, to her legal representative. ### 64. Payment of medical bonus. - Every woman entitled to maternity benefit under this Chapter shall also be entitled to receive from her employer a medical bonus of three thousand five hundred rupees or such amount as may be notified by the Central Government, if no pre-natal confinement and post-natal care is provided for by the employer free of charge. ### 65. Leave for miscarriage, etc. (1) In case of miscarriage, or medical termination of pregnancy, a woman shall, on production of such proof as may be prescribed by the Central Government, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage or, as the case may be, her medical termination of pregnancy. (2) In case of tubectomy operation, a woman shall, on production of such proof as may be prescribed by the Central Government, be entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation. (3) A woman suffering from illness arising out of pregnancy, delivery, premature birth of child, miscarriage or medical termination of pregnancy shall, on production of such proof as may be prescribed by the Central Government, be entitled, in addition to the period of absence allowed to her under section 62, or, as the case may be, under sub-section (1), to leave with wages at the rate of maternity benefit for a maximum period of one month. ### 66. Nursing breaks. - Every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of such duration as may be prescribed by the Central Government, for nursing the child until the child attains the age of fifteen months. ### 67. Creche facility. (1) Every establishment to which this Chapter applies, in which fifty employees or such number of employees as may be prescribed by the Central Government, are employed shall have the facility of crèche within such distance as may be prescribed by the Central Government, either separately or along with common facilities: Provided that the employer shall allow four visits a day to the crèche by the woman, which shall also include the intervals of rest allowed to her: Provided further that an establishment may avail common crèche facility of the Central Government, State Government, municipality or private entity or provided by non- Governmental organisation or by any other organisation or group of establishments who may pool their resources for setting up of common crèche in the manner as they may agree for such purpose. (2) Every establishment to which this Chapter applies shall intimate in writing and electronically to every woman at the time of her initial appointment in such establishment regarding every benefit available under this Chapter. ### 68. Dismissal for absence during pregnancy. (1) When a woman absents herself from work in accordance with the provisions of this Chapter, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service: Provided that the discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus under this Chapter, shall not have the effect of depriving her of the maternity benefit or medical bonus: Provided further that where the dismissal is for any gross misconduct as may be prescribed by the Central Government, the employer may, by order in writing, communicated to the woman, deprive her of the maternity benefit or medical bonus, or both. (2) Any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed under sub-section (1), may, within sixty days from the date on which order of such deprivation or discharge or dismissal is communicated to her, appeal to the competent authority, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus or both, or discharged or dismissed, shall be final. ### 69. No deduction of wages in certain cases. - No deduction from the normal and usual daily wages of a woman entitled to maternity benefit under the provisions of this Chapter shall be made by reason only of - (a) the nature of work assigned to her by virtue of the provisions contained in section 59; or (b) breaks for nursing the child allowed to her under the provisions of section 66. ### 70. Forfeiture of maternity benefit. - A woman who works for remuneration during the period she has been permitted by an employer to absent herself for availing the maternity benefits provided under this Chapter shall not be entitled to receive maternity benefit for such period. ### 71. Duties of employer. - An abstract of the provisions of this Chapter and the rules relating thereto in the language or languages of the locality shall be exhibited in a conspicuous place by the employer in every part of the establishment in which women are employed. ### 72. Power of Inspector-cum-Facilitator to direct payments to be made. (1) Any woman claiming that,- (a) maternity benefit or any other amount to which she is entitled under this Chapter and any person claiming that payment due under this Chapter has been improperly withheld; (b) her employer has discharged or dismissed her during or on account of her absence from work in accordance with the provisions of this Chapter, may make a complaint to the Inspector-cum-Facilitator. (2) The Inspector-cum-Facilitator may, on receipt of a complaint referred to in sub-section (1), make an inquiry or cause an inquiry to be made and if satisfied that- (a) payment has been wrongfully withheld, may direct the payment to be made in accordance with his order in writing; (b) she has been discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Chapter, may pass such orders as he deems just and proper according to the circumstances of the case. (3) Any person aggrieved by the order of the Inspector-cum-Facilitator under sub-section (2) may, within thirty days from the date on which such order is communicated to such person, appeal to the authority prescribed by the appropriate Government. (4) The decision of the authority referred to in sub-section (3), where an appeal has been preferred to it under that sub-section or of the Inspector-cum-Facilitator where no such appeal has been preferred, shall be final. Chapter VII Employee's Compensation ---------------------------------------- ### 73. Reports of fatal accidents and serious bodily injuries. (1) Where, by any law for the time being in force, notice is required to be given to any authority, by or on behalf of an employer, of any accident occurring in his premises which results in death or serious bodily injury, the person required to give the notice shall, within seven days of the death or serious bodily injury, send a report to the competent authority giving the circumstances attending the death or serious bodily injury: Provided that where the State Government has so specified, the person required to give the notice may instead of sending such report to the competent authority send it to the authority to whom he is required to give the notice. Explanation. - For the purposes of this sub-section, "serious bodily injury" means an injury which involves, or in all probability will involve the permanent loss of the use of, or permanent injury to, any limb, or the permanent loss of or injury to the sight or hearing, or the fracture of any limb, or the enforced absence of the injured person from work for a period exceeding twenty days. (2) The State Government may, by notification, extend the provisions of sub-section (1) to any class of premises other than those coming within the scope of that sub-section, and may, by such notification, specify the persons who shall send the report to the competent authority. (3) Nothing in this section shall apply to establishments to which Chapter IV, relating to Employees' State Insurance Corporation, applies. ### 74. Employer's liability for compensation. (1) If personal injury is caused to an employee by accident or an occupational disease listed in the Third Schedule arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this Chapter: Provided that the employer shall not be so liable- (a) in respect of such injury which does not result in the total or partial disablement of the employee for a period exceeding three days; and (b) in respect of such injury, not resulting in death or permanent total disablement caused by an accident which is directly attributable to- (i) the employee having been at the time thereof under the influence of drink or drugs, or (ii) the wilful disobedience of the employee to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of employees, or (iii) the wilful removal or disregard by the employee of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of employee. (2) An accident or an occupational disease referred to in sub-section (1) shall be deemed to arise out of and in the course of an employee's employment notwithstanding that he is at the time of the accident or at the time of contracting the occupational disease, referred to in that sub-section, acting in contravention of the provisions of any law applicable to him, or of any orders given by or on behalf of his employer or that he is acting without instructions from his employer, if- (a) such accident or contracting of such occupational disease would have been deemed so to have arisen had the act not been done in contravention as aforesaid or without instructions from his employer, as the case may be; and (b) the act is done for the purpose of, and in connection with, the employer's trade or business. (3) If an employee employed in any employment specified in the Second Schedule contracts any disease specified in the Third Schedule, being an occupational disease peculiar to that employment whilst in the service of an employer in whose service he has been employed for a continuous period of not less than six months, then, such disease shall be deemed to be an injury by accident within the meaning of this section and unless the contrary is proved, the accident shall be deemed to have arisen out of and in the course of the employment. (4) An accident occurring to an employee while commuting from his residence to the place of employment for duty or from 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 his employment is established. (5) The Central Government or the State Government, after giving, by notification, not less than three months' notice of its intention so to do, may, by a like notification, modify or add any description of employment to the employments specified in the Second Schedule, and occupational diseases specified in the Third Schedule and shall specify in the case of employments so modified or added, the diseases which shall be deemed for the purposes of this section to be occupational diseases peculiar to those employments respectively, and thereupon the provisions of sub-section (2) shall apply, in the case of a notification by the Central Government, within the territories to which this Code extends or, in case of a notification by the State Government, within that State as if such diseases had been declared by this Code to be occupational diseases peculiar to those employments. (6) Save as provided by sub-sections (2), (3) and (4), no compensation shall be payable to an employee in respect of any accident or disease unless the accident or disease is directly attributable to a specific injury by accident or disease arising out of and in the course of his employment. (7) Nothing herein contained shall be deemed to confer any right to compensation on an employee in respect of any accident or disease if he has instituted in a civil court a suit for damages in respect of the accident or disease against the employer or any other person; and no suit for damages shall be maintainable by an employee in any Court of law in respect of such accident or disease- (a) if he has instituted a claim to compensation in respect of the accident or disease before a competent authority; or (b) if an agreement has been made between the employee and his employer providing for the payment of compensation in respect of the accident or disease in accordance with the provisions of this Chapter. ### 75. Compensation in case of death of or injury in plantation. - If death or injury is caused to any worker or a member of his family as a result of the collapse of a house provided by the employer in a plantation, and the collapse is not solely and directly attributable to a fault on the part of any occupant of the house or to a natural calamity, the employer shall be liable to pay compensation under section 76 and the Sixth Schedule, so far as may be applicable. Explanation. - For the purposes of this section, the expression "worker" means a person employed in a plantation for hire or reward, whether directly or through any agency, to do any work, skilled, unskilled, manual or clerical, and includes a person employed on contract for more than sixty days in a year, but does not include- (i) a medical officer employed in the plantation; (ii) any person employed in the plantation (including any member of the medical staff) whose monthly wages exceed the amount as determined by the appropriate Government, by notification, from time to time; (iii) any person employed in the plantation primarily in a managerial or administrative capacity, notwithstanding that his monthly wages do not exceed the amount as determined by the appropriate Government, by notification, from time to time; (iv) any person temporarily employed in the plantation in any work relating to the construction, development or maintenance of buildings, roads, bridges, drains or canals. ### 76. Amount of compensation. (1) Subject to the provisions of this Chapter, the amount of compensation shall be, - (a) where death results from the injury, an amount equal to fifty per cent. of the monthly wages of the deceased employee multiplied by the relevant factor or an amount as may be notified by the Central Government from time to time, whichever is more; (b) where permanent total disablement results from the injury, an amount equal to sixty per cent. of the monthly wages of the injured employee multiplied by the relevant factor or an amount as may be notified by the Central Government from time to time, whichever is more: Provided that the Central Government may, by notification, from time to time, enhance the amount of compensation specified in clauses (a) and (b). Explanation. - For the purposes of clauses (a) and (b), "relevant factor", in relation to an employee means the factor specified in column (3) of the Sixth Schedule relating to factors against the corresponding entry in column (2) thereof, specifying the number of years which are the same as the completed years of the age of the employee on his last birthday immediately preceding the date on which the compensation fell due; (c) where permanent partial disablement results from the injury,- (i) in the case of an injury specified in Part II of the Fourth Schedule, such percentage of the compensation which would have been payable in the case of permanent total disablement as is specified therein as being the percentage of the loss of earning capacity caused by that injury; and (ii) in the case of an injury not specified in the Fourth Schedule, such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity (as assessed by the medical practitioner) permanently caused by the injury. Explanation 1. - For the purposes of this clause, where more injuries than one are caused by the same accident, the amount of compensation payable under this head shall be aggregated but not so in any case as to exceed the amount which would have been payable if permanent total disablement had resulted from the injuries. Explanation 2. - In assessing the loss of earning capacity under sub-clause (ii) , the medical practitioner shall have due regard to the percentage of loss of earning capacity in relation to different injuries specified in the Fourth Schedule; (d) where temporary disablement, whether total or partial, results from the injury, a half-monthly payment of the sum equivalent to twenty-five per cent. of monthly wages of the employee, to be paid in accordance with the provisions of sub-section (4). (2) Notwithstanding anything contained in sub-section (1), while fixing the amount of compensation payable to an employee in respect of an accident which occurred outside India, the competent authority shall take into account the amount of compensation, if any, awarded to such employee in accordance with the law of the country in which the accident occurred and shall reduce the amount fixed by him by the amount of compensation awarded to the employee in accordance with the law of that country. (3) The Central Government may, by notification, specify for the purposes of sub-section (1), such monthly wages in relation to an employee as it may consider necessary. (4) The half-monthly payment referred to in clause (d) of sub-section (1) shall be payable on the sixteenth day - (i) from the date of disablement where such disablement lasts for a period of twenty-eight days or more; or (ii) after the expiry of a waiting period of three days from the date of disablement, where such disablement lasts for a period of less than twenty-eight days; and thereafter half-monthly during the disablement or during a period of five years, whichever is shorter: Provided that- (a) there shall be deducted from any lump sum or half-monthly payments to which the employee is entitled, the amount of any payment or allowance which the employee has received from the employer by way of compensation during the period of disablement prior to the receipt of such lump sum or of the first half-monthly payment, as the case may be, and such payment or allowance which the employee has received from the employer towards his medical treatment shall not be deemed to be a payment or allowance received by him by way of compensation; (b) no half-monthly payment shall in any case exceed the amount, if any, by which half the amount of the monthly wages of the employee before the accident exceeds half the amount of such wages which he is earning after the accident. (5) The employee shall be reimbursed, the actual medical expenditure incurred by him for treatment of injuries caused during the course of employment, by his employer. (6) On the ceasing of the disablement before the date on which any half-monthly payment falls due, there shall be payable in respect of that half-month a sum proportionate to the duration of the disablement in that half-month. (7) If the injury of the employee results in his death, the employer shall, in addition to the compensation under sub-section (1), deposit with the competent authority a sum of not less than fifteen thousand rupees or such amount as may be prescribed by the State Government, for payment of the same to the eldest surviving dependant of the employee towards the expenditure of the funeral of such employee or where the employee did not have a dependant or was not living with his dependant at the time of his death, to the person who actually incurred such expenditure: Provided that the Central Government may, by notification from time to time, enhance the amount specified in this sub-section. ### 77. Compensation to be paid when due and damages for default. (1) Compensation under section 76 shall be paid as soon as it falls due. (2) In cases where the employer does not accept the liability for compensation to the extent claimed, he shall be bound to make provisional payment based on the extent of liability which he accepts, and, such payment shall be deposited with the competent authority or made to the employee, as the case may be, without prejudice to the right of the employee to make any further claim. (3) Where any employer is in default in paying the compensation due under this Chapter within one month from the date it fell due, the competent authority shall,- (a) direct that the employer shall, in addition to the amount of the arrears, pay interest at such rate as may be prescribed by the Central Government, on the amount due; and (b) if in his opinion, there is no justification for the delay, direct that the employer shall, in addition to the amount of the arrears and interest thereon, pay a further sum not exceeding fifty per cent. of such amount of arrears by way of damages: Provided that an order for the payment of damages shall not be passed under clause (b) without giving a reasonable opportunity to the employer to show cause as to why it should not be passed. (4) The interest and the damages payable under sub-section (3) shall be paid to the employee or his dependant, as the case may be. ### 78. Method of calculating monthly wages for purposes of compensation. - For the purposes of this Chapter, the expression "monthly wages" means the amount of wages deemed to be payable for a month's service (whether the wages are payable by the month or by whatever other period or at piece rates), and calculated as follows, namely:- (a) where the employee has, during a continuous period of not less than twelve months immediately preceding the accident, been in the service of the employer who is liable to pay compensation, the monthly wages of the employee shall be one-twelfth of the total wages which have fallen due for payment to him by the employer in the last twelve months of that period; (b) where the whole of the continuous period of service immediately preceding the accident during which the employee was in the service of the employer who is liable to pay the compensation was less than one month, the monthly wages of the employee shall be the average monthly amount which, during the twelve months immediately preceding the accident, was being earned by an employee employed on the same work by the same employer, or, if there was no employee so employed, by an employee employed on similar work in the same locality; (c) in other cases including cases in which it is not possible for want of necessary information to calculate the monthly wages under clause (b), the monthly wages shall be thirty times the total wages earned in respect of the last continuous period of service immediately preceding the accident from the employer who is liable to pay compensation, divided by the number of days comprising such period. Explanation. - For the purposes of this section, "a period of service" shall be deemed to be continuous which has not been interrupted by a period of absence from work exceeding fourteen days. ### 79. Review. (1) Any half-monthly payment payable under this Chapter, either under an agreement between the parties or under the order of a competent authority, may be reviewed by the competent authority, on the application either of the employer or of the employee accompanied by the certificate of a medical practitioner that there has been a change in the condition of the employee or, subject to such conditions as may be prescribed by the State Government, on application made without such certificate. (2) Any half-monthly payment may, on review under this section, subject to the provisions of this Chapter, be continued, increased, decreased or ended, or if the accident is found to have resulted in permanent disablement, be converted to the lump sum to which the employee is entitled less any amount which he has already received by way of half-monthly payments. ### 80. Commutation of half-monthly payments. - Any right to receive half-monthly payments may, by agreement between the parties or, if the parties cannot agree and the payments have been continued for not less than six months, on the application of either party to the competent authority be redeemed by the payment of a lump sum of such amount as may be agreed to by the parties or determined by the competent authority, as the case may be. ### 81. Distribution of compensation. (1) No payment of compensation in respect of an employee whose injury has resulted in death, and no payment of a lump sum as compensation to a woman or a person under a legal disability, shall be made otherwise than by deposit with the competent authority, and no such payment made directly by an employer shall be deemed to be a payment of compensation: Provided that, in the case of a deceased employee, an employer may make to any dependant, advances on account of compensation of an amount equal to three months' wages of such employee and so much of such amount as does not exceed the compensation payable to that dependant shall be deducted by the competent authority from such compensation and repaid to the employer. (2) Any other sum amounting to not less than five thousand rupees which is payable as compensation may be deposited with the competent authority on behalf of the person entitled thereto. (3) The receipt of the competent authority shall be a sufficient discharge in respect of any compensation deposited with him. (4) (a) On the deposit of any money under sub-section (1) as compensation in respect of a deceased employee, the competent authority shall, if he thinks necessary, cause notice to be published or to be served on each dependant in such manner as he thinks fit, calling upon the dependants to appear before him on such date as he may fix for determining the distribution of the compensation. (b) If the competent authority is satisfied after any inquiry which he may deem necessary, that no dependant exists, he shall repay the balance of the money to the employer by whom it was paid. (c) The competent authority shall, on an application by the employer, furnish a statement showing in detail all disbursements made. (5) The compensation deposited in respect of a deceased employee shall, subject to any deduction made under sub-section (1), be apportioned by order by the competent authority among the dependants of the deceased employee or any of them in such proportion as the competent authority thinks fit, or may, in the discretion of the competent authority, be allotted to any one dependant: Provided that the competent authority shall not make any order under this sub-section without hearing the dependants and shall record reasons in the order for the apportionment of such compensation among dependants or any of them, as the case may be. (6) Where any compensation deposited with the competent authority is payable to any person, other than a woman or a person under legal disability, the competent authority may pay the compensation to the person entitled thereto. (7) Where any lump sum deposited with the competent authority is payable to a woman or a person under a legal disability, such sum may be invested, applied or otherwise dealt with for the benefit of the woman, or of such person during his disability, in such manner as the competent authority may direct; and where a half-monthly payment is payable to any person under a legal disability, the competent authority may, of his own motion or on an application made to him in this behalf, order that the payment be made during the disability to any dependant of the employee or to any other person, whom the competent authority thinks fit to provide for the welfare of the employee. (8) Where, on application made to him in this behalf or otherwise, the competent authority is satisfied that, on account of neglect of children on the part of a parent or on account of the variation of the circumstances of any dependant or for any other sufficient cause, an order of the competent authority as to the distribution of any sum paid as compensation or as to the manner in which any sum payable to any such dependant is to be invested, applied or otherwise dealt with, ought to be varied, the competent authority may make such orders for the variation of the former order as he thinks just in the circumstances of the case: Provided that no such order prejudicial to any person shall be made unless such person has been given an opportunity of showing cause as to why the order should not be made, or shall be made in any case in which it would involve the repayment by a dependant of any sum already paid to him. (9) Where the competent authority varies any order under sub-section (8) by reason of the fact that payment of compensation to any person has been obtained by fraud, impersonation or other improper means, any amount so paid to or on behalf of such person may be recovered in the manner as specified in sub-section (10). (10) The competent authority may recover as an arrear of land revenue any amount referred to in sub-section (9), and for such purpose the competent authority shall be deemed to be a public officer within the meaning of section 5 of the Revenue Recovery Act, 1890 ( 1 of 1890 ). ### 82. Notice and claim. (1) No claim for compensation shall be entertained by a competent authority unless notice of the accident has been given in the manner hereinafter provided as soon as practicable after the happening thereof and unless the claim is preferred before him within two years of the occurrence of the accident or, in case of death, within two years from the date of death: Provided that where the accident is the contracting of a disease in respect of which the provisions of sub-section (3) of section 74 are applicable, the accident shall be deemed to have occurred on the first of the days during which the employee was continuously absent from work in consequence of the disablement caused by the disease: Provided further that in case of partial disablement due to the contracting of any such disease and which does not force the employee to absent himself from work, the period of two years shall be counted from the day the employee gives notice of the disablement to his employer: Provided also that if an employee who, having been employed in an employment for a continuous period specified under sub-section (3) of section 74 in respect of that employment, ceases to be so employed and develops symptoms of an occupational disease peculiar to that employment within two years of the cessation of employment, the accident shall be deemed to have occurred on the day on which the symptoms were first detected. (2) The want of or any defect or irregularity, in a notice given under sub-section (1), shall not be a bar to the entertainment of a claim- (a) if the claim is preferred in respect of the death of an employee resulting from an accident which occurred on the premises of the employer, or at any place where the employee at the time of the accident was working under the control of the employer or of any person employed by him, and the employee died on such premises or at such place, or on any premises belonging to the employer, or died without having left the vicinity of the premises or place where the accident occurred, or (b) if the employer or any one of several employers or any person responsible to the employer for the management of any branch of the trade or business in which the injured employee was employed had knowledge of the accident from any other source at or about the time when it occurred: Provided that the competent authority may entertain and decide any claim to compensation in any case notwithstanding that the notice has not been given, or the claim has not been preferred in due time as provided under sub-section (1) , if he is satisfied that the failure so to give the notice or prefer the claim, as the case may be, was due to sufficient cause. (3) Every such notice shall give the name and address of the person injured and shall state the cause of the injury and the date on which the accident happened, and shall be served on the employer or upon any one of several employers, or upon any person responsible to the employer for the management of any branch of the trade or business in which the injured employee was employed. (4) The appropriate Government may require that any class of employers as may be prescribed by that Government shall maintain, at their premises at which employees are employed, a notice-book, in such form as may be prescribed by that Government, which shall be readily accessible at all reasonable times to any injured employee employed on the premises and to any person acting bona fide on his behalf. (5) A notice under this section may be served by delivering it at, or sending it by registered post addressed to, the residence or any office or place of business of the person on whom it is to be served, or where possible, electronically or, where a notice-book is maintained, by entry in the notice-book. ### 83. Special provisions relating to accidents occurring outside Indian territory. (1) The provisions of this section shall, subject to the modifications specified in this section, apply in case of employees who are- (a) masters of ships or seamen; or (b) captain and other members of crew of aircraft; (c) persons recruited by companies registered in India and working as such abroad; (d) persons sent for work abroad along with motor vehicles registered under the Motor Vehicles Act, 1988 ( 59 of 1988 ) as drivers, helpers, mechanics, cleaners or other employees. (2) The notice of the accident and the claim for compensation by a person injured may be served on the following persons, as if they were the employer- (a) in case of accident where the person injured is a seamen, but not the master of the ship, on the master of the ship; (b) in case of accident where the person injured is a member of crew of an aircraft, but not the captain of the aircraft, on the captain of the aircraft; (c) in case of persons recruited by companies registered in India and working as such abroad, on the local agent of the company; (d) in case of persons sent for work abroad along with motor vehicles as drivers, helpers, mechanics, cleaners or other employees, on the local agent of the owner of the motor vehicle, in the country of the accident: Provided that where the accident happened and the disablement commenced on board, the ship or aircraft, as the case may be, then, it shall not be necessary for any seaman or members of the crew of aircraft to give any notice of the accident. (3) The claim of compensation shall be made- (a) in the case of the death of an employee referred to in sub-section (1), one year after the news of the death has been received by the claimant; (b) in the case where the ship or the aircraft as the case may be, has been or is deemed to have been lost with all hands, eighteen months of the date on which the ship or the aircraft was, or is deemed to have been, so lost: Provided that the competent authority may entertain any claim to compensation in any case notwithstanding that the claim has not been preferred in due time as provided in this sub-section, if he is satisfied that the failure so to prefer the claim was due to sufficient cause. (4) Where an injured employee referred to in sub-section (1) is discharged or left behind in any part of India or in any foreign country, then, any depositions taken by any Judge or Magistrate in that part or by any Consular Officer in the foreign country and transmitted by the person by whom they are taken to the Central Government or any State Government shall, in any proceedings for enforcing the claim, be admissible in evidence- (a) if the deposition is authenticated by the signature of the Judge, Magistrate or Consular Officer before whom it is made; (b) if the defendant or the person accused, as the case may be, had an opportunity by himself or his agent to cross-examine the witness; and (c) if the deposition was made in the course of a criminal proceeding, on proof that the deposition was made in the presence of the person accused, and it shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition and a certificate by such person that the defendant or the person accused had an opportunity of cross-examining the witness and that the deposition if made in a criminal proceeding was made in the presence of the person accused shall, unless the contrary is proved, be sufficient evidence that he had that opportunity and that it was so made. (5) No half-monthly payment shall be payable in respect of the period during which the owner of the ship is, under any law for the time being in force relating to merchant shipping, liable to defray the expenses of maintenance of the injured master or seaman. (6) Failure to give a notice or make a claim or commence proceedings within the time required by this section shall not be a bar to the maintenance of proceedings under this Chapter in respect of any personal injury, if such proceedings under this Chapter are commenced within one month from the date on which the certificate of the State to that effect Government was furnished to the person commencing the proceedings. ### 84. Medical examination. (1) Where an employee has given notice of an accident, he, shall, if the employer, before the expiry of three days from the time at which service of the notice has been effected, offers to have him examined free of charge by a medical practitioner, submit himself for such examination, and any employee who is in receipt of a half-monthly payment under this Chapter shall, if so required, submit himself for such examination from time to time: Provided that an employee shall not be required to submit himself for examination by a medical practitioner at more than such frequent interval as may be prescribed by the State Government. (2) If an employee, on being required to do so by the employer under sub-section (1) or by the competent authority at any time, refuses to submit himself for examination by a medical practitioner or in any way obstructs the same, his right to compensation shall be suspended during the continuance of such refusal or obstruction unless in the case of refusal, he was prevented by any sufficient cause from so submitting himself. (3) If an employee, before the expiry of the period within which he is liable under sub-section (1) to be required to submit himself for medical examination, voluntarily leaves the vicinity of the place in which he was employed without having been so examined, his right to compensation shall be suspended until he returns and offers himself for such examination: Provided that where such employee proves before the medical practitioner that he could not so submit himself for medical examination due to the circumstances beyond his control and he was also handicapped to communicate such information in writing, the medical practitioner may after recording such reasons in writing, condone the delay and his right to compensation shall be revived as if no such suspension was made. (4) Where an employee, whose right to compensation has been suspended under sub-section (2) or sub-section (3), dies without having submitted himself for medical examination as required by either of those sub-sections, the competent authority may, if he thinks fit, direct the payment of compensation to the dependants of the deceased employee. (5) Where under sub-section (2) or sub-section (3), a right to compensation is suspended, no compensation shall be payable in respect of the period of suspension, and, if the period of suspension commences before the expiry of the waiting period referred to in clause (ii) of sub-section (4) of section 76, the waiting period shall be increased by the period during which the suspension continues. (6) Where an injured employee has refused to be attended by a medical practitioner whose services have been offered to him by the employer free of charge or having accepted such offer has deliberately disregarded the instructions of such medical practitioner, then, if it is proved that the employee has not thereafter been regularly attended by a medical practitioner or having been so attended has deliberately failed to follow his instructions and that such refusal, disregard or failure was unreasonable in the circumstances of the case and that the injury has been aggravated thereby, the injury and resulting disablement shall be deemed to be of the same nature and duration as they might reasonably have been expected to be if the employee had been regularly attended by a medical practitioner, whose instructions he had followed, and compensation, if any, shall be payable accordingly. ### 85. Contracting. (1) Where any employer in the course of or for the purposes of his trade or business contracts with a contractor for the execution by or under the contractor of the whole or any part of any work which is ordinarily part of the trade or business of the employer, the employer shall be liable to pay to any employee employed in the execution of the work any compensation, which he would have been liable to pay if that employee had been immediately employed by him; and that the amount of compensation shall be calculated with reference to the wages of the employee under the employer by whom he is immediately employed. (2) Where the employer is liable to pay compensation under this section, he shall be entitled to be indemnified by the contractor, or any other person from whom the employee could have recovered the compensation and where a contractor who is himself an employer is liable to pay compensation or to indemnify an employer under this section, he shall be entitled to be indemnified by any person standing to him in relation of a contractor from whom the employee could have recovered the compensation, and all questions as to the right to and the amount of any such indemnity shall, in default of agreement, be settled by the competent authority. (3) Nothing in this section shall be construed as preventing an employee from recovering compensation referred to in sub-section (2) from the contractor instead of the employer. (4) The provisions of this section shall not apply in any case where the accident occurred elsewhere than on, in or about the premises on which the employer has undertaken or usually undertakes, as the case may be, to execute the work or which are otherwise under his control or management. ### 86. Remedies of employer against stranger. - Where an employee has recovered compensation in respect of any injury caused under circumstances creating a legal liability of some person other than the person by whom the compensation was paid to pay damages in respect thereof, the person by whom the compensation was paid and any person who has been called on to pay an indemnity under section 85 shall be entitled to be indemnified by the person so liable to pay damages as aforesaid. ### 87. Insolvency of employer. (1) Where any employer has entered into a contract with any insurers in respect of any liability under this Chapter to any employee, then, in the event of the employer becoming insolvent or making a composition or scheme of arrangement with his creditors or, if the employer is a company, in the event of the company having commenced to be wound up, the rights of the employer against the insurers as respects that liability shall, notwithstanding anything in any law for the time being in force relating to insolvency or the winding up of companies, be transferred to and vest in the employee, and upon any such transfer the insurers shall have the same rights and remedies and be subject to the same liabilities as if they were the employer, so, however, that the insurers shall not be under any greater liability to the employee than they would have been under the employer. (2) If the liability of the insurers to the employee is less than the liability of the employer to the employee, the burden of proof shall lie on the employee for the balance in the insolvency proceedings or liquidation. (3) Where in any case such as is referred to in sub-section (1), the contract of the employer with the insurers is void or voidable by reason of non-compliance on the part of the employer with any terms or conditions of the contract (other than a stipulation for the payment of premium), the provisions of that sub-section shall apply as if the contract were not void or voidable, and the insurers shall be entitled to prove in the insolvency proceedings or liquidation for the amount paid to the employee: Provided that the provisions of this sub-section shall not apply in any case in which the employee fails to give notice to the insurers of the happening of the accident and of any resulting disablement as soon as practicable after he becomes aware of the institution of the insolvency or liquidation proceedings. (4) There shall be deemed to be included among the debts which under the Insolvency and Bankruptcy Code, 2016 (31 of 2016) or under the provisions of the Companies Act, 2013 ( 18 of 2013 ) are in the distribution of the assets of an insolvent or in the distribution of the assets of a company being wound up to be paid in priority to all other debts, the amount due in respect of any compensation, the liability accrued before the date of the order of adjudication of the insolvent or the date of the commencement of the winding up, as the case may be, and the provisions of that Code and Act shall have effect accordingly. (5) Where the compensation is a half-monthly payment, the amount due in respect thereof shall, for the purposes of this section, be taken to be the amount of the lump sum for which the half-monthly payment could, if redeemable, be redeemed if applications were made for that purpose under section 80, and a certificate of the competent authority as to the amount of such sum shall be conclusive proof thereof. (6) The provisions of sub-section (4) shall apply in the case of any amount for which an insurer is entitled to prove under sub-section (3), but otherwise those provisions shall not apply where the insolvent or the company being wound up has entered into such a contract with insurers as is referred to in sub-section (1). (7) The provisions of this section shall not apply where a company is wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another company. ### 88. Power to require from employers statements regarding fatal accidents. (1) Where a competent authority receives information from any source that an employee has died as a result of an accident arising out of and in the course of his employment, he may send by registered post or where possible, electronically a notice to the employee's employer requiring him to submit, within thirty days of the service of the notice, a statement, in such form as may be prescribed by the State Government, giving the circumstances attending the death of the employee, and indicating whether, in the opinion of the employer, he is or is not liable to deposit compensation on account of the death and a copy of such notice shall also be sent by the competent authority in the same manner to the dependants of such employee ascertained by the competent authority. (2) If the employer is of the opinion that he is liable to deposit compensation, he shall make the deposit within thirty days of the service of the notice. (3) If the employer is of the opinion that he is not liable to deposit compensation, he shall in his statement indicate the grounds on which he disclaims liability. (4) Where the employer has so disclaimed liability, the competent authority, after such inquiry as he may think fit, may inform any of the dependants of the deceased employee, that it is open to the dependants to prefer a claim for compensation, and may give them such other further information as he may think fit. (5) Where in the opinion of the competent authority, a dependant of the deceased employee is not in a position to engage an advocate to file a claim for compensation, the competent authority may provide an advocate to such dependant, from the panel of advocates maintained by the State Government. ### 89. Registration of agreements. (1) Where the amount of any lump sum payable as compensation has been settled by agreement, whether by way of redemption of a half-monthly payment or otherwise, or where any compensation has been so settled as being payable to a woman, or a person under a legal disability, a memorandum thereof shall be sent by the employer to the competent authority, who shall, on being satisfied as to its genuineness, record the memorandum in a register, electronically or otherwise, in such manner as may be prescribed by the appropriate Government: Provided that- (a) no such memorandum shall be recorded before seven days after communication by the competent authority of notice to the parties concerned; (b) the competent authority may at any time rectify the register; (c) where it appears to the competent authority that an agreement as to the payment of a lump sum whether by way of redemption of a half-monthly payment or otherwise, or an agreement as to the amount of compensation payable, to a woman or a person under a legal disability ought not to be registered by reason of the inadequacy of the sum or amount, or by reason of the agreement having been obtained by fraud or undue influence or other improper means, the competent authority may refuse to record the memorandum of the agreement and may make such order including an order as to any sum already paid under the agreement, as the competent authority thinks just in the circumstances. (2) An agreement for the payment of compensation which has been registered under sub-section (1) shall be enforceable under this Code notwithstanding anything contained in the Indian Contract Act, 1872 ( 9 of 1872 ), or in any other law for the time being in force. (3) Where a memorandum of any agreement, the registration of which is required under this section, is not sent to the competent authority as required by this section, the employer shall be liable to pay the full amount of compensation which he is liable to pay under the provisions of this Chapter, and notwithstanding anything contained in the proviso to sub-section (1) of section 76, shall not, unless the competent authority otherwise directs, be entitled to deduct more than half of any amount paid to the employee by way of compensation whether under the agreement or otherwise. ### 90. Reference to competent authority. (1) If any question arises in any proceedings under this Chapter as to the liability of any person to pay compensation (including any question as to whether a person injured is or is not an employee) or as to the amount or duration of compensation (including any question as to the nature or extent of disablement), the question shall, in default of agreement, be settled by a competent authority. (2) No Civil Court shall have jurisdiction to settle, decide or deal with any question which is by or under this Chapter required to be settled, decided or dealt with by a competent authority or to enforce any liability incurred under this Chapter. ### 91. Appointment of competent authority. (1) The State Government may, by notification, appoint any person who is or has been a member of a State Judicial Service for a period of not less than five years or is or has been for not less than five years an advocate or is or has been a Gazetted Officer for not less than five years having educational qualifications and experience in personnel management, human resource development, industrial relations and legal affairs or such other experience and qualifications as may be prescribed by the appropriate Government to be a competent authority for the purposes of this Chapter and for such area as may be specified in the notification. (2) Where more than one competent authority has been appointed for any area, the State Government may, by general or special order, regulate the distribution of business amongst them. (3) Any competent authority may, for the purpose of deciding any matter referred to him for decision under this Chapter, choose one or more persons possessing special knowledge of any matter relevant to the matter under inquiry to assist him in holding the inquiry. ### 92. Venue of proceedings and transfer. (1) Where any matter under this Chapter is to be done by or before a competent authority, the same shall, subject to the provisions of this Chapter and in the manner prescribed in this behalf by the State Government, be done by or before the competent authority for the area in which- (a) the accident took place which resulted in the injury; or (b) the employee or in case of his death, the dependant claiming the compensation ordinarily resides; or (c) the employer has his registered office: Provided that no matter shall be processed before or by a competent authority, other than the competent authority having jurisdiction over the area in which the accident took place, without his giving notice electronically or otherwise in the manner prescribed by the Central Government to the competent authority having jurisdiction over the area and the State Government concerned: Provided further that, where the employee, being the master of a ship or a seaman or the captain or a member of the crew of an aircraft or an employee in a motor vehicle or a company, meets with the accident outside India, any such matter may be done by or before a competent authority for the area in which the owner or agent of the ship, aircraft or motor vehicle resides or carries on business or the registered office of the company is situate, as the case may be. (2) If a competent authority, other than the competent authority with whom any money has been deposited under section 81, proceeds with a matter under this Chapter, the former may for the proper disposal of the matter call for transfer of any records or moneys remaining with the latter and on receipt of such a request, he shall comply with the same. (3) If a competent authority is satisfied that any matter arising out of any proceedings pending before him can be more conveniently dealt with by any other competent authority, whether in the same State or not, he may, subject to rules made under this Code relating to this Chapter, order such matter to be transferred to such other competent authority either for report or for disposal, and, if he does so, shall forthwith transmit to such other competent authority all documents relevant for the decision of such matter and, where the matter is transferred for disposal, shall also transmit in the manner as may be prescribed by the Central Government any money remaining in his hands or invested by him for the benefit of any party to the proceedings: Provided that the competent authority shall not, where any party to the proceedings has appeared before him, make any order of transfer relating to the distribution among dependants of a lump sum without giving such party an opportunity of being heard. (4) The competent authority to whom any matter is so transferred shall, subject to rules made under this Code relating to this Chapter, inquire therein to and, if the matter was transferred for report, return his report thereon or, if the matter was transferred for disposal, continue the proceedings as if they had originally commenced before him. (5) On receipt of a report from a competent authority to whom any matter has been transferred for report under sub-section (3), the competent authority by whom it was referred shall decide the matter referred to in conformity with such report. (6) The State Government may transfer any matter from any competent authority appointed by it to any other competent authority appointed by it. ### 93. Form of application. (1) Where an accident occurs in respect of which liability to pay compensation under this Chapter arises, a claim for such compensation may, subject to the provisions of this Chapter, be made before the competent authority. (2) Subject to the provisions of sub-section (1), no application for the settlement of any matter by competent authority, other than an application by a dependant or joint application by dependants for compensation, shall be made unless and until some question has arisen between the parties in connection therewith which they have been unable to settle by agreement. (3) An application to a competent authority for claim under sub-section (1) or settlement under sub-section (2) may be made electronically or otherwise in such form and in such manner accompanied by such fee, if any, as may be prescribed by the Central Government. (4) The time-limit for the disposal of applications under this section and the costs incidental to the proceedings under this section to be imposed by the competent authority shall be such as may be prescribed by the State Government. ### 94. Power of competent authority to require further deposit in cases of fatal accident. (1) Where any sum has been deposited by an employer as compensation payable in respect of an employee whose injury has resulted in death, and in the opinion of the competent authority such sum is insufficient, the competent authority may, by notice in writing stating his reasons, call upon the employer to show cause why he should not make a further deposit within such time as may be stated in the notice. (2) If the employer fails to show cause to the satisfaction of the competent authority, the competent authority may make an award determining the total amount payable, and requiring the employer to deposit the deficiency. ### 95. Powers and procedure of competent authority. - The competent authority shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purpose of taking evidence on oath (which such competent authority is hereby empowered to impose) and of enforcing the attendance of witnesses and compelling the production of documents and material objects, and the competent authority shall be deemed to be a Civil Court for all the purposes of section 195 and of Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). ### 96. Appearance of parties. - Any appearance, application or act required to be made or done by any person before or to a competent authority (other than an appearance of a party which is required for the purpose of his examination as a witness) may be made or done on behalf of such person by a legal practitioner or by an official of an Insurance Company or a registered Trade Union or by an Inspector-cum-Facilitator appointed under sub-section (1) of section 122 or by any other officer specified by the State Government in this behalf, authorised in writing by such person, or, with the permission of the competent authority, by any other person so authorised. ### 97. Method of recording evidence. - The competent authority shall make a brief memorandum of the substance of the evidence of every witness as the examination of the witness proceeds, and such memorandum shall be authenticated under the hand of the competent authority or in the manner as may be prescribed by the State Government and shall form part of the record: Provided that, if the competent authority is prevented from making such memorandum, he shall record the reason of his inability to do so and shall cause such memorandum to be made in writing from his dictation and shall sign the same, and such memorandum shall form part of the record: Provided further that the evidence of any medical witness shall be taken down as nearly as may be word for word. ### 98. Power to submit cases. - A competent authority may, if he thinks fit, submit any question of law for the decision of the High Court and, if he does so, shall decide the question in conformity with such decision. ### 99. Appeal against order of competent authority. (1) An appeal shall lie to the High Court from the following orders of a competent authority under this Chapter, namely:- (a) an order awarding as compensation a lump sum whether by way of redemption of a half-monthly payment or otherwise or disallowing a claim in full or in part for a lump sum; (b) an order awarding interest or damages under section 77; (c) an order refusing to allow redemption of a half-monthly payment; (d) an order providing for the distribution of compensation among the dependants of a deceased employee, or disallowing any claim of a person alleging himself to be such dependant; (e) an order allowing or disallowing any claim for the amount of an indemnity under the provisions of sub-section (2) of section 85; or (f) an order refusing to register a memorandum of agreement or registering the same or providing for the registration of the same subject to conditions: Provided that no appeal shall lie against any order unless a substantial question of law is involved in the appeal, and in the case of an order other than an order referred to in clause (c) , unless the amount in dispute in the appeal is not less than ten thousand rupees or such higher amount as the Central Government may, by notification, specify: Provided further that no appeal shall lie in any case in which the parties have agreed to abide by the decision of the competent authority, or in which the order of the competent authority gives effect to an agreement arrived at by the parties: Provided also that no appeal by an employer under clause (a) shall lie unless the memorandum of appeal is accompanied by a certificate by the competent authority to the effect that the appellant has deposited with him the amount payable under the order appealed against. (2) The period of limitation for an appeal under this section shall be sixty days from the date of passing of the order. (3) The provisions of section 5 of the Limitation Act, 1963 ( 36 of 1963 ), shall be applicable to appeal under this section. Chapter VIII Social Security and Cess in Respect of Building and Other Construction Workers ------------------------------------------------------------------------------------------------ ### 100. Levy and collection of cess. (1) There shall be levied and collected a cess for the purposes of social security and welfare of building workers at such rate not exceeding two per cent. but not less than one per cent. of the cost of construction incurred by an employer, as the Central Government may, by notification, from time to time, specify. Explanation. - For the purposes of this sub-section, the cost of construction shall not include,- (a) the cost of land; and (b) any compensation paid or payable to an employee or his kin under Chapter VII. (2) The cess levied under sub-section (1) shall be collected from every employer undertaking building or other construction work in such manner and at such time, including deduction at source in relation to a building or other construction work of a Government or of a public sector undertaking or advance collection through a local authority where an approval of such building or other construction work by such local authority or such other authority notified by the State Government is required, as may be prescribed by the Central Government. (3) The proceeds of the cess collected under sub-section (2) shall be deposited by the local authority or such other authority notified by the State Government to the Building Workers' Welfare Board in such manner as may be prescribed by the Central Government. (4) Notwithstanding anything contained in sub-section (1) or sub-section (2), the cess leviable under this Chapter including payment of such cess in advance may, subject to final assessment to be made, be collected at a uniform rate or rates as may be prescribed by the Central Government on the basis of the quantum of the building or other construction work involved. ### 101. Interest payable on delay in payment of cess. - If any employer fails to pay any amount of cess payable under section 100 within such time as may be prescribed by the appropriate Government, such employer shall be liable to pay interest at such rate as may be prescribed by the Central Government, on the amount of cess, to be paid, for the period from the date on which such payment is due till such amount is actually paid. ### 102. Power to exempt from cess. - Notwithstanding anything contained in this Chapter, the appropriate Government may, by notification, exempt any employer or class of employers in a State from the payment of cess payable under this Chapter where such cess is already levied and payable under any corresponding law in force in that State. ### 103. Self-assessment of cess. (1) The employer shall, within sixty days or such period as may be notified by the Central Government of the completion of his each building and other construction work, pay such cess (adjusting the advance cess already paid under section 100) payable under this Chapter on the basis of his self-assessment on the cost of construction worked out on the basis of the documents and in the manner prescribed by the Central Government and after such payment of cess, he shall file a return under clause (d) of section 123. (2) If the officer or the authority to whom or to which the return has been filed under sub-section (1) finds any discrepancy in the payment under the self-assessment and the payment required under the return referred to in that sub-section, then, he or it shall, after making or causing to be made such inquiry as he or it thinks fit and after such inquiry make the appropriate assessment order. (3) An order of assessment made under sub-section (2) shall specify the date within which the cess shall be paid by the employer, if any. ### 104. Penalty for non-payment of cess within the specified time. - If any amount of cess payable by any employer under section 103 is not paid within the date specified in the order of assessment made under sub-section (2) of that section, it shall be deemed to be in arrears and the authority prescribed by the Central Government in this behalf may, after making such inquiry as it deems fit, impose on such employer a penalty not exceeding the amount of cess: Provided that, before imposing any such penalty, such employer shall be given a reasonable opportunity of being heard and if after such hearing the said authority is satisfied that the default was for any good and sufficient reason, no penalty shall be imposed under this section. ### 105. Appeal to appellate authority. (1) Any employer aggrieved by an order of assessment made under section 103 or by an order imposing penalty made under section 104 may, within such time as may be prescribed by the Central Government, appeal to such appellate authority in such form and in such manner as may be prescribed by the Central Government. (2) Every appeal preferred under sub-section (1) shall be accompanied by such fees as may be prescribed by the appropriate Government. (3) After the receipt of any appeal under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of being heard in the matter, dispose of the appeal as expeditiously as possible. (4) Every order passed in appeal under this section shall be final and shall not be called in question in any court of law. ### 106. Registration of building workers as beneficiaries. - Every building worker who has completed eighteen years of age, but has not completed sixty years of age, and who has been engaged in any building or other construction work for not less than ninety days during the preceding twelve months shall be registered by the officer authorised by the Building Workers' Welfare Board as a beneficiary under this Chapter in such manner as may be prescribed by the Central Government. ### 107. Cessation as a beneficiary. (1) A building worker who has been registered as a beneficiary under section 106 shall cease to be as such when he attains the age of sixty years or when he is not engaged in building or other construction work for not less than ninety days in a year: Provided that in computing the period of ninety days under this sub-section, there shall be excluded any period of absence from the building or other construction work due to any personal injury caused to the building worker by accident arising out of and in the course of his employment. (2) Notwithstanding anything contained in sub-section (1), if a person had been a beneficiary for at least three years continuously immediately before attaining the age of sixty years, then, he shall be eligible to get such benefits as may be prescribed by the Central Government. Explanation. - For computing the period of three years under this sub-section as a beneficiary registered with a Building Workers' Welfare Board, there shall be added any period for which a person had been a beneficiary registered with any other such Board immediately before his registration with the Building Workers' Welfare Board. ### 108. Building and Other Construction Workers' Welfare Fund and its application. (1) There shall be constituted by a Building Workers' Welfare Board a fund to be called the Building and Other Construction Workers' Welfare Fund and there shall be credited thereto- (a) the amount of any cess levied under sub-section (1) of section 100; (b) any grants and loans made to the Building Workers' Welfare Board by the Central Government; and (c) all sums received by the Building Workers' Welfare Board from such other sources as may be decided by the Central Government. (2) The Building and Other Construction Workers' Welfare Fund shall be applied for meeting- (a) expenses of the Building Workers' Welfare Board in the discharge of its functions under sub-section (6) of section 7; (b) salaries, allowances and other remuneration of the members, officers and other employees of the Building Workers' Welfare Board; and (c) expenses on objects and for purposes authorised by this Code. (3) No Building Workers' Welfare Board shall, in any financial year, incur expenses towards salaries, allowances and other remuneration to its members, officers and other employees and for meeting the other administrative expenses exceeding five per cent. of its total expenses during that financial year. Chapter IX Social Security for Unorganised Workers, Gig Workers and Platform Workers ----------------------------------------------------------------------------------------- ### 109. Framing of schemes for unorganised workers. (1) The Central Government shall frame and notify, from time to time, suitable welfare schemes for unorganised workers on matters relating to- (i) life and disability cover; (ii) health and maternity benefits; (iii) old age protection; (iv) education; and (v) any other benefit as may be determined by the Central Government. (2) The State Government shall frame and notify, from time to time, suitable welfare schemes for unorganised workers, including schemes relating to- (i) provident fund; (ii) employment injury benefit; (iii) housing; (iv) educational schemes for children; (v) skill upgradation of workers; (vi) funeral assistance; and (vii) old age homes. (3) Any scheme notified by the Central Government under sub-section (1), may be- (i) wholly funded by the Central Government; or (ii) partly funded by the Central Government and partly funded by the State Government; or (iii) partly funded by the Central Government, partly funded by the State Government and partly funded through contributions collected from the beneficiaries of the scheme or the employers as may be specified in the scheme by the Central Government; or (iv) funded from any source including corporate social responsibility fund within the meaning of the Companies Act, 2013 ( 18 of 2013 ) or any other such source as may be specified in the scheme. (4) Every scheme notified by the Central Government under sub-section (1) shall provide for such matters that are necessary for the efficient implementation of the scheme including the matters relating to all or any of the following, namely:- (i) scope of the scheme; (ii) authority to implement the scheme; (iii) beneficiaries of the scheme; (iv) resources of the scheme; (v) agency or agencies that will implement the scheme; (vi) redressal of grievances; and (vii) any other relevant matter, and a special purpose vehicle may also be constituted by the Central Government for the purpose of implementation of any such scheme. ### 110. Funding of State Government schemes. (1) Any scheme notified by the State Government under sub-section (2) of section 109 may be- (a) wholly funded by the State Government; or (b) partly funded by the State Government, partly funded through contributions collected from the beneficiaries of the scheme or the employers as may be specified in the scheme by the State Government; or (c) funded from any source including corporate social responsibility fund referred to in clause (iv) of sub-section (3) of section 109 or any other such source as may be specified in the scheme. (2) The State Government may seek financial assistance from the Central Government for the schemes framed by it. (3) The Central Government may provide such financial assistance to the State Governments for the purpose of schemes for such period and on such terms and conditions as it may deem fit. ### 111. Record keeping. - The Government formulating and notifying the scheme under this Chapter shall provide therein the form and manner of keeping the records electronically or otherwise relating to the scheme and the authority by whom such records shall be maintained: Provided that such records shall, as far as may be possible, bear continuous number for the purpose of proper management of the scheme and for avoiding any duplication and overlapping in records. ### 112. Helpline, facilitation centre, etc., for unorganised workers, gig workers and platform workers. - The appropriate Government may set up a toll free call centre or helpline or such facilitation centres as may be considered necessary from time to time to perform any or more of the following functions, namely:- (a) to disseminate information on available social security schemes for the unorganised workers, gig workers and platform workers; (b) to facilitate filing, processing and forwarding of application forms for registration of unorganised workers, gig workers and platform workers; (c) to assist unorganised workers, gig workers and platform workers to obtain registration; and (d) to facilitate the enrolment of the registered unorganised workers, gig workers and platform workers in the social security schemes. ### 113. Registration of unorganised workers, gig workers and platform workers. (1) Every unorganised worker, gig worker or platform worker shall be required to be registered for the purposes of this Chapter, subject to the fulfilment of the following conditions, namely:- (a) he has completed sixteen years of age or such age as may be prescribed by the Central Government; (b) he has submitted a self-declaration electronically or otherwise in such form and in such manner containing such information as may be prescribed by the Central Government. (2) Every eligible unorganised worker, gig worker or platform worker referred to in sub-section (1) shall make an application for registration in such form along with such documents including Aadhaar number as may be prescribed by the Central Government and such worker shall be assigned a distinguishable number to his application: Provided that the system of electronic registration maintained by the appropriate Government shall also provide for self registration by any such worker in such manner as may be prescribed by the Central Government. (3) A registered unorganised worker, gig worker or platform worker shall be eligible to avail the benefit of the concerned scheme framed under this Chapter. (4) The Central Government, or as the case may be, the State Government shall make such contribution in a scheme as may be specified therein. Explanation. - For the purposes of this section, the term "Aadhaar" shall have the same meaning as is assigned to it in section 142. ### 114. Schemes for gig workers and platform workers. (1) The Central Government may frame and notify, from time to time, suitable social security schemes for gig workers and platform workers on matters relating to- (a) life and disability cover; (b) accident insurance; (c) health and maternity benefits; (d) old age protection; (e) crèche; and (f) any other benefit as may be determined by the Central Government. (2) Every scheme framed and notified under sub-section (1) may provide for- (a) the manner of administration of the scheme; (b) the agency or agencies for implementing the scheme; (c) the role of aggregators in the scheme; (d) the sources of funding of the scheme; and (e) any other matter as the Central Government may consider necessary for the efficient administration of the scheme. (3) Any scheme notified by the Central Government under sub-section (1), may be- (a) wholly funded by the Central Government; or (b) partly funded by the Central Government and partly funded by the State Government; or (c) wholly funded by the contributions of the aggregators; or (d) partly funded by the Central Government, partly funded by the State Government and partly funded through contributions collected from the beneficiaries of the scheme or the aggregators, as may be specified in the scheme framed by the Central Government; or (e) funded from corporate social responsibility fund within the meaning of Companies Act, 2013 ( 18 of 2013 ); or (f) any other source. (4) The contribution to be paid by the aggregators for the funding referred to in clause (ii) of sub-section (1) of section 141, shall be at such rate not exceeding two per cent., but not less than one per cent., as may be notified by the Central Government, of the annual turnover of every such aggregator who falls within a category of aggregators, as are specified in the Seventh Schedule: Provided that the contribution by an aggregator shall not exceed five per cent. of the amount paid or payable by an aggregator to gig workers and platform workers. Explanation. - For the purposes of this sub-section, the annual turnover of an aggregator shall not include any tax, levy and cess paid or payable to the Central Government. (5) The date of commencement of contribution from aggregator under this section shall be notified by the Central Government. (6) The National Social Security Board constituted under sub-section (1) of section 6 shall be the Board for the purposes of the welfare of gig workers and platform workers under the provisions of this Code: Provided that while such Board serves the purposes of welfare of, or matters relating to, gig workers and platform workers, the following members shall constitute the Board instead of the members specified in clauses (c) and (d) of sub-section (2) of section 6, namely:- (a) five representatives of the aggregators as the Central Government may nominate; (b) five representatives of the gig workers and platform workers as the Central Government may nominate; (c) Director General of the Corporation; (d) Central Provident Fund Commissioner of the Central Board; (e) such expert members as the Central Government may consider appropriate; (f) five representatives of the State Governments by such rotation as the Central Government may consider appropriate; (g) Joint Secretary to the Government of India in the Ministry of Labour and Employment, who shall be the Member Secretary to the Board. (7) (i) The Central Government may provide that - (a) the authority to collect and to expend the proceeds of contribution collected; (b) the rate of interest to be paid by an aggregator in case of delayed payment, less payment or non-payment of contribution; (c) self-assessment of contribution by aggregators; (d) conditions for cessation of a gig worker or a platform worker; and (e) any other matter relating to smooth functioning of the social security scheme notified under this section, shall be such as may be prescribed by that Government. (ii) The Central Government may by notification, exempt such aggregator or class of aggregators from paying of contribution under sub-section (4), subject to such conditions as may be specified in the notification. Explanation. - For the purposes of this section, an aggregator having more than one business shall be treated as a separate business entity or aggregator. Chapter X Finance and Accounts ----------------------------------- ### 115. Accounts. - Each of the Social Security Organisations shall maintain proper accounts of its income and expenditure in such form and in such manner as the appropriate Government may, after consultation with the Comptroller and Auditor-General of India, specify. ### 116. Audit. (1) The accounts of each of the Social Security Organisations 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 payable by the respective Social Security Organisation to the Comptroller and Auditor-General of India. (2) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of a Social Security Organisation shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General of India 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 to inspect any of the offices of the Social Security Organisation. (3) The accounts of a Social Security Organisation 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 to the Social Security Organisation which shall along with its comments on the audit report of the Comptroller and Auditor-General of India forward the same to the appropriate Government. ### 117. Budget estimates. (1) Each of the Social Security Organisations shall in each year frame a budget showing the probable receipts and the expenditure which it proposes to incur during the following year and shall submit a copy of the budget for the approval of the appropriate Government before such date as may be fixed by it in that behalf. (2) The budget shall contain provisions adequate in the opinion of the appropriate Government for the discharge of the liabilities incurred by the Social Security Organisation and for the maintenance of a working balance. ### 118. Annual report. (1) Each of the Social Security Organisations shall submit to the appropriate Government an annual report of its work and activities and the budget finally adopted by the Social Security Organisation. (2) The appropriate Government shall cause a copy of the annual report, budget and the audited accounts together with the report of the Comptroller and Auditor-General of India and the comments of the respective Social Security Organisation thereon to be laid before each House of Parliament or the State legislature, as the case may be. ### 119. Valuation of assets and liabilities. - Each of the fund maintained by a Social Security Organisation or by an establishment under this Code shall have a valuation of its assets and liabilities made by a valuer or actuary, as the case may be, appointed, with the prior approval of the appropriate Government, by such Social Security Organisation or the establishment, as the case may be, in the following manner, namely:- (a) in case of Central Board, annually; (b) in case of Corporation, once in every three years; (c) in case of any other Social Security Organisation or establishment, as specified by the appropriate Government, by order: Provided that the appropriate Government, if it considers necessary, may direct such valuation to be made at such intervals other than provided in this section. ### 120. Holding of property, etc., by Social Security Organisation. (1) A Social Security Organisation (except Corporation) may, subject to such conditions as may by Social Security Organisation be prescribed by the appropriate Government, acquire and hold property, both movable and immovable, sell or otherwise transfer any movable or immovable property which may have become vested in or have been acquired by it and do all things necessary for such purposes and for the purposes for which the said Social Security Organisation is established. (2) Subject to such conditions as may be prescribed by the appropriate Government, a Social Security Organisation may, from time to time invest any moneys vested in it, which are not immediately required for expenses properly defrayable and may, subject to as aforesaid, from time to time re-invest or realise such investments: Provided that in case of Provident Fund, Pension Fund or Insurance Fund, such investment, re-investment or realisation shall be specified in the Provident Fund Scheme or Pension Scheme or Insurance Scheme, as the case may be. (3) Each of the Social Security Organisations (except Corporation) may, with the previous sanction of the appropriate Government and on such terms as may be prescribed by such Government, raise loans and take measures for discharging such loans. (4) Each of the Social Security Organisations (except Corporation) may, with the previous sanction of the appropriate Government and on such terms as may be prescribed by such Government, constitute for the benefit of its officers and staff or any class of them, such provident or other benefit funds as it may think fit: Provided that in case of officers and staff of the Central Board, such terms shall be specified in the Provident Fund Scheme. ### 121. Writing off of losses. - Subject to the conditions as may be prescribed by the appropriate Government, where any of the Social Security Organisations is of the opinion that the amount of contribution, cess, interest and damages due to it, under this Code, is irrecoverable, the concerned Social Security Organisation may sanction the writing off of the said amount in such manner as may be prescribed by the appropriate Government: Provided that in the case of Provident Fund, Pension Fund or Insurance Fund, such writing off shall be specified in the Provident Fund Scheme or Pension Scheme or Insurance Scheme, as the case may be. Chapter XI Authorities, Assessment, Compliance and Recovery ---------------------------------------------------------------- ### 122. Appointment of Inspector-cum-Facilitators and their powers. (1) The Central Government for the purposes of Chapter III and Chapter IV and for the provisions in this Code relating to those Chapters, and the appropriate Government for the purposes of other provisions of this Code, may, by notification, appoint Inspector-cum-Facilitators who shall discharge his duties under this Code and exercise the powers conferred on them under sub-section (6) in accordance with the inspection scheme referred to in sub-section (2). (2) The Central Government for the purposes of Chapter III and Chapter IV and for the provisions in this Code relating to those Chapters and the appropriate Government in respect of other provisions of this Code, may, by notification, lay down an inspection scheme which may provide for generation of a web-based inspection and calling of information relating to the inspection under this Code electronically and such scheme shall, inter alia, have provisions to cater to special circumstances for assigning inspections and calling for information from the establishment or any other person. (3) Without prejudice to the provisions of sub-section (2), the Central Government for the purposes of Chapter III and Chapter IV and the other provisions in this Code relating to those Chapters and the appropriate Government in relation to other provisions of this Code, may, by notification, confer such jurisdiction of randomised selection of inspection for the purposes of this Code, to the Inspector-cum-Facilitators as may be specified in such notification. (4) Without prejudice to the powers of the Central Government or the appropriate Government, as the case may be, under this section, the inspection scheme may be designed taking into account, inter alia, the following factors, namely:- (a) assignment of unique number to each establishment (which will be same as the registration number allotted to that establishment), each Inspector-cum-Facilitator and each inspection in such manner as may be notified for the purposes of Chapter III and Chapter IV and the other provisions of this Code relating to those Chapters, by the Central Government, and in respect of other provisions of this Code, by the appropriate Government; (b) timely uploading of inspection reports in such manner and subject to such conditions as may be notified, for the purposes of Chapter III and Chapter IV and the other provisions of this Code relating to those Chapters, by the Central Government, and in respect of other provisions of this Code, by the appropriate Government; (c) provisions for special inspections based on such parameters as may be notified, for the purposes of Chapter III and Chapter IV and the other provisions of this Code relating to those Chapters, by the Central Government, and in respect of other provisions of this Code, by the appropriate Government; and (d) the characteristics of employment relationships, the nature of work and characteristics of the workplaces based on such parameters as may be notified, for the purposes of Chapter III and Chapter IV and the other provisions of this Code relating to those Chapters, by the Central Government, and in respect of other provisions of this Code, by the appropriate Government. (5) The Inspector-cum-Facilitator may - (a) advice the employers and employees relating to compliance with the provisions of this Code; and (b) inspect the establishments as assigned to him under the provisions of this Code, subject to the instructions or guidelines issued by the appropriate Government from time to time. (6) Subject to the provisions of sub-section (4), the Inspector-cum-Facilitator may,- (a) examine any person who is found in any premises of the establishment, whom the Inspector-cum-Facilitator has reasonable cause to believe, is an employee of the establishment; (b) require any person whom the Inspector-cum-Facilitator has reasonable cause to believe, is an employer of the establishment, to produce any document or to give any information, which is in his power with respect to any of the purposes for which the inspection is made; (c) search, seize or take copies of such register, record of wages or notices or portions thereof as the Inspector-cum-Facilitator may consider relevant in respect of an offence under this Code and which the Inspector-cum-Facilitator has reason to believe has been committed by the employer; (d) bring to the notice of the appropriate Government defects or abuses not covered by any law for the time being in force; and (e) exercise such other powers as may be prescribed by the appropriate Government. (7) Any person required to produce any document or to give any information required by an Inspector-cum-Facilitator for the purposes of sub-section (6) shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the Indian Penal Code (45 of 1860). (8) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall, so far as may be, apply to the search or seizure for the purposes of sub-section (6), as they apply to the search or seizure made under the authority of a warrant issued under section 94 of the said Code. ### 123. Maintenance of records, registers, returns, etc. - An employer of an establishment shall- (a) maintain records and registers in the form prescribed by the appropriate Government, electronically or otherwise, containing such particulars and details with regard to persons employed, muster roll, wages and such other particulars and details, in such manner, as may be prescribed by the appropriate Government including- (i) number of days for which work performed by employees; (ii) number of hours of work performed by the employees; (iii) wage paid; (iv) leave, leave wages, wages for overtime work and attendance; (v) employees identification number, by whatever nomenclature it may be called; (vi) number of dangerous occurrences, accidents, injuries in respect of which compensation has been paid by the employer and the amount of such compensation relating to Chapter IV and Chapter VII, respectively; (vii) statutory deductions made by employer from the wages of an employee in respect of Chapter III and Chapter IV; (viii) details as to cess paid in respect of building and other construction work; (ix) total number of employees (regular, contractual or fixed term employment) on the day specified; (x) persons recruited during a particular period; (xi) occupational details of the employees; and (xii) vacancies for which suitable candidates were not available during the specified period. (b) display notices at the workplaces of the employees in such manner and form as may be prescribed by the appropriate Government; (c) issue wage slips to the employees, in electronic forms or otherwise; and (d) file such return electronically or otherwise to such officer or authority in such manner and during such periods as may be prescribed by the appropriate Government: Provided that matters to be provided under the rules required to be made under this section relating to Chapter III shall, instead of providing them in rules to be made by the Central Government, be provided in the Provident Fund Scheme or the Pension Scheme or the Insurance Scheme, as the case may be: Provided further that the forms of records and registers and that of the returns to be filed under Chapter IV shall be specified in the regulations instead of providing them in the rules. ### 124. Employer not to reduce wages, etc. - No employer in relation to an establishment to which this Code or any scheme framed thereunder applies shall, by reason only of his liability for the payment of any contribution under this Code, or any charges thereunder reduce whether directly or indirectly, the wages of any employee to whom the provisions of this Code or any scheme framed thereunder applies or the total quantum of benefits to which such employee is entitled under the terms of his employment, express or implied. ### 125. Assessment and determination of dues from employer. (1) The Central Government may, by notification, authorise, such officers of the Central Board or the Corporation, as the case may be, not below the rank of Group 'A' officer of that Government, to function as the Authorised Officers for the purposes of Chapter III or Chapter IV, as the case may be, who may, by order- (a) in a case where a dispute arises regarding the applicability of Chapter III or Chapter IV, as the case may be, to an establishment, decide such dispute; and (b) determine the amount due from any employer under any provision of Chapter III or Chapter IV, as the case may be, or the schemes, or rules, regulations made under such Chapter; and (c) for any of the purposes relating to clause (a) and clause (b), conduct such inquiry, as he may deem necessary for such purposes: Provided that no proceeding under this sub-section shall be initiated after the expiry of the period of five years from the date on which the dispute referred to in clause (a) is alleged to have been arisen or, as the case may be, the amount referred to in clause (b) is alleged to have been due from an employer. (2) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), the inquiry under sub-section (1), as far as practicable, shall be held on day-to-day basis and endeavour shall be made to ensure that the inquiry is concluded within a period of two years: Provided that where the inquiry is not concluded within the said period of two years, the Authorised Officer conducting such inquiry shall record the circumstances and reasons for not having concluded so and submit the circumstances and reasons so recorded to the Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or such other officer authorised by him in this behalf: Provided further that the Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, after considering the circumstances and the reasons which have been submitted by the Authorised Officer may grant an extension for a period up to one year to conclude the said inquiry: Provided also that the inquiries which are pending immediately before the date of commencement of this Code shall be concluded by the Authorised Officer within a period not exceeding two years from the date of such commencement. (3) The Authorised Officer conducting the inquiry under sub-section (1) shall, for the purposes of such inquiry have the same powers as are vested in a court under the Code of Civil Procedure, 1908 (5 of 1908), for trying a suit in respect of the following matters, namely:- (a) enforcing the attendance of any person or examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavit; and (d) issuing commissions for the examination of witnesses, and any such inquiry shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196 of the Indian Penal Code (45 of 1860). (4) No order shall be made under sub-section (1), unless the employer concerned is given a reasonable opportunity of representing his case. (5) Where the employer, employee or any other person required to attend the inquiry under sub-section (1) fails to attend such inquiry without assigning any valid reason or fails to produce any document or to file any report or return when called upon to do so by the Authorised Officer conducting the inquiry, such inquiry officer may decide the applicability of the relevant provisions of this Code or determine the amount due from any employer, as the case may be, on the basis of the evidence adduced during such inquiry and other documents available on record. (6) Where an order under sub-section (1) is passed against an employer ex parte, he may, within three months from the date of communication of such order, apply to the Authorised Officer for setting aside such order and if the Authorised Officer is satisfied that the show cause notice was not duly served or that such employer was prevented by any sufficient cause from appearing when the inquiry was held, the Authorised Officer shall make an order setting aside his earlier order and shall appoint a date for proceeding with the inquiry: Provided that no such order shall be set aside merely on the ground that there has been an irregularity in the service of the show cause notice if the Authorised Officer is satisfied that the employer had notice of the date of hearing and had sufficient time to appear before the Authorised Officer. Explanation. - Where an appeal has been preferred under this Code against an order passed ex parte and such appeal has been disposed of otherwise than on the ground that the appellant has withdrawn the appeal, no application shall lie under this sub-section for setting aside the ex parte order. (7) No order passed under this section shall be set aside on any application under sub-section (6) unless notice thereof has been served on the opposite party. ### 126. Appeal against order of Authorised Officer relating to Chapter IV. - If an employer is not satisfied with the order referred to in section 125 and relates to Chapter IV, he may prefer an appeal to the appellate authority not below the rank of the Joint Director of the Corporation as may be provided by regulations, within sixty days from the 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 the appellate authority shall decide the appeal within a period of six months from the date of preferring the appeal: Provided further 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 regulations. ### 127. Interest on amount due. - Except where expressly provided otherwise in this Code, the employer shall be liable to pay simple interest at such rate as may be notified from time to time by the Central Government, from the date on which any amount has become due under this Code till the date of its actual payment. ### 128. Power to recover damages. - Where an employer makes default in the payment of any contribution which he is liable to pay in accordance with the provisions of Chapter III or Chapter IV, as the case may be, or any scheme framed thereunder or in the transfer of accumulations under Chapter III, or in the payment of any charges payable under any other provision of this Code, the Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or such other officer as may be authorised, by notification, by the appropriate Government, may levy on, and recover from, the employer by way of damages, an amount not exceeding the amount of arrears, in such manner as may be specified in the regulations for the purposes of Chapter IV and in respect of Provident Fund Scheme, Pension Scheme and Insurance Scheme, such levy and recovery shall be in the manner as may be specified in the respective schemes framed by the Central Government: Provided that before levying and recovering such damages, the employer shall be given an opportunity of being heard: Provided further that the Central Board or the Corporation, as the case may be, may reduce or waive the damages levied under this section in relation to an establishment for which a resolution plan or repayment plan recommending such waiver has been approved by the adjudicating authority established under the Insolvency and Bankruptcy Code, 2016 (31 of 2016) subject to the terms and conditions as may be specified by notification, by the Central Government. ### 129. Recovery of amount due. (1) Any amount due from an employer or any other person in relation to an establishment including any contribution or cess payable, charges, interest, damages, or benefit or any other amount may, if the amount is in arrear, be recovered in the manner specified in this section and sections 130 to 132. (2) Where any amount is in arrear under this Code, the Authorised Officer, or the competent authority, as the case may be, shall issue to the Recovery Officer referred to in sub-section (4), a certificate electronically or otherwise, specifying the amount of arrears and the Recovery Officer, on receipt of such certificate, shall proceed to recover the amount specified therein from the establishment or, as the case may be, the employer by one or more of the modes mentioned below, namely:- (a) attachment and sale of the movable or immovable property of the establishment or, as the case may be, of the employer; (b) arrest of the employer and his detention in prison; (c) appointing a receiver for the management of the movable or immovable properties of the defaulter: Provided that the attachment and sale of any property under this section shall first be effected against the properties of the establishment and where such attachment and sale is insufficient for recovering the whole of the amount or arrears specified in the certificate, the Recovery Officer may move such proceeding against the property of the employer for recovery of the whole or any part of such arrears. (3) The Authorised Officer or the competent authority, as the case may be, may issue a certificate under sub-section (2), notwithstanding that proceeding for recovery of the arrears by any other mode has been taken. (4) The Authorised Officer or the competent authority, as the case may be, may forward the certificate issued under this section, to the Recovery Officer within whose jurisdiction the employer- (a) carries on his business or profession or within whose jurisdiction the principal place of his establishment is situate; or (b) resides or any movable or immovable property of, the establishment or, the employer is situated. (5) Where an establishment or the employer has property within the jurisdiction of more than one Recovery Officer and the Recovery Officer to whom a certificate is sent by the Authorised Officer or the competent authority, as the case may be - (a) is not able to recover the entire amount by the sale of the property, movable or immovable, within his jurisdiction, or (b) is of the opinion that, for the purpose of expediting or securing the recovery of the whole or any part of the amount, it is necessary so to do, he may send the certificate or, where only a part of the amount is to be recovered, a copy of the certificate certified by him, specifying the amount to be recovered, to the Recovery Officer within whose jurisdiction the establishment or the employer has property or the employer resides, and thereupon that Recovery Officer shall proceed to recover the amount due under this section as if the certificate or the copy thereof had been the certificate sent to him by the Authorised Officer or the competent authority, as the case may be. ### 130. Validity of certificate and amendment thereof. (1) When the Authorised Officer or the competent authority, as the case may be, issues a certificate to a Recovery Officer under section 129, it shall not be open to the employer to dispute before the Recovery Officer the correctness of the amount, and no objection to the certificate on any other ground shall be entertained by the Recovery Officer. (2) Notwithstanding the issue of a certificate to a Recovery Officer, the Authorised Officer or the competent authority, as the case may be, shall have power to withdraw the certificate or correct any clerical or arithmetical mistake in the certificate by sending intimation to the Recovery Officer. (3) The Authorised Officer or the competent authority, as the case may be, shall intimate to the Recovery Officer any orders of withdrawing or cancelling a certificate or any correction made by him in respect of the said certificate under sub-section (2). (4) Notwithstanding that a certificate has been issued to the Recovery Officer for the recovery of any amount, the Authorised Officer or the competent authority, as the case may be, may grant time to the employer for payment of the amount recoverable under the certificate and thereupon the Recovery Officer shall stay the proceedings until the expiry of the time so granted. (5) Where a certificate for the recovery of amount has been issued, the Authorised Officer or the competent authority, as the case may be, shall keep the Recovery Officer informed of any amount paid or time granted for payment, subsequent to the issue of such certificate. (6) Where the order giving rise to a demand of amount for which a certificate for recovery has been issued under section 129 has been modified in appeal or other proceeding under this Code, resulting in reduction of the demand but the order is the subject matter of further proceeding under this Code, the Authorised Officer or the competent authority, as the case may be, shall stay the recovery of such part of the amount of the certificate as pertains to the said reduction for the period for which the appeal or other proceeding remains pending. (7) Where a certificate for the recovery of amount has been issued and subsequently the amount of the outstanding demand is reduced as a result of an appeal or other proceeding under this Code, the Authorised Officer or the competent authority, as the case may be, shall, when the order being the subject matter of such appeal or other proceeding becomes final and conclusive, amend the certificate or withdraw it, as the case may be in consonance with such finality or conclusion. ### 131. Other modes of recovery. (1) Notwithstanding the issue of a certificate to the Recovery Officer under section 129, the Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or any other officer of such Social Security Organisation so authorised by it in this behalf, may, recover the amount by any one or more of the modes provided in this section. (2) If any amount is due from any person to any employer who is in arrears, the Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or any other officer of such Social Security Organisation authorised by it in this behalf, may, require such person to deduct from the said amount the arrears so due, and such person shall comply with any such requisition and shall pay the sum so deducted to the credit of the Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or any other officer of such Social Security Organisation so authorised by it in this behalf: Provided that nothing in this sub-section shall apply to any part of the amount exempt from attachment in execution of a decree of a civil court under section 60 of the Code of Civil Procedure, 1908 (5 of 1908). (3) (a) The Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or any other officer of such Social Security Organisation authorised by it in this behalf may, at any time or from time to time, by notice in writing, require any person from whom money is due or may become due to the employer or, as the case may be, the establishment or any person who holds or may subsequently hold money for or on account of the employer or, as the case may be, the establishment, to pay to the Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or any other officer authorised by it in this behalf either forthwith upon the money becoming due or being held at or within the time specified in the notice (not being before the money becomes due or is held) so much of the money as is sufficient to pay the amount due from the employer in respect of arrears or the whole of the money when it is equal to or less than that amount. (b) A notice under this sub-section may be issued to any person who holds or may subsequently hold any money for or on account of the employer jointly with any other person and for the purposes of this sub-section, the shares of the joint holders in such account shall be presumed, until the contrary is proved, to be equal. (c) A copy of the notice shall be forwarded to the employer at his last address known to the Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or any other officer of such Social Security Organisation authorised by it in this behalf and in the case of a joint account to all the joint holders at their last addresses so known. (d) Save as otherwise provided in this sub-section, every person to whom a notice is issued under this sub-section shall be bound to comply with such notice, and, in particular, where any such notice is issued to a post office, bank or an insurer, it shall not be necessary for any pass book, deposit receipt, policy or any other document to be produced for the purpose of any entry, endorsement or the like being made before payment is made notwithstanding any rule, practice or requirement to the contrary. (e) Any claim respecting any property in relation to which a notice under this sub-section has been issued arising after the date of the notice shall be void as against any demand contained in the notice. (f) Where a person to whom a notice under this sub-section is sent objects to it by statement on oath that the sum demanded or any part thereof is not due to the employer or that he does not hold any money for or on account of the employer, then, nothing contained in this sub-section shall be deemed to require such person to pay any such sum or part thereof, as the case may be, but if it is discovered that such statement was false in any material particular, such person shall be personally liable to the Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or any other officer of such Social Security Organisation authorised by it in this behalf, to the extent of his own liability to the employer on the date of the notice, or to the extent of the employer's liability for any sum due under this Code, whichever is less. (g) The Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or any other officer of such Social Security Organisation authorised by it in this behalf, may, at any time or from time to time, amend or revoke any notice issued under this sub-section or extend the time for making any payment in pursuance of such notice. (h) The Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or any other officer of such Social Security Organisation authorised by it in this behalf, shall grant a receipt for any amount paid in compliance with a notice issued under this sub-section, and the person so paying shall be fully discharged from his liability to the employer to the extent of the amount so paid. (i) Any person discharging any liability to the employer after the receipt of a notice under this sub-section shall be personally liable to the Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or any other officer of such Social Security Organisation authorised by it in this behalf, to the extent of his own liability to the employer so discharged or to the extent of the employer's liability for any sum due under this Code, whichever is less. (j) If the person to whom a notice under this sub-section is sent fails to make payment in pursuance thereof to the Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or any other officer of such Social Security Organisation authorised by it in this behalf, he shall be deemed to be an employer in default in respect of the amount specified in the notice and further proceeding may be moved against him for the realisation of the amount as if it were an arrear due from him, in the manner provided in sections 129 to 132 and the notice shall have the same effect as an attachment of amount in arrears by the Recovery Officer in exercise of his powers under section 129. (4) The Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or any other officer of such Social Security Organisation authorised by it in this behalf may apply to the court in whose custody there is money belonging to the employer for payment to him of the entire amount of such money, or if it is more than the amount due, an amount sufficient to discharge the amount due. (5) The Central Provident Fund Commissioner or the Director General of the Corporation, as the case may be, or any other officer of such Social Security Organisation authorised by it in this behalf, if so authorised by the Central Government by general or special order, recover any arrears of amount due from an employer or, as the case may be, from the establishment by distraint and sale of his or its movable property in the manner laid down in the Third Schedule to the Income-tax Act, 1961 ( 43 of 1961 ). ### 132. Application of certain provisions of Income-tax Act. - The provisions of the Second Schedule and the Third Schedule to the Income-tax Act, 1961 ( 43 of 1961 ) and the Income-tax (Certificate Proceedings) Rules, 1962, as in force from time to time, shall apply with necessary modifications as if the said provisions and the rules referred to the amount in arrears of the amount mentioned in section 129 of this Code instead of to the income-tax: Provided that any reference in the said provisions and the rules to the "assessees" shall be construed as a reference to an employer or establishment, as the case may be. Chapter XII Offences and Penalties --------------------------------------- ### 133. Penalty for failure to pay contributions, etc. - If any person,- (a) being an employer, fails to pay any contribution which he is liable to pay under this Code or rules, regulations or schemes made thereunder; or (b) deducts or attempts to deduct from the wages of an employee, the whole or any part of employer's contribution; or (c) in contravention of the provisions of this Code, reduces the wages or any privilege or benefits admissible to an employee; or (d) in contravention of the provisions of Chapter IV or Chapter VI or rules, regulations or schemes made or framed under this Code respectively, relating to such Chapters, dismisses, discharges, reduces in rank or otherwise penalises a woman employee; or (e) fails or refuses to submit any return, report, statement or any other information required under this Code or any rules, regulations or schemes made or framed thereunder; or (f) obstructs any Inspector-cum-Facilitator or other officer or staff of the Central Board or the Corporation or other Social Security Organisation or a competent authority in the discharge of his duties; or (g) fails to pay any amount of gratuity to which an employee is entitled under this Code; or (h) fails to pay any amount of compensation to which an employee is entitled under this Code; or (i) fails to provide any maternity benefit to which a woman is entitled under this Code; or (j) fails to send to a competent authority a statement which he is required to send under Chapter VII; or (k) fails to produce on demand by the Inspector-cum-Facilitator any register or document in his custody kept in pursuance of this Code or the rules, regulations or schemes made or framed thereunder; or (l) fails to pay the cess for building workers which he is liable to pay under this Code; or (m) is guilty of any contravention of or non-compliance with any of the requirements of this Code or the rules or the regulations or schemes made or framed thereunder in respect of which no special penalty is provided in this Chapter; or (n) obstructs executive officer in exercising his functions under Chapter XIII; or (o) dishonestly makes a false return, report, statement or information to be submitted thereunder; or (p) fails or makes default in complying with any condition subject to which exemption under section 143 was granted; or (q) fails to pay any administrative or inspection charges payable under any of the schemes framed under Chapter III, he shall be punishable, - (i) where he commits an offence under clause (a), with imprisonment for a term which may extend to three years, but - (a) which shall not be less than one year, in case of failure to pay the employee's contribution which has been deducted by him from the employee's wages and shall also be liable to fine of one lakh rupees; (b) which shall not be less than two months but may be extended to six months, in any other case and shall also be liable to fine of fifty thousand rupees: Provided that the court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a lesser term; (ii) where he commits an offence under clause (g), with imprisonment for a term which may extend to one year or with fine which may extend to fifty thousand rupees, or with both; (iii) where he commits an offence under any of the clauses (d), (f), (i), (k), (l) or (o), with imprisonment for a term which may extend to six months or with a fine which may extend to fifty thousand rupees, or with both; (iv) where he commits an offence under any of the clauses (b), (c), (e), (h), (j), (m), (n), (p) or (q), with fine which may extend to fifty thousand rupees. ### 134. Enhanced punishment in certain cases after previous conviction. - Whoever, having been convicted by a court of an offence punishable under this Code, commits the same offence shall, for second, or every subsequent such offence, be punishable with imprisonment for a term which may extend to two years and with fine of two lakh rupees: Provided that where such second or subsequent offence is for failure by the employer to pay any contribution, charges, cess, maternity benefit, gratuity or compensation which under this Code he is liable to pay, he shall, for such second or subsequent offence, be punishable with imprisonment for a term which may extend to three years but which shall not be less than two years and shall also be liable to fine of three lakh rupees. ### 135. Offences by companies. (1) Where an offence under this Chapter has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence 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, secretary or other officer of the company, such director, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. - For the purposes of this section,- (a) "company" means any body corporate, and includes a firm or other association of individuals; and (b) "Director", in relation to a firm, means a partner in the firm. ### 136. Cognizance of offences. (1) No court shall take cognizance of an offence punishable under this Code, except on a complaint made by an aggrieved person or such officer as may be notified by the Central Government for the purposes of offences relating to Chapter III and Chapter IV and the rules, regulations or schemes made or framed under this Code relating to those Chapters, and for the purposes of offences relating to other provisions of this Code and the rules, regulations or schemes made or framed thereunder, by the officer notified by the appropriate Government. (2) Notwithstanding anything contained in sub-section (1), no prosecution under this Code shall be instituted, except by or with the previous sanction of the authority notified by the Central Government for the purposes of offences relating to Chapter III and Chapter IV and the rules, regulations or schemes made or framed under this Code relating to those Chapters; and for the purposes of offences relating to other provisions of this Code and the rules, regulations or schemes made or framed thereunder, the authority notified by the appropriate Government. (3) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Chapter. (4) Notwithstanding anything contained in sub-section (1), a single complaint may be filed under that sub-section by more than one aggrieved persons if they are aggrieved by the same or similar offence committed at a place or different places within the jurisdiction of the court. ### 137. Prior opportunity before prosecution. - Notwithstanding anything contained in this Chapter, the Inspector-cum-Facilitator or any other officer notified for the purposes of offences relating to Chapter III and Chapter IV and the rules, regulations or schemes made or framed under this Code relating to those Chapters, by the Central Government; and for the purposes of offences relating to other provisions of this Code and the rules, regulations or schemes made or framed under this Code relating thereto, by the appropriate Government, shall, before initiation of prosecution proceeding against an employer for any offence under this Chapter, give an opportunity to the employer to comply with the aforesaid relevant provisions by way of a written direction, which shall lay down a time period for such compliance, and, if the employer complies with the direction within such period, then, no such proceeding shall be initiated against the employer; but no such opportunity shall be accorded to an employer, if the violation of the same nature of such provisions is repeated within a period of three years from the date on which such first violation was committed and in such case the prosecution shall be initiated in accordance with the provisions of this Chapter. ### 138. Compounding of offences. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any offence committed for the first time, punishable under this Chapter, being an offence - (i) punishable with fine only; or (ii) punishable with imprisonment for a term which is not more than one year and also with fine, may, on an application made, either before or after the institution of any prosecution, be compounded by an officer authorised by the Central Government for the purposes of offences relating to Chapter III and Chapter IV and the rules, regulations or schemes made or framed under this Code relating to those Chapters, by the Central Government; and for the purposes of offences relating to other provisions of this Code and the rules, regulations or schemes made or framed under this Code relating thereto, by the appropriate Government, in such manner as may be prescribed by the Central Government on payment by the offender to the appropriate Government the amount- (i) in the case of an offence punishable with fine only, the half of the maximum fine provided for that offence; and (ii) in the case of an offence punishable with imprisonment for a term which is not more than one year and also with fine, the three-fourth of the maximum fine provided for that offence. (2) Nothing contained in sub-section (1) shall apply to an offence committed by a person for the second time or thereafter within a period of three years from the date- (i) of commission of a similar offence which was earlier compounded; or (ii) of commission of similar offence for which such person was earlier convicted. (3) Every officer referred to in sub-section (1) shall exercise the powers to compound an offence, subject to the direction, control and supervision of the Central Government for the purposes of offences relating to Chapter III and Chapter IV and the rules, regulations or schemes made or framed under this Code relating to those Chapters; and for the purposes of offences relating to other provisions of this Code and the rules, regulations or schemes made or framed under this Code relating thereto, by the appropriate Government. (4) Every application for the compounding of an offence shall be made in such form and in such manner as may be prescribed by the appropriate Government. (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 relation to whom the offence is so compounded. (6) Where the compounding of any offence is made after the institution of any prosecution, such compounding shall be brought to the notice of the court in which the prosecution is pending in writing by the officer referred to in sub-section (1), and on such notice of the compounding of the offence being given to the court, the person against whom the offence is so compounded shall be discharged. (7) Any person who fails to comply with the order made by the officer referred to in sub-section (1), shall be liable to pay a sum equivalent to twenty per cent. of the maximum fine provided for the offence, in addition to such fine. Chapter XIII Employment Information and Monitoring ------------------------------------------------------- ### 139. Reporting of vacancies to career centres. (1) The appropriate Government may, by notification, require that from such date as may be specified in the notification, the employer in every establishment or any class or category of establishments, before filling up any vacancy in any employment in that establishment or such class or category of establishments, as the case may be, shall report or cause to be reported, that vacancy to such career centre as may be specified in the notification, and the employer shall thereupon comply with such requisition. (2) For the purposes of sub-section (1), the appropriate Government may prescribe the following, namely:- (i) the manner in which the vacancies, referred to in sub-section (1), shall be reported to the career centres electronically or otherwise; (ii) the form in which such vacancies shall be reported to the career centres; and (iii) the manner and form of filing the return by the employer, to the concerned career centre. (3) Nothing in sub-sections (1) and (2) shall be deemed to impose any obligation upon any employer to recruit any person through the career centre to fill any vacancy merely because such vacancy has been reported. (4) The executive officer shall have access to any record or document in the possession of any employer required to furnish any information or returns for the purposes of this Chapter and may enter, at any reasonable time, any premises where he believes such record or document to be and inspect or take copies of such records or documents or ask any question necessary for obtaining any information required. ### 140. Exclusions from application of this Chapter. (1) The provisions of section 139 shall not apply in relation to vacancies, - (a) in any employment in agriculture (including horticulture) in any establishment in private sector other than employment in plantation; or (b) in any employment in domestic service; or (c) in any employment connected with the staff of Parliament or any State Legislature; or (d) in any employment the total duration of which is less than ninety days; or (e) in any class or category of establishments as may be notified by the Central Government; or (f) in any establishment (other than Government establishment) with less than twenty or such number of employees as may be notified by the Central Government; and (g) in any other employment as may be notified by the Central Government. (2) Unless the Central Government, by notification direct, the provisions of this Chapter shall not apply in relation to - (a) vacancies which are proposed to be filled through promotion or by absorption of surplus staff of any branch or department of the same establishment or through independent recruitment agencies such as Union Public Service Commission, Staff Selection Commission or a State Public Service Commission or any other agencies as may be notified by the Central Government; or (b) vacancies in an employment which carries a monthly remuneration of less than an amount notified by the appropriate Government. Chapter XIV Miscellaneous ------------------------------ ### 141. Social Security Fund. (1) There shall be established by the Central Government a Social Security Fund for social security and welfare of the unorganised workers, gig workers and platform workers and the sources of the fund shall comprise of funding received- (i) under sub-section (3) of section 109; (ii) under sub-section (3) of section 114; (iii) from the composition of the offences under this Code relating to Central Government and from any other Social Security Fund established under any other central labour law. (2) A separate account shall be established and maintained for the funding mentioned under each of the clauses (i), (ii) and (iii). (3) Social Security Fund referred to in sub-section (1) shall be expended for the purposes for which each separate account has been established and maintained under sub-section (2). (4) The Social Security Fund shall be established and administered in the manner prescribed by the Central Government. (5) There shall be established by the State Government a Social Security Fund for the welfare of the unorganised workers in which there shall be credited the amount received from- (i) the composition of offences under this Code relating to the State Government; and (ii) such other sources as may be prescribed by the State Government, and the fund shall be administered and expended for the welfare of the unorganised workers in such manner as may be prescribed by the State Government. ### 142. Application of Aadhaar. (1) An employee or unorganised worker or any other person, as the case may be, for - (a) registration as member or beneficiary; or (b) seeking benefit whether in kind, cash or medical sickness benefit or pension, gratuity or maternity benefit or any other benefit or for withdrawal of fund; or (c) availing services of career centre; or (d) receiving any payment or medical attendance as Insured Person himself or for his dependants, under this Code or rules, regulations or schemes made or framed thereunder, shall establish his identity or, as the case may be, the identity of his family members or dependants through Aadhaar number and for such purpose the expression "Aadhaar" shall have the meaning as defined in clause (a) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 ( 18 of 2016 ): Provided that any foreigner employee shall obtain and submit Aadhaar number for establishing his identity, as soon as possible, on becoming resident within the meaning of clause (v) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 ( 18 of 2016 ). (2) For the purposes of sub-section (1), the Aadhaar number issued to an individual shall be in accordance with the provisions of section 3 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 ( 18 of 2016 ). ### 143. Power to exempt establishment. (1) Notwithstanding anything contained in this Code, the appropriate Government may, by notification, and subject to the conditions which may include the eligibility conditions to be fulfilled prior to grant of exemption and the conditions to be complied with after exemption, as may be prescribed by the Central Government in this behalf, grant exemption to an establishment or class of establishments (including factory or other establishments under the control of Central Government or State Government or local bodies) or employees or class of employees, from any or all of the provisions of this Code or the scheme framed thereunder as may be specified in the notification and may renew for further period such exemption by like notification: Provided that no such exemption,- (i) in respect of Provident Fund Scheme, Pension Scheme and Insurance Scheme, without prior consultation with the Central Board; and (ii) in respect of Chapter IV, without prior consultation with the Corporation, shall be granted or renewed and the Central Board or the Corporation, as the case may be, shall on such consultation forward its view to the appropriate Government within such time as may be prescribed by that Government. (2) The appropriate Government may, in the notification referred to in sub-section (1), specify therein conditions as may be prescribed by that Government, which the exempted establishment or the class of establishments or an employee or class of employees, as the case may be, shall comply with after such exemption: Provided that for the purpose of grant of exemption in respect of Provident Fund Scheme, Pension Scheme and Insurance Scheme, the terms and conditions of exemption shall be specified in such respective schemes. (3) The exemption granted under sub-section (1) to an establishment or class of establishments or an employee or class of employees, as the case may be, shall be initially for a period of three years from the date of publication of such notification and may be extended by the appropriate Government to the extent of such period as may be prescribed by the Central Government: Provided that for the purpose of grant of exemption in respect of Provident Fund Scheme, Pension Scheme and Insurance Scheme, exemption may be extended for such period as may be specified in such respective schemes. (4) The exemption granted under sub-section (1) shall only be granted if the employees in the establishment or class of establishments or an employee or the class of employees so exempted are otherwise in receipt of benefits substantially similar or superior to the benefits provided in the provisions of the Code or the scheme framed thereunder. (5) For the purposes of administering the fund, managing the investments, maintaining accounts of the contributions, withdrawals, credit of interest in respect of each employee of the fund created, and any other matter specified in the scheme for any exempted establishment or class of establishments, or employees or class of employees, a board of trustees shall be constituted by the employer which will be a legal entity which can sue and can be sued and the conditions for management of the trust shall be prescribed by the appropriate Government as part of the conditions for exemption: Provided that conditions for administering the fund, managing the investments, maintaining accounts of the contributions, withdrawals, credit of interest in respect of each employee of the fund created, in respect of exemption from Provident Fund Scheme, Pension Scheme and Insurance Scheme shall be specified in such respective schemes. (6) Where an exemption is granted under this section from operation of any or all the provisions of the Code or any of the scheme under Chapter III, to any establishment, class of establishments, employee or class of employees, the employer in relation to such establishment shall furnish such returns electronically in respect of persons employed, accounts maintained in respect of employees, investments made from the fund, provide facilities for inspection and pay such inspection charges as the Central Government may direct. (7) If employer in relation to any establishment or class of establishments or employee or class of employees in respect of whom the exemption has been granted under sub-section (1), fails to comply with any of the conditions specified under this section, then, the appropriate Government may on such failure, cancel the exemption so granted. (8) Where any exemption granted under sub-section (1) is cancelled, the entire amount of surplus and reserves, if any, and accumulations to the credit of every employee, to whom such exemption applied, in the exempted fund of the establishment in which he is employed, shall be transferred to the respective statutory fund created under this Code within such time and manner as specified in the conditions for grant of exemption: Provided that in respect of any cancellation of exemption from the Provident Fund Scheme, Pension Scheme and Insurance Scheme, the time limit, form and manner of transfer of accumulations of exempted employees from the exempted funds to such respective funds shall be specified in such respective schemes. (9) Notwithstanding anything contained in this section, the employer of an establishment exempted under sub-section (1), after the resolution of the board of trustees of the establishment to that effect may make an application to the appropriate Government for surrender of the exemption granted under that sub-section from the date specified in the application and the appropriate Government may on receipt of that application, allow the employer to remit the contribution in the statutory funds under this Code from the date specified in the application and process the application for cancellation of exemption and on such cancellation, the employer and the board of trustees shall transfer accumulation of each employee and surplus and reserves from the fund referred to in sub-section (5), to the concerned statutory funds under this Code within such time and in such manner as may be notified by the appropriate Government: Provided that in respect of any surrender of exemption from the Provident Fund Scheme, the Pension Scheme and the Insurance Scheme, the time limit, form and manner of transfer of accumulation of exempted employees and surplus and reserves from the fund referred to in sub-section (5) , to the concerned statutory funds under this Code shall be such as may be specified in the concerned schemes framed under Chapter III. ### 144. Power to defer or reduce. - Notwithstanding anything contained in Chapter III or Chapter IV, the Central Government may by order, defer or reduce employer's contribution, or employee's contribution, or both, payable under Chapter III or Chapter IV, as the case may be, for a period up to three months at a time, in respect of establishment to which Chapter III or Chapter IV, as the case may be, applies, for whole of India or part thereof in the event of pandemic, endemic or national disaster. ### 145. Liability in case of transfer of establishment. - Where an employer transfers his establishment in whole or in part, by sale, gift, lease or licence or in any other manner whatsoever, the employer and the person to whom the establishment is so transferred shall jointly and severally be liable to pay the amount due in respect of any liabilities, cess or any other amount payable under this Code in respect of the periods up to the date of such transfer: Provided that the liability of the transferee shall be limited to the value of the assets obtained by him by such transfer. ### 146. Members, officers and staff to be public servants. - Every member of a Social Security Organisation and the officers and staff thereof, any Inspector-cum-Facilitator, competent authority, Authorised Officer, Recovery Officer and any other person discharging any function under this Code, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). ### 147. Protection of action taken in good faith. - No suit, prosecution or other legal proceeding shall lie against- (i) the Central Government; (ii) a State Government; (iii) a Social Security Organisation; (iv) a competent authority; (v) any officer or staff of a Social Security Organisation; or (vi) any other person or authority, discharging the functions or exercising the powers under this Code, for anything which is in good faith done or intended to be done in pursuance of this Code or of any rules, regulations or schemes made or framed thereunder. ### 148. Misuse of benefits. - If the appropriate Government is satisfied in the manner prescribed by it that any establishment or any other person has misused any benefit provided to him under this Code or rules, regulations or schemes made or framed thereunder, then, such Government may, by notification, deprive such establishment or other person, as the case may be, from such benefit for such time as may be specified in the notification: Provided that no such order shall be passed unless an opportunity of being heard is given to such establishment or other person, as the case may be: Provided further that the manner to ascertain misuse of any benefit under this section relating to Chapter III, shall be specified in the Provident Fund Scheme or the Pension Scheme or the Insurance Scheme, as the case may be. ### 149. Power of Central Government to give directions to State Government and Social Security Organisations. - The Central Government may give directions to- (i) any State Government or a State Board constituted under section 12 to execute in that State, of any of the provisions of this Code; or (ii) any of the Social Security Organisations in respect of the matters relating to the implementation of the provisions of this Code. ### 150. Power to frame schemes. - The appropriate Government may, subject to the condition of previous publication, frame schemes not inconsistent with this Code, for the purposes of giving effect to the provisions thereof. ### 151. Protection against attachment, etc. (1) Notwithstanding anything contained in any other law for the time being in force, the amount standing to be credited in favour of the employee under Chapters III, IV, V, VI or VII of any member of any fund under this Code, or of any exempted employee in a provident fund maintained by his employer, shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any Court in respect of any debt or liability incurred by such employee or member or the exempted employee, as the case may be. (2) Any amount standing to the credit of a member in the fund or of an exempted employee in a provident fund maintained by his employer at the time of the death of such member or the exempted employee, as the case may be, and payable to his nominee or in case of failure of nomination, to his family under the scheme or the rules of the fund shall, subject to any deduction authorised by the said scheme or rules, as the case may be, vest in the nominee or such family and shall be free from any debt or other liability incurred by the deceased or the nominee before his death and shall also not be liable to attachment under any decree or order of any court. (3) Notwithstanding anything contained in any other law for the time being in force, any amount due under the Chapters referred to in sub-section (1) shall be the charge on the assets of the establishment to which it relates and shall be paid in priority in accordance with the provisions of the Insolvency and Bankruptcy Code, 2016 (31 of 2016). ### 152. Power to amend Schedule. (1) If the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification amend the First Schedule, Fourth Schedule, Fifth Schedule, Sixth Schedule and Seventh Schedule by way of addition or deletion therein and upon such addition or deletion, the Schedules shall stand to have been amended accordingly. (2) If the appropriate Government is satisfied that it is necessary or expedient so to do, it may, by notification amend the Second Schedule and Third Schedule by way of addition therein and not otherwise, and upon such addition, the Schedules shall stand to have been amended accordingly. ### 153. Transitional provisions. - Notwithstanding anything contained in this Code, the following organisations constituted or established under the enactments repealed under section 164, namely:- (i) the Central Board constituted under section 5A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 ( 19 of 1952 ); (ii) Executive Committee constituted under section 5AA of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 ( 19 of 1952 ); (iii) the Corporation established under section 3 of the Employees' State Insurance Act, 1948 ( 34 of 1948 ); (iv) the Medical Benefit Council constituted under section 10 of the Employees' State Insurance Act, 1948 ( 34 of 1948 ); (v) the Standing Committee of the Corporation constituted under section 8 of the Employees' State Insurance Act, 1948 ( 34 of 1948 ); and (vi) the Board constituted under sub-section (1) of section 18 of the Building and Other Construction Workers (Regulation of Employment and Condition of Service) Act, 1996 ( 27 of 1996 ), shall, after the commencement of this Code, continue to exercise the powers and discharge the functions of the corresponding organisations under this Code, respectively, the Central Board of Trustees for Employees Provident Fund constituted under section 4, the Executive Committee constituted under sub-section (3) of section 4, the Employees State Insurance Corporation, constituted under section 5, the Medical Benefit Committee constituted under sub-section (5) of section 5, the Standing Committee constituted under sub-section (3) of section 5, Building Workers' Welfare Board constituted under sub-section (1) of section 7, as if such organisations constituted or, as the case may be, established under such repealed enactments, had been constituted under the respective provisions of this Code, till such corresponding organisations are constituted under this Code or till their respective time period under the repealed enactments expire, whichever is earlier. ### 154. Power of appropriate Government to make rules. (1) The appropriate Government may, by notification, and subject to the condition of previous publication, make rules not inconsistent with this Code for the purpose of giving effect to the provisions thereof. (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 amount in connection with premium for Group Insurance Scheme of the beneficiaries under clause (c), the educational schemes for the benefit of children of the beneficiaries under clause (d) and the medical expenses for treatment of major ailments of a beneficiary or, such dependant under clause (e) of sub-section (6) of section 7; (b) manner and time within which second appeal may be filed to the Employees' Insurance Court by the Insured Person or the Corporation under clause (b) of sub-section (7) of section 37; (c) the manner of commencement of proceedings before the Employees' Insurance Court, fees and procedure thereof under sub-section (1) of section 51; (d) bank or other financial institution in which the gratuity shall be invested for the benefit of minor under the third proviso to sub-section (1) of section 53; (e) the time, form and manner of nomination by an employee under sub-section (1), the time to make fresh nomination under sub-section (4), the form and manner of modification of a nomination under sub-section (5) and the form for fresh nomination under sub-section (6) of section 55; (f) time within which and the form in which a written application shall be made under sub-section (1) and the form of application to the competent authority under clause (b) of sub-section (5) of section 56; (g) the manner of registration of an establishment by the employer under sub-section (3) and the manner of composition of the Board of Trustees of the approved gratuity fund and the manner in which the competent authority may recover the amount of the gratuity payable to an employee from the insurer under sub-section (4) of section 57; (h) the qualifications and experience of the officer appointed as the competent authority under sub-section (1) of section 58; (i) authority to whom an appeal may be preferred under sub-section (3) of section 72; (j) class of employers and the form of notice-book under sub-section (4) of section 82; (k) the manner of recording the memorandum in a register by the competent authority under sub-section (1) of section 89; (l) such other experience and qualifications for appointment as a competent authority under sub-section (1) of section 91; (m) time limit to pay the amount of cess under section 101; (n) fees for appeal under sub-section (2) of section 105; (o) conditions to acquire, hold, sell or otherwise transfer any movable or immovable property under sub-section (1), conditions to invest moneys, re-invest or realise investments under sub-section (2) terms to raise loans and take measures for discharging such loans under sub-section (3) and terms to constitute for the benefit of officers and staff or any class of them, provident or other benefit funds under sub-section (4) of section 120; (p) conditions and manner of writing off irrecoverable dues under section 121; (q) other powers of Inspector-cum-Facilitator under clause (e) of sub-section (6) of section 122; (r) form and manner for maintenance of records and registers and other particulars and details under clause (a), manner and form for display of notices at the work places of the employees under clause (b) and the manner and period of filing returns to the officers or authority under clause (d) of section 123; (s) the form and manner of application for compounding of an offence under sub-section (4) of section 138; (t) the manner and form for reporting vacancies and form for filing the return by the employer, to the concerned career centre under sub-section (2) of section 139; (u) the time within which the Central Board or the Corporation, as the case may be, shall forward its view to the appropriate Government under sub-section (1), conditions which the exempted establishment or the class of establishments or an employee or class of employees, as the case may be, shall comply with after such exemption under sub-section (2) and conditions for management of the trust under sub-section (5) of section 143; (v) manner of determining the misuse of any benefit by an establishment or by any other person under section 148; and (w) any other matter which is required to be, or may be, prescribed by the appropriate Government under the provisions of this Code. ### 155. Power of Central Government to make rules. (1) The Central Government may, by notification, and subject to the condition of previous publication, make rules not inconsistent with this Code, for the purpose of giving effect to the provisions thereof. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the manner, and the conditions subject to which, the provisions of Chapter III shall be made inapplicable to an establishment by the Central Provident Fund Commissioner, under sub-section (5) and the manner, and the conditions subject to which the provisions of that Chapter IV shall be made inapplicable to an establishment by the Director General of the Corporation under sub-section (7) of section 1; (b) manner of establishment and maintenance of career centre and the career services under clause (9), the income of dependant parents (including father-in-law and mother-in-law of a woman employee), under sub-clause (e) of clause (33) and other authority who shall be deemed to be the occupier under sub-clause (c) and the matters which are directly related to the condition of ship, for which the owner of ship shall be deemed to be the occupier under the proviso to the said sub-clause (c) of clause (52), of section 2; (c) the time and manner of registration of establishment, the manner of making application for cancellation of the registration, the conditions subject to which the registration shall be cancelled and the procedure of cancellation and other matters relating thereto in respect of an establishment to which Chapter III or Chapter IV applies, and whose business activities are in the process of closure, under section 3; (d) the manner of administration of the funds vested in the Central Board under sub-section (1), the manner to assist the Central Board in performance of its functions by Executive Committee under sub-section (3), the terms and conditions, including tenure of office of members of the Central Board and Executive Committee under sub-section (6) and the other functions and the manner of performing such functions under sub-section (7), of section 4; (e) the manner of administration of the Corporation and the manner of representation of States under clause (d) of sub-section (1), the manner of constitution of Standing Committee under sub-section (3), the manner of administration of the affairs of the Corporation, exercise of powers and performance of functions by the Standing Committee under clause (a) of sub-section (4), the duties and powers of Medical Benefit Committee under clause (b) of sub-section (5) and the terms and conditions, including tenure of office, subject to which a member of the Corporation and Standing Committee shall discharge their respective duties under sub-section (7) of section 5; (f) the manner of exercising the powers and performance of the functions by the National Social Security Board under sub-section (1), the manner of nomination of members, their term of office and other conditions of service, procedure to be followed in the discharge of their functions and manner of filling vacancies under sub-section (4) and time, place and rules of procedure relating to the transaction of business under sub-section (6) of section 6; (g) other welfare measures and facilities under clause (j) of sub-section (6) of section 7; (h) the intervals at which Social Security Organisation or any Committee thereof shall meet and the procedure in regard to the transaction of business at meetings under sub-section (1), and the fee and allowances of members of such Social Security Organisation or Committee under sub-section (4) of section 9; (i) manner of reconstitution of the Corporation or the Central Board or the National Social Security Board or the State Unorganised Workers' Board or the Building Workers' Welfare Board or any of the Committees under sub-section (1) and the alternate arrangements for the purpose of administration of the relevant provisions of this Code under sub-section (2) of section 11; (j) the manner of maintenance of a provident fund account in relation to the establishment under sub-section (1) of section 21; (k) the form, manner, time limits and fees for filing of appeal under sub-section (2) of section 23; (l) salary and allowances of the Director General or the Financial Commissioner under sub-section (3), their powers and duties under sub-section (4) and maximum monthly salary limit under the proviso to sub-section (7) of section 24; (m) the manner of investment of Employees' State Insurance Fund or any other money which is held by Corporation under sub-section (4) of section 25; (n) limits for defraying of expenditure under clause (k) of section 26; (o) conditions to acquire, hold, sell or otherwise transfer any movable or immovable property under sub-section (1), conditions to invest moneys by the Corporation under sub-section (2) and the terms to raise loans and taking measures for discharging such loans under sub-section (3) of section 27; (p) manner of insurance of employees under sub-section (1) of section 28; (q) the rate of contributions under sub-section (2) of section 29; (r) the type of administrative expenses and percentage of income which may be spent on expenses and the limits for such expenses under section 30; (s) the limit for the amount of payment under the proviso to clause (f) of sub-section (1), and the qualifications to claim benefits, conditions, rate and period thereof under sub-section (3) of section 32; (t) the limits within which the Corporation may incur expenditure from the Employees' State Insurance Fund under section 33; (u) the manner and time within which the Insured person or the Corporation may file appeal under clause (a) of sub-section (7) of section 37; (v) the rates, periods and conditions for payment of dependants' benefit under sub-section (1) and to other dependants under sub-section (2), of section 38; (w) the qualification of an Insured Person and his family to claim medical benefit and the conditions subject to which such benefit may be given and the scale and period thereof, under sub-section (3) of section 39, and the payment of contribution and other conditions under the third proviso thereof; (x) the structure, functions, powers and activities of the organisation for providing certain benefits to employees in case of sickness, maternity and employment injury, under sub-section (6) of section 40; (y) extended period for insurance, the manner of satisfaction and the manner of calculation of capitalised value of benefit payable to the employee under sub-section (1) of section 42; (z) terms and conditions subject to which the scheme may be operated under section 44; (za) the manner of obtaining an insurance by every employer, other than an employer or an establishment belonging to, or under the control of, the Central Government or a State Government under sub-section (1) and conditions to exempt and manner of establishing an approved gratuity fund under sub-section (2) and the time limit to get establishment registered by the employer under sub-section (3), of section 57; (zb) the form of notice under sub-section (1) and the proof of pregnancy and proof of delivery under sub-section (5) of section 62; (zc) the proof of miscarriage or medical termination of pregnancy under sub-section (1), the proof of tubectomy operation under sub-section (2) and the proof of illness under sub-section (3) of section 65; (zd) the duration of breaks under section 66; (ze) the number of employees and distance for crèche facility under sub-section (1) of section 67; (zf) gross misconduct under the second proviso to sub-section (1) of section 68; (zg) rate of interest to be paid by the employer under clause (a) of sub-section (3) of section 77; (zh) the manner of notice under sub-section (1) and the manner of transmitting money under sub-section (3), of section 92; (zi) the form, manner and fee for application for claim or settlement under sub-section (3) of section 93; (zj) the manner and time of collection of cess under sub-section (2), manner of deposit of the cess so collected under sub-section (3), and the uniform rate or rates of advance cess under sub-section (4) of section 100; (zk) the rate of interest in case of delayed payment of cess under section 101; (zl) the manner of self-assessment of cess under sub-section (1) of section 103; (zm) the authority to inquire and impose penalty under section 104; (zn) time limit to prefer appeal, appellate authority, form and manner of appeal under sub-section (1) of section 105; (zo) manner of registration as beneficiary under section 106; (zp) benefits of a beneficiary under sub-section (2) of section 107; (zq) eligible age for registration under clause (a) and form and manner of information under clause (b), of sub-section (1) and the form of application, documents for registration and manner of self registration under sub-section (2), of section 113; (zr) carrying out the matters specified in clause (i) of sub-section (7) of section 114; (zs) manner of compounding of offences under sub-section (1) of section 138; (zt) the manner of establishment and administration of the Social Security Fund under sub-section (4) of section 141; (zu) eligibility conditions to be fulfilled prior to grant of exemption and the conditions to be complied with after exemption under sub-section (1); and extension period of exemption under sub-section (3) of section 143; and (zv) any other matter which is required to be, or may be, prescribed by the Central Government under the provisions of this Code. ### 156. Power of State Government to make rules. (1) The State Government may, by notification, and subject to the condition of previous publication, make rules not inconsistent with this Code, for the purpose of giving effect to the provisions thereof. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the manner of exercising the powers and performance of functions by State Unorganised Workers' Board under sub-section (9), the manner of nomination of members of the Board, their term of office and other conditions of service, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among the members of, the Board under sub-section (12), and the time, place and rules of procedure relating to the transaction of business at its meetings under sub-section (14) of section 6; (b) the terms and conditions of appointment and the salaries and other allowances payable to the chairperson and the other members of the Building Workers' Welfare Board and the manner of filling of casual vacancies of such members, under sub-section (4), the terms and conditions of appointment and the salary and allowances payable to the Secretary and the other officers and employees of the said Board under clause (c) of sub-section (5) of section 7; (c) procedure to be followed by the Employees' Insurance Court under sub-section (2) and the rules under sub-section (3) of section 50; (d) the amount to be deposited towards the expenditure of the funeral of the employee with the competent authority by the employer under sub-section (7) of section 76; (e) conditions when application for review is made without certificate of a medical practitioner under sub-section (1) of section 79; (f) the frequent interval for medical examination under the proviso to sub-section (1) of section 84; (g) the form of statement to be submitted by the employer under sub-section (1) of section 88; (h) the manner in which matters may be dealt with by or before a competent authority under sub-section (1) of section 92; (i) time-limit for disposal of application and costs incidental to the proceedings under sub-section (4) of section 93; (j) the manner of authentication of memorandum under section 97; (k) such other sources of funding and the manner of administering and expending of the fund under sub-section (5) of section 141; and (l) any other matter which is required to be, or may be, prescribed by the State Government under the provisions of this Code. ### 157. Power of Corporation to make regulations. (1) The Corporation may, by notification, and subject to the condition of previous publication, make regulations, not inconsistent with this Code and the rules and schemes made or framed thereunder, for the administration of the affairs of the Corporation and for carrying into effect the provisions of Chapter IV and the provisions of this Code relating to that Chapter. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:- (a) the cases and matters to be submitted for the decision of the Corporation under clause (b) of sub-section (4) and the composition of committees under sub-section (6) of section 5; (b) the areas in respect of which the Corporation may appoint Regional Boards and local committees and the manner in which such Boards and committees shall perform the functions and exercise the powers under sub-section (2) of section 12; (c) such other functions of the Director General and the Financial Commissioner under sub-section (4), the method of recruitment, salary and allowances, discipline and other conditions of service of the officers and employees under clause (a) of sub-section (8) and minimum qualifying service for promotion to next higher grade under the second proviso to sub-section (9) of section 24; (d) the unit in respect of which all contribution shall be payable under sub-section (3), and the days on which the contributions shall fall due under sub-section (4) of section 29; (e) maintenance of register of employees by or through the contractor under sub-section (7), and any matter relating or incidental to the payment and collection of contribution under sub-section (9) of section 31; (f) qualifications and experience of other person to certify sickness under clause (a), authority to certify eligibility of a woman under clause (b), authority to certify eligibility for payment under clause (c) of sub-section (1), the conditions for extension of medical benefits under sub-section (2) and any matter relating or incidental to the accrual and payment of benefits under sub-section (4) of section 32; (g) continuous period in which the employee contracts occupational disease under sub-section (1) of section 36; (h) constitution of medical board under sub-section (1) and constitution of medical appeal tribunal under sub-section (5) of section 37; (i) the period and the nature of medical benefit which may be allowed to a person under the first proviso, conditions for voluntary retirement scheme under the second proviso, payment of contribution and other conditions for eligibility to receive medical benefits under the second proviso and the conditions for grant of medical benefits to the Insured Person during employment injury under the fourth proviso, to sub-section (3), the time for which students of medical education institutions shall serve the Corporation and the manner in which the bond shall be furnished under clause (b) of sub-section (4) and manner of carrying out occupational and epidemiological surveys and studies for assessment of health and working conditions of Insured Persons under sub-section (6) of section 39; (j) other authority for providing permission to leave the area in which medical treatment provided under clause (c) of sub-section (3), form of nomination under sub-section (6) and the authority to determine benefits under sub-section (9) of section 41; (k) user charges to be paid by other beneficiaries for medical facilities under clause (c) of the Explanation to section 44; (l) time within which the claims, recovery or contribution, from employer by the Corporation and recovery of contribution by the employer from the Contractor, shall be made under the second proviso to sub-section (1) of section 51; (m) the forms of records and registers and of returns to be filed under the second proviso to clause (d) of section 123; (n) the appellate authority not below the rank of the Joint Director of the Corporation before whom appeal shall be preferred and the interest to be refunded to the employer by the Corporation under section 126; (o) manner of levy and recovery of damages from the employer who makes default in the payment of any contribution which he is liable to pay under section 128; (p) the circumstances in which and the condition subject to which any regulation may be relaxed, the extent of such relaxation, and the authority by whom such relaxation may be granted; and (q) any matter in respect of which regulations are required or permitted to be made by this Code. ### 158. Prior publication of rules, regulations, etc. - The power to make rules, regulations and schemes under this Code (except the schemes to be framed under Chapter III), shall be subject to the condition of the previous publication of the same being made, in the following manner, namely:- (a) the date to be specified after a draft of such rules, regulations and schemes under consideration, shall not be less than forty-five days from the date on which the draft of the proposed rules, regulations and schemes is published for general information in the Official Gazette; (b) such rules, regulations and schemes shall finally be published in the Official Gazette and, on such publication, shall have effect as if enacted in this Code: Provided that the Central Government may, in the circumstances of epidemic, pandemic or disaster, dispense with the condition of previous publication under this section. ### 159. Rules to give effect to arrangements with other countries for the transfer of money paid as compensation. (1) The Central Government may, by notification, make rules for the transfer to any foreign country of money deposited with a competent authority under Chapter VII which has been awarded to or may be due to, any person residing or about to reside in such foreign country and for the receipt, distribution and administration in any State of any money deposited under the law relating to employees' compensation in any foreign country, which has been awarded to, or may be due to any person residing or about to reside in any State: Provided that no sum deposited under Chapter VII in respect of fatal accidents shall be so transferred without the consent of the employer concerned after the competent authority receiving the sum has passed orders determining its distribution and apportionment under section 81. (2) Where money deposited with a competent authority has been so transferred in accordance with the rules made under this section, the provisions elsewhere contained in this Code regarding distribution by the competent authority of compensation deposited with him shall cease to apply in respect of any such money. ### 160. Laying of rules, regulations and schemes, etc. (1) Every rule, regulation, notification and scheme made or framed by the Central Government or the Corporation, as the case may be, under this Code shall be laid, as soon as may be after it is made or framed, 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, regulation, notification or scheme, as the case may be, or both Houses agree that the rule, regulation, notification or scheme, as the case may be, should not be made, such rule, regulation, notification or scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, regulation, notification or scheme, as the case may be. (2) Every rule and scheme made or framed, and every notification issued by, the State Government under this Code, shall be laid as soon as may be after it is made or framed, before the State Legislatures, where it consists of two Houses, or where such legislature consists of one House, before that House. ### 161. Effect of laws and agreements inconsistent with this Code. (1) The provisions of this Code shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or in the terms of any award, agreement or contract of service, whether made before or after the coming into force of this Code: Provided that where under any such award, agreement, contract of service or otherwise, a person is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this Code, the person shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he is entitled to receive benefits in respect of other matters under this Code. (2) Nothing contained in this Code shall be construed to preclude a person from entering into an agreement with his employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under this Code. ### 162. Delegation of powers. - The appropriate Government may, by notification, direct that all or any of the powers and functions which may be exercised or performed by that Government may, in relation to such matters and subject to such conditions, if any, as may be specified, be also exercisable by the Central Board, the Corporation, the National Social Security Board, the State Unorganised Workers' Board, Building Workers' Welfare Board or any officer or authority subordinate to the Central Board, the Corporation, the National Social Security Board, the State Unorganised Workers' Board, Building Workers' Welfare Board. ### 163. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of this Code, the Central Government may, by order, published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Code, as may 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 two years from the commencement of this Code. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. ### 164. Repeal and savings. (1) The following enactments are hereby repealed, namely:- ### 1. The Employee's Compensation Act, 1923 ( 8 of 1923 ); ### 2. The Employees' State Insurance Act, 1948 ( 34 of 1948 ); ### 3. The Employees' Provident Funds and Miscellaneous Provisions Act, 1952 ( 19 of 1952 ); ### 4. The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 ( 31 of 1959 ); ### 5. The Maternity Benefit Act, 1961 ( 53 of 1961 ); ### 6. The Payment of Gratuity Act, 1972 ( 39 of 1972 ); ### 7. The Cine-Workers Welfare Fund Act, 1981 ( 33 of 1981 ); ### 8. The Building and Other Construction Workers' Welfare Cess Act, 1996 ( 28 of 1996 ); ### 9. The Unorganised Workers' Social Security Act, 2008 ( 33 of 2008 ). (2) Notwithstanding such repeal,- (a) anything done or any action taken under the enactments so repealed including any rule, regulation, notification (including the notifications issued by the States), scheme, appointment, order or direction made thereunder or any benefit provided or given under any provision of such enactments, rules, regulations, notifications or schemes made thereunder for any purpose shall be deemed to have been done or taken or provided for such purpose under the corresponding provisions of this Code including any rule, regulation, notification, scheme, appointment, order or direction made thereunder and shall be in force to the extent they are not contrary to the provisions of this Code including any rule, regulation, notification, scheme, appointment, order or direction made thereunder till they are repealed under the corresponding provisions of this Code including any rule, regulation, notification, scheme, appointment, order or direction made thereunder by the appropriate Government; (b) the Employees' Provident Funds Scheme, 1952, the Employees' Deposit Linked Insurance Scheme, 1976, the Employees' Pension Scheme, 1995 and the Tribunal (Procedure) Rules, 1997 framed or made under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 ( 19 of 1952 ) and the rules, regulations and schemes made or framed under the Employees' State Insurance Act, 1948 ( 34 of 1948 ), shall remain in force, to the extent they are not inconsistent with the provisions of this Code for a period of one year from the date of commencement of this Code; (c) any exemption given under any enactments so repealed shall continue to be in force till its validity expires or it ceases to be in operation under the provisions of this Code or till any direction is made thereunder for such purpose. (3) Without prejudice to the provisions of sub-section (2), the provisions of section 6 of the General Clauses Act, 1897 ( 10 of 1897 ) shall apply to the repeal of such enactments. The First Schedule [See sections 1(4) , (8) and 152 (1)] Applicability \| \| \| \| \| --- \| --- \| --- \| \| Chapter No. \| Chapter \| Heading Applicability \| \| (1) \| (2) \| (3) \| \| III \| Employees' Provident Fund \| Every establishment in which twenty or more employees are employed. \| \| IV \| Employees' State Insurance Corporation \| Every establishment in which ten or more persons are employed other than a seasonal factory: \| \| \| \| Provided that Chapter IV shall also be applicable to an establishment, which carries on such hazardous or life threatening occupation as notified by the Central Government, in which even a single employee is employed: \| \| \| \| Provided further that an employer of a plantation, may opt the application of Chapter IV in respect of the plantation by giving willingness to the corporation, where the benefits available to the employees under that Chapter are better than what the employer is providing to them: \| \| \| \| Provided also that the contribution from the employers and employees of an establishment shall be payable under section 29 on and from the date on which any benefits under Chapter IV relating to the Employees State Insurance Corporation are provided by the Corporation to the employees of the establishment and such date shall be notified by the Central Government. \| \| V \| Gratuity \| (a) every factory, mine, oilfield, plantation, port and railway company; and \| \| \| \| (b) every shop or establishment in which ten or more employees are employed, or were employed, on any day of the preceding twelve months; and such shops or establishments as may be notified by the appropriate Government from time to time. \| \| VI \| Maternity Benefit \| (a) to every establishment being a factory, mine or plantation including any such establishment belonging to Government; and \| \| \| \| (b) to every shop or establishment in which ten or more employees are employed, or were employed, on any day of the preceding twelve months; and such other shops or establishments notified by the appropriate Government. \| \| VII \| Employee's Compensation \| Subject to the provisions of the Second Schedule, it applies to the employers and employees to whom Chapter IV does not apply. \| \| VIII \| Social Security and Cess in respect of Building and Other Construction Workers \| Every establishment which falls under the building and other construction work. \| \| IX \| Social Security for Unorganised Workers' \| Unorganised sector, unorganised workers', gig worker, platform worker. \| \| XIII \| Employment Information and Monitoring \| Career centres, vacancies, persons seeking services of career centres and employers. \| The Second Schedule [See sections 2(26) , 74(3), (5), 132 and 152(2)] List of Persons who are Employees Within the Meaning of the Third Proviso to Clause (26) of Section 2 The following persons are employees within the meaning of third proviso to clause (26) of section 2 and subject to the said proviso, any person who is- (i) employed in railways, in connection with the operation, repair or maintenance of a lift or a vehicle propelled by steam or other mechanical power or by electricity or in connection with the loading or unloading of any such vehicle; or (ii) employed, in any premises wherein or within the precincts whereof a manufacturing process as defined in clause (k) of section 2 of the Factories Act, 1948 ( 63 of 1948 ), is being carried on, or in any kind of work whatsoever incidental to or connected with any such manufacturing process or with the article made whether or not employment in any such work is within such premises or precincts, and steam, water or other mechanical power or electrical power is used; or (iii) employed for the purpose of making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport or sale any article or part of an article in any premises; or Explanation. - For the purposes of this clause, persons employed outside such premises or precincts but in any work incidental to, or connected with, the work relating to making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport or sale of any article or part of an article shall be deemed to be employed within such premises or precincts; or (iv) employed in the manufacture or handling of explosives in connection with the employer's trade or business; or (v) employed, in any mine as defined in clause (j) of section 2 of the Mines Act, 1952 ( 35 of 1952 ), in any mining operation or in any kind of work, incidental to or connected with any mining operation or with the mineral obtained, or in any kind of work whatsoever below ground; or (vi) employed as the master or as a seaman of- (a) any ship which is propelled wholly or in part by steam or other mechanical power or by electricity or which is towed or intended to be towed by a ship so propelled; or (b) any sea going ship not included in sub-clause (a) provided with sufficient area for navigation under sails alone; or (vii) employed for the purpose of- (a) loading, unloading, fuelling, constructing, repairing, demolishing, cleaning or painting any ship of which he is not the master or a member of the crew, or handling or transport within the limits of any port subject to the Ports Act, 1908 ( 15 of 1908 ), or the Major Port Trusts Act, 1963 ( 38 of 1963 ), of goods which have been discharged from or are to be loaded into any vessel; or (b) warping a ship through the lock; or (c) mooring and unmooring ships at harbour wall berths or in pier; or (d) removing or replacing dry dock caissons when vessels are entering or leaving dry docks; or (e) the docking or undocking of any vessel during an emergency; or (f) preparing splicing coir springs and check wires, painting depth marks on lock-sides, removing or replacing fenders whenever necessary, landing of gangways, maintaining life-buoys up to standard or any other maintenance work of a like nature; or (g) any work on jolly-boats for bringing a ship's line to the wharf; or (viii) employed in the construction, maintenance, repair or demolition of- (a) any building which is designed to be or is or has been more than one storey in height above the ground or twelve feet or more from the ground level to the apex of the roof; or (b) any dam or embankment which is twelve feet or more in height from its lowest to its highest point; or (c) any road, bridge, tunnel or canal; or (d) any wharf, quay, sea-wall or other marine work including any moorings of ships; or (ix) employed in setting up, maintaining, repairing or taking down any telegraph or telephone line or post or any overhead electric line or cable or post or standard or fittings and fixtures for the same; or (x) employed, in the construction, working, repair or demolition of any aerial ropeway, canal, pipeline or sewer; or (xi) employed in the service of any fire brigade; or (xii) employed upon a railway as defined in clause (31) of section 2 and sub-section (1) of section 197 of the Railways Act, 1989 ( 24 of 1989 ), either directly or through a sub-contractor, by a person fulfilling a contract with the railway administration; or (xiii) employed as an inspector, mail guard, sorter or van peon in the Railway Mail Service or as a telegraphist or as a postal or railway signaller, or employed in any occupation ordinarily involving outdoor work in the Indian Posts and Telegraphs Department; or (xiv) employed, in connection with operation for winning natural petroleum or natural gas; or (xv) employed in any occupation involving blasting operations; or (xvi) employed in the making of any excavation for which explosives have been used, or whose depth from its highest to its lowest point exceeds twelve feet; or (xvii) employed in the operation of any ferry boat capable of carrying more than ten persons; or (xviii) employed on any estate which is maintained for the purpose of growing cardamom, cinchona, coffee, rubber or tea; or (xix) employed in the generating, transforming, transmitting or distribution of electrical energy or in generation or supply of gas; or (xx) employed in a lighthouse as defined in clause (d) of section 2 of the Indian Lighthouse Act, 1927 ( 17 of 1927 ); or (xxi) employed in producing cinematograph pictures intended for public exhibition or in exhibiting such pictures; or (xxii) employed in the training, keeping or working of elephants or wild animals; or (xxiii) employed in the tapping of palm-trees or the felling or logging of trees, or the transport of timber by inland waters, or the control or extinguishing of forests fires; or (xxiv) employed in operations for the catching or hunting of elephants or other wild animals; or (xxv) employed as a diver; or (xxvi) employed in the handling or transport of goods in, or within the precincts of,- (a) any warehouse or other place in which goods are stored; or (b) any market; or (xxvii) employed in any occupation involving the handling and manipulation of radium or X-rays apparatus, or contact with radioactive substances; or (xxviii) employed in or in connection with the construction, erection, dismantling, operation or maintenance of an aircraft as defined in section 2 of the Indian Aircraft Act, 1934 ( 22 of 1934 ); or (xxix) employed in horticultural operations, forestry, bee-keeping or farming by tractors or other contrivances driven by steam or other mechanical power or by electricity; or (xxx) employed in the construction, working, repair or maintenance of a tube-well; or (xxxi) employed in the maintenance, repair or renewal of electric fittings in a building; or (xxxii) employed in a circus; or (xxxiii) employed as watchman in any factory or establishment; or (xxxiv) employed in any operation in the sea for catching fish; or (xxxv) employed in any employment which requires handling of snakes for the purpose of extraction of venom or for the purpose of looking after snakes or handling any other poisonous animal or insect; or (xxxvi) employed in handling animals like horses, mules and bulls; or (xxxvii) employed for the purpose of loading or unloading any mechanically propelled vehicle or in the handling or transport of goods which have been loaded in such vehicles; or (xxxviii) employed in cleaning of sewer lines or septic tanks within the limits of a local authority; or (xxxix) employed on surveys and investigation, exploration or gauge or discharge observation of rivers including drilling operations, hydrological observations and flood forecasting activities, ground water surveys and exploration; or (xl) employed in cleaning of jungles or reclaiming land or ponds; or (xli) employed in cultivation of land or rearing and maintenance of live-stock or forest operations or fishing; or (xlii) employed in installation, maintenance or repair of pumping equipment used for lifting of water from wells, tube-wells, ponds, lakes, streams and the like; or (xliii) employed in the construction, boring or deepening of an open well or dug well, bore well, bore-cum-dug well, filter point and the like; or (xliv) employed in spraying and dusting of insecticides or pesticides in agricultural operations or plantations; or (xlv) employed in mechanised harvesting and threshing operations; or (xlvi) employed in working or repair or maintenance of bulldozers, tractors, power tillers and the like; or (xlvii) employed as artist for drawing pictures on advertisement boards at a height of 3.66 metres or more from the ground level; or (xlviii) employed in any newspaper establishment as defined in the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 ( 45 of 1955 ) and engaged in outdoor work; or (xlix) employed as sales promotion employee; or (l) any other employee or class of employee employed in an establishment or class of establishments to which the Employees' Compensation Act, 1923 ( 8 of 1923 ) was applicable in any State immediately before the commencement of this Code. The Third Schedule [See sections 2 (51) , 36(1), 74 (1), (3), (5), 131(5), 132 and 152(2)] List of Occupational Diseases \| \| \| \| \| --- \| --- \| --- \| \| Serial No. \| Occupational disease \| Employment \| \| (1) \| (2) \| (3) \| \| Part A \| \| 1. \| Infectious and parasitic diseases contracted in an occupation where there is a particular risk of contamination. \| (a) all work involving exposure to health or laboratory work;(b) all work involving exposure to veterinary work;(c) work relating to handling animals, animal carcasses, part of such carcasses, or merchandise which may have been contaminated by animals or animal carcasses;(d) other work carrying a particular risk of contamination. \| \| 2. \| Diseases caused by work in compressed air \| All work involving exposure to the risk concerned. \| \| 3. \| Diseases caused by lead or its toxic compounds \| All work involving exposure to the risk concerned. \| \| 4. \| Poisoning by nitrous fumes \| All work involving exposure to the risk concerned. \| \| 5. \| Poisoning by organo phosphorus compounds \| All work involving exposure to the risk concerned. \| \| Part B \| \| 1. \| Diseases caused by phosphorus or its toxic compounds \| All work involving exposure to the risk concerned. \| \| 2. \| Diseases caused by mercury or its toxic compounds \| All work involving exposure to the risk concerned. \| \| 3. \| Diseases caused by benzene or its toxic homologues \| All work involving exposure to the risk concerned. \| \| 4. \| Diseases caused by nitro and amido toxic derivatives of benzene or its homologues \| All work involving exposure to the risk concerned. \| \| 5. \| Diseases caused by chromium or its toxic compounds \| All work involving exposure to the risk concerned. \| \| 6. \| Diseases caused by arsenic or its toxic compounds \| All work involving exposure to the risk concerned. \| \| 7. \| Diseases caused by radioactive substances and ionising radiations \| All work involving exposure to the action of radioactive substances or ionising radiations \| \| 8. \| Primary epitheliomatous cancer of the skin caused by tar, pitch, bitumen, mineral oil, anthracene, or the compounds, products or residues of these substances \| All work involving exposure to the risk concerned. \| \| 9. \| Diseases caused by the toxic halogen derivatives of hydrocarbons (of the aliphatic and aromatic series). \| All work involving exposure to the risk concerned. \| \| 10. \| Diseases caused by carbon disulphide \| All work involving exposure to the risk concerned. \| \| 11. \| Occupational cataract due to infra-red radiations \| All work involving exposure to the risk concerned. \| \| 12. \| Diseases caused by manganese or its toxic compounds \| All work involving exposure to the risk concerned. \| \| 13. \| Skin diseases caused by physical, chemical or biological agents not included in other items \| All work involving exposure to the risk concerned. \| \| 14. \| Hearing impairment caused by noise \| All work involving exposure to the risk concerned. \| \| 15. \| Poisoning by dinitrophenol or a homologue or by substituted dinitro-phenol or by the salts of such substances \| All work involving exposure to the risk concerned. \| \| 16. \| Diseases caused by beryllium or its toxic compounds \| All work involving exposure to the risk concerned. \| \| 17. \| Diseases caused by cadmium or its toxic compounds \| All work involving exposure to the risk concerned. \| \| 18. \| Occupational asthma caused by recognised sensitising agents inherent to the work process \| All work involving exposure to the risk concerned. \| \| 19. \| Diseases caused by fluorine or its toxic compounds \| All work involving exposure to the risk concerned. \| \| 20. \| Diseases caused by nitroglycerin or other nitroacid esters \| All work involving exposure to the risk concerned. \| \| 21. \| Diseases caused by alcohols and ketones \| All work involving exposure to the risk concerned. \| \| 22. \| Diseases caused by asphyxiants, carbon monoxide and its toxic derivatives, hydrogen sulphide \| All work involving exposure to the risk concerned. \| \| 23. \| Lung cancer and mesotheliomas caused by asbestos \| All work involving exposure to the risk concerned. \| \| 24. \| Primary neoplasm of the epithelial lining of the urinary bladder or the kidney or the ureter \| All work involving exposure to the risk concerned. \| \| 25. \| Snow blindness in snow bound areas \| All work involving exposure to the risk concerned. \| \| 26. \| Diseases due to effect of heat in extreme hot climate \| All work involving exposure to the risk concerned. \| \| 27. \| Diseases due to effect of cold in extreme cold climate \| All work involving exposure to the risk concerned. \| \| Part C \| \| 1. \| Pneumoconioses caused by sclerogenic mineral dust (silicoses, anthraoosilicosis, asbestosis) and silico-tuberculosis provided that silicosis is an essential factor in causing the resultant incapacity or death \| All work involving exposure to the risk concerned. \| \| 2. \| Bagassosis \| All work involving exposure to the risk concerned. \| \| 3. \| Bronchopulmonary diseases caused by cotton, flax hemp and sisal dust (Byssionsis) . \| All work involving exposure to the risk concerned. \| \| 4. \| Extrinsic allergic alveelitis caused by the inhalation of organic dusts \| All work involving exposure to the risk concerned. \| \| 5. \| Bronchopulmonary diseases caused by hard metals \| All work involving exposure to the risk concerned. \| \| 6. \| Acute Pulmonary oedema of high altitude. \| All work involving exposure to the risk concerned. \| The Fourth Schedule [See sections 2(55) , (56), 76(1) and 152(1)] Part I – List of Injuries Deemed to Result in Permanent total Disablement --------------------------------------------------------------------------- \| \| \| \| \| --- \| --- \| --- \| \| Serial No. \| Description of Injury \| Percentage of loss of earning capacity \| \| (1) \| (2) \| (3) \| \| 1. \| Loss of both hands or amputation at higher sites \| 100 \| \| 2. \| Loss of a hand and a foot \| 100 \| \| 3. \| Double amputation through leg or thigh, or amputation through leg or thigh on one side and loss of other foot \| 100 \| \| 4. \| Loss of sight to such an extent as to render the claimant unable to perform any work for which eye-sight is essential \| 100 \| \| 5. \| Very severe facial disfigurement \| 100 \| \| 6. \| Absolute deafness \| 100 \| Part II – List of Injuries Deemed to Result in Permanent Partial Disablement ------------------------------------------------------------------------------ \| \| \| \| \| --- \| --- \| --- \| \| Serial No. \| Description of Injury \| Percentage of loss of earning capacity \| \| (1) \| (2) \| (3) \| \| 1. \| Amputation through shoulder joint \| 90 \| \| 2. \| Amputation below shoulder with stump less than [20.32 Cms.] from tip of acromion \| 80 \| \| 3. \| Amputation form [20.32 Cms.] from tip of acromion to less than [11.43 Cms.] below tip of olecranon \| 70 \| \| 4. \| Loss of a hand or of the thumb and four fingers of one hand or amputation from [11.43 Cms.] below tip of olecranon \| 60 \| \| 5. \| Loss of thumb \| 30 \| \| 6. \| Loss of thumb and its metacarpal bone \| 40 \| \| 7. \| Loss of four fingers of one hand \| 50 \| \| 8. \| Loss of three fingers of one hand \| 30 \| \| 9. \| Loss of two fingers of one hand \| 20 \| \| 10. \| Loss of terminal phalanx of thumb \| 20 \| \| 11. \| Guillotine amputation of tip of thumb without loss of bone \| 10 \| \| Amputation cases-lower limbs \| \| 12. \| Amputation of both feet resulting in end bearing stumps \| 90 \| \| 13. \| Amputation through both feet proximal to the metatarso-phalangeal joint \| 80 \| \| 14. \| Loss of all toes of both feet through the metatarso-phalangeal joint \| 40 \| \| 15. \| Loss of all toes of both feet proximal to the proximal inter-phalangeal joint \| 30 \| \| 16. \| Loss of all toes of both feet distal to the proximal inter-phalangeal joint \| 20 \| \| 17. \| Amputation at hip \| 90 \| \| 18. \| Amputation below hip with stump not exceeding [12.70 Cms.] in length measured from tip of great trenchanter \| 80 \| \| 19. \| Amputation below hip with stump exceeding [12.70 Cms.] in length measured from tip of great trenchanter but not beyond middle thigh \| 70 \| \| 20. \| Amputation below middle thigh to [8.89 Cms.] below knee \| 60 \| \| 21. \| Amputation below knee with stump exceeding [8.89 Cms.] but not exceeding [12.70 Cms.] \| 50 \| \| 22. \| Amputation below knee with stump exceeding [12.70 Cms.] \| 50 \| \| 23. \| Amputation of one foot resulting in end bearing \| 50 \| \| 24. \| Amputation through one foot proximal to the metatarso-phalangeal joint \| 50 \| \| 25. \| Loss of all toes of one foot through the metatarso-phalangeal joint \| 20 \| \| Other injuries \| \| \| 26. \| Loss of one eye, without complications, the other being normal \| 40 \| \| 27. \| Loss of vision of one eye, without complications or disfigurement of eye-ball, the other being normal \| 30 \| \| 28. \| Loss of partial vision of one eye \| 10 \| \| \| Loss of- \| \| \| A-Fingers of right or left hand Index finger \| \| 29. \| Whole \| 14 \| \| 30. \| Two phalanges \| 11 \| \| 31. \| One phalanx \| 9 \| \| 32. \| Guillotine amputation of tip without loss of bone \| 5 \| \| Middle finger \| \| 33. \| Whole \| 12 \| \| 34. \| Two phalanges \| 9 \| \| 35. \| One phalanx \| 7 \| \| 36. \| Guillotine amputation of tip without loss of bone \| 4 \| \| Ring or little finger \| \| 37. \| Whole \| 7 \| \| 38. \| Two phalanges \| 6 \| \| 39. \| One phalanx \| 5 \| \| 40. \| Guillotine amputation of tip without loss of bone \| 2 \| \| B-Toes of right or left foot Great toe \| \| \| 41. \| Through metatarso-phalangeal joint \| 14 \| \| 42. \| Part, with some loss of bone \| 3 \| \| Any other toe \| \| 43. \| Through metatarso-phalangeal joint \| 3 \| \| 44. \| Part, with some loss of bone \| 1 \| \| Two toes of one foot, excluding great toe \| \| 45. \| Through metatarso-phalangeal joint \| 5 \| \| 46. \| Part, with some loss of bone \| 2 \| \| Three toes of one foot, excluding great toe \| \| 47. \| Through metatarso-phalangeal joint \| 6 \| \| 48. \| Part, with some loss of bone \| 3 \| \| Four toes of one foot, excluding great toe \| \| 49. \| Through metatarso-phalangeal joint \| 9 \| \| 50. \| Part, with some loss of bone \| 3 \| The Fifth Schedule [See sections 15(2) and 152(1)] Matters that may be Provided for in the Schemes Any scheme framed under section 15 may provide for any or all of the matters as specified below, namely:- Part A – {\| ------------- \|- \| Serial No. \| Matters on which the Provident Fund Scheme may make provisions \|- \| (1) \| (2) \|- \| 1. \| The employees or class of employees who shall join the Fund, and the conditions under which employees may be exempted from joining the Fund or from making any contribution. \|- \| 2. \| The time and manner in which contributions shall be made to the Fund by employers and by, or on behalf of, employees, (whether employed by him directly or by or through a contractor), the contributions which an employee may, if he so desires, make under section 16, and the manner in which such contributions may be recovered. \|- \| 3. \| The manner in which employees' contributions may be recovered by contractors from employees employed by or through such contractors. \|- \| 4. \| The payment by the employer of such sums of money as may be necessary to meet the cost of administering the Fund and the rate at which and the manner in which the payment shall be made. \|- \| 5. \| The constitution of any committee for assisting any board of trustees. \|- \| 6. \| The opening of regional and other offices of any board of trustees. \|- \| 7. \| The manner in which accounts shall be kept, the investment of moneys belonging to the Fund in accordance with any directions issued or conditions specified by the Central Government, the preparation of the budget, the audit of accounts and the submission of reports to the Central Government, or to any specified State Government. \|- \| 8. \| The conditions under which withdrawals from the Fund may be permitted and any deduction or forfeiture may be made and the maximum amount of such deduction or forfeiture. \|- \| 9. \| The fixation by the Central Government in consultation with the boards of trustees concerned of the rate of interest payable to members. \|- \| 10. \| The form in which an employee shall furnish particulars about himself and his family whenever required. \|- \| 11. \| The nomination of a person to receive the amount standing to the credit of a member after his death and the cancellation or variation of such nomination. \|- \| 12. \| The registers and records to be maintained with respect to employees and the returns to be furnished by employers or contractors. \|- \| 13. \| The form or design of any identity card, token or disc for the purpose of identifying any employee, and for the issue, custody and replacement thereof. \|- \| 14. \| The fees to be levied for any of the purposes specified in this Schedule. \|- \| 15. \| The contraventions or defaults which shall be punishable under section 135. \|- \| 16. \| The further powers, if any, which may be exercised by Inspector-cum-Facilitators. \|- \| 17. \| The manner in which accumulations in any existing provident fund shall be transferred to the Fund and the mode of valuation of any assets which may be transferred by the employers in this behalf. \|- \| 18. \| The conditions under which a member may be permitted to pay premia on life insurance, from the Fund. \|- \| 19. \| 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. \|- \| Part B \|- \| Matters that may be Provided for in the Pension Scheme \|- \| 1. \| The employees or class of employees to whom the Pension Scheme shall apply. \|- \| 2. \| The portion of employers' contribution to the Provident Fund which shall be credited to the Pension Fund and the manner in which it is credited. \|- \| 3. \| The regulation of the manner in which and the period of service for which, no contribution is received. \|- \| 4. \| The manner in which employees' interest will be protected against default in payment of contribution by the employer. \|- \| 5. \| The manner in which the accounts of the Pension Fund shall be kept and investment of moneys belonging to Pension Fund to be made subject to such pattern of investment as may be determined by the Central Government. \|- \| 6. \| The form in which an employee shall furnish particulars about himself and the members of his family whenever required. \|- \| 7. \| The forms, registers and records to be maintained in respect of employees, required for the administration of the Pension Scheme. \|- \| 8. \| The scale of pension and pensionary benefits and the conditions relating to grant of such benefits to the employees. \|- \| 9. \| The manner in which the exempted establishments have to pay contribution towards the Pension Scheme and the submission of returns relating thereto. \|- \| 10. \| The mode of disbursement of pension and arrangements to be entered into with such disbursing agencies as may be specified for the purpose. \|- \| 11. \| The manner in which the expenses for administering the Pension Scheme will be met from the income of the Pension Fund. \|- \| 12. \| Any other matter which is to be provided for in the Pension Scheme or which may be necessary or proper for the purpose of implementation of the Pension Scheme. \|- \| Part C \|- \| Matters that may be Provided for in the Employees' Deposit-Linked Insurance Scheme \|- \| 1. \| The employees or class of employees who shall be covered by the Insurance Scheme. \|- \| 2. \| The manner in which the accounts of the Insurance Fund shall be kept and the investment of moneys belonging to the Insurance Fund subject to such pattern of investment as may be determined, by order, by the Central Government. \|- \| 3. \| The form in which an employee shall furnish particulars about himself and the members of his family whenever required. \|- \| 4. \| The nomination of a person to receive the insurance amount due to the employee after his death and the cancellation or variation of such nomination. \|- \| 5. \| The registers and records to be maintained in respect of employees; the form or design of any identity card, token or disc for the purpose of identifying any employee or his nominee or member of his family entitled to receive the insurance amount. \|- \| 6. \| The scales of insurance benefits and conditions relating to the grant of such benefits to the employees. \|- \| 7. \| The manner in which the amount due to the nominee or the member of the family of the employee under the scheme is to be paid including a provision that the amount shall not be paid otherwise than in the form of a deposit in a savings bank account, in the name of such nominee or member of family, in any corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 ( 5 of 1970 ). \|- \| 8. \| Any other matter which is to be provided for in the Employees' Deposit-linked Insurance Scheme or which may be necessary or proper for the purpose of implementing that Scheme. \|} The Sixth Schedule [See sections 75, 76(1) and 152(1)] Factors for Working out Lump Sum Equivalent of Compensation Amount in Case of Permanent Disablement and Death \| \| \| \| \| --- \| --- \| --- \| \| \| Completed years of age on the last birthday of the employee immediately preceding the date on which the compensation fell due \| Factors \| \| (1) \| (2) \| (3) \| \| Not more than \| 16 \| 228.54 \| \| \| 17 \| 227.49 \| \| \| 18 \| 226.38 \| \| \| 19 \| 225.22 \| \| \| 20 \| 224.00 \| \| \| 21 \| 222.71 \| \| \| 22 \| 221.37 \| \| \| 23 \| 219.95 \| \| \| 24 \| 218.47 \| \| \| 25 \| 216.91 \| \| \| 26 \| 215.28 \| \| \| 27 \| 213.57 \| \| \| 28 \| 211.79 \| \| \| 29 \| 209.92 \| \| \| 30 \| 207.98 \| \| \| 31 \| 205.95 \| \| \| 32 \| 203.85 \| \| \| 33 \| 201.66 \| \| \| 34 \| 199.40 \| \| \| 35 \| 197.06 \| \| \| 36 \| 194.64 \| \| \| 37 \| 192.14 \| \| \| 38 \| 189.56 \| \| \| 39 \| 186.90 \| \| \| 40 \| 184.17 \| \| \| 41 \| 181.37 \| \| \| 42 \| 178.49 \| \| \| 43 \| 175.54 \| \| \| 44 \| 172.52 \| \| \| 45 \| 169.44 \| \| \| 46 \| 166.29 \| \| \| 47 \| 163.07 \| \| \| 48 \| 159.80 \| \| \| 49 \| 156.47 \| \| \| 50 \| 153.09 \| \| \| 51 \| 149.67 \| \| \| 52 \| 146.20 \| \| \| 53 \| 142.68 \| \| \| 54 \| 139.13 \| \| \| 55 \| 135.56 \| \| \| 56 \| 131.95 \| \| \| 57 \| 128.33 \| \| \| 58 \| 124.70 \| \| \| 59 \| 121.05 \| \| \| 60 \| 117.41 \| \| \| 61 \| 113.77 \| \| \| 62 \| 110.14 \| \| \| 63 \| 106.52 \| \| \| 64 \| 102.93 \| \| \| 65 or more \| 99.37 \| The Seventh Schedule [See section 114(4) ] Classification of Aggregators \| \| \| \| --- \| --- \| \| Sl.No. \| Classification of Aggregator \| \| 1. \| Ride sharing services \| \| 2. \| Food and grocery delivery services \| \| 3. \| Logistic services \| \| 4. \| e-Market place (both market place and inventory model) for wholesale/ retail sale of goods and/or services (B2B/B2C) \| \| 5. \| Professional services provider \| \| 6. \| Healthcare \| \| 7. \| Travel and hospitality \| \| 8. \| Content and media services \| \| 9. \| Any other goods and services provider platform \|
65ba845bab84c7eca86ebdb9	acts	Union of India - Act ---------------------- The Interest-Tax Act, 1974 ---------------------------- UNION OF INDIA India The Interest-Tax Act, 1974 ============================ Act 45 of 1974 ---------------- * Published on 23 September 1974 * Commenced on 23 September 1974 The Interest-Tax Act, 1974 ACT NO. 45 OF 1974 ### 1264. The object of the Bill is to impose a special tax on the total amount of interest received by the schedule banks on loans and advance made in India. However, interest on Government securitities as also debentures and other securities issued by the local authorities, companies and statutory corporations will not be included in the tax base. Interest received on loans and advances made to other scheduled banks will likewise be exempted from the proposed levy. The tax will be levied at the rate of seven per cent. on the chargeable amount of interest. Interest acruing or arising before 1st August, 1974 will not be liable to tax. The tax will be allowed as deduction in computing the taxable income under the Income-tax Act, 1961. The tax is expected to have both monetary and fiscal impact inasmuch as it will serve the purpose of raising the cost of borrowed funds and supplementing Government revenues. - Gazette of India, 2-9-1974, Pt. II, S.2, Ext., p. 953. [23rd September 1974.] An Act to impose a special tax on interest in certain cases. BE it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows:- ### 1. Short title and extent. (1) This Act may be called the Interest-tax Act, 1974. (2) It extends to the whole of India. ### 2. Definitions. In this Act, unless the context otherwise requires,- (1) "assessee" means a person by whom interest-tax or any other sum of money is payable under this Act and includes- (a) every person in respect of whom any proceeding under this Act has been taken for the assessment of his chargeable interest or of the amount of refund due to him or of the chargeable interest of any other person in respect of which he is assessable or of the amount of refund due to such other person; (b) every person who is deemed to be an assessee in default under any provision of this Act; (2) "assessment" includes reassessment; (3) "assessment year" means the period of twelve months commencing on the 1st day of April, every year; (4) Board" means the Central Board of Direct Taxes constituted under the Central Boards of Revenue Act, 1963; (54 of 1963.) (5) "chargeable interest" means the total amount of interest referred to in section 5, computed in the manner laid down in section 6; (5A) [ "credit institution" means, [(5A) and (5B) Inserted by Act 49 of 1991, Section 91 (w.e.f. 1-10-1991) ] - (i) a banking company to which the Banking Regulation Act, 1949, applies (including any bank or banking institution referred to in section 51 of at Act [\\\] [Words "or a co-operative Society engaged in carrying on business of banking not being co-operative society providing credit facilities to farmers or village artisans" omitted by Act 18 of 1992, Section 103 (w.e.f. 1.4.1993) ] (ii) a public financial institution as defined in section of the Companies Act, 1956; (iii) a State financial corporation established under section 3 or section 3A or an institution notified under section 46 of the State Financial Corporations Act, 1951; and (iv) any other financial company; (5B) "financial company" means a company, other than a company referred to in sub-clause (i) , (ii) or (iii) of clause (5A), being- (i) a hire-purchase finance company, that is to say, a company which carries on, as its principal business, hire-purchase transactions or the financing of such transactions; (ii) an investment company, that is to say, a company which carries on, as its principal business, the acquisition of shares, stock, bonds, debentures, debenture stock or securities issued by the Government or a local authority, or other marketable securities of a like nature; (iii) , a housing finance company, that is to say, a company which carries on, as its principal business, the business of financing of acquisition or construction of houses, including acquisition or development of land in connection therewith; (iv) a loan company, that is to say, a company [not being a company referred to in sub-clauses (i) to (iii)] which carries on, as its principal business, the business of providing finance, whether by making loans or advances or otherwise; (v) a mutual benefit finance company, that is to say, a company which carries on, as its principal business, the business of acceptance of deposits from its members and which is declared by the Central Government under section 620A of the Companies Act, 1956, to be a Nidhi or Mutual Benefit Society; (va) [ a residuary non-banking company [other than a financial company referred to in sub-clause (i), (ii), (iii), (iv), or (v)] that is to say, a company which receives any deposit under any scheme or arrangement, by whatever name called, in one lumpsum or in instalments by way of contributions or subscriptions or by sale of units or certificates or other instruments or in any other manner; or] [Inserted by Act 18 of 1992, Section 103 (w.e.f. 1.4.1993) ] (vi) a miscellaneous finance company, that is to say, a company which carries on exclusively, or almost exclusively, two or more classes of business referred to in the preceding sub-clauses;] [Inserted by Act 18 of 1992, Section 103 (w.e.f. 1.4.1993) ] (6) "Income-tax Act" means the Income-tax Act, 1961; (43 of 1961.) (7) "interest" means interest on loans and advances made in India and includes- [(a) commitment charges on unutilised portion of any credit sanctioned for being availed of in India; and (b) discount on promissory notes and bills of exchange drawn or made in, India, but does not include- (i) interest referred to in sub-section (1B) of the Reserve Bank of India Act, 1934; (ii) discount on treasury bills;] ---Subject to the provisions of this Act, the chargeable interest any previous year of a credit institution shall be the total amount of interest (other than interest on loans and advances made to other credit institutions [or to any cooperative society engaged in carrying on the business of banking] [Omitted & Inserted by Act 18 of 1992, Section 103 (w.e.f. 1.4.1993)] Provided that any interest in relation to categories of had or doubtful debts referred to in section 43D of the Income-tax Act shall be deemed to accrue or arise to the credit institution in the previous year in which it is credited by the credit institution to its profit and loss account for that year or, as the case may be, in which it is actually received by the credit institution, whichever is earlier.] (8) "Prescribed" means prescribed by rules made under this Act; (9) [Omitted by Act 49 of 1991, Section 91 (w.e.f. 1-10-1991)] (10) all other words and expressions used herein but not defined and defined in the Income-tax Act shall have the meanings respectively assigned to them in that Act. ### 3. Tax authorities. (1) The income-tax authorities specified in section of the income-tax Act shall be the interest-tax authorities for the purposes of this Act. [(1A) Every such authority shall exercise the powers and perform the functions of an interest-tax authority under this Act in respect of any person within his jurisdiction. (1B) The jurisdiction of an interest-tax authority under this Act shall be the same as he has under the Income-tax Act by virtue of orders or directions issued under section 120 of that Act (including orders or directions assigning the concurrent jurisdiction) or under any other provision of that Act. (1C) The interest-tax authority having jurisdiction in relation to a credit institution which has no income assessable to income-tax under the Income-tax Act shall be the interest-tax authority having jurisdiction in respect of the area in which that institution carries on its business or has its principal place of business. (1D) Section 118 of the Income-tax Act and any notification issued thereunder shall apply in relation to the control of interest-tax authorities as they apply in relation to the control of the corresponding income-tax authorities, except to the extent to which the Board may, by notification in the Official Gazette, otherwise direct in respect of any interest-tax authority.] [ Substituted by Act 49 of 1991 s.92 (w.e.f. 1.10.1991).] (2) All officers and persons employed in the execution of this Act shall observe and follow the orders, instructions and directions of the Board: Provided that no such orders, instructions or directions shall be issued- (a) so as to require any tax authority to make a Particular assessment or to dispose of a particular case in a particular manner; or (b) so as to interfere with the discretion of the [Commissioner (Appeals)] [ Substituted by Act 29 of 1977, Section 39 & Sch. V (w.e.f. 10.7.1978).] in the exercise of his appellate functions. (3) Every Income-tax Officer [or Assistant Commissioner] [Inserted and Substituted by Act 32 of 1994, Section 56 (w.e.f. 1-6-1994). ] employed in the execution of this Act shall observe and follow the orders, instructions and directions issued for his guidance by the [Director] [Inserted and Substituted by Act 32 of 1994, Section 56 (w.e.f. 1-6-1994) ] or by the Commissioner or by the [Additional Commissioner of Income-tax or the Deputy Commissioner] [Inserted and Substituted by Act 32 of 1994, Section 56 (w.e.f. 1-6-1994) ] within whose jurisdiction he performs his functions. ### 4. Charge of tax. [(1) Subject to the provisions of this Act, there shall be charged on every scheduled bank for every assessment year commencing on or after the 1st day of April, 1975, a tax (in this Act referred to as interest-tax) in respect of its chargeable interest of the previous year at the rate of seven per cent. of such chargeable interest]. [ Remembered and Inserted by Act 49 of 1991, Section 93 (w.e.f. 1.10.1991).] [Provided that the rate at which interest-tax shall be charged in respect of any chargeable interest accruing or arising after the 31st day of March, 1983, shall be three and a half per cent. of such chargeable interest.] [Inserted by Act 11 of 1983, Section 43 (w.e.f. 1.4.1980).] (2) [ Notwithstanding anything contained in sub-section (1) but subject to the other provisions of this Act, there shall be charged on every credit institution for every assessment year commencing on and from 1st day of April, 1992, interest-tax in respect of its chargeable interest of the previous year at the rate of three per cent of such chargeable interest.] [Remembered and Inserted by Act 49 of 1991, Section 93 (w.e.f. 1.10.1991).] ### 5. [ Scope of chargeable interest [Substituted by Act 49 of 1991, Section 94 (w.e.f. 1-10-1991) ] - Subject to the provisions of this Act, the chargeable interest of any previous year of a credit institution shall be the total amount of interest (other than interest on loans and advances made to other credit institution [or to any co-operative society engaged in carrying on the business of banking] [Clause (7) Inserted by Act 49 of 1991, Section 91 (w.e.f. 1-10-1991) ] accruing or arising to the bank in that previous year. Providing that any interest in relation to categories of bad or doubtful debts referred to in Section 43-D of the Income-tax Act shall be deemed to accurue or asrise to the credit institution in the previous year in which it is credited by the credit institution to its profit and loss account for that year or, as the case may be, in which it is actually received by the credit institution, hichever is earlier.] ### 6. Computation of chargeable interest. (1) Subject to the provisions of sub-section (2), in computing the chargeable interest of a previous year, there shall be allowed from the total amount of interest (other than interest on loans and advances made to [credit institutions] [Substituted by Act 49 of 1991, Section 95 (w.e.f. 1.10.1991). ] accruing or arising to the assessee in the previous year, a deduction in respect of the amount of interest which is established to have become a bad debt during the previous year: Provided that such interest has been taken into, account in computing the chargeable interest of the assessee of an earlier previous year and the amount has been written off as irrecoverable in the accounts of the assessee for the previous year during which it is established to have become a bad debt. Explanation.-For the removal of doubts, it is hereby declared that in computing the chargeable interest of a previous year, no deduction, other than the deduction specified in this sub-section, shall be allowed from the total amount of interest accruing or arising to the assesses. (2) In computing the chargeable interest of a previous year, the amount of interest which accrues or arises to the assessee ['during the period commencing on the 1st day of April, 1985 and ending with the 30th day of September, 1991"] [Substituted by Act 49 of 1991, Section 95 (w.e.f. 1.10.1991). ] [before the 1st day of August, 1974 or during the period commencing on the 1st day of March, 1978 and ending with the 30th day of June, 1980.] [Substituted by Act 49 of 1991, Section 95 (w.e.f. 1.10.1991). ] shall not be taken into account. ### 7. Return of chargeable interest. (1) In the case of every credit institution, its principal officer, or where in the case of a non-resident credit institution any person has been treated as its agent under section 163 of the Income-tax Act, such person, shall furnish a return of the chargeable interest of the credit institution of the previous year in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed, before the 31st day of December of the assessment year. [(2) Without prejudice to the provisions of sub-section (1), the Assessing Officer may, before the end of the relevant assessment year, serve a notice upon the principal officer of any credit institution, or where in the case of a non-resident credit institution any person has been treated as its agent under section 163 of the Income-tax Act, upon such person, requiring him to furnish within thirty days from the date of service of the notice a return of the chargeable interest of the credit institution of the previous year in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed.] [ Substituted by Act 49 of 1991, Section 96 (w.e.f. 1.10.1991)] (3) Any assessee who has not furnished a return within the time allowed under sub-section (1) or sub-section (2), or having furnished a return under sub-section (1) or sub-section (2) discovers any omission or wrong statement therein, may furnish a return or a revised return, as the case may be, at any time [before the expiry of one year from the end of the relevant assessment year or before the completion of the assessment, whichever is earlier] [Substituted by Act 49 of 1991, Section 96 (w.e.f. 1.10.1991). ] ### 8. Assessment. (1) For the purposes of making an assessment under this Act, the [Assessing officer] [ Substituted and Inserted by Act 49 of 1991, Section 97 (w.e.f. 1-10-1991).] may serve on any person who has furnished a return under section 7 or upon whom a notice has been served under sub-section (2) of section 7 (whether a return has been furnished or not) a notice requiring him on a date therein to be specified, to produce or cause to be produced such accounts or documents or evidence as the [Assessing officer] [ Substituted and Inserted by Act 49 of 1991, Section 97 (w.e.f. 1-10-1991).] may require for the purposes of this Act and may, from time to time, serve further notices requiring the production of such further accounts or documents or other evidence as he may require. (2) The [Assessing officer] [ Substituted and Inserted by Act 49 of 1991, Section 97 (w.e.f. 1-10-1991).] , after considering such accounts, documents or evidence, if any, as he has obtained under sub-section (1) and after taking into account any relevant material which he has gathered, shall, by an order in writing assess the chargeable interest and the amount of the interest-tax payable on the basis of such assessment. (3) If any person- [(a) fails to make a return as required under sub-section (1) of section 7 and has not made a return or a revised return under sub-section (3) of that section, or (b) falls to comply with all the terms of notice under sub-section (2) of that section, the Assessing Officer shall, after taking into account all the relevant material which he has gathered and after giving the assessee an opportunity of being heard, make the assessment of the total chargeable interest to the best of his judgment and determine the sum payable by the assessee on the basis of such assessment: Provided that such opportunity shall be given by the Assessing Officer by serving a notice calling upon the assessee to show cause, on a date and time to be specified in the notice, why the assessment should not be completed to the best of his judgment: Provided further that it shall not be necessary to give such opportunity in a case where a notice under sub-section (1) has been issued prior to the making of an assessment under this section.] [ Substituted and Inserted by Act 49 of 1991, Section 97 (w.e.f. 1-10-1991).] ### 9. [ Self-assessment. [ Substituted and Inserted by Act 49 of 1991, Section 98 (w.e.f. 1-10-1991).] (1) Where interest-tax is payable on the basis of any return required to be furnished under section 7 or section 10, after taking into account the amount of interest-tax, if any, already paid under any provision of this Act, the assessee shall be liable to pay such interest-tax, together with interest payable under any provision of this Act for any delay in furnishing the return or any default or delay in payment of advance interest-tax, before furnishing the return and the return shall be accompanied by proof of payment of such interest-tax and interest. Explanation.-Where the amount paid by the assessee under' this sub-section falls short of the aggregate of the interest-tax and interest as aforesaid, the amount so paid shall first be adjusted towards the interest payable as aforesaid and the balance, it any, shall be adjusted towards the interest-tax payable. (2) After the assessment under section 8 has been made, any amount paid under sub-section (1) shall be deemed to have been paid towards such assessment. (3) If any assessee fails to pay the whole or any part of interest-tax or interest or both in accordance with the provisions of subsection (1), he shall, without-prejudice to any other consequences which he may incur, be deemed to be an assessee in default in respect of the interest-tax or interest or both remaining unpaid, and all the provisions of this Act shall apply accordingly.] ### 10. Interest escaping assessment. If- (a) the [Assessing officer] [ Substituted by Act 49 of 1991, s.99 (w.e.f. 1-10-1991).] has reason to believe that by reason of the omission or failure on the part of the assessee to make a return under section 7 for any assessment year or to disclose fully and truly all material facts necessary for his assessment for any assessment year, chargeable interest for that year has escaped assessment or has been underassessed or has been made the subject of. excessive relief under this Act, or (b) notwithstanding that there has been no omission or failure as mentioned in clause (a) on the part of the assessee, the [Assessing officer] [ Substituted by Act 49 of 1991, s.99 (w.e.f. 1-10-1991).] has, in consequence of information in his possession, reason to believe that chargeable interest assessable for any assessment year has escaped assessment or has been under-assessed or has been the subject of excessive relief under this Act, he may, in cases falling under clause (a) , at any time, and in cases falling under clause (b), at any time within four years of the end of that assessment year, serve on the assessee a notice containing all or any of the requirements which may be included in a notice under section 7, and may proceed to assess or reassess the amount chargeable to interest-tax, and the provisions of this Act shall, so far as may be, apply, as if the notice were a notice issued under that section. ### 10A. [ Time limit for completion of assessments and reassessments. [ Substituted by Act 49 of 1991, s.100 (w.e.f. 1-10-1991). ] (1) No order of assessment shall be made under section 8 any time after the expiry of two years from the end of the assessment year in which the interest was first assessable. (2) No order of assessment or reassessment shall be made under section 10 after the expiry of two years from the end of the financial year in which the notice under that section was served. (3) Notwithstanding anything contained in sub-sections (1) and (2), an order of fresh assessment in pursuance of an order passed under section 15, section 16, section 19 or section 20, setting aside or cancelling an 'assessment, may be made at any time before the expiry of two 'years from the end of the financial year in which the order under section 15 or section 16 is received by the Commissioner or, as the case may be, the order under section 19 or section 20 is passed by the Commissioner. (4) The provisions of sub-sections (1) and (2) shall not apply to the assessment or reassessment made in consequence of, or to give effect to, any finding or direction contained in an order under section 15 or section 16 or section 19 or section 20 of this Act or section 256 or section 260 of the Income-tax Act as applicable to this Act by virtue of section 21 of this Act or in an order of any court in it proceeding otherwise than by way of appeal or reference under this Act and such assessment or reassessment may, subject to the provisions of sub-section (3), be completed at any time. Explanation 1. In computing the period of limitation for the purposes of this section- (i) the time taken in reopening the whole or any part of the proceeding; or (ii) the period during which the assessment proceeding is stayed by an order or injunction of any court, shall be excluded. Explanation 2. Where, by an order referred to in sub-section (4) , any interest is excluded from the chargeable interest for an assessment year in respect of an assessee, then, an assessment of such interest for another assessment year shall, for the purposes of section 10 and this section, be deemed to be one made in consequence of, or to give effect to, any finding or direction contained in the said order.] ### 11. [ Advance payment of interest-tax. [ Substituted by Act 49 of 1991, s.101 (w.e.f. 1-10-1991). ] ((1) . Interest-tax shall be payable in advance during the financial year in respect of the chargeable interest for the assessment year immediately following that financial year in accordance with the provision of this section. (2) Interest-tax shall be payable in advance in three instalments during each financial year, the due date of, and the amount payable in, each such instalment being as specified in the following table TABLE \| \| \| \| --- \| --- \| \| Due date of instalment \| Amount payable \| \| On or Before the 15thSeptember \| Not less than twenty percent of such interest tax payable in advance. \| \| On or Before 15thDecember \| Not less than fifty percent of such interest - tax payable at advance, as reduced by the amount, if any, paid in earlier instalment. \| \| On or Before 15thMarch \| The whole amount of such interest tax payable in advance as reduced by the amount or amounts, if any, paid in the earlier instalment or instalments. \| Provided that any amount paid by way of interest - tax payable in advance on or before the 15th March The whole amount of such interest-tax payable in advance as reduced by the amount or amount, if any, paid in the earlier instalment or instalments ### 12. [ Interest For Default In Furnishing Return Of Chargeable Interest. [ Substituted by Act 49 of 1991, s.101 (w.e.f. 1-10-1991). ] (1) Where the return of chargeable interest for any assessment year under sub-section (1) of section 7, or in response to a notice under sub-section (2) of that section is furnished after the due date, or is not furnished, the assessee shall be liable to pay simple interest at the rate of two per cent for every month or part of a month comprised in the period commencing on the date immediately following the due date, and, - (a) where the return is furnished after the due date, ending on the date of the furnishing of the return; or (b) where no return has been furnished, ending on the date of completion of assessment under sub-section (3) of section 8, on the amount of the interest-tax on the chargeable interest as determined under sub-section (2) or sub-section (3) of section 8 as reduced by the interest-tax paid in advance. Explanation 1 : In this section, "due date" means the 31st day of December of the relevant assessment year or, as the case may be, the date on which return in response to a notice under sub-section (2) of section 7 is due to be filed. Explanation 2 : Where in relation to an assessment year, an assessment is made for the first time under section 10, the assessment so made shall be regarded as assessment made under sub-section (2) , or, as the case may be, sub-section (3) of section 8. Explanation 3 : For the purposes of computing the interest payable under section 9, interest-tax on the chargeable interest declared in the return shall be deemed to be the interest-tax on total chargeable interest determined under sub-section (2) or sub-section (3) of section 8. (2) The interest payable under sub-section (1) shall be reduced by the interest, if any, paid under section 9 towards the interest chargeable under this section. (3) Where the return of chargeable interest for any assessment year, required by a notice under section 10 issued after the completion of assessment under sub-section (2) or sub-section (3) of section 8 or section 10 is furnished after the expiry of the time allowed under such notice or is not furnished, the assessee shall be liable to pay simple interest at the rate of two per cent for every month or part of a month comprised in the period commencing on the date immediately following the expiry of time allowed as aforesaid, and, - (a) where the return is furnished after the expiry of the time aforesaid, ending on the date of furnishing the return; or (b) where no return has been furnished, ending on the day of completion of the reassessment under section 10. on the amount by which the interest-tax on the chargeable interest as determined on the basis of such reassessment exceeds the interest-tax on chargeable interest on the basis of earlier assessment aforesaid. (4) Where, as a result of an order under section 15 or section 17 of this Act or section 254 or section 260 or section 262 of the Income-tax Act, as applicable to this Act by virtue of section 21 of this Act, the amount on which interest was payable under sub-section (1) or sub-section (3) has been increased or reduced, as the case may be, the interest shall be increased or reduced accordingly, and - (i) in a case where the interest is increased, the Assessing Officer shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable and such notice of demand shall be deemed to be a notice under section 156 of the Income-tax Act as applicable to this Act by virtue of section 21, and the provisions of this Act shall apply accordingly; (ii) in a case where the interest is reduced, the excess interest paid, if any, shall be refunded. (5) The provisions of this section shall apply in respect of assessments for the assessment year commencing on the 1st day of April, 1992 and subsequent years. ### 12A. Interest For Default In Payment Of Interest-Tax In Advance. [ Substituted by Act 49 of 1991, s.101 (w.e.f. 1-10-1991). ] (1) Subject to the other provisions of this section, where in any financial year, an assessee, who is liable to pay interest-tax in advance under section 11 has failed to pay such tax, or where the interest-tax paid in advance by such assessee is less than ninety per cent of the assessed interest-tax, the assessee shall be liable to pay simple interest at the rate of two per cent for every month or part of a month comprised in the period from the 1st day of April next following such financial year to the date of determination of chargeable interest under sub-section (2) or, as the case may be, sub-section (3) of section 8 on an amount equal to the assessed interest-tax or, as the case may be, on the amount by which the interest-tax payable in advance falls short of the assessed interest-tax. Explanation 1 : In this section, "assessed interest-tax" means - (a) for the purpose of computing the interest payable under section 9, the interest-tax on the chargeable interest as declared in the return referred to in that section; (b) in any other case, interest-tax on chargeable interest as determined under sub-section (2) or, as the case may be, sub-section (3) of section 8. Explanation 2 : Where, in relation to an assessment year, an assessment is made for the first time under section 10, the assessment so made shall be regarded as assessment made under sub-section (2) or, as the case may be, sub-section (3) of section 8. (2) Where, before the date of completion of assessment under sub-section (2) or sub-section (3) of section 8, interest-tax is paid by the assessee under section 9 or otherwise, - (i) interest shall be calculated in accordance with the foregoing provisions of this section up to the date on which the tax is so paid, and reduced by the interest, if any, paid under section 9 towards the interest chargeable under this section; (ii) thereafter, interest shall be calculated at the rate aforesaid on the amount by which the tax so paid together with interest-tax paid in advance falls short of the assessed interest-tax. (3) Where, as a result of an order of reassessment under section 10, the amount on which the interest was payable under sub-section (1) is increased, the assessee shall be liable to pay simple interest at the rate of two per cent for every month or part of a month comprised in the period commencing on the day following the completion of the assessment under sub-section (2) or, as the case may be, sub-section (3) of section 8 referred to in sub-section (1) and ending on the date of reassessment under section 10, on the amount by which the interest-tax on the basis of the reassessment exceeds the interest-tax on the chargeable interest determined on the basis of assessment under sub-section (2) or, as the case may be, sub-section (3) of section 8. (4) Where, as a result of an order under section 15 or section 17 of this Act or section 254 or section 260 or section 262 of the Income-tax Act as applicable to this Act by virtue of section 21 of this Act, the amount on which interest was payable under sub-section (1) or sub-section (3) has been increased or reduced, as the case may be, the interest shall be increased or reduced accordingly, and - (i) in a case where the interest is increased, the Assessing Officer shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable and such notice of demand shall be deemed to be a notice under section 156 of the Income-tax Act as applicable to this Act by virtue of section 21 of this Act, and provisions of this Act shall apply accordingly; (ii) in a case where the interest is reduced, the excess interest paid, if any, shall be refunded. (5) The provisions of this section shall apply in respect of assessments for the assessment year commencing on the 1st day of April, 1992 and subsequent assessment years. ### 12B. Interest For Deferment Of Interest-Tax Payable In Advance. [ Substituted by Act 49 of 1991, s.101 (w.e.f. 1-10-1991). ] (1) Where in any financial year, the assessee who is liable to pay interest-tax in advance under section 11 has failed to pay the interest-tax and where such tax paid by the assessee on his chargeable interest on or before the 15th day of September is less than twenty per cent of the interest-tax due on the returned chargeable interest or the amount of such interest-tax paid on or before the 15th day of December is less than fifty per cent of the tax due on the returned chargeable interest, then, the assessee shall be liable to pay simple interest at the rate of one and one-half per cent per month of the shortfall for a period of three months on the amount of shortfall from twenty per cent or, as the case may be, fifty per cent of the interest-tax due on the returned chargeable interest. (2) The provisions of this section shall apply in respect of assessments for the assessment year commencing on the 1st day of April, 1992 and subsequent assessment years. ### 13. Penalty For Concealment Of Chargeable Interest. [ Substituted by Act 49 of 1991, s.101 (w.e.f. 1-10-1991). ] - If the Assessing Officer or the Commissioner (Appeals) in the course of any proceeding under this Act, is satisfied that any person has concealed the particulars of chargeable interest or has furnished inaccurate particulars of such interest, he may direct that such person shall pay by way of penalty, in addition to any interest-tax payable by him, a sum which shall not be less than, but shall not exceed three times, the amount of interest-tax sought to be evaded by reason of the concealment of particulars of his chargeable interest or the furnishing of inaccurate particulars of such chargeable interest.] ### 14. Opportunity of being heard. No order imposing a penalty under section 12 or section 13 shall be made unless the assessee has been heard, or has been given a reasonable opportunity of being heard. ### 15. Appeals to the Commissioner Appeals. (1) Any person objecting to the amount of interest-tax for which he is assessed by the [Assessing Officer] [ Substituted by Act 49 of 1991, Section 102 (w.e.f. 10-7-1987).] or denying his liability to be assessed under this Act, or objecting to any penalty or fine imposed by the [Assessing Officer] [ Substituted by Act 49 of 1991, Section 102 (w.e.f. 10-7-1987).] , or to the amount allowed by the [Assessing Officer] [ Substituted by Act 49 of 1991, Section 102 (w.e.f. 10-7-1987).] refusal by the [Assessing Officer] [ Substituted by Act 49 of 1991, Section 102 (w.e.f. 10-7-1987).] to grant relief or to an order of rectification having the effect of enhancing the assessment or reducing the refund, or to an order refusing to allow the claim made by the assessed for a rectification under section 17, may appeal to the Appellate Assistant Commissioner. (2) Every appeal shall be in the prescribed form and shall be verified in the prescribed manner. (3) An appeal shall be presented within thirty days of the following date, that is to say,- (a) where the appeal relates to assessment or penalty or fine, the date of service of the notice of demand relating to the assessment or penalty or fine or (b) in any other case, the date on which the intimation of the order sought to be appealed against is served: Provided that the Appellate Assistant Commissioner may admit an appeal after the expiration of the said period if he is satisfied that the appellant had sufficient cause for not presenting it within that period. (4) The Appellate Assistant Commissioner shall hear and determine the appeal and, subject to the provisions of this Act, pass such orders as he thinks fit and such orders may include an order enhancing the assessment or penalty: Provided that an order enhancing the assessment or penalty shall not be made unless the person affected thereby has been given a reasonable opportunity of showing cause against such enhancement. (5) The procedure to be adopted in the hearing and determination of the appeals shall, with any necessary modification, be in accordance with the procedure applicable in relation to income-tax. ### 15A. [\\\\*] [ Omitted by Act 49 or 1991, Section 103 (w.e.f.1.10.1981).] ### 16. Appeals to Appellate Tribunal. (1) Any assessee aggrieved by an order passed by a Commission under section 19, or an order passed by an Appellate Assistant Commissioner under any provision of this Act, may appeal to the Appellate Tribunal against such order. (2) The Commissioner may, if he objects to any order passed by the Appellate Assistant Commissioner under any provision of this Act, direct the [Assessing Officer] [ Substituted by Act 49 or 1991, Section 104, (w.e.f. 1-10-1991).] to appeal to the Appellate Tribunal against the order. (3) Every appeal under subsection (1) or sub-section (2) shall be filed within sixty days of the date on which the order sought to be appealed against is communicated to the assessee or to the Commissioner, as the case may be. (4) The [Assessing Officer] [ Substituted by Act 49 or 1991, Section 104, (w.e.f. 1-10-1991).] or the assessee, as the case may be, on receipt of notice that an appeal against the order of the Appellate Assistant Commissioner has been preferred under sub-section (1) or sub-section (2) by the other party may, notwithstanding that he may not have appealed against such order or any part thereof, within thirty days of the receipt of the notice, file a memorandum of cross-objections, verified in the prescribed manner, against any part of the order of the Appellate Assistant Commissioner, and such memorandum shall be disposed of by the Appellate Tribunal as if it were an appeal presented within the time specified in sub-section (3). (5) The Appellate Tribunal may admit an appeal or permit the filing of a memorandum of cross-objections after the expiry of the relevant period referred to in sub-section (3) or sub-section (4), if it is satisfied that there was sufficient cause for not presenting it within that period. (6) An appeal to the Appellate Tribunal shall be in the prescribed form and shall be verified in the prescribed manner and, shall, except in the case of an appeal referred to in sub-section (2) or a memorandum of cross-objections referred to in sub-section (4), be accompanied by a fee of one hundred and twenty five [two hundred rupees] [ Substituted by Act 16 of 1981, Section 44 (w.e.f. 1-6-1978). ] (7) Subject to the provisions of this Act, in hearing and making an order on any appeal under this section, the Appellate Tribunal shall exercise the same powers and follow the same procedure as it exercises and follows in hearing and making an order on any appeal under the Income-tax Act. ### 17. Rectification of mistakes. (1) With a view to rectifying any mistake apparent from the record, the Commissioner, the [Assessing Officer] [ Substituted by Act 49 of 1991, Section 105 (w.e.f. 1.10.1991) ] the the Appellate Assistant Commissioner and the Appellate Tribunal may, of his, or its, own motion or on an application by the assessee in this behalf, amend any order passed by him or it in any proceeding under this Act [within four years from the end of the financial year in which such order was passed] [ Substituted by Act 67 of 1984, Section 82 (w.e.f. 1-10-1984). ] (2) An amendment which has the effect of enhancing the assessment or reducing a refund or otherwise increasing the liability of the assessee shall not be made under this section unless the authority concerned has given notice to the assessee of its intention so to do and has allowed the assessee a reasonable opportunity of being heard. (3) Where an amendment is made under this section, the order shall be passed in writing by the authority concerned. (4) Subject to the other provisions of this Act, where any such amendment has the effect of reducing the assessment, the [Assessing Officer] [ Substituted by Act 49 of 1991, Section 105 (w.e.f. 1.10.1991) ] shall make any refund which may be due to such assessee. (5) Where any such amendment has the effect of enhancing the assessment or reducing the refund already made, the [Assessing Officer] [ Substituted by Act 49 of 1991, Section 105 (w.e.f. 1.10.1991) ] shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable. ### 18. [ Interest-tax deductible in computing total income under the Income-tax Act. [ Substituted by Act 49 of 1991, Section 106 (w.e.f. 1-10-1991).] Notwithstanding anything contained in the Income-tax Act, in computing the income of a credit institution chargeable to income-tax under the head "Profits and gains of business or profession" or under the head "Income from other sources", the interest-tax payable by the credit institution for any assessment year shall be deductible from the income, under the respective heads, of the credit institution assessable for that assessment year.] ### 19. Revision of order prejudicial to revenue. (1) The Commissioner may call for and examine the record of any proceeding under this Act, and if he considers that any order passed therein by the [Assessing Officer] [ Substituted and Inserted by Act 49 of 1991, Section 107 (w.e.f. 1-10-1991).] is erroneous in so far as it is prejudicial to the interests of the revenue, he may, after giving the assessee an opportunity of being heard and after making or causing to be made such enquiry as he deems necessary, pass such order thereon as the circumstances of the case justify, including an order enhancing or modifying the assessment, or cancelling the assessment and directing a fresh assessment. Explanation.-For the removal of doubts, it is hereby declared that, for the purposes of this sub-section,- (a) "record" shall include and shall be deemed always to have included all records relating to any proceeding under this Act available at the time of examination by the Commissioner; (b) where any order referred to in this sub-section is the subject matter of any appeal, the power of the Commissioner under this subsection shall extend to all such matters as had not been considered and decided in such appeal.] (2) [ No order shall be made under sub-section (1) after the expiry of two years from the end of the financial year in which the order sought to be revised was passed."] [ Inserted & Substituted by Act 67 of 1984, Section 83 (w.e.f. 1-10-1984)] (3) Notwithstanding anything contained in sub-section (2), an order in revision under this section may be passed at any time in the case of an order which has been passed in consequence of, or to give effect to, any finding or direction contained in an order of the Appellate Tribunal, the High Court or the Supreme Court. Explanation.-In computing the period of limitation for the purposes of sub-section (2) [the time taken in giving an opportunity to the assessee to be re-heard under the priviso to section 129 of the Income-tax Act, as applicable to this Act by virtue of section 21 of this Act, and"] [ Substituted and Inserted by Act 49 of 1991, Section 107 (w.e.f. 1-10-1991).] any period during which any proceeding under this section is stayed by an order or injunction of any court shall be excluded. ### 20. Revision of Order by Commissioner. (1) The Commissioner may, either of his own motion or on an application by the assessee for revision, call for the record of any proceeding under this Act which has been taken by an [Assessing Officer] [ Substituted and Inserted by Act 49 of 1991, Section 109 (w.e.f. 1-10-1991).] subordinate to him and may, make such enquiry or cause such enquiry to be made and, subject to the provisions of this Act, may pass such order thereon, not being an order prejudicial to the assessee, as he thinks fit. (2) The Commissioner shall not of his own motion revise any. order under this section if the order has been made more than one year previously. (3) In the case of an application for revision under this 'section by the assessee, the application shall be made within one year from the date on which the order in question was communicated to him or the date on which he otherwise came to know of it, whichever is earlier: Provided that the Commissioner may, if he is satisfied that the assessee was prevented by sufficient cause from making the application within that period, admit an application made after the expiry, of that period. (4) The Commissioner shall not revise any order under this section in the following cases- (a) where an appeal against the order lies to the Appellate Assistant Commissioner or to the Appellate Tribunal but has not been made and the time within which such appeal may be made has not expired, or the assessee has not waived his right of appeal; or (b) where the order is pending on an appeal before the Appellate Assistant Commissioner; or (c) where the order has been made the subject of an appeal to the Appellate Tribunal. (5) , Every application by an assessee for revision under this section shall be accompanied by a fee of twenty-five rupees. Explanation 1. An order by the Commissioner declining to interfere shall, for the purposes of this section, be deemed not to be an order prejudicial to the assessee. Explanation 2. For the purpose of this section, the Appellant Assistant Commissioner shall be deemed to be an authority subordinate to the Commissioner. ### 21. Application of provisions of Income-tax Act. The provisions of the following sections and Schedule of the Income-tax Act and the Income-tax (Certificate Proceedings) Rules, 1962 as in force from time to time, shall apply with necessary modifications as if the said provisions and the rules referred to interest-tax instead of to income-tax;-- [2 (44) , 129, 131, 132, 132A, 132B, 133 to 136 (both inclusive), 138, 140, 145, 156, 160, 161, 162, 163, 166, 167, 170, 173, 175 176, 178, 179, 220 to 227 (both inclusive), 228A, 229, 232, 237 to 245 (both inclusive), 254 to 262 (both inclusive), 265, 266, 268, 269, 281, 281B, 282, 284, 287, 288, 288A, 288B, 289 to 293 (both inclusive), the Second Schedule and the Third Schedule.] [ Substituted by Act 49 of 1991, Section 109 (w.e.f. 1-10-1991).] Provided that references in the said provisions and the rules to the "assessee" shall be construed as references to an, assessee as defined in this Act. ### 22. Income-tax papers to be available for the purposes of this Act. (1) Notwithstanding anything contained in the Income-tax Act, all information contained in any statement or return made or furnished under the provisions of that Act or obtained or collected for the purposes of that Act may be used for the purposes of this Act. (2) All information contained in any statement or return made or furnished under the provisions of this Act or obtained or collected for the purposes of this Act may be used for the purposes of the Income-tax Act. ### 23. [ Failure comply with notices. [Substituited by Act No. 49 of 1991 w.e.f. 1.10.1991 ] If any person fails, without reasonable cause, to produce or cause to be produced, any accounts or documents required to be produced tinder section 8, he shall pay by way of penalty, a sum which shall not be less than one thousand rupees, but which may extend to twenty-five thousand rupees, for each such failure.] ### 24. False statements. [Substituited by Act No. 49 of 1991 w.e.f. 1.10.1991 ] If a person makes a statement in any verification under this Act or any rule made thereunder, or delivers an account or statement which is false, and which he either knows or believes to be false or does not believe to be true, he shall be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend Lo sever. years and with fine. ### 25. Wilful attempt to evade tax, etc. [Substituited by Act No. 49 of 1991 w.e.f. 1.10.1991 ] If a person wilfully attempts in any manner whatsoever to evade any interest-tax, penalty or interest chargeable or impassable, under this Act, he shall, without prejudice to any penalty that may be impassable on him under any other provision of this Act, be punishable with 'rigorous imprisonment for a term which shall not be less than three months but which may extend to seven years and with fine. Explanation.-For the purposes of this section, a wilful attempt to evade any 'interest-tax, penalty or interest chargeable or impassable under this Act or the payment thereof shall include a case where any person- (i) has in his possession or control any books of account or other documents (being books of account or other documents relevant to any proceeding under this Act) containing a false entry or statement; or (ii) makes or causes to be made any false entry or statement in such books of account or other documents; or (iii) wilfully omits or causes to be omitted any relevant entry or statement in such books of account or other documents; or (iv) causes any other circumstances to exist which will have the effect of enabling such per-son to evade any interest-tax, penalty or interest chargeable or impassable under this Act or the payment thereof. ### 26. Abetment of false returns, etc. [Substituited by Act No. 49 of 1991 w.e.f. 1.10.1991 ] If a person abets or induces in any manner another person to make and deliver any account or a statement or declaration relating to any chargeable interest which is false and which he either knows or believes to be false or does not believe to be true or to commit an offence under section 25, he shall be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to seven years and with fine. ### 26A. Offences by credit institutions. [Section 26A, 26B and 26C added by Act No 49 of 1991. w.e.f. 1.10.1991] (1) Where an offence under this Act has been committed by a credit institution, every person who, at the time the offence was committed, was in charge of, and was responsible to, the credit institution or the conduct of the business of the credit institution as well as the credit institution shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a credit institution and it is proved that the offence has been committed with the concent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the credit institution, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.-For the purposes of this section, "director", in relation to a co-operative society, means any member controlling the affairs thereof. ### 26B. Institution of proceedings and composition of offences. [Section 26A, 26B and 26C added by Act No 49 of 1991. w.e.f. 1.10.1991] (1) A person shall not be proceeded against for any offence under section 24 or section 25 or section 26 or for any offence under the Indian Penal Code, except with the previous sanction of the Commissioner or Commissioner (Appeals): Provided that the Chief Commissioner or, as the case may be, Director General may issue such instructions or directions to the aforesaid interest-tax authorities as he may deem fit for institution of proceedings under this sub-section. (2) Any offence under the sections referred to in sub-section (1) may, either before or after the institution of proceedings, be compounded by the Chief Commissioner or Director General. Explanation.-For the removal of doubts, it is hereby declared that the power of the Board to issue orders, instructions or directions under this Act shall include the power to issue instructions or directions (including instructions or directions to obtain the previous approval of the Board) to other interest-tax authorities for the proper composition of offences under this section. ### 26C. Power of credit institutions to vary certain agreements. [Section 26A, 26B and 26C added by Act No 49 of 1991. w.e.f. 1.10.1991] Notwithstanding anything contained in any agreement under which any term loan has been sanctioned by the credit institution before the 1st day of October, 1991, it shall be lawful for the credit institution to vary the agreement, so as to increase the rate of interest stipulated therein to the extent to which such institution is liable to pay the interest-tax under this Act in relation to the amount of interest on the term loan which is due to the credit institution. Explanation. For the purposes of this section, "term loan" means a loan which is not repayable on demand.] ### 27. Power to make rules. (1) The Board my, subject to the control of the Central Government, by notification in the official Gazette, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such [rules] [Substituted by Act 49 of 1991, Section 110 (w.e.f. 1-10-1991)] may provide for all or any of the following matters, namely: - (a) the form in which returns under section 7 may be furnished and the manner in which they may be Verified; (b) the form in which appeals under section 15 or section 16 may be filed and the manner in which they may be verified (c) the procedure to be followed on applications for rectification of mistakes and applications for refunds-, (d) any other matter which by this Act is to be, or may be, prescribed. (3) The power to make rules conferred by this section shall on the first occasion of the exercise thereof include the power to give retrospective effect to the rules or any of them from a date not earlier than the date of commencement of this Act. (4) The Central Government shall cause every rule made under this section to be laid, as soon as may be, after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree In making any 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. ### 28. Power to exempt. Where the Central Government is of the opinion that it is necessary or expedient so to do either in the public interest or having regard to the peculiar circumstances of the case, it may, by notification, and subject to conditions, if any, as may be specified in the notification, exempt [any credit institution or any class of credit institutions or any interest on any category of loans advances] [Substituted by Act 49 of 1991, Section 111(w.e.f. 1-10-1991). ] levy of interest-tax: Provided that no such exemption shall be made except on the recommendation of the Reserve Bank of India. ### 29. Power to remove difficulty. [(1) ] [ Remembered Act 49 of 1991 Section 112. (w.e.f. 1-10-1991)] . If any difficulty arises in giving effect to the provisions of this Act, Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act. (2) If any difficulty arises in giving effect to the provisions of this Act, as amended by the Finance (No.2) Act, 1991, the Central Government may, by order, do anything not inconsistent with such provisions for the purpose of removing the difficulty: Provided that no such order shall be made after the expiry Of two years from the 1st day of October, 1991. [(3) Every order made under sub-section (2) shall be laid before each House of Parliament.] [ Inserted by Act 49 of 1991 Section 112. (w.e.f. 1-10-1991)] ### 30. Repealed by Act 38 of 1978, Section 2 & Sch. I.
65ba7c8cab84c7eca86eb9e8	acts	Union of India - Act ---------------------- The Constitution (Scheduled Castes) Order (Amendment) Act, 2002 ----------------------------------------------------------------- UNION OF INDIA India The Constitution (Scheduled Castes) Order (Amendment) Act, 2002 ================================================================= Act 25 of 2002 ---------------- * Published on 1 January 2002 * Commenced on 1 January 2002 An Act further to amend the Constitution (Scheduled Castes) Order,1950. BE it enacted by Parliament in the Fifty- third Year of the Republic of India as follows:- ### 1. Short title.- This Act may be called the Constitution (Scheduled Castes) Order (Amendment) Act, 2002 . ### 2. Amendment of the Constitution (Scheduled Castes) Order, 1950 .- The Schedule to the Constitution (Scheduled Castes) Order, 1950 is hereby amended in the manner and to the extent specified hereunder, namely:- (a) in PART XIII.- Orissa,-(i) omit entry 22; (ii) omit entry 90; (iii) after entry 93, insert-" 94. Mangali (in Koraput and Kalahandi districts); ### 95. Mirgan (in Navrangpur district)."; (b) in PART XIV.- Punjab,- (i) for entry 9, substitute-" 9. Chamar, Jatia Chamar, Rehgar, Raigar, Ramdasi, Ravidasi, Ramdasia, Ramdasia Sikh, Ravidasia, Ravidasia Sikh."; (ii) after entry 37, insert-" 38. Mochi."; (c) in PART XIX.- West Bengal,-(i) for entry 22, substitute-" 22. Hari, Mehtar, Mehtor, Bhangi, Balmiki."; (ii) after entry 59, insert-" 60. Chain (in Malda, Murshidabad, Nadia and Dakshin Dinajpur districts).
65ba81fbab84c7eca86ebca7	acts	Union of India - Act ---------------------- Rent A Cab Scheme, 1989 ------------------------- UNION OF INDIA India Rent A Cab Scheme, 1989 ========================= Rule RENT-A-CAB-SCHEME-1989 of 1989 ------------------------------------- * Published on 12 June 1989 * Commenced on 12 June 1989 Rent A Cab Scheme, 1989 Published Vide Notification S.O. 437(E) , dated 12.6.1989, published in the Gazette of India, Extra., Point 2, Section 3(ii), dated 12.6.1989 (w.e.f. 1.7.1989) ### 17. /759 In exercise of the powers conferred by sub-section (1) of section 75 of the Motor Vehicles Act, 1988 ( 59 of 1988 ), the Central Government hereby makes the following Scheme for regulating the business of renting of motor cabs to persons desiring to drive the cabs for their own use and matters connected therewith, namely: ### 1. Short title, commencement and application.- (1) This Scheme may be called Rent A Cab Scheme, 1989. (2) It shall come into force on the first day of July, 1989. (3) It shall apply to all motor cabs to which tourist permits have been issued under sub-s Pction (9) of section 88 of the Act and operating under a licence granted in terms of paragraph 6. ### 2. Definitions.- In this section unless the context otherwise requires: (a) "Act" means Motor Vehicles Act, 1988 ( 59 of 1988 ); (b) "Form" means a Form appended to this Scheme; (c) "licence" means a licence granted or renewed under paragraph 6 to engage in the business of renting of motor cabs to persons desiring to drive the cabs [\* \* \] [ The word " themselves" omitted by S.O. 808(E) , dated 28.11.1991 (w.e.f. 28.11.1991).] for their own use; (d) "licensing authority" means the State Transport Authority constituted under sub-section (1) of section 68 of the Act; (e) "operator" means the holder of a permit issued under sub-section (9) of section 88 of the Act in respect of not less than 50 motor cabs. ### 3. Licensing of operator.- No person shall engage himself in the business of renting a motor cab under this Scheme without a licence. ### 4. Application for grant or renewal of licence.- (1) An application for the grant or renewal of a licence under paragraph 6 shall be made in Form 1 to the licensing authority having jurisdiction in the area in which he resides or has his principal place of business (hereafter referred to as main office) and shall be. accompanied by a fee of rupees five thousand. (2) Where the applicant has, besides the main office, branch office within the jurisdiction of the licensing authority referred to in clause (1), the application shall indicate such place with the number of motor cabs proposed to be stationed at each such place. (3) Where the applicant has branch offices outside the jurisdiction of the licensing authority, the application shall be made to the licensing authority in whose jurisdiction the branch office is situated, in Form 2 accompanied by a fee of rupees one thousand in respect of each such branch office. ### 5. Scrutiny of application.- A licensing authority shall, before granting or renewing a licence take into consideration the following, namely: (i) That applicant has a good moral character and has intimate knowledge of passenger transport business; (ii) That the main office or the branch office of the applicant is eitherowned by the applicant or is taken on lease by him or is hired in his name and it has adequate space for reception room, administrative section, cloak room with locker facilities, sanitary blocks, [adequate parking space] [ Substituted by S.O. 808(E) , dated 28.11.1991, for " sufficient covered space" (w.e.f. 28.11.1991).] for the motor cabs; (iii) That the applicant has necessary facilities for the housing, maintenance and repair of his vehicles; (iv) That the applicant has at least one telephone which is accessible throughout day and night; (v) That the applicant has [branch offices or sub-licensee offices] [ Substituted by S.O. 808(E) , dated 28.11.1991, for " branch offices" (w.e.f. 28.11.1991).] with telephones, in not less than 5 cities of tourist importance with facilities for housing, maintenance and repair of vehicles; (vi) That the financial resources of the applicant are sufficient to provide for the continued maintenance of motor cabs and for the efficient management of the establishment; (vii) That the applicant maintains not less than 50 motor cabs of which 50 per cent are air-conditioned duly covered by permits issued under sub-section (9) of section 88 of the Act, with comprehensive insurance, fitness certificate, motor vehicles tax paid up-to date: Provided that in the case of licence for a branch office situated in a place outside the jurisdiction of the licensing authority, it shall be sufficient, if such branch office maintains not less than five motor cabs. ### 6. Grant of licence.- The licensing authority may, on receipt of an application under paragraph 4 and after satisfying himself that the applicant has complied with the requirements of paragraph 5, grant or renew the licence in Form 3 or, as the case may be, in Form 4: Provided that no application for a licence shall be refused by the licensing authority unless the applicant is given an opportunity of being heard and reasons for such refusal are given in writing by the licensing authority. ### 7. Duration of licence.- A licence granted or renewed under paragraph 6 shall be valid for a period of five years from the date of grant or renewal: Provided that in the case of licenses granted in respect of branch officesreferred to under clause (3) of paragraph 4, the validity of such licence shall be restricted to the validity of the licence granted in respect of main office. ### 8. General conditions to be observed by the holder of the licence.- The holder of a licence shall, (i) maintain a register with a separate page for such vehicle containing the particulars specified in Form 5 and where a motor cab is hired by a foreign national, shall maintain a register in Form 5; (ii) not shift the principal place of business mentioned in the licence without the prior approval in writing of the licensing authority which granted the licence; (iii) keep the premises and all the records and register maintained and the motor cabs open for inspection at all reasonable times by the licensing authority or by any person not below the rank of Motor Vehicle Inspector as may be authorised in this behalf by the licensing authority; (iv) submit, from time to time, to the licensing authority such information and return as may be called for by it; (v) display at a prominent place in its main office and its branch offices, the licence issued in original and certified copies thereof, attested by the licensing authority; (vi) maintain in their main office and branch offices in a conspicuous place a "complaint book" in the Form 7 with serially numbered pages in triplicate. The licensees shall despatch the duplicate copy of complaint, if any, to the licensing authority by registered post expeditiously and in any case not later than 3 days; (vii) maintain a suggestion box in the main office and branch offices and forward their suggestions received with their comments, if any, to the licensing authority, once a month; (viii) where he is having a foreign collaboration with the approval of the Government, this fact should be displayed in the office premises, with the specific approval of Department of Tourism of the Central Government. ### 9. Collection of hire charges.- The holder of a licence shall collect the hire charges from a foreign national or a non-resident Indian only in foreign exchange and shall hold for the purpose a licence to transact in foreign exchange. ### 10. Duties and responsibilities of hirers of motor cabs.- (1) It shall be the duty of every hirer, to keep the holder of the licence, informed of his movements from time to time. (2) If an individual or company has hired the vehicle as a leader of the tourist party, it shall be the duty of such leader of the party to keep the holder of the licence, informed of the movement of each vehicle, from time to time. (3) [ If a hirer so desires, he may engage a person possessing a valid driving licence to drive the vehicle so hired during the period of the hire agreement.] [ Inserted by S.O. 808(E) , dated 28.11.1991 (w.e.f. 28.11.1991).] ### 11. Power of licensing authority to suspend or cancel the licence.- (1) If the licensing authority is satisfied after giving the holder of the licence, an opportunity of being heard, that he has (a) failed to comply with the provisions of paragraphs 8 or 9; or (b) failed to maintain the motor cab in compliance with the provisions of the Act and rules; or (c) any one of his employees has misbehaved with the customers; or (d) any complaint against the licensee by any hirer has been proved beyond reasonable doubt; (i) suspend the licence for a specified period; or (ii) cancel the licence. (2) Where the licence is liable to be cancelled or suspended and the licensing authority is of opinion that having regard to the circumstances of the case, it would not be necessary or expedient to cancel or suspend the licence, if the holden of the licence agrees to pay the fine, that may be imposed by the licensing authority, then notwithstanding anything contained in clause (1), the licensing authority may, instead of cancelling or suspending the licence, as the case maybe, recover from the holder of the licence, the said fine. (3) For the purpose of recovery of the sum of money agreed upon, the State Government may, by notification in the Official Gazette, specify the amount recoverable for each day of suspension and the amount recoverable in lieu of cancellation of the licence and specify the time within which the sum of money agreed upon is payable failing which the orders passed under clause (1) shall be implemented. (4) When the licence is suspended or cancelled under clause (1), the holder of the licence shall surrender the licence to the licensing authority. ### 12. Appeal.- Any person aggrieved by any order of the licensing authority under paragraph 6 or paragraph 11, may within 30 days of the receipt of the order, appeal to the State Transport Appellate Tribunal. ### 13. Procedure for appeal.- (1) An appeal under rule 12 shall be preferred in duplicate in the form of a memorandum setting forth the ground of objections to the order of the licensing authority and shall be accompanied by a fee as may be specified by the State Government, by notification, in the Official Gazette. (2) The State Transport Appellate Tribunal may, after giving an opportunity to the parties to be heard and after such enquiry as it may deem necessary, pass appropriate order. ### 14. Voluntary surrender of the licence.- The holder of a licence may at any time surrender the licence issued to him to his licensing authority which granted the licence and, on such surrender, the licensing authority shall cancel the licence. The holder of the licence before surrendering the licence shall clear the dues referred to in clause (2) of paragraph 11. FORM 1 [See paragraph 4(1) ] APPLICATION FOR GRANT OR RENEWAL OF LICENCES FOR RENTING OF MOTOR CABS IN RESPECT OF MAIN OFFICE To The State Transport Authority, ..................................... State/UT I, the undersigned, hereby apply for a licence for renting motor cabs in the State of ........................................................................................................................................................... ### 1. Full name ...................................................................................................................................Son/wife/daughter of ............................................................................................................ ### 2. (a) Full address ......................................................................................................................... (b) Telephone No ...................................................................................................................... ### 3. Age ............................................................................................................................................. ### 4. (a) Experience in the Management of transport business ................................................. (b) No. of motor cabs held with valid permits ....................................................................... ### 5. Particulars of licence, if already held .................................................................................... ### 6. (a) Place where the applicant has his main office with detailed address .......................... (b) Place where the applicant has his branch office with detailed address ....................... Name of Town(s) (c) The number of motor cabs to be stationed in each branch office ................................... ### 7. Nature and extent of financial resources of the applicant ................................................... ### 8. Particulars of motor cabs owned alongwith details of registration mark ......................... ### 9. Full description of the place where the business is to be carried on (a) Location, open area, covered area .................................................................................... (b) Any other particulars ......................................................................................................... 10.1 am conversant with the conditions for carrying the business for renting of motor cabs 11.1 hereby declare that to the best of my knowledge and belief the particulars given above are correct and true The prescribed fee of rupees five thousand is paid by ............................................................ [Here indicate mode of payment] Place : Date : Signature of applicant FORM 2 [See paragraph 4(3) l, APPLICATION FOR GRANT OR RENEWAL OF LICENCE FOR RENTING OF MOTOR CABS IN RESPECT OF BRANCH OFFICE, IN ANOTHER STATE To The State Transport Authority, .................................... State/UT I, the undersigned hereby apply for a licence for renting motor cabs in my branch office in the State of ....................................................................................................................................... ### 1. Full name Son/wife/Slaughter of ............................................................................................................ ### 2. (a) Full address (branch office) ............................................................................................... (b) Telephone No ...................................................................................................................... ### 3. Age ............................................................................................................................................. ### 4. (a) Experience in the management of transport business ................................................... (b) Number of motor cabs held with valid permits in the proposed branch office .......... ### 5. Particulars of licence, held for main office (a) Authority which granted the licence ................................................................................ (b) Date of issue ......................................................................................................................... (c) Date of expiry ...................................................................................................................... ### 6. Place where the applicant has main office ........................................................................... ### 7. Nature and extent of financial resources of the applicant .................................................. ### 8. Particulars of motor cabs owned with details of permits, registration number, etc........ ### 9. Full description of branch office where the business is to be carried out (a) Location, open area, covered area .................................................................................... (b) Any other particulars ......................................................................................................... 10.1 hereby declare that to the best of my knowledge and belief the particulars given above are correct and true. The prescribed fee of rupees one thousand is paid by\ ........................................................... Place: Date:Signature of applicant (\*Here indicate the mode of payment). FORM 3 [See paragraph 6] LICENCE FOR RENTING MOTOR CABS-MAIN OFFICE Name of the operator Son/wife/daughter of Full address of the place of business Registration mark of motor cabs authorised for renting \| \| \| \| \| --- \| --- \| --- \| \| Main Office \| Branch Office \| \| \| 1. \| 2. \| 3. \| \| 4. \| 5. \| 6. \| \| 7. \| 8. \| 9. \| \| 10. \| 11. \| 12. \| is licensed to rent motor cab. This licence is issued on ................................ and is valid up to ...................................................... State Transport Authority ............................ State/UT Renewal Renewed from ................................................... to ..............................................:.............................. State Transport Authority ........................... State/UT FORM 4 [See paragraph 6] LICENCE FOR RENTING MOTOR CABS-BRANCH OFFICE Name of the operator Son/wife/daughter of Full address of the branch office ...................................................................................................... Address where the main office is situated ..................................................................................... Licence number and the authority which issued the licence with its date of expiry ...................................................................................................................................................................... Registration mark of motor cabs authorised for renting in the branch office is licensed to rent motor cabs ............................................................................................................................................ This licence is issued on ................................ and is valid up to ...................................................... State Transport Authority .............................State/UT Renewal Renewed from ................................................... to ............................................................................. State Transport Authority ............................. State/UT FORM 5 [See paragraph 8] REGISTER TO BE MAINTAINED BY RENT A MOTOR CAB LICENSEE \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| \| Sl.No \| Name of Hirer \| Full Address \| Telephone No. if any \| Motor driving licence No. \| \| 1 \| 2 \| 3 \| 4 \| 5 \| \| Issued by (Authrity) \| Class of vehicle \| Date of issue \| Date of expiry \| Date and time of hire \| \| 6 \| 7 \| 8 \| 9 \| 10 \| \| Date and time of returning vehicle \| Motor vehicle used for total kilometres \| Signature of hirer \| Remarks \| \| 11 \| 12 \| 13 \| 14 \| \| \| \| \| \| \| \| \| \| FORM 6 [See paragraph 8(i) ] REGISTER TO BE MAINTAINED BY RENT A MOTOR CAB LICENSEE IN CASE WHERE THE MOTOR CAB IS HIRED TO A FOREIGNER \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| Sl.No \| Name of hirer \| Full address \| Telephone No., if any \| Motor driving licence No. \| Issued by (Authority) \| Class of vehicle \| \| 1 \| 2 \| 3 \| 4 \| 5 \| 6 \| 7 \| \| Date of issue \| Date of expiry \| Passport No. \| Issued by the authority/and State/Nation \| Date of issue of passport \| Date of expiry \| Date of birth as per passport \| \| 8 \| 9 \| 10 \| 11 \| 12 \| 13 \| 14 \| \| Driving permit No., if any \| Date of issue of driving permit \| Class of vehicle authorised to drive vehicle \| Date and time of hire \| Date and time of returning \| Motor vehicle used for total kms.0 \| Signature of hirer \| Remarks \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| \| FORM 7 [See paragraph 8(vi) ] COMPLAINT BOOK (With pages serially numbered in triplicate) ### 1. Name of the complainant ........................................................................................................ ### 2. Full address .............................................................................................................................. ### 3. The name and address of the holder of the licence for "Rent a Cab.................................... ### 4. Licence number and the authority which issued the licence ............................................. ### 5. The date and time of hiring the vehicles and date and time when the vehicle wasreturned ..................................................................................................................................... ### 6. Vehicle number ........................................................................................................................ Complaint in brief .................................................................................................................... Date: Place: Signature ### 1. The State Transport Authority by registered post ....................(Duplicate copy) ### 2. The Complainant ............................................................................(Triplicate copy )
65b94c81ab84c7eca86e8d35	acts	State of Chattisgarh - Act ---------------------------- Chhattisgarh Educational Institutions (Reservation in Admission) Act, 2012 ---------------------------------------------------------------------------- CHHATTISGARH India Chhattisgarh Educational Institutions (Reservation in Admission) Act, 2012 ============================================================================ Act 9 of 2012 --------------- * Published on 30 March 2012 * Commenced on 30 March 2012 Chhattisgarh Educational Institutions (Reservation in Admission) Act, 2012 (Act No. 9 of 2012 ) Last Updated 14th October, 2019 [Dated 30.03.2012] An Act to provide for reservation in admission of the students belonging to the Scheduled Tribes, the Scheduled Castes and the Other Backward Classes of citizens, to certain Educational Institutions established, maintained or aided by the State Government and for matters connected therewith or incidental thereto. Be it enacted by the Chhattisgarh Legislature in the Sixty-third Year of the Republic of India, as follows : - ### 1. Short title, extent and commencement. (1) This Act may be called the Chhattisgarh Educational Institutions (Reservation in Admission) Act, 2012. (2) It extends to the whole State of Chhattisgarh. (3) It shall come into force on such date as the State Government may, by notification, appoint. Notes: Date of enforcement Notification. - Notification No. F 13-8/2012/R.C./1-3 dated the 30th March, 2012. - In exercise of the powers conferred by sub-section (3) of Section 1 of the Chhattisgarh Educational Institutions (Reservation in Admission) Act, 2012 ( No. 9 of 2012 ), the State Government, hereby, appoints the Thirtieth day of March, 2012 as the date on which said Act shall come into force. ### 2. Definitions. - In this Act, unless the context otherwise requires, - (a) "Academic Session" means the period in a calendar year, or a part thereof, during which an Educational Institution is open for teaching or instruction in any branch of study or faculty; (b) "Admission Test" means the examination conducted by or on behalf of the State Government or an Educational Institution for determining the eligibility of students for admission to Educational Institutions, and includes the Pre-Medical Test (PMT), the Pre-Engineering Test (PET), the Pre-Agriculture Test (PAT) or any other test, by whatever name it may be called; (c) "Annual Permitted Strength" means the number of seats in a course or programme for teaching or instruction in each branch of study or faculty authorized by an appropriate authority for admission of eligible students to an Educational Institution; (d) "Appropriate Authority" means the University Grants Commission, the Bar Council of India, the Medical Council of India, the All India Council for Technical Education, the Nursing Council of India, the Dental Council of India, Central Council of India Medicine or any other authority or body established by any act for the time being in force, for the determination, coordination or maintenance of standards of higher education in any Educational Institution; (e) "Cut-off Date(s)" means the date(s) of admission to a course or programme of teaching or instruction in a branch of study or faculty in an academic session, as may be declared by the State Government or the Educational Institution, as the case may be, for the purposes of the filling up vacant seats under clause (a), (b) and (c) of Section 3; (f) "Educational Institution" means, - (i) A university established or incorporated by or under an Act of the Legislature of the State of Chhattisgarh; (ii) An institution, other than a minority educational institution referred to in clause (1) of Article 30 of the Constitution, maintained by or receiving aid from the State Government, whether directly or indirectly, and affiliated to a university referred to in clause (i); (iii) An educational institution established by the State Government under the Chhattisgarh Societies Registration Adhiniyam, 1973 (No. 44 of 1973); (g) "Eligible Students" means those students who are eligible to be admitted to a course or programme of teaching or instruction in a branch of study or faculty, and possessing such qualifications as may be prescribed by the appropriate authority or the University or the State Government, as the case may be, or declared to be eligible, where so required, by the University or body authorized by the State Government for conducting the admission test, in respect of the admission to such course or programme of teaching or instruction in the branch of study or faculty; (h) "Faculty" means the faculty of an Educational Institution; (i) "Other Backward Classes" means the class or classes of citizens, not belonging to the creamy layer of society, who are socially and educationally backward and are so determined from time to time by State Government; (j) "Scheduled Castes" means the Scheduled Castes as notified in relation to the State of Chhattisgarh under Article 341 of the Constitution; (k) "Scheduled Tribes" means the Scheduled Tribes as notified in relation to the State of Chhattisgarh under Article 342 of the Constitution; (l) "Teaching or Instruction in any Branch of Study" means teaching or instruction in a branch of study leading to the award of diploma or degree at the bachelor (under-graduate), masters (post-graduate) and doctoral levels. ### 3. Reservation of seats in Educational Institutions. - The reservation of seats in admission to each academic session, and its extent in an Educational Institution shall be in the following manner, namely - (a) out of the annual permitted strength in each branch of study or faculty, thirty two percent seats shall be reserved for the Scheduled Tribes; (b) out of the annual permitted strength in each branch of study or faculty, twelve percent seats shall be reserved for the Scheduled Castes; (c) out of the annual permitted strength in each branch of study or faculty, fourteen percent seats shall be reserved for the Other Backward Classes: Provided that where the seats reserved for the Scheduled Tribes remain vacant due to non-availability of eligible students on the cut-off date(s) . the same shall be filled from among eligible students belonging to the Scheduled Castes and vice versa. Provided further that where seats reserved under clause (a) , (b) and (c) remain vacant on the cut-off date(s), even after the arrangement referred to in the foregoing proviso, the same shall be filled from other eligible students. Provided also that the State Government may, for the purpose of giving effect to reservation under this section, aggregate the annual permitted strength of any or all branches of study at the post-graduate or higher levels, if in the opinion of the State Government such reservation cannot be made in such branch or branches of study taken alone. ### 4. Horizontal reservation for special categories. (1) The reservation of seats provided under clause (a), (b) and (c) of Section 3 shall be determined vertically. (2) The percentages of horizontal reservation in respect of persons with disabilities, women, ex-service personnel, wards of freedom fighters, or other special categories of persons shall be as are notified for the purposes of this Act by the State Government from time to time, and shall be made within the vertical reservation under clause (a), (b) and (c), as the case may be, of Section 3. ### 5. Power to make rules and remove difficulties. (1) The State Government may make rules to carry out the provisions of this Act. (2) If any difficulty arises in giving effect to the provisions of this Act, the State 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. (3) Every rule made under this Act, and every provision made under sub-section (2) of this section, shall be laid, as soon as may be after it is made, before the State Legislature while it is in session.
65ba3f2aab84c7eca86ead96	acts	State of Manipur - Act ------------------------ The Manipur Cooking Gas (Licensing and Control) Order, 1986 ------------------------------------------------------------- MANIPUR India The Manipur Cooking Gas (Licensing and Control) Order, 1986 ============================================================= Rule THE-MANIPUR-COOKING-GAS-LICENSING-AND-CONTROL-ORDER-1986 of 1986 ----------------------------------------------------------------------- * Published on 5 September 1986 * Commenced on 5 September 1986 The Manipur Cooking Gas (Licensing and Control) Order, 1986 Published vide Notification No. 21/5/86-FCS, dated 5th September, 1986 Last Updated 7th February, 2020 Notification No. 21/5/86-FCS. - Whereas the Governor is of opinion that it is necessary and expedient so to do for maintaining supplies and for securing equitable distribution and availability at fair prices of cooking gas in Manipur. Now, therefore, in exercise of the powers conferred by Section 3 of the Essential Commodities Act, 1955 (10 of 1955), read with the Government of India, Minister of Industry and Civil Supplies (Department of Civil Supplies and Co-operation) Order No. S.O. 681 (E) dated the 30th November, 1974, the Governor is pleased hereby to make the following order : ### 1. Short title, extent and commencement. (1) This may be called the Manipur Cooking Gas (Licensing and Control) Order, 1986. (2) It extends to the whole of Manipur. (3) It shall come into force at once. ### 2. Definitions. - In this order, unless the context otherwise requires :- (a) "Collection" has the same meanings as in Clause (ia) of Section 2 of the Essential Commodities Act, 1955 (10 of 1955); (b) "Consumer" means a person whose name is registered with a dealer for getting supply of cooking gas from that dealer; (c) "Dealer" means person including a firm, an association of persons, a company, a corporation a co-operative society engaged in the business of purchase, sale or storage for sale, of cooking gas on the basis of an agreement with an oil company, whether or not in conjunction with any other business and includes his representative, employee, agent or commission agent but does not include an oil company. (d) "Director" means the Director, Department of Food and Civil Supplies Government of Manipur and includes any other officer of the said Department, not below the rank of Assistant Director authorised by the State Government in this behalf to perform all or any of the functions of the Director under this order; (e) "District Magistrate" includes Deputy Commissioner of a district an Additional District Magistrate, an Additional Deputy Commissioner, a Sub-Divisional Officer and any other officer, not below the rank of Assistant Director of Food and Civil Supplies, authorised by the Dist. Magistrate or the Deputy Commissioners, as the case may be, in writing to perform all or any of the functions of the District Magistrate under this order; (f) "Form" means a form appended to this order; (g) "Licensee" means a person holding a valid licence granted under this order; (h) "Licensing Authority" means the District Magistrate having jurisdiction; (i) "Oil Company" means any of the following Oil Companies :- (1) Indian Oil Corporation Limited. (2) Hindustan Petroleum Corporation Limited. (3) Bharat Petroleum Corporation Limited. (4) Indo-Burma Petroleum Company Limited. (j) "State Government" means the Government of Manipur in the Food and Civil supplies Department; and (k) "Year" means year reckoned according to the English Calender. ### 3. Regulation of sale and supply of and business in cooking gas. (1) every dealer shall, within twenty-four hours of the commencement of this order display a stock-cum-price board as per proforma of the oil companies at a prominent place of his business premises, including the place of stroke showing the following particulars: (i) opening balance of filled, empty and defective cylinders; (ii) the backlog of the refill orders to be supplied as on the preceding working day; (iii) date up to which new connection have been released. (2) Subject to the provisions of any direction under sub-paragraph (8), no dealer having stocks of cooking gas in his business premises, including place of storage, shall refuse to sell the same on any day during working hours to any consumer whose name is registered with him according to the chronology of placing of orders. Explanations - For the purpose of this sub-paragraph the expression working hours means "the working hours" observed by the dealer immediately prior to the commencement of this order and such working hours shall be displayed prominently at the place of his business and the place or places of storage of cylinders. (3) Notwithstanding anything to the contrary contained in any other law for the time being in force, no dealer shall keep his business premises including the place of storage closed during working hours on any day without the prior permission in writing of the licensing authority. (4) Every dealer shall take all reasonable steps to ensure that he has adequate stocks of cooking gas at his business premises including the place of storage at all times by placing indents at the nominated supply points of the oil companies 120 hours in advance or as per the indenting policy of the oil companies. (5) No dealer shall sell cooking gas at price higher than that fixed by the oil company from which he gets supply, nor shall be refuse to make home delivery according to the requirement of the consumer whose name is registered with him. (6) (a) Every dealer shall maintain true and correct accounts of purchase, sale and storage of cooking gas at his business premises, to be written upon in ink at the end of each day in the proforma of the oil companies showing :- (i) the opening stock of the day filled, empty and defective cylinders, (ii) the quantity received during the day filled, empty and defective cylinders, (iii) the quantity sold, delivered or otherwise disposed of during the day filled empty and defective cylinders, (iv) the closing stock of the day-filled empty and defective cylinders, (v) such other particulars as the State Government may, be order in writing specify. (b) Every dealer shall maintain a register in which the placing of orders for refills of cooking gas shall be recorded daily chronologically. (7) With effect from such date as the State Government may by notification in the Official Gazette appoint, no person shall carry on business in cooking gas as a dealer except under and in accordance with a licence granted under this order. (8) Every licensee or any person employed by him or acting on his behalf shall comply with such general directions as.may be issued in writing by the State Government in regard to purchase, sale or storage for sale, of cooking gas and with such special directions as may be issued in writing by the State Government in regard to purchase, sale or storage for sale, of cooking gas and with such special directions as may be issued in writing by the licensing authority for proper distribution of cooking gas and for carrying out the purposes of this order. (9) Any contravention of any direction, including special direction issued under sub-paragraph (8), shall be deemed to be a contravention of this order. (10) Without prejudice to the generality of the provisions of sub-paragraph (8), such directions issued by the State Government may provide for- (a) prohibition of sale of cooking gas to any category of consumer except on the basis of permit; (b) nomination of officers for issue of such permits; (c) fixing the scale at which cooking gas shall be issued to any category of consumer; (d) specification of the form in which permits shall be issued; (e) the language and the manner in which accounts of sale of cooking gas shall be maintained and stock returns furnished; (f) drawal of the requirement of cooking gas by a consumer from a specified licensee; (g) such other matters necessary for, or incidental to the implementation of the directions issued under sub-paragraph (8). (11) The provisions of this order regarding powers of the licensing authorities for issuing special directions to licensees shall apply, mutatis mutandis to the authorities nominated by the State Government for issue of permits. ### 4. Application for and grant of Licence. - An application for licence under sub-paragraph (i) of paragraph 3 shall be made to the licencing authority in Form 'A' and the licensing authority shall grant licence in Form 'B' on payment of a fee of Rs. 100/- (Rupees one hundred) in non-judicial stamp within thirty days, if the application is found to be in order, (2) Every licence granted under sub-paragraph (ii) shall be subject to such conditions as may be specified therein and to such other conditions as the licensing authority may impose from time to time for the sake of fair distribution of cooking gas. (3) Every licence granted under sub-paragraph (i) shall be valid up to the 31st of December next following the date of issue and may be renewed for a period not exceeding three years at a time on an application made in this behalf to the licensing authority before the expiry of the period of validity of the licence and on payment of a fee in non-judicial stamp at the rate of Rs. 100/- (Rupees one hundred) per year; provided that the period of validity of a licence shall not be deemed to have expired, if an application for its renewal made in accordance with the provisions of this sub-paragraph is pending with the Licensing Authority. (4) If a licence is defaced, mutilated, lost or destroyed, the licensing authority may, after making such enquiry as he deems necessary, issue a fresh licence in place thereof on payment of a fee of Rs. 100/- (Rupees one hundred) non-judicial stamp and thereupon the licence so defaced, mutilated, lost or destroyed shall be deemed to have been cancelled. ### 5. Power of licensing authority to refuse to grant or renew licence. - The licensing authority may, after giving the applicant an opportunity of stating his case- in writing and for reasons to be recorded in writing refuse to grant or renew a licence. ### 6. Power of licensing authority to suspend or cancel a licence. (1) No licensee shall contravene any of the conditions of the licence and any contravention of any such condition shall be deemed to be contravention of this order. (2) If a licensee or any person acting on his behalf contravenes any of the provisions of this order, then notwithstanding anything contained in paragraph 4 and without prejudice to any other action that may lawfully be taken against him, the licensing authority may, be order, suspend the licence and, after giving the licence and opportunity of hearing cancel the licence. (3) Notwithstanding anything contained in sub-paragraph (2), where a licensee has been convicted under Section 7 of the Essential Commodities Act, 1955 (10 of 1955), the licensing authority may, by order cancel his licence; provided that if such conviction is set a side on appeal or revision, the licensing authority shall re-issue the licence to him on an application being made to it. (4) On cancellation or suspension of licence under sub-paragraph (2) or sub-paragraph (3) or on licence ceasing to be valid, the licensee shall surrender the same to the licensing authority within seven days from the date of such suspension of cancellation or cessation of validity as the case may be, and shall dispose of the stock of cooking gas available with him in accordance with the direction of the licensing authority. (5) On the cancellation or suspension of a licence, the licensee shall not be entitled to get any supply of cooking gas from any oil company and the licensing authority in consolation with the oil companies shall link the consumers registered with that licensee to one or more other licensees as may be considered convenient. ### 7. Appeal. (1) any person aggrieved by an order passed by the licensing authority under paragraph 5 or paragraph 6 may within thirty days of such order prefer an appeal to the Secretary to the Government of Manipur in the Department of Food and Civil Supplies : Provided that on sufficient ground being shown, the appellate authority may condone the delay in preferring the appeal. (2) On receipt of an appeal under sub-paragraph (1), the appellate authority, shall after giving the appellant and the licensing authority, concerned a reasonable opportunity of being heard, dispose of the appeal as expeditiously as possible. (3) The appellate authority may direct that order appealed against shall not take effect pending to disposal of the appeal. ### 8. Restriction on consumption of cooking gas. (1) No consumer shall draw his requirement of cooking gas except from a licensee. (2) No consumer shall use, cooking gas except for cooking and such other purposes as may be authorised by the State Government under this order. (3) No consumer shall keep in his possession more than two cylinders of cooking gas at a time without a permit obtained from an officer nominated by the State Government under Clause (b) or sub-paragraph (10) of paragraph 3. (4) No person, other than a licensee, a consumer or a holder of a permit issued by an officer nominated by the State Government under Clause (b) of sub-paragraph (10) of paragraph 3, shall have in his possession or under his control cooking gas after the date of issue of the notification under sub-paragraph (7) of paragraph 3. ### 9. Power of entry, search, seizure, etc. (1) Any officer in the Department of Food and Civil Supplies of the State Government not below the rank of Assistant Director or any Police Officer, not below the rank of a D.S.P. may with a view to securing compliance with the provisions of this order. (a) inspect any books of account referred to in sub-paragraph (6) of paragraph (3) as well as any stock of cooking gas belonging to or under the control or possession of any person; (b) require any person to give any information in his a possession with respect to any business or undertaking for purchases, sale or storage, or cooking gas; (c) stop and search any person or vehicle or vessel used or suspected of being used for delivery of cooking gas from a godown or from premises or places where, he has reason to believe cooking gas is stored; (d) enter and search, with such aid or as instance as may be necessary any such godown or premises or places, and (e) seize and remove, with such aid or assistance as may be necessary, the entire quantity of any stock of cooking gas along with the vehicle or vessels or any other conveyances used in carrying such stock if he has person to suspect that any provision of this order has been, is being or is about to be, contravened in respect of such stock and thereafter, takes or authorise the taking of, all measures necessary for securing the production of the stock of cooking gas, vehicle vessels or other conveyance so seized before the Collector having jurisdiction under the provisions of Section 6-A of the Essential Commodities Act, 1955 (10 of 1955) and or their safe custody pending such production : Provided that in exercising the powers under this sub-paragraph, due regard shall be paid to the social and religious customs of the inmates or occupants of the premises or places concerned. (2) The provisions of Section 100 of the Code of Criminal Procedure, 1973 (2 of 1974) relating to search and seizure shall, so far as may be apply to searches and seizures under this paragraph. ### 10. Submission of statement about the stock of cooking gas. - Every licensee shall submit to the licensing authority a statement about the stock of cooking gas held by him at the end of each month according to English Calendar within three days from the last day of the month in Form 'C'. ### 11. Power to except in special case. - If the State Government considered it necessary or, expedient so to do in the public interest it may, by notification in the Official Gazette, exempt, subject to such conditions it may consider fit to impose, any class or classes consumers from the operation of this order. ### 12. Review and Revision by the Government. - The State Government may, of its on motion, call for, and examine the records of any order passed under the provisions of this Order by any authority subordinate to the State Government and may give such directions with reference thereto as the State Government may deem fit, provided that no direction to the disadvantage of any party shall be given under this paragraph unless the party has been accorded and opportunity of making a representation which it may make against such order. ### 13. Power to relax the order. - Nothing in this order shall be construed to limit of abridge the power of the State Government to dispense with or relax the requirement of any provision of this order to such extent and subject to such conditions as the State Government may consider necessary in the public interest. Form A [See Paragraph-4 (1) ] Form of Application for Licence I hereby apply for a licence under the Manipur Cooking Gas (Licensing and Control) Order 1986 and furnish the following particulars in connections; therewith: ### 1. Applicant's name : ### 2. Applicant's Father's/Husband's name (in the case of an individual). ### 3. Applicant's residential Address. ### 4. Situation of applicant's place of business and godown with particulars. ### 5. Name of the Oil Company from which the applicant will gel his supply. ### 6. Particulars of fire service/explosive licence. ### 7. Particulars of current municipal trade licence (if any). I declare that the following quantity of cooking gas is in my possession this day and is held at the following place namely................... I declare that I am the Proprietor/Manager/Partner/Director/ Secretary/Lessee of the firm or organisation on behalf of which the application is made. Date.............. Signature or left thumb impression of the applicant). Form B [See Paragraph-4(1) ] ### 1. Subject to the provisions of the Manipur Cooking Gas (Licensing and Control) Order, 1986, and to the terms and conditions of this licence, Shri/Servashri..................son/ wife/daughter of........Proprietor/Partner/Manager/Director/Secretary/Lessee of M/s...................having place of business at of village/town.................police station..............is/are hereby authorised to carry on business as a dealer in cooking gas. ### 2. The licensee shall carry on the aforesaid business and store cylinders of cooking gas only at the following place/places. Place of business.................... Place of storing cylinders of cooking gas...................... ### 3. The licensee shall not- (a) enter into any transaction involving purchase, sale, or storage for sale, of cooking gas in a speculative manner prejudicial to the maintenance and easy availability of supplies thereof in the market. (b) withhold from sale/supplies of cooking gas ordinarily kept for sale. ### 4. The licensee shall give all facilities at all reasonable hours to the licensing authority or any officer authorised by it or the State Government for the inspection of his stocks and accounts at any shop or other place used by him for storage sale, or purchase of cooking gas. ### 5. The licensee shall comply with any direction that may be given to him from time to time by the licensing authority in regard to the purchase sale, or storage for sale of cooking gas and in regard to the manner and the language in which the account shall be written. ### 6. The licence shall cease to be valid in the event of death of the licensee or transfer of interest of the licensee in his business under the licence or reconstitution of the partnership firm where such a firm is a licensee. ### 7. If the licensee intends to change his place of business to, or store cooking gas in any place or premises other than those mentioned in the licence, he shall intimate the address of such place or premised to the licensing authority and shall not carry on business, or store any cooking gas in such premises until it has been endorsed on the license. ### 8. The licensee shall issue to every customer a true cash memo or credit note, as the case may be, giving its name, licence number and address, the date of the transaction the quantity sold, the price, the number and date of the permit, if any, under which sold and the salesman's signature and shall keep duplicate carbon copies of all such cash memos, and credit notes, arranged serially and chronologically to be made available for inspection on demand by the licensing authority, or any officer authorised by it in writing in this behalf, and shall preserve such duplicate copies of cash memos or credit notes for one year from the date of issue. ### 9. The licence shall be valid upto......... Date............ Signature and designation of the licensing authority. Office seal of the licensing authority. Form C [See Paragraph 10] Form of Statement Showing Stock of Cooking Gas Held by the Licensee at the End of Each Month \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| Filled \| Empty \| Defective \| ### 1. Opening balance on the first day of the month. ### 2. Supplies received during the month. ### 3. Cylinders returned to the oil companies during the month. ### 4. Total quantity sold during the month. (a) to existing customers. (b) to new customers. ### 5. Number of consumers registered with him. (a) for single cylinder. (b) for two cylinders. Date............ (Name and signature or left thumb impression of the licensee).
65b9ce20ab84c7eca86ea073	acts	State of Madhya Pradesh - Act ------------------------------- The M.P. Alcohol-Yield Rules, 1991 ------------------------------------ MADHYA PRADESH India The M.P. Alcohol-Yield Rules, 1991 ==================================== Rule THE-M-P-ALCOHOL-YIELD-RULES-1991 of 1991 ----------------------------------------------- * Published on 19 November 1991 * Commenced on 19 November 1991 The M.P. Alcohol-Yield Rules, 1991 Published vide Notification No. F. 1-51-87-CTD-5, Madhya Pradesh Rajpatra Asadharan, dated 19-11-1991 page 1670-71 In exercise of Powers conferred by clauses (e) , (g) and (h) of sub-section (2) of Section 62 of the Madhya Pradesh Excise Act, 1915 (No. 2 of 1915), the State Government hereby makes the following rules, the same having been previously published as required by sub-section (3) of the said Section namely:- ### 1. These Rules may be called The Madhya Pradesh Alcohol-Yield Rules, 1991. ### 2. They shall come into force with effect from the date of their publication in the "Madhya Pradesh Gazette". ### 3. The Distillers of Madhya Pradesh shall be responsible for maintaining such minimum fermentation and distillation efficiency and such minimum recovery of alcohol from molasses used for production of alcohol as is prescribed under these rules. ### 4. The minimum fermentation and distillation efficiencies and recovery of alcohol from molasses shall be as under:- \| \| \| \| --- \| --- \| \| (a) Fermentation Efficiency \| 84 per cent of fermentable sugar present in molasses. \| \| (b) Distillation Efficiency \| 97 per cent of alcohol present in the wash. \| \| (c) Minimum Recovery of Alcohol \| 52.5 alcohol litres or 91.8 proof litres per quintal of fermentable sugar present in the molasses used for production of alcohol. \| ### 5. Failure to maintain prescribed minimum efficiency and recovery of alcohol shall render the distiller liable to suspension or cancellation as the case may be and forfeiture of security deposit. ### 6. The Excise Commissioner may impose penalty not exceeding ten thousand Rupees in each case of less than aforesaid efficiency and not exceeding Rs. 30 per proof litres in case there is short recovery of Alcohol, in lieu of cancellation of licence unless it is proved by the distiller that failure was not deliberate and due precaution was taken by him to maintain the prescribed efficiency and recovery. ### 7. The officer-in-charge of the distillery shall draw 3 samples of molasses at the time of preparation of work from molasses all samples shall be sealed by the officer-in-charge. One part will be sent to the Central Laboratory situated in the office of the Excise Commissioner or to a Government approved Laboratory, other part will be handed over to distiller for analysis in the laboratory of distillery. The third one will be kept by the officer-in-charge himself. ### 8. On the basis of the report furnished by the Central Laboratory or the Government approved laboratory as the case may be, the officer-in-charge of the distillery shall calculate the minimum quantity of alcohol which would have been produced by the distiller on the basis of minimum prescribed. In case recovery is below the prescribed minimum the officer-in-charge shall call for the explanation of the distiller and forward the same alongwith his comments to the Deputy Commissioner of the respective division. If necessary, the Deputy Commissioner will make necessary enquiries and furnish the report to Excise Commissioner for orders.
65ba9a24ab84c7eca86ec2d4	acts	State of Goa - Act -------------------- The Goa Public Health Rules, 1987 ----------------------------------- GOA India The Goa Public Health Rules, 1987 =================================== Rule THE-GOA-PUBLIC-HEALTH-RULES-1987 of 1987 ----------------------------------------------- * Published on 17 September 1957 * Commenced on 17 September 1957 The Goa Public Health Rules, 1987 Published vide Notification No. 61/2/79-PHD In exercise of the powers conferred by section 96 of Goa, Daman and Diu Public Health Act, 1985 (Act 25 of 1985 ) and all other powers enabling it in that behalf, the Government of Goa hereby makes the following rules, namely:- ### 1. Short title, extent and commencement. (1) These rules may be called Goa Public Health Rules, 1987. (2) They extend to the whole of the State of Goa. (3) They shall come into force at once. ### 2. Definitions. - In these rules, unless the context otherwise requires,- (a) "Act" means the Goa, Daman and Diu Public Health Act, 1985 (Act 25 of 1985 ); (b) "Baking" includes bake house where the flour is prepared for human consumption; (c) "Coffee House" means a place where drinks are prepared out of coffee powder; (ca) [ "licence" means the licence issued by the Director after conducting necessary inspections as specified under the Act; [Inserted by the Amendment Rules, 2010.] (cb) "Manager" means the owner or any person having control of administration and management of a massage parlour/SPA and/or of the person working or employed therein; (cc) "massage" means any method of treatment of the body for remedial or hygienic purpose including rubbing, stroking, pressing or kneading with the hands, feet or by any mechanical or electrical apparatus or appliances or supplementary aids such as antiseptic oils, powder, cream, lotion or other similar preparation used in this practice; (cd) "massage parlour" means an establishment or premises by whatever name be known providing massage or any other like service; (ce) "masseur/therapist" means a person employed by manager for providing massage or other services in a massage parlour/SPA and having recognized qualifications; (cf) "nurse" means a person employed for nursing duty in a massage parlour and having recognized qualification;] (d) "Sanitary Authority" means Health Officer/Medical Officer i/c Primary Health Centres/Urban Health Centre, Chief Medical Officer, Dy. Directors of Health Services and the Director of Health Services; (e) "Section" means section of the Act; (ea) [ "SPA" means a resort/establishment providing therapeutic bath, a resort area having mineral springs, a fashionable hotel, or resort or health spa, a tub for relaxation or invigoration; including a device for raising whirlpools in the water;] [Inserted by the Amendment Rules, 2010] (f) "Tea Shop" means a place where the drinks are prepared out of tea powder. ### 3. Powers to be exercised by Director. - The Director shall be responsible for the proper functioning of the local authorities under the Act and shall have the powers:- (i) Supervise and direct the Health Officers, Medical Officers and local authorities in the matter of prophylactic, preventive care and treatment of the persons suffering from infectious diseases and in the matter of immunization, disinfection and disinsectization of public places. (ii) Give necessary guidance to the local authorities and their Health Officers in the implementation of the Act and direct them to get the work of sanitation carried out on priority basis. ### 4. Appointment of Health Officers. - The Health Officer to be appointed under section 8 of the Act shall possess the qualifications laid down for the appointment to the posts of Medical Officers or Health Officers of the Primary Health Centre. ### 5. Injurious refuse not to be discharged into public drain. (1) All solid wastes, like mud, sand, gravel metal dust, cereals or any other similar substances or refuses which may cause blockage of free flow of water from the public drain shall be disposed off far away from any public drain after the same are properly arranged or treated so as to avoid a nuisance to the public. (2) All liquid wastes like corrosive liquid, acids or alkaline, poisonous substances, or any other products or substances which may be dangerous, toxic or offensive to the health or which causes or likely to cause nuisance shall be treated, neutralised by proper substances to the satisfaction of the Health Officer before it is discharged into the public drain. (3) The substances specified under sub-rule (2) shall be discharged only after obtaining No Objection Certificate from the Sanitary Authority. ### 6. Pollution of water prohibited. (1) Polluting substances like solid or liquid sewage, poisonous, noxious or polluting liquid discharge from any or during any manufacturing process or of any other source shall not be discharged into water course, lake, tank, river, sea-water unless the same are properly treated to the satisfaction of the Sanitary Authority. (2) The substances mentioned in sub-rule (1) above shall be discharged only after obtaining No Objection Certificate from the Sanitary Authority. ### 7. Latrines. - All unsanitary type of latrine, shall be altered or repaired suitably to fit with the standard of sanitary type latrine adopting any system such as RCA, Sofa Sandas, Bore-well or dug well latrine as advised by the Health Officer according to suitability of place and financial position of the owner. (a) The Health Officer shall notify the owner or occupier of the premises to alter or repair such unsanitary type of latrine within a specific period of time. (b) If the owner or occupier neglects the notice of the Health Officer issued under clause (a), the Health Officer shall refer the matter to the Local Authority who shall construct the same and recover the cost from such person as if it were a tax due to the Local Authority. ### 8. Cases suspected to be of notified diseases to be brought to the notice of Sanitary Authority. (1) All cases suspected to be of notified diseases shall be brought to the notice of the sanitary authority. The communication shall be made as soon as such case comes to the knowledge of the medical practitioner or any doctor who treats the patient or the head of the family of the patient or by patient himself or by the owner of the premises where the patient is residing. (2) No person shall refuse the blood examination requested by the sanitary authority for detection of parasite, virus, bacteria or any other infective organism which the sanitary authority thinks necessary. When the sanitary authority thinks that the collection of blood is to be done at night time, it may communicate through its agent to the head of the family or the patient its intention to do so in advance during the day time. (3) No person shall refuse any investigations demanded by the sanitary authority for the diagnosis of the disease. - (4) Whenever the result of the examination is found to be positive, the patient shall be placed under treatment and other prophylactic measures shall be prescribed by sanitary authority. (5) No patient under treatment shall change his residence even temporarily or pass the night outside the residence without written permission of the sanitary authority. (6) The treatment and investigation as well as prophylaxis prescribed under sub-rules (2) and (3) shall be free of charge. (7) The treatment, laboratory investigation or prophylaxis shall not be refused by any person and the sanitary authority shall enforce compulsion of the same with the help of police or District Magistrate and without prejudice to penal action prescribed under these rules. ### 9. Tenements. (1) A tenement shall be considered habitable if minimum one living room, kitchen, bathroom, sanitary type of latrine and safe drinking water is provided with sufficient number of windows and is maintained in hygienic condition to the satisfaction of the sanitary authority. (2) The volume of a tenement shall be in proportion of 20 cubic mts. per head whereas the height of the roof shall not be less than 3.0 mts. and if it is over 4 mts. the height shall be considered as 4 mts. only. When the number of inhabitants are more in relation to available space, the tenement shall be considered as over crowded. ### 10. Minimum requirement to run hair cutting saloon. - The following are the minimum requirements to run hair cutting saloon:- (1) The plinth area shall be proportionate to the number of seats in the ratio of 60 cms. per seat and the distance in between shall not be less than 1 mt. (2) There shall be sufficient number of clean towels, white aprons for customers and white gowns for barbers. (3) There shall be a stove, vessels for sterilizing the razor, scissors and other instruments used in cutting and shavings. (4) There shall be one or more disinfectants like lysol, 20 per thousand solution of aluminium sulphate, spirit or detol, etc. (5) There shall be porcelain or glass containers for immersing instruments in disinfectant solutions. (6) There shall be one wash basin with tap with running water for washing the utensils used in shaving and cutting. (7) There shall be proper arrangements for disposal of waste water. (8) It is compulsory to change the white apron for every person and the same shall not be re-used for any other person unless it is washed in the laundry. (9) All instruments shall be washed and cleaned and then kept immersed in disinfectant for 15 minutes before using for other person. (10) Every worker employed in the hair cutting saloon shall possess a valid health card issued by the local sanitary authority. The sanitary card shall be in the form No. 1 attached to these rules and shall be renewed every year. ### 11. Conditions required to function a laundry. (a) There shall be a separate room or closed container to keep the soiled linen and one or more cupboards for clean ironed linen. (b) The washing place shall be away from the city area and shall be at a distance not less than 25 metres from any drinking water, well or source. (c) In case mechanical equipment is used for washing and drying the linen, there shall be a separate room and necessary arrangements to drain out dirty water by giving connection to the public drain to avoid any collection of water. (d) Every worker employed in the laundry shall possess valid sanitary card issued by the local sanitary authority and shall be renewed every year. ### 12. Conditions for running a bakery/bake house. (a) There shall be minimum 3 rooms. (b) There shall be no water closet or privy within the premises. (c) There shall be one water tap solely for the purpose of mixing the flour and others for washing the hands. (d) No open drain or cess pool shall be within 25 metres of the bakery/bake house. (e) The floor, wall, and ceiling shall be finished to a hard smooth surface impervious to moisture. (f) The bakery or bake house shall be maintained clean. (g) The baking shall be carried out at the detached building and not inside the dwelling house or chawl. (h) The room in which baking is carried out shall be airy, well lighted, well ventilated and the windows and doors shall be protected with the mosquito wire net. (i) The furnace shall be provided with outlet pipe for smoke so as not to cause nuisance to the neighbours. (j) There shall be separate room for storage of flour. (k) All the troughs and kneading tables shall be thoroughly cleaned with hot water or soap immediately after and before use and shall at all the times be kept in clean condition. (l) Articles of food after being baked shall be stored in a closed container so as to protect them from contamination by flies or infection from impure air, offensive noxious or deterious gas or substance. (m) No person shall sleep in any part of the bake house or bakery, sit or recline on any table or structure in the bakery or bake house which is used for preparation of flour for baking. (n) Every person employed in the bakery or bake house shall wash his hands with soap and water before handling any article of food which is prepared for human consumption. (o) Every person employed in the bakery or bake house shall at all times be dressed with clean clothes and use cap so as to cover the hair and shall not smoke while at work. (p) No person shall be employed in the bakery or bake house unless he is examined by the sanitary authority and carries a valid card. (q) The bread exposed for sale shall be covered with white paper so as to prevent from contamination by flies, insects or hands. (r) No animal of any kind shall be kept within the premises of the bakery or bake house. ### 13. Conditions for running a lodging house. (a) There shall be an independent room with one or more beds well lighted and with good ventilation with a space not less than 25 cubic mts. per head with a height of room not less than 3.0 mts. and if it is more than 4 mts. it shall be considered 4 mts. for the purpose of assessment. (b) There shall be separate sleeping accommodation for residential staff and servants. (c) Every room shall be provided with wash basin and running tap water. (d) There shall be separate sleeping space for servants, if any, of the visitors. (e) The premises shall be maintained clean in all respects. (f) There shall be water closet with glazed tiles covering the floor and the wall upto the height of 1.5 mts. and effluent of W. C. shall be connected to septic tank or public sewage. (g) There shall be bathrooms for the use of visitors; not less than one for every 25 visitors or less with glazed tiles covering the floor and walls upto the height of 1.5 mts. with showers. (h) There shall be provision for pure wholesome drinking water. (i) Rooms shall be well painted and maintained clean and shall be white washed at least once a year and there shall be sufficient number of pillow-covers, bedsheets, mattresses, pillows, rugs so as to provide clean and comfortable bedding to the visitors. (j) The linen shall be replaced at least once a week or as and when soiled. In case any visitor is suffering or suspected to be suffering from any contagious disease, he shall be referred to sanitary authority for advice and the owner shall comply with any suggestions made by the sanitary authority. (k) The workers shall carry a valid sanitary card issued by the sanitary authority. ### 14. Conditions to run coffee house, tea shop, taverna, bars, wine shop, liquor shops, cold drink house, juice sellers and other establishment serving drinks for public excluding those who sell intact tins or bottles for public. (a) There shall be minimum one or more rooms according to the nature of the establishment and movement of the public. (b) The size of the rooms shall be sufficient for sitting of the public and preparation of drinks, if cooking is done there shall be a separate room for such purposes and with sufficient wash basins and smokeless environment. The washing rooms for utensils shall be away from preparation place. (c) The utensils shall be washed every time after use with running water and soap and after washing the same shall be immersed in boiled water before they are kept ready for use. (d) There shall be filters to provide potable water. (e) The potable water used for preparation of food or drink shall be stored in closed clean container. (f) There shall be arrangements for disposal of waste water so as to avoid stagnation. (g) There shall be tables with top covered by marble, glass or sunmica or any other material easily washable. (h) There shall be toilets in sufficient number independent for male and female. The condition can be waived if the market complex is provided with toilet block or there are any public toilets within the distance of 50 mts. (i) The entire premises shall be kept clean and workers shall wear clean clothes or dress during the work. (j) The workers shall hold valid sanitary cards issued by the sanitary authority. ### 15. Conditions to run restaurant, eating houses, boarding, etc. (a) There shall be minimum of 3 rooms of sufficient capacity being one for public service and other for preparation of food where they shall use smokeless stoves or chulas. (b) There shall be sufficient number of water taps for washing the utensils and clean potable water in closed containers for preparation of food. (c) There shall be sufficient number of utensils for boiling the water. (d) There shall be sufficient number of filters. (e) There shall be tap water or running water or running water for washing the crockery and utensils. (f) There shall be proper arrangements for disposal of waste water in order to avoid collection. (g) There shall be tables with top covered with material easily washable like marble stone, sunmica or any other similar material. (h) There shall be independent one or more toilets block for male and female apart from the 3 rooms mentioned in sub-rule (a) of rule 15. This condition may be relaxed if the connected block have arrangements for public toilet within the radius of 50 mts. from the establishment. (i) The cutlery shall be washed with soap and running water and there after passed through boiling water every time after it is used by the customer. (j) The garbage and waste products shall not be thrown indiscriminately but shall be collected in proper closed containers which shall be discharged in the Municipal garbage collection pit. The entire premises of the establishment shall be maintained clean, free from flies, insects and shall observe recommendation done by the sanitary authority or public sanitary inspector during their inspection. ### 15A. [ Requirements and conditions for establishing massage parlour or SPA. [Rules 15A to 15G inserted by the Amendment Rules, 2010.] (1) No person shall establish massage parlour/SPA unless it conforms to the requirements applicable to them, as follows:- (a) location of massage parlour/SPA shall be in healthy surrounding only, free from sound pollution as far as possible or adequately soundproofed/air-conditioned; (b) massage parlour/SPA having at least 100 sq. ft. treatment room with bath and toilet facilities attached thereto; (c) a provision for drinking water facilities; (d) employment of necessary employees for cleaning work, etc.; (e) appointment of a manager-in-charge of massage parlour/SPA; (f) provision for male masseur for massage of males and female masseur for massage of females; (g) restrictions towards use of any medicine and oil used for massage of one person to another person; (h) suitable arrangements for destructions and disposal of other wastes without affecting to the environment; (i) to exhibit name, licence number, details of licence, working hours of each massage parlour/SPA in the premises or building in a manner clearly visible from outside; (j) to maintain register and case sheets for recording details of persons visited massage parlour/SPA services; (k) to exhibit details of employees, working hours of services, types of massages or services available including fees fixed for each items thereof; (l) restricting to function massage parlour/SPA in the vehicle used on land or in water; (m) a Dhroni or long-table in massage parlour at least 7 ft. in length and 2½ ft. in width; (n) an adequate air and light facilities in the treatment-room in the massage parlour; (o) keeping stove and hygienic accessories, equipments, in the treatment rooms for massage parlour; (p) to provide for at least two male masseurs and two female masseurs and the proportion thereof to be increased as per the number of treatment rooms; (q) services of full time nurses in massage parlour and if it exceeds 10 beds, number of nurses shall be in the proportion 1 to 10; (r) appointment of full time one registered male Practitioner; (s) to use of uniform by masseurs during working hours: Provided that requirements specified in clauses (m) to (s) shall not be applicable for establishing SPA. ### 15B. Establishment and registration of massage parlour/SPA. (1) Every person intending to establish massage parlour/SPA in the State of Goa shall make an application to the Director in Form I hereto accompanied with such fee as may be specified by the Government. (2) All Massage Parlours/SPAS functioning in the State of Goa on the date of coming into force of the Goa Public Health (Amendment) Rules, 2010, shall get themselves registered with Directorate of Health Services within six months of commencement of these rules. They shall apply to the Director in Form I hereto accompanied by a fee as specified in sub-rule (1). (3) The Director shall consider the applications received under sub-rules (1) and (2) and upon satisfying the conditions specified in rule 15A and such other conditions as he deems fit, grant the permission or certificate of registration, as the case may be, for a period of three years which shall be renewed for equivalent period upon payment of such renewal fees as may be specified by the Government. ### 15C. Form of application. - An application for grant of permit to operate an ambulance van in the State shall be made to the Director in Form II hereto accompanied by fee of rupees four thousand only and following documents, namely:- (a) Registration certificate. (b) Experience in first aid. (c) List of facilities in the ambulance. ### 15D. Requirements and conditions for operating ambulance van. - Vehicle and Equipment Standards I. Standards. - Every operator shall ensure, with respect to each ambulance used in the ambulance service he or she operates, that: (a) the patient compartment of an ambulance is provided with: (i) adequate space and facilities for placement and transport of one or two patients on stretchers; (ii) readily accessible storage space for the equipment and supplies; (iii) interior surfaces in good repair that are easily cleaned and sanitized; (iv) seating in the patient compartment for at least one attendant, with at least one attendant's seat to be rear-facing and located at the head of the principal or main stretcher patient; (b) each ambulance is constructed and equipped to provide for,- (i) easy loading of stretcher patients by means of a door or doors at the rear of the vehicle; and (ii) loading of stretcher patients by means of a door or doors on the passenger side of the vehicle; and (iii) door openings into or out of the patient compartment described in sub-clause (i) that are designed and equipped to permit the doors to be opened from the inside of the vehicle and comply with transportation standards; (c) a lap-type safety seat-belt conforming to the standards, is provided for each seating position in the ambulance, and that the belt locking mechanism and mounting device for the safety seat-belt is properly maintained, is in good working order and meets the transportation standards; (d) adequate lighting for the care of patients through the placement of low intensity cabinet lights; (e) storage for the equipment required to prevent or minimize projections and sharp edges; and (f) secure fastening or secure storage for all equipment required; (g) the electrical loads of all electrical and electronic components do not exceed the ambulance's generating system capacity; (h) each ambulance is equipped with an isolated dual battery electrical system with the ability for each battery to simultaneously carry the electrical load described in clause (g); (i) each ambulance is provided with,- (i) a light bar (blue flash lights), siren and public address system are to be mounted on the ambulance; (ii) a minimum of one high intensity fog-driving light; (iii) an audio warning device that automatically produces continuous multiple tones; (iv) a public address system; (v) the lights required are on a different electrical circuit; and (vi) the controls for the signals and devices required are readily accessible to the driver and operable by the driver while seated in the driving position; (j) each ambulance is predominantly white with a horizontal Omaha orange reflective band or bands extending along each side of the vehicle, in a proportion and dimension that is appropriate to the design of the vehicle, with a minimum width of 15 centimetres and a maximum width of 45 centimetres; (k) each ambulance displays the word "AMBULANCE",- (i) on the front of the vehicle in legible, reverse, blue reflective capitalized lettering that is at least 10 centimetres in height, with lines at least 1.5 centimetres in width making up the letters; and (ii) on the rear of the vehicle in legible blue reflective capitalized lettering that is at least 15 centimetres in height, with lines at least 2.5 centimetres in width making up the letters; and no ambulance has any other lettering, symbols or designs appearing on the exterior of the ambulance and the visibility into the patient compartment of each ambulance is reasonably restricted by the use of partly tinted or frosted windows; (l) the ambulance accessory equipment should contain First Aid box, one or two stretchers depending on the capacity of the ambulance, oxygen cylinders, if required; (m) ambulance drivers should have the identity card duly approved and signed by Director and white coloured uniforms (white full sleeves shirt and white trouser); (n) the medical equipment in the quantities and in accordance with the specifications specified by the Director; (o) the ambulance service is accessible by the public through a dedicated telephone line on a 24-hour per day basis. II. Maintenance. - Every operator shall maintain each ambulance and the equipment required,- (a) in a safe mechanical condition; (b) in proper working order; and (c) in a clean and sanitary condition. III. Disposable equipment. - (1) Every operator shall: (a) maintain disposable equipment or supplies required in their original, sterile, sealed packaging; and (b) discard the disposable equipment or supplies after use. (2) Where equipment that requires sterilization is used, every operator shall ensure that the equipment is sterilized prior to re-use in accordance with manufacturer's specifications. ### 15E. Permission, inspection, display. (1) The Director may, after satisfying the requirements specified in rule 15D, grant a permit for operating ambulance van for a period of five years. The Director may also refuse the application if the applicant fails to rectify deficiency in the application within a period of seven days thereof. (2) The owner or operator of ambulance van shall file a report on the vehicle safety inspection to the Director from such authority and within such period as directed by the Director. (3) The operator of an ambulance service shall display the permit in a conspicuous place at the main premises from which he operates the ambulance service. ### 15F. Renewal of permit. (1) An application for renewal of permit shall be made three months before expiry of permit to the Director accompanied by renewal fee of rupees one thousand only. (2) The Director shall, after considering the requirements and conditions for operating ambulance van as specified in rule 15D, report as specified in sub-rule (2) of rule 15E and such other requirements as he deems fit, renew the permit before it's expiry. ### 15G. Inspection of ambulance van. (1) Any officer as duly authorized by the Director in this behalf, may, at all reasonable times inspect any ambulance van reported or suspected to be used without permit or being used in contravention of condition of such permit or other purpose not duly authorized thereof, seize and detain such ambulance van as long as may reasonably necessary for examination of contents in the ambulance van and inspection of all records relating to it in possession of such driver or other person in charge of such ambulance van. (2) Every officer seizing any ambulance van under this section shall put a mark, indicating that the same has being seized and shall as soon as may be, make a report of such seizure to the Director or any officer authorized in this behalf with relevant documents alongwith safe custody of ambulance van]. ### 16. Penalty. - Whoever commits (a) breach of the provisions of rule 8 shall, on conviction by a Magistrate, be punishable with a fine, which may extend to Rs. 100/- or with imprisonment which may extend to 3 months or with fine or with both. (b) A breach of any other provision of the rules, shall on conviction by a Magistrate, be punishable with fine, which may extend to Rs. 2000/- and in the case of a continuing breach, after conviction of the first breach, with a fine which may extend to Rs. 30/- per day. (c) A breach of direction given shall be punished with a fine which may extend to Rs. 20/- for every day during which the breach continues after receipt of notice from the local authority or the Health Officer as the case may be, to discontinue such breach. ### 17. Compounding of offences. (1) Subject to the condition, if any, as may be prescribed, the local authority or the Health Officer may accept from any person alleged to have committed offence under the Act or under the rules made thereunder, other than the offence under rule 8 or bye-laws either before or after the commencement of any proceedings against such person in respect of such offence by way of composition for such offence, a sum not exceeding Rs. 2000/-. (2) The local authority or the Health Officer as the case may be, shall if there is no reason to the contrary make an Order in writing specifying therein- (i) the sum determined by way of composition; (ii) the date on or before which the sum shall be paid; (iii) the Authority before whom and the date on or before which a receipted challan shall be produced in proof of such payment; and (iv) the date on or before which the person should report the fact to the local authority or the Health Officer as the case may be. (3) The local authority or the Health Officer as the case may be, shall send a copy of such Order to the person concerned and also the Authority referred to in sub-clause (iii) of sub-rule (2). (4) After compounding any offence under the Act, and the rules, if the person repeats the same offence again, he shall be liable to fine double the amount payable earlier and for continuance of the same offence Rs. 30/- shall be recovered every day as long as the breach continues. ### 18. Fine to be imposed by sanitary authority. - Whenever any offence is punishable with fine, it shall be imposed by the local authority/or Health Officer or any other authority authorised by the Government to investigate the case and it shall record the offences in a panchanama containing the name of the offender, time and date of offence, rule which is breached and all other particulars relevant to the offence in presence of 2 witnesses and obtain signature of the offender and witnesses and thereafter the officer investigating the case shall sign the same and submit it to the local authority or Health Officer having jurisdiction for imposing penalty. Refusal of signing the panchanama by the person committing the breach shall not vitiate the proceeding provided this fact is recorded in the panchanama by the investigating officer in the presence of two witnesses whose signatures are recorded thereon. ### 19. Case to be referred to Magistrate. - When the offence is punishable by fine combined with imprisonment or one convertable by another, then the case shall be referred to a Magistrate having jurisdiction over the area. ### 20. Closing down of establishment or dwelling house. - The closing down of any establishment or dwelling house shall be done through District Magistrate who shall give the establishment all reasonable opportunities and furnish guidelines before closing down the same. ### 21. Compounding of offences. - The local authority or the Health Officer may compound any offence under the Act or these rules. ### 22. Recovery of fine to constitute receipt of Directorate of Health Services. - The amount recovered as fine shall constitute the receipt for the Directorate of Health Services and shall be credited to the appropriate head of Account. ### 23. Cognisance of offence. - No cognisance of offence shall be taken by the Magistrate unless the case is filed by the sanitary authority or local authority. ### 24. Repeal and Saving. (1) Portaria 7012 dated 17-9-1957 and Diploma Legislative 1701 dated 11-4-1957 are hereby repealed: Provided that the repeal shall not affect- (a) the previous operation of any law so repealed or anything duly done or suffered thereunder, or (b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed in so far as it is consistent with the provisions of these rules; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed; (d) any investigation, proceeding, legal proceeding, or remedy in respect of any such right privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, proceeding, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as these rules had not been framed. [Form I] [Form I & II inserted by the Amendment Rules, 2010.] (See rule 15B) Application For Establishing Massage Parlour/spa \| \| \| \| \| --- \| --- \| --- \| \| (1) \| Name of the Massage Parlour/SPA, if any: \| Latest passport size photo of the applicant Self Attested \| \| (2) \| Name of promoters with full postal address: \| \| (3) \| Status of owners/promoters, whether company (copy of memorandum and Articles of Association may be furnished): \| \| \| (a) \| Partnership firm (if yes, copy of Partnership Deed and certificate of registration under Partnership Act may be furnished): \| \| \| (b) \| Proprietary concern (if yes, give name and address of the promoters): \| \|- \| (4) \| Location of the centers alongwith full address: \| \| \| (5) \| Details of Location- \| \| \| \| (a) \| Area: \| \| \| \| (b) \| Title (whether outright purchased) if yes, copy of the registered lease deed should be furnished: \| Yes/No \| \| \| (c) \| Survey number: \| \| \| \| (d) \| Village, Taluka and District: \| \| \| \| (e) \| Distance from nearest town: \| \| \| \| (f) \| Distance from nearest railway station: \| \| \| \| (g) \| Distance from nearest airport: \| \| \| (6) \| If center is attached to a hotel/resort/hospital: \| \| \| (7) \| Details of the building- \| \| \| \| (a) \| Plinth area (floor-wise): \| \| \| \| (b) \| Building number: \| \| \| \| (c) \| Details of building license from local body (attach blueprint of the building and copy of building license): \| \| \| (8) \| Details of facilities- \| \| \| (9) \| Details of equipment- \| \| \| \| (a) \| Massage table (number and size): \| Yes \| No \| \| \| (b) \| Gas or electric stove: \| \| \| \| \| (c) \| Medicated water facility: \| Yes \| No \| \| \| (d) \| Facilities for sterilization: \| Yes \| No \| \| \| (e) \| Facility for steam bath: \| Yes \| No \| \| \| (f) \| Others, if any (please specify): \| \| \| (10) \| Details of personnel- \| \| \| \| (a) \| Number of male masseurs: \| \| \| \| (b) \| Number of female masseurs: \| \| \| (11) \| Quantity of medicine and health programmes- \| \| \| \| (a) \| The firm that supplies medicine (with full address): \| \| \| \| (b) \| The health programmes offered (specify length of each treatment programme): \| \| \| (12) \| Acceptance of the regularity conditions: \| \| \| (13) \| Application fees (details of DD) (a demand draft for Rs. 1,000/- drawn in favour of– \| \| \| \| The Director,Directorate of Health Services,Government of Goa,Campal, Panaji – Goa403 001), is to be enclosed with the application: \| \| \| (14) \| I am aware of the conditions prescribed by the Directorate of Health Services for the Massage Parlour/SPA and wish to confirm that I shall abide by the same and such other conditions as may be laid down from time to time by the Directorate of Health Services for the Massage Parlours/SPA. \| \| \| \| \| \| (Name) Address \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \| Form II (See rule 15C) Grant of Permit to Operate an Ambulance Van \| \| \| \| \| --- \| --- \| --- \| \| (1) \| Name of the owner or operator of an Ambulance: \| Latest passport size photo of the applicant Self Attested \| \| (2) \| Name of promoters with full postal address: \| \| (3) \| Social Security Number: \| \| (4) \| Telephone Number: \| \| (5) \| Mobile Number: \| \| \| (6) \| Details of Ambulance: \| \| \| \| (a) \| Ambulance Number: \| \| \| \| (b) \| Type of Ambulance: \| \| \| (7) \| Status of owner/promoters, whether company is registered: \| \| \| (8) \| Type of service \| {\| \| \| \| Full Time \| \| Part Time \| \| Full or Part Time \| \|- \| (9) \| Location of the ambulance centers alongwith full address (where the ambulance will be stationed): \| \|- \| (10) \| Details of Location- \| \|- \| \| (a) \| Distance from nearest Primary Health Centre: \| \|- \| \| (b) \| Distance from nearest District Hospital: \| \|- \| \| (c) \| Distance from Goa Medical College: \| \|- \| (11) \| If ambulance is attached to the Hospital/ Nursing home/ NGO/ Panchayat (Give details): \| \|- \| (12) \| Type of Ambulance: \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| \| \| Grade A \| \| Grade B \| \|- \| (13) \| Details of personnel- \| \|- \| I. \| (a) \| Name of the Attendant: \| \|- \| \| (b) \| Qualification of the Attendant: \| \|- \| \| (c) \| Trained in First Aid: \| \|- \| \| (d) \| Phone Number: \| \|- \| II. \| (a) \| Name of the Driver: \| \|- \| \| (b) \| Driver License Number: \| \|- \| \| (c) \| Expiration Date: \| \|- \| \| (d) \| Phone Number: \| \|- \| (14) \| Application fees (details of DD) (a demand draft for Rs. ### 3. ,000/- drawn in favour of- \|- \| \| The Director,Directorate of Health Services,Government of Goa,Campal, Panaji–Goa403 001), is to be enclosed with the application: \| \|- \| (15) \| I am aware of the conditions prescribed by the Government for the Ambulance Service, and wish to confirm that I shall abide by the same and such other conditions as may be laid down from time to time by the Directorate of Health Services for the Ambulance Service. \|- \| \| Full name and designation of the applicant \| \|- \| \| Place: \| \|- \| \| Date: \| \|}

Subsets and Splits